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PC 07-18-01 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia JULY 18, 2001 7:00 P.M. CALL TO ORDER TAB 1) June 20, 2001 Minutes .................................................. (A) 2) Committee Reports .................................................... (B) 3) Citizen Comments.....................................................(C) PUBLIC HEARING 4) Proposed Text Amendment to Chapter 165, Zoning, Section 165-5(E) - Compliance Required; Required Permits; of the Code of Frederick County. This amendment pertains to Radon Resistant Construction Standards for Residential Construction as required by the Virginia Uniform Statewide Building Code. (Mr. Wyatt).......................................................... (D) PUBLIC MEETING 5) Waiver Request by Larry and Susan Merritt to grant an exception from the requirement of Section 165-54 of the Frederick County Zoning Ordinance for a lot in the Rural Areas (RA) District to be created or adjusted to less than five acres. This property is located at 413 Poorhouse Road and is identified with Property Identification Number 52-3-4 in the Gainesboro Magisterial District. (Mr. Davenport) ....................................................... (E) DISCUSSION ITEMS 6) Medical Support District Work Session (Mr. Wyatt).......................................................... (F) 7) Other C: • • 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 20, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; S. Blaine Wilson, Shawnee District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District and Cordell Watt, Back Creek District; STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Jeremy F. Camp, Planner II; Candice Mills, Summer Intern; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 16, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of May 16, 2001 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 06/11/01 Mtg. Commissioner Light reported that the CPPS discussed the following issues: groundwork for a PDR Program, insight into future development in Frederick County; the potential of cleaning up the Water and Sewer Service Area around Pioneer Trailer Park. Frederick County Planning Commission Minutes of June 20, 2001 Page 681 -2 - Historic Resources Advisory Board (HRAB) - 06/19/01 Mtg. Commissioner Morris reported that the HRAB was presented with an overview of a potential rezoning of 150 acres of land at Exit 317 on 1-81 (Duncan/Hoover property). He said that the proposal is for portions of the land to be rezoned to M 1 (Industrial Limited), B2 (Business General), and B3 (Industrial Transition) Districts. He said that the HRAB discussed how to protect and preserve a portion of the property that is within the Rutherford Farm Core Area. Mr. Morris believed there was consensus among HRAB members that issues could be resolved. Mr. Morris added that Mr. Richard Duncan will be holding a news conference at the Winchester Regional Airport on June 21 at 11:00 a.m. regarding his rezoning and potential uses. Sanitation Authority (SA) - 06/19/01 Mtg. Commissioner Fisher reported that the SA discussed the purchase of water from Berkeley County, West Virginia to serve property at the I-81 Whitehall Exit; approved a $9.9 million operating budget for FY 01-02; discussed the need to provide water service to six homes on Smithfield Avenue, approved a feasibility study for purchasing water from the Town of Front Royal; and held a public hearing on increased water rates. PUBLIC HEARINGS Conditional Use Permit #03-01 of Kitty B. Hockman and Kitty Hockman-Nicholas for a Cottage Occupation for a Bed and Breakfast. This property is located at 688 Shady Elm Road (Hedgebrook Farm Log Guest House) and is identified with P.I.N. 74-A-67 in the Back Creek District. Action - Recommended Approval with Conditions Mr, Evan A. Wyatt, Planning Director, announced that the Hockman's Conditional Use Permit (CUP) application is for a bed and breakfast only; he pointed out that the application, as well as the review agency comments, make reference to not only a bed and breakfast, but a gathering and meeting place. Mr. Wyatt said that the applicant has clarified this is their long-range vision for the property and this application is solely for the bed and breakfast. He said that if the applicant should decide in the future to proceed with the next phase, which would be the gathering and meeting places, they would need to come back before the Commission with a revised CUP. Mr. Jeremy F. Camp, Planner 11, read the background information and noted that there were Frederick County Planning Commission Minutes of June 20, 2001 Page 682 -3 - no adverse comments from any of the review agencies. Mr. Camp said that the proposed bed & breakfast will take place in a two-bedroom house located on the property. He reported that the house was at least 700 feet from both Shady Elm Road and Soldiers Rest Lane; he said the property is surrounded by like properties, and property setbacks are greater than required by the ordinance. Mr. Camp proceeded to read a list of conditions that could be placed on the CUP, should the Commission find the use appropriate. He added that the Planning Commission tabled this application at their May 16, 2001 meeting to allow staff the opportunity to provide a nearby property owner, who spoke during the meeting, with written notification. Ms. Jackie Hott, Ms. Kitty Hockman's grandaughter, one of the applicants, came forward to represent this application. Ms. Hott presented an overview of what they want to establish by the proposed CUP. Mr. Thomas proposed that if the Health Department has not limited the operation to two bedrooms, that the Commission consider allowing the applicant some leeway on the number of bedrooms, possibly for the approval of up to six bedrooms should they decide to expand their operation, so the applicant would not be required to come back before the Commission to revise their CUP. It was noted that the applicant would still have to meet all of the State requirements, however, they would not have to come back before the Planning Commission and the Board of Supervisors. There were no citizen comments regarding the proposed CUP. No issues of concern were raised by the Commission. Upon motion made by Mr. Unger and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 403-01 of Kitty B. Hockman and Kitty Hockman-Nicholas for a Cottage Occupation for a Bed and Breakfast at 688 Shady Elm Road (Hedgebrook Farm Log Guest House) with the following conditions: All review agency comments and applicable state permits required for B&Bs shall be addressed within 90 days of approval and complied with at all times. 2. Based on the scale of the proposed bed and breakfast, Cottage Occupation sign requirements are appropriate. Signage shall not exceed four (4) square feet in area. 3. No more than six (6) bedrooms shall be utilized for the bed and breakfast operation. 4. Any expansion or change of use will require a new conditional use permit. Frederick County Planning Commission Minutes of June 20, 2001 Page 683 -4 - Conditional Use Permit #07-01 of John Kevin Smith (Westside Auto Repair) for a Public Garage Without Body Repair. This property is located at 191 Tori Lane and is identified with P.I.N. 52-14-J in the Gainesboro Magisterial District. Action - Recommended Approval witil Conditions Mr. Jeremy F. Camp, Planner II, read the background information and stated there were no adverse comments by any of the reviewing agencies. Mr. Camp stated that the applicant is requesting to operate a public garage without body repair in an existing detached garage that was constructed in 1996 for the applicant's towing service business. He further stated that the property is 4.5 acres and is located on a private dirt and gravel road that connects to Dicks Hollow Road (Rt. 608). Mr. Camp believed there would be minimal impact to surrounding properties, primarily because of the natural screening and topography in the rear of the applicant's property where the garage is located. Mr. Camp proceeded to read a list of recommended conditions, should the Commission find the use to be appropriate. Mr. John Kevin Smith, the applicant and owner of the property, presented some photographs of his property and the garage. Commissioner Morris asked Mr. Smith if this public garage would be his sole source of employment and Mr. Smith replied that it would. Mr. Smith added that he has operated a towing business from this same location since 1996. Commission members asked Mr. Smith if he was agreeable to the eight recommended conditions of his permit and Mr. Smith replied that he was. Mr. Smith was also asked whether he planned to operate seven days per week and he replied that he planned to operate Monday through Saturday only. Chairman DeHaven called for citizen comments and the following persons came forward to speak in favor of Mr. Smith's proposed public garage: Mr. Donnie Shell, adjoining property owner at 149 Tori Lane, said that he cannot see Mr. Smith's garage from his house and he does not hear noise coming from his shop. Mr. Shell said that a public garage is a service that is needed in the area and Mr. Smith is a good mechanic with reasonable prices. Mr. Gary Drake, adjoining property owner at 200 Tori Lane, also spoke highly of Mr. Smith. Mr. Drake said that Mr. Smith is a good neighbor and mechanic, has reasonable prices, and doesn't make any noise. Ms. Sandra Henry, adjoining property owner at 226 Herman Lewis Lane, said that she had no problems with Mr. Smith operating his garage; she said that she never hears noise or commotion, the Smiths are good people, and Mr. Smith is a good mechanic with great rates. Mr. Richard Smith, the applicant's father and an adjoining property owner at 215 Tori Lane, said that his son keeps his property neat and there is no junk lying around. No one spoke in opposition. Frederick County Planning Commission Minutes of June 20, 2001 Page 684 operation. -5 - Commissioner Fisher said that he visited the site and found it to be a clean and well -kept No issues of concern were raised by any of the Commission members. Upon motion made by Mr. Kriz and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #07-01 of John Kevin Smith (Westside Auto Repair) for a Public Garage Without Body Repair at 191 Tori Lane with the following conditions: 1) All review agency comments shall be complied with at all times. 2) In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four square feet in area. A sign permit must be issued by the County Building Inspections Department prior to the placement of a sign. 3) A building permit for the recently constructed garage addition must be submitted to the County Building Inspections Department within 30 days of this CUP approval. 4) All repair work shall take place entirely within an enclosed structure. 5) No more than five vehicles awaiting repair shall be permitted outside of the garage. 6) All exterior storage shall be screened from the view of surrounding properties. 7) The business may only operate between the hours of 7:00 a.m. and 7:00 p.m. 8) Any expansion and/or change of use shall require a new CUP. Rezoning #01-01 of Southern Hills, submitted by G. W. Clifford & Associates, Inc. to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) to establish 250 single-family residential lots. This property is located south of Stephens City, east of 1-81, 0.8 miles south of Fairfax Pike (Rt. 277) on the east side of Town Run Lane (Rt. 1012), and is identified with P.I.N. 85-A-138 in the Opequon Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Planning Director, stated that this rezoning was tabled from the Commission's January 3, 2001, February 21, 2001, and March 21, 2001 meetings. Mr. Wyatt said that the staff had identified nine potential issues of concern and based on the applicant's revised proffer statements, several of the issues have been resolved. Mr. Wyatt said that the new information concerns two issues related Frederick County Planning Commission Minutes of June 20, 2001 Page 685 -6 - to transportation. The first issue was that the applicant should demonstrate the current Level of Service (LOS) conditions at the critical intersections, as well as what the future LOS conditions would be at build -out of the project. He said the information prepared by the applicant's transportation engineer, Mr. John Callow, has attempted to address those concerns and has provided various scenarios for LOS conditions based on development of this property and properties to the north and east. Secondly, the applicant should advise the Commission if plans exist to provide for future signalization. He said the Commission should determine if the applicant's offer to develop this alternative road system to allow for traffic movement of a different direction in this area, as well as the provision for signalization at the intersection of Fairfax Pike and Stickley, adequately mitigates the transportation impacts associated with the proposal when a recommendation is forwarded to the Board. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the project design engineers, introduced himself and the project's transportation engineer, Mr. John Callow of Patton, Harris & Rust Associates, a 38 -year veteran conducting transportation studies in our area. Mr. Maddox's discussion focused on the transportation issues inv6lving the current and future LOS at the intersections involved and the future signalization at the Stickley Drive/Rt. 277 intersection. Mr. Maddox explained the "best alternative" LOS calculation, based on the scenario whereby the developer builds Stickley Drive as proffered to connect with Town Run Lane, and the developer initiates the installation of the traffic light early on in the development process. As a result, all directions in the intersection work at a minimum LOS of "C," with the stipulation that access is allowed "Southbound Only" on Town Run Lane at the connection where Stickley Drive meets Town Run Lane. Mr. Maddox pointed out that this developer has shown a sense of responsibility and leadership in providing these privately -funded projects, which undoubtedly would eventually be publicly -funded, if it were not for these offers. Mr. Maddox asked the question of what was fair and equitable in order to achieve the County's goal of concentrating growth in and around the Urban Development Area. He proceeded to speak about the low inventory of available building lots in Frederick County and believed that if the UDA was not expanded in the face of need, then a loss of efficiency could be experienced in the Comprehensive Policy Plan's UDA concept. He also explained that in developing their proffers for this project, they have taken into consideration a larger picture, which is an issue that has been promoted by the local business people in the Rt. 277 area, the Town of Stephens City, and the Board of Supervisors, who have had a number of meetings with VDOT officials and state and local political leaders, which involves moving the interchange south. Mr. Maddox said that their rezoning proposal takes into account all of the best information he has been able to gather concerning the idea of moving the interchange. Commissioners were in agreement that this was an excellent plan and that the applicants had done as much as they could possibly do to mitigate the existing and future traffic problems. They agreed that the two key items that make the plan work were the installation of the traffic light at the intersection of Stickley Drive and Rt. 277 and secondly, ensuring that traffic traveling north on Town Run Lane turns east on Stickley Drive instead of continuing north. Commissioners commented that Frederick County should take an active role in making sure these two items were implemented. Mr. Steve Melnikoff, the transportation engineer for the Edinburg Residency, stated that VDOT will be looking at channelizing the Town Run Lane with curbing or islands to encourage the traffic to go towards Stickley. Mr. Melnikoff also advised that once the traffic warrants are met, the traffic light will be installed. Frederick County Planning Commission Minutes of June 20, 2001 Page 686 -7 - Chairman DeHaven inquired if VDOT would consider making Town Run Lane a one-way south -bound street, should the local governing body request it. Mr. Melnikoff replied that they could review the possibilities of that option. At this point, Chairman DeHaven called for public comments and the following persons came forward to speak: Ms. Libby Fravel, a resident and business owner from the Town of Stephens City, stated that the applicant's proposed road network plan showing Town Run Lane to Stickley Drive assumes the Stephens City interchange moves to the south of Stephens City, however, this concept has not yet been officially adopted. Ms. Fravel believed the relocation of the Stephens City interchange to the south may be the best and last chance to alleviate traffic congestion problems and that it was imperative for Stickley Drive to be lined -up with the location of the proposed interchange. Ms. Fravel was not against the proposed housing, but wanted to insure the end result was a workable solution. She asked the Commission to deny the application until a final and effective route could be planned and co6rdinated between VDOT and the applicant. Ms. Sandra Ritenour, a resident off of Town Run Lane, had numerous questions about the ability of the proposed road improvements and traffic signals at Town Run Lane and Stickley Drive to handle the existing, let alone the proposed traffic. She believed that Town Run Lane needed a left-hand turn lane and a left-hand turn signal. She was concerned there was not enough room for vehicle stacking between traffic lights. Ms. Rittenour was concerned that if the road improvements and traffic signals are not installed for five to ten years, there would be considerable chaos at these intersections and it was going to be extremely dangerous. Mr. John H. Milam, Jr., property owner at 567 Peace and Plenty Lane and a professor at the University of Virginia who works with the U.S. Department of Education, was concerned that the transportation issues had not yet been adequately resolved. Mr. Milam said that the funding for Route 277 is uncertain and the location for the Stephens City interchange on I-81 is also uncertain. He believed that the proposed subdivision was built on these two assumptions. Mr. Milam requested that the rezoning be tabled until these issues were resolved. Ms. Tammy Rogers, a realtor with Prudential Carruthers in Winchester who was representing the executor of Dorothy Carbaugh's estate, commented that over the previous nine or ten months, Mr. Holliday has provided all the information requested of him and has offered adequate proffers. She requested that the Commission recommend approval of the rezoning so they may be able to settle this estate. Mr. David Holliday, contract holder for the Carbaugh's tract, said that a traffic consultant was hired in order to do this project properly, he has proffered to build Stickley Drive before any houses are constructed, and the $100,000 will be in escrow for VDOT to use however and whenever it's needed. Mr. Holliday agreed there were unknowns, however, he believed his project was not going to make the traffic problems worse, but would help to make the situation better. He said that Frederick County, VDOT, and himself were going to have to work together on this project. Mr. Holliday added that the Ewing Fancily has told him that they wish to take title of the Ewing Family Cemetery, however, he would take steps to make it a permanent easement. Frederick County Planning Commission Minutes of June 20, 2001 Page 687 -8 - Mr. Maddox returned to the podium and acknowledged that Stickley Drive will need to line up with the future bypass around the west side of Stephens City, therefore, the proposed road location will be narrowly restricted. He said that in addition, it will, in all probability, need to be built and functional for both southbound -off and southbound -on traffic in order for the ramps to be constructed. He said that the Highway Commission'N representative for this area has stated that if official clearances are achieved, then the money would be available for the south interchange. Mr. Maddox added that the traffic light will be synchronized with the operation of the other lights and will not create an impact on the I-81/ Rt. 277 interchange. Commission members believed Mr. Holliday was to be commended, not only for his partnership and cooperation between all the parties involved, but on the significant off-site improvements proposed, such as the construction of Stickley Drive, the paving of Town Run Lane, and the traffic signal. In addition, they pointed out that Mr. Holliday had made a significant monetary contribution to the County's infrastructure and, as a result, county taxpayers should not be impacted by his development. Commissioners also believed that Mr. Holliday's engineering company should be commended in helping everyone to visualize the transportation network for that entire area and some of the resolution and mitigation possibilities that exist. In conclusion, the Planning Commission was of the opinion that the applicant's offer to develop the alternative road system to allow for traffic movements to occur at a signalized intersection to the east of the intersection of Town Run Lane and Fairfax Pike adequately mitigated the transportation impacts associated with this rezoning proposal. Upon motion made by Mr. Thomas and seconded by Mr. Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #01-01 of Southern Hills, submitted by G. W. Clifford & Associates, Inc,. to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) to establish 250 single-family residential lots with proffers as submitted by the applicant. 2001 PLANNING COMMISSION BYLAWS Action - Approval Mr. Evan Wyatt, Planning Director, presented the final draft of the Planning Commission's 2001 Bylaws which were reviewed and revised by the Conunission at their April 4 and May 16, 2001 meetings. Mr. Wyatt brought the Commission's attention to Page 8 of the Bylaws under Article 9, Amendments, Section 9-2: The Planning Commission shall conduct an annual review of these bylaws to ensure their accuracy. He suggested that the Commission may want to include the wording, "The Planning Commission shall conduct an annual review of these bylaws in November of each calendar year to ensure their accuracy and formally adopt these bylaws at the first meeting of the subsequent calendar year." Frederick County Planning Commission Minutes of June 20, 2001 Page 688 -9 - All the Commissioners were in agreement with this additional wording and upon motion made by Mr. Kriz and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the 2001 Planning Commission Bylaws. DISCUSSION ON THE DEFINITION OF COTTAGE OCCUPATION Mr. Jeremy F. Camp, Planner II, stated that in the past couple years, the Planning Staff has received several comments that some of the types of businesses applying for Conditional Use Permit approval under the cottage occupation definition may be inappropriate. Mr. Camp said that the staff would like to discuss this matter further with the Planning Commission to determine whether or not the County's definition of a cottage occupation is appropriate. Mr. Camp proceeded to read the definition as it currently appears in the ordinance. There was considerable discussion between the Commission and staffregarding the adequacy ofthe current definition and various situations that have arisen in the past regarding applications for conditional use permits. Commissioners believed this issue has arisen frequently enough to warrant continued study and attempts to improve the definition. The Commission decided to send the issue to the Development Review and Regulations Subcommittee for review of the definition by considering the scale of the proposed business, the intensity of use at the driveway connected to the road system, and specificity on the number of employees permitted. INTRODUCTION OF CANDICE MILLS SUMMER INTERN Mr. Eric R. Lawrence, Deputy Planning Director, introduced the Planning Department's new summer intern, Ms. Candice Mills, who will be a senior student at Shenandoah University this Fall pursuing environmental policy. Mr. Lawrence said that in the past month Ms. Mills has been with the Planning Department, she has conducted considerable research involved in the rural land use policies and has put together the presentation for this evening's discussion on rural policy issues. DISCUSSION ON RURAL POLICY ISSUES Mr. Eric R. Lawrence, Deputy Planning Director, recalled from the Commission's yearly retreat last February, when the Planning Commission and Board of Supervisors discussed numerous growth and development issues affecting the community, one of which dealt with the rapid loss of agricultural lands. Frederick County Planning Commission Minutes of June 20, 2001 Page 689 -10 - Mr. Lawrence said that the conversion of agricultural lands to residential uses is significantly impacting the agricultural economy, as well as the rural characteristics of the community; he stated that the Comprehensive Plans and Programs Subcommittee (CPPS) has been reviewing the County's current rural areas policy and is considering recommended policy changes for the Urban Development Area that might assist in lessening the residential pressures on the agricultural areas. Mr. Lawrence proceeded to make a presentation of the CPPS's progress to date and requested guidance from the Commission regarding the CPPS's current efforts. Members of the Commission suggested that the ordinance include a "Rural Residential" Zoning for residential housing in the RA District. They believed there was a need to take residential development in the County's rural areas from a "by -right" use and put it into the hands of elected officials and public scrutiny, so that controls could be incorporated. Commissioners commented that there are no controls and no proffers received for residential development in the RA areas and it is not working. They commented that five -acre lots are not RA, it is not agriculture land any longer—it is a housing development, and county taxpayers are picking up the cost of this development by paying for needed schools and services. It was pointed out that last year, Frederick County lost'1,500 acres of RA land (agricultural land) to housing with absolutely no control and no proffers. It was predicted that over the next ten years, Frederick County could lose 15,000 acres of its RA land to housing. Although many of the ideas presented had to do with design standards, the Planning Commission believed they first needed to establish a "vision statement or goal for the future development of Frederick County." One of the many questions that arose was whether it was the County's desire to preserve viewshed and open space or to maintain agriculture as a viable economic resource. The Commission decided that the vision statement would be the first step in this process, followed by the development of design standards. It was agreed by all that this work was a high-priority item for the Commission and subcommittees and should be pursued as diligently as possible. OTHER PRIMARY ROAD PRE -ALLOCATION HEARING Mr. Evan A. Wyatt, Planning Director, announced that the Commonwealth's Transportation Board's Primary Road Pre -Allocation Hearing has been scheduled for Monday, July 16, 2001. Mr. Wyatt asked for anyone wishing to attend to contact Deputy Planning Director, Eric R. Lawrence, who will take care of the travel arrangements. Frederick County Planning Commission Minutes of June 20, 2001 Page 694 ADJOURNMENT unanimous vote. -11 - No further business remained to be discussed and the meeting adjourned at 10:00 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of June 20, 2001 Page 691 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM To: Frederick County Planning Commission From: Evan A. Wyatt, Planning Director r,. Subject: Zoning Ordinance Amendment for Radon Resistant Construction Date: July 5, 2001 540/665-5651 FAX: 540/665-6395 Recently, the Uniform Statewide Building Code was amended to provide localities with the option of requiring radon resistant construction standards for residential construction. Localities desiring to implement this standard are required to develop appropriate language that is to be included within the Zoning Ordinance. The Frederick County Public Works Committee has recommended that Frederick County adopt this standard. The Development Review and Regulations Subcommittee (DRRS) considered a request from Mr. John S. Trenary, Frederick County Building Official, regarding this matter. The DRRS had several questions pertaining to the implementation of this standard by the Department of Inspections; however, they expressed no concern with the proposed text amendment. Please find below the proposed text amendment that was recommended by the DRRS. Staff asks that the Planning Commission consider this language and forward a recommendation to the Board of Supervisors for final resolution. Section 165-5 Compliance required; required permits. 165-5(E) Radon resistant construction measures shall be undertaken to meet the requirements of the Virginia Uniform Statewide Building Code. Radon resistant construction measures shall meet all applicable permitting and inspection requirements as a condition of structural occupancy as described in Section 165-5(D) of this Chapter. U \Evan\Common\DRRS\RadonResistantConstmetionTextAmendment-PCPublicHearingMem.wpd 107 North hent Streit • Winchester, Virginia 22001-51)(M COUNTY of FREDERICK �IE�O�BL�I Inspections Depart,mnt John S. Trenary, Building Official 18 TO: Public Works Committee 540/665-5656 Fax 540/678-0632 THROUGH: Haney E. Strawsnyder, Jr., P.E. FROM: John S. Trenary, Budding Code Official DATE: April 17, 2001 SUBJECT: Budding Code Change Regarding Radon Resistance Construction In the latter part of 2000 the State Legislation enacted several amendments to the Uniform Statewide Building Code/1996 Edition with the final printing being in mid November of2000. One of -the Amendments was to Section 310.6.1 in the CABO One and Two Family Budding Code (copy enclosed) for Radon Resistant Construction. Localities such as Frederick County located within the Zone I ofthe U. S. EPA Radon Map can enact the requirement already set forth in CABO code for Radon Resistant Construction. Prior to this action Virginia voted to exclude Radon related sections of the code from enforcement by Code Officials. The exemption still remains for new homes constructed on ventilated crawl spaces. What differs with this amendment is that it allows each locality the option to take "official action" under 15.2-2280 et seq. of the Code of Virginia (Local Zoning Ordnance) in order to enforce the Radon Resistant Construction requirements. This pnmanly requires that the permit holder/builder install a passive system consisting of a 3 -inch pipe from under concrete slabs of living areas through the interior framed walls and extend 12- inches above the roof It also requires access to electrical power within the attic space. No testing for Radon Gas is required by the Building Department or the Budding Code. The testing option would be at the discretion of the occupant/owner after final inspection is performed along with the installation of additional equipment such as a positive fan if the passive system does not lower the radon gas to acceptable levels Related issues and information: Our department has made contractors aware of the code change and the high potential of the Zone 1 Classification of Frederick County along with information handouts (copy enclosed) on how to install the passive system piping. 2. Several real-estate representatives unaware of the recent code change have contacted me about Radon construction regarding the time and cost that occurs when a new home is found to contain high levels when tested by the potential buyer. Radon Memorandum Page 2„ 'a. Two firms that perform the home testing in our area indicated to me that 40% to 60% of uLiYl"iomes are fv�:.-d to contain Radon gas levels -1—iue a11— Lu pai. allltdtGlJ and have to be retrofitted with some type of radon abatement system Thank you for your consideration on this matter. Ifyou need any additional information or have any questions please contact me at 665-5656. If your wish is to consider "official action" as requested in the code language, I will proceed at your direction to establish the proper placement within the Frederick County code. 86 THE WINCHESTER STAR, Wednesday July 17 2001 Situdy: Ra-Adon Ga's Levels AbnormalIA fft% 6 1322M By The Associated Press - RICHMOND — Radon levels in groundwater in the southern Blue. Ridge Mountains are among the high- est in the nation, a U.S. Geological Survey study says. The study, part of the National Water Quality Assessment Program, was designed to evaluate and compare components affecting groundwater quality around the country. The USGS collected groundwater samples throughout the country, including the New River Drainage Basin in south- west Vagina. .Eighty-seven percent of the 30 wells sampled in the Blue Ridge ex- ceeded the Environmental Protection Agency's proposed national Arinking- water standard for radon," said Hugh Bevans, USGS district chief in West Virginia. Some concentrations were more than 100 times the EPA stan- dard, according to the report released Friday. Radon, a gas which is undetectable to human senses but fatal if absorbed_ in high concentrations, is formed by the decay of the -radioactive element uranium. The Blue Ridge and Pied- mont areas of Virginia contain specific types of rocks that have, naturally high levels . of uranium, according to the USGS. The radon gas produced can penetrate through fractures in rocks or dissolve into groundwater. High radon levels are a factor of geology and the natural decay of ura- nium," Bevans said. "The ,Blue Ridge, because of .its geology, has some of the highest observed radon concentrations in the nation." The study did not reach past -the New River Basin in Virginia, but Be- vans said that "high radon levels are very possible farther up the Blue Ridge because the geology is similar." -The EPA's radon standards, which are enforced for public water supplies, do not cover the. privately -owned wells where most of the USGS' samples in of groundwater radon because they- bring- heybring water to the surface in a closed system. Radon then can Quickly accu- mulate in poorly ventilated areas when water flows from the sink and shower faucets of a house, he said. Indoor -air radon levels above 4 pic- ocuries.per liter (pCi/L) can become a significant health hazard ober. time. They greatly increase the risk of lung cancer, said Donna Reynolds of the A1m1�erican Lung Association of Vir- ginia. A picocurie is a measure of the con- centration of a radioactive element, named after the physicist Marie Curie. One picocurie is roughly equal to the decay of two radioactive atoms per minute. If the indoor air of a 1,000 -square -foot house measures 4 pCi/L of radon, then nearly 2 million radon atoms are decaying in it every minute, according to a USGS radon publication: `Breathing radon poses the greatest risk," Reynolds said. Odorless and col - «Eighty-seven ` percent of the 30 wells sam- pled in the Blue Ridge exceeded the . Environ- mental Protection Agency's proposed na- tional drinking -water standard for radon.99 — Hugh Bevans, USGS district chief in West Virginia the Blue Ridge were taken. "But it is in the homeowners' best interest to take care of the problem," Bevans said. . That's because radon dissolved in groundwater can get into the air when the water is agitated, said Dave Nelms, a USGS groundwater specialist in Richmond. Private wells are a common source orless, radon can be deadly, she said. "Itis the second -leading cause of lung cancer in the country." Radon gas also can. seep into a house through cracks or openings in foundations. Churned -up through the householdfaucets or seeping silently from the earth, radon can accumulate to dangerous levels in the enclosed air spaces of a house. Lbcal hardware and home supply stores often carry radon test kits, which cost about 20 and can measure the radon level in indoor air. There is no commercially available test kit for radon in groundwater. But high indoor air levels indicate that radon also may be present in the household groundwater supply, Be- vans said. The best way to reduce. indoor -air radon levels is to keep a house well - ventilated, Bevans said. Radon levels also can be decreased by sealing cracks in foundations and using a va- por barrier when building a house. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Planning Commissioners FROM: Patrick T. Davenport, Zoning and Subdivision Administrator PTD D RE: Request of Exception DATE: July 9, 2001 Attached is a letter from Mr. Larry D. and Susan Merritt, owners of approximately 1. 19 acres in the Gainesboro Magisterial District. The Merritts wish to initiate a boundary line adjustment with an adjoining property owner. The two parcels involved are legally nonconforming lots, both of which are under five acres. Chapter 165-140 C of the Zoning Ordinance requires that a non -conforming use may not be modified if the degree of non -conformity increases. Chapter 165-54 ofthe Zoning Ordinance also requires that the minimum lot size in the RA District must be five acres with the exception of Family Variance lots or Rural Preservation lots. The applicant is requesting a waiver to the aforementioned sections of the Zoning Ordinance in accordance with Section 144-5 of the Subdivision Ordinance. The proposed boundary line adjustment would increase the size ofthe Merritt's parcel from 0.68 acres to 1.19 acres. The adjoining property owner (Cochran) directly affected by this proposal would have an original parcel area of 3.075 acres reduced to 2.57 acres. The Merritts have indicated that the proposed boundary line adjustment would cause the two parcels to revert nearly identical to their original dimensions and area. The Merritts have also submitted a petition that indicates support for the boundary line adjustment by the adjoining property owners. Attached are exhibits A through D which summarize the relevant conveyances for this parcel. Exhibit "A" is the source ofthe parcel describing the creation ofLot 4 ofthe "Perry Lots." Exhibit "B" describes a boundary line adjustment where 0.51 acres was conveyed in November of 1985 from Cochran to Frye, creating anew lot size of approximately 1. 19 acres. Exhibit "C" describes a reconveyance ofthe 0.51 - acre area from Frye to Cochran and the remainder of the parcel shown on Exhibit "D" from Frye to Merritt in September of 1990. A recommendation from the Planning Commission to the Board of Supervisors regarding the request is desired. PTD/ch Attachments UAParrick\Common\Merril Waiver report.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 June 26, 2001 Larry D. and Susan Merritt 413 Poorhouse Road Winchester, VA 22603-3846 Attention: Patrick T. Davenport Zoning and Subdivision Administrator Frederick County Dept. of Planning and Development 107 N. Kent St. Winchester, VA 22601 RE: Boundary Line Adjustment between PIN # 52-34 and PIN # 52-A-65 Dear Mr. Davenport, On June 20, 2001, I met with you, Supervisor Sid Reyes, and Eric Lawrence to discuss the requirements necessary to achieve a boundary line adjustment indicated on the enclosed plat. During the meeting, we discussed the historical arrangement of these properties and how my proposed boundary line adjustment will return the lot comparable to its original area and dimensions. We reviewed the requirements of the Frederick County Zoning and Subdivision Ordinances, and I understand that the property from which I am acquiring a portion of, is less than five acres. According to Chapter 165-54 of the Zoning Ordinance, a lot size in the Rural Areas (RA) District cannot be created (other than a family variance parcel) or adjusted to less than five acres. I am requesting a waiver in accordance with the Frederick County Subdivision Ordinance Chapter 144-5 to permit the proposed boundary line adjustment. I have also enclosed a petition which demonstrates that I have support from the adjoining property owners for my proposal. Please notify me if I need to provide any more information to you and when I may expect to have my request presented to the approving authorities. Sincerely, SCJ Z D. Merritt Susan Merri Enclosure Cc: Sid Reyes This letter is to let you know that Larry D. Merritt and Susan D. Merritt is in the process of making a property transaction of .5086 acres, directly behind the Merritt property from Charles E. Cochran Jr. and Mariam G. Cochran. Ry Signing thus letter you are in an agreement with this property transaction. G Z la ( Christopher E. Robare Date C ZI 0 C. Robare Date A'f ---- -- ----- ------------- Gerald . Ledbetter, Sr. Date tbert T. Shadley Date Michael S. Mu Date -Zil ------ F A. Shadle3 Date goo' So' o loo' _.__..� SCALE 1N FEET K H OCK/WAN D.B. 393 , P. 577 S 42 G 18152 /7p. s 142.66' C.E. COCHRAN, JR. TO GARRY COCHRAN 5 89 AC. s i p.s O M 143.33 N62 °2243 "w O Z Q Q Q W WoQ v � v N COCHRAN - TO N FR YE "i 3 LOT NO ,4t o PERR Y LOTS D B. 356, P. 294 o o� HE/YR Y cl? ye M LOT NO. 3 O Z ' NOTE: THIS TRACT IS TO BE ADDED TO AND BECOME A PART OF LO'r NO. 4 OF THE P S BEING LAND OF HENRY FRYE COr,M: D / 9 � 31f, PACE 294. PPR- 1r r t r /0 The above Tract of land, located just Nor4est of Road No. 6V at Round Hill, and situate in Gainesboro Magisterial District, Frederick County, Virginia; is bounded as follows: Beginning at (1) an iron peg set in the line of the land of Janice K. Hockman and a corner to Lot No. 4 of the Perry Lots; thence with Lot No. 4 and then with Lot No. 3 of the Perry s S 39 deg. 05 min. 21 sec. W to Q) nn ir(;n pep set- in 'I)" rrar Int I im, rf Tot 1T;,. I Ex�t�rr K� _ - rawrrawaa awa wrwa aaasaaaataaarwarsaaarrarwraaraaraaaa #1740 a MAURICE W. PERRY, ET UX a TO: COU1EY OF FREDERICg VAABTRAh1EN'L VA.+ .. wrarwaarrrwrraawaaabrawaraw►aawtrraaraawaaarr„aaarwws eoQK 355 ��:: 290 THIS INSTRUMENT, made and dated this 8th day o< August, 1969, by Maurice W. Perry and Katherine Perry, his wife, parties Of the first part, and the County of Frederick, Virginia, party of the second part. ' WHEREAS, Maurice W. Perry acquired the hereinafter I described realty by deed dated August 8, 1956, the same being recorded in the Clerks Office of the Circuit Court of Frederick ' County, Virginia, in Deed Book 242, Page 501; and, WHEREAS, it is the desire of the said Maurice W. Perry and Katherine Perry, his wife, the owners and proprietors of the aforesaid tract or parcel of land, to plat the same and divide the same into lots and dedicate the same pursuant to the ordinances -- of the County of Frederick, and Statutes of the State of Virginia. NOW, THEREFORE, that for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable considerations, receipt of all of which is hereby acknowledged, the parties of the first part do hereby with their free consent and in accordance with the aforesaid statutes and ordinances, hereby dedicate that certain tract or parcel of land aforesaid into four (4) lots as shown on the plat andPla n of Lee A. Ebert, C.L.S., dated July 1, 1969, together with the survey description attached thereto, a copy of both of which are attached hereto and made a part hereof, dedicating said lots fronting on the Northwest side of Virginia Secondary Route # 654 .. MASSIC.XuiM�ll in Gainesboro w�....`..r+", I District of Frederick County, Virginia, and do her u WK _45f; rar.; 2.9.1 request the necessary authorities of the said Frederick County to grant their consent and approval to said subdivision,which is designated Perry Lots Subdivision, and to grant their consent and approval upon the face of the plat attached hereto and to permit the recording of the same in the Clerk's Office of the Circuit Court of Frederick County, Virginia. It is further understood that the said lots shall be subject to the following restrictions which shall be deemed easements running with the land for the use and benefit of the proprietors and all subsequent land owners: (1) Lots in said subdivision shall be used only for single-family residential purposes. (2) No buildings shall be constructed upon any lot except dwellings and related buildings. All structures shall be constructed in accordance with the restrictions and regulations of the County of Frederick, Virginia. (3) The minimum ground floor space for a two-story dwelling shall be 800 square feet, and the minimum ground floor space for a single -story dwelling_ shall be 1200 square feet. (4) Dwelling houses shall cost not less than X15,000.00, based on the Bureau of Labor Costs of Living Index is of the date of this instrument, and shall be exclusive of lot :ost for single-family dwellings. (5) There shall be a set -back line on the front of I aid lots of 25 feet, and on the sides and rear of said lots of 0 feet in width, and no part of any such dwelling shall extend - 2 - across said setback line80 0r 350' i.* 292 , including porches, bay windows, garages, etc. (6) No fence more than 4 feet 6 inches in height shall be constructed on any of said lots. (7) All sewage disposal and water supply shall be by facilities approved by the Winchester -Frederick County Health Department or other governmental department having jurisdiction. (8) No livestock, or other animals, except household Pets may be kept or maintained on any lot. (9) No mobile home trailers, or other type of temporary dwellings may be constructed or maintained on any lot. (10) No lot shall be used for storage of trash, rubbish debris, motor vehicles incapable of being operated, and which shall be not economically practical to make operated, or other types of junk. All motor vehicles kept or stored on said lot must have current inspection stickers prescribed for and affixed to the same. WITNESS the following signatures and seals the first date hereinabove written. Q J Maurice W. Perry (SEAL) Katherine Perry (SEAL) TATE OF VIRGINIA OUNTY OF FREDERICK, To -wit: a Notary Public in j MM 6ocK 356 F+sE 293 and for the State and County aforesaid, do herby certify that Maurice W. Perry and Katherine Perry, his wife, whose names are aigned to the foregoing instrument bearing date the 8th day of August, 1969, have personally appeared before me in my State and County aforesaid, and acknowledged the same. i Given under my hand this qday of I&I k s 7- 1969. 1969. My commission expires MAS{I[ w fMAAA • YCN4 � \� 61NN / V Notary Puboic ............ - 4 - G R I p M ?pnr• •��7 PACE 294 L�KO 542 Im co 0 3 cfl O r;. 00 N42`� 49150,, ul _ \_ W 305.00, m ai O �L V Z �Oo Q 3 a J- (nml (D �Ig -) 2 S4 47 30 d Olin U w 0 310.I7 N J J O 0 03 W x O '°o N N42'48,3p W 5 0o u I O o; Q c' N n N 4 o 2 45' _ -3 eq W , 320 91, ON m SHEPyERO �� L A N p of PERRY LOTS RT. 654 - 2,80 AC: i CERTIFY THAT THE LAND GAINESBORO DIST. IN THIS SUBDIVIs1oN IS THE LAND CONVEYED TO FREDERICK CO., VA. MAURICE W. PERRY BY JPLY l 1969 — 1"=60' DEED DATED 6 AUGUST 1056 C. L. S. IN DED BOOK 42✓PAGE Sol. �f'P�'ns•rd 1r-//-49 i C.L.S. FREDERICK COU1 Y ill-IMN DEPARTMENT F LOTS AfPf,OVEO ON AN INDIVIDUAL BASIS ONLY SANITARIAN DIRECTOR 0,56%je 4 . 7 v 4 'pa t"* l � OK606Pc386 ta=s Dam gado Rod doted this 25th dry of Smember, 1986. by Rnd between CUM= S. � is. and KAMMI G. . his rife, portion Of the first pert, berdnafter called the Grantors, and MW K. M nod Amt L Jam, his rife, parties of the second part, hereinafter called the Y1l MI that for and to cooeid ration of the sea of Too ($10.00) dollars, aeeb in bend paid, sad other good and valuable ooaoideretim, the rec@W of which is berabp mckowledged, the Grostore do hereby grant and omuy in fes simple, with gel of title mato the Orontes, as tesastR by the ontirsty with cue Lr sight of amrrivoeship, the folladag real estate, to -rite all that certain tract or parcel of lamd lying and being situate NOrtbMGt of Virginia Secondary Road No. 864 at Round gill in Gainasboro KegiotGrial District, Frederick Canty. comtafaing .51 acres, and sore p'artl=larly described an plat of mamw dmm by 8iehird O. Goode, C.L.S., dated October 31. 1985, attached busto and by this rafWao" moda.a part hereof as if Got oat to !hili and being a portion of the some land conveyed to the Grantore beroia by deed dated the 106 day Of Kay, 1986. from Sadie a 1022w, of feoord is the Clark's Office of the Clre"t Court Of rrGdwick CONDO, Virginia in Deed look 693, at Pap M. the Orantese ,join in the escemuns of this flood to qMw tba4 the property berein cowmYW oball he ,joined with and became part of the Grmtmw other land which was scluirad in the aforesaid Clerk's Office in , Good Bak 356. at Pap 2%. oo this comreymme is sada muibjo to all easamsata. ridts of mw and festyictions of record affeatfog the Gmb,jwt property. v:. 0,56%je 4 . 7 v 4 'pa t"* l � OK606Pc386 ta=s Dam gado Rod doted this 25th dry of Smember, 1986. by Rnd between CUM= S. � is. and KAMMI G. . his rife, portion Of the first pert, berdnafter called the Grantors, and MW K. M nod Amt L Jam, his rife, parties of the second part, hereinafter called the Y1l MI that for and to cooeid ration of the sea of Too ($10.00) dollars, aeeb in bend paid, sad other good and valuable ooaoideretim, the rec@W of which is berabp mckowledged, the Grostore do hereby grant and omuy in fes simple, with gel of title mato the Orontes, as tesastR by the ontirsty with cue Lr sight of amrrivoeship, the folladag real estate, to -rite all that certain tract or parcel of lamd lying and being situate NOrtbMGt of Virginia Secondary Road No. 864 at Round gill in Gainasboro KegiotGrial District, Frederick Canty. comtafaing .51 acres, and sore p'artl=larly described an plat of mamw dmm by 8iehird O. Goode, C.L.S., dated October 31. 1985, attached busto and by this rafWao" moda.a part hereof as if Got oat to !hili and being a portion of the some land conveyed to the Grantore beroia by deed dated the 106 day Of Kay, 1986. from Sadie a 1022w, of feoord is the Clark's Office of the Clre"t Court Of rrGdwick CONDO, Virginia in Deed look 693, at Pap M. the Orantese ,join in the escemuns of this flood to qMw tba4 the property berein cowmYW oball he ,joined with and became part of the Grmtmw other land which was scluirad in the aforesaid Clerk's Office in , Good Bak 356. at Pap 2%. oo this comreymme is sada muibjo to all easamsata. ridts of mw and festyictions of record affeatfog the Gmb,jwt property. OX606rc387 The Grantors do hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and will grant such further assurances of title as any be requisite. MITXW :ha following signaturess and seal: 1-VQt4C, C . &e 1& -1 A- `(San) CHARLES Y. Comm. JR. TAmu CztL1an.r (SEAL) MARIAN G. COCHRAN "I. �� (SEAL) mmy M. FRMS RSVA 1K. nM STAB or VIDGIHIA. of ��imrhLOT[A� , m -m' I. �� /S. a Rotary Public in and for tb, State and jurisdictiem aforesaid. do hereby cm ifyr that CHARLES E. COCHRAN. J!. and MAM M G. COCHRAN. his wife. wlpas mew an signed to the foregoing Dead dated the Stith der of November. 1985, have personally appeared bsfm s and ackommladgad the same in my �State and Jurisdiction afommM Given undmr my hand this CQ-) ,, ,day1of November. 1985. My Commission amiras tXIV .1999 NOTARY P(%= ;c%a K STAU of VIRGINIA. z BK606PG388 I, - 1 Ullit M ) n' / LLUM -A Notary Public in and for the State and jurisdiction aforesaid. do hereby certify that RBNRT M. FRU ,and RcVA K- MR. bia wife. wbose mass are sired to the foretoint Deed dated the 26th day of Noce -b-, 1985, have psroonally appeared before and aeimowledted the sss+s is my State and Jurisdictica aforesaid. Given radar ty hand this OI7' day of November, 1886. My Commission oTirsa A2tcw) R. &to— :..i',• NOTARY PUBLIC s • r 'IT "b too' so * 0 /00, scAix /tv rEir 6K6 0 6FG3 8 9 clAIVICE K HACKMAN D. B. 393, P 577 4 S42018'520E Ij 142.66' COCHRAN- *A 70 el b4 JCR rF ft PERRY j-0-rS J56R 294 HENRY , Aqwm- -2 a � a CE. COCHRAN, JR.01 0-51 AC. TO CARRY COCHRAN 143.3340T No. j 2 C, 0224AX '43 W Q MO- -4 WUM: THIS U= IS M BE ADDED TO AND A PART OF LOT NO. 4 OF TH9 .41 PEW—= BEIM I= OF RM O ks 04 PAGM2 The above Tract of laid, located just Northwest of Road No. 654 at Round Hill, and situate in Gazmsboro ftisterial District, Frederick Camty, Virginia; is bounded as follows: Begimingt (1) an iron peg set in the line of the land of Janice K. iioclaasn an: acorner to Lot No. 4 of the Perry Into; thence with tot No. 4 and then with Lot No. 3 of the Perq lots S 39 deg. 05 cin. 21 am. V 143.21 feet to (2) As iron peg set in the rear lot line of lot No. 3 of the Perry late; thence with two new division lines through the land of C. Z. Cochran, Jr. M 52 deg. 22 siin. 43 am. V 143.33 feet to (3) an iron peg set; theme N 39 so ain. 57 sec. 1 168.22 feet to (4) an d@1 the land of Janice L Hocicomn; thence with the in the line a I'M= :fJ= L "=an S 42 deg. IS win. U sec. Z - 142.66 feet to the Point of begimint. containing 0.51 Acres, mre,or low. N=U. COODE, �1tkLTJi Dry tMD SUR%%-= - BERMIUS V11GINIA XIMER 31, 1M ML 4 SURM MD. %54/k 4,4GUIA BLE=CX rjsjjry.' ji.,,. This W*LwAnt Vas produced IQ us ad &V oil= end with WWRAILIUMLW of !bereft -- ad mimmifted In ftooLL Tm,-Powdby Sen. S&A. I of &a 58-54 bave been p" if amdwjxs• is of way erty. he right ve quiet rom all er (SEAL) (SEAL) (SEAL) alic n and :ertify Ding Deed, appeared oer, 1990. blic in and bertify �,1oa+s712J1 L _�55-11�iBK 09-07-90 '•I�{ THIS DEFT) made and dated this 7th day of September, U 1990, by and betwoen REVA K. FRY),, widow, party of the first par', „ore:....._ r Jaiit.i `ha Grantor, and CHARLES E. C�x(F,jl, NR. and Y.ARIAM G. C9CHKAP, his wife, parties, of the second .1 vart, h?r—Inafter called the Gran,tecs. WITNESSETH: That for and in consideration of the sum of Ter, ($10.00) Dollars, cash in h.%nd paid, and other good and I� valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivnrship, all of that certain lot or parcel of land, together with the iaprove_ents thereon and the appurtenances thereunto belonging, lying and being situate on the Northwest side of Virginia Secondary route 65:, at Round Hill, in Gainesboro Magisterial District, Frederick County, Virginia, containing 0.508 Acre, and more particularly described on plat of survey drawn by L. Allen Ebert, L.S., dated August 30, 1990, attached hereto and by this re_erence made a part hereof as if set out in full; and being the same land conveyed to Henry M. Frye and Reva K. Frye, his wife, as. tenants by the entirety with right of survivorship, by deed dated November 25, 1985, from Charles E. Cochran., Jr., at ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Hook 606 at Page 38E; the said Henry M. Frye died on the 16th day of May, 1989, survived by the Grantor herein. Reference is made to the aforesaid plat and deed for a more particular description of the property he`ein conveyed. The Grantees join in the execution of this deed to agree that the property herein conveyed shall be joined with and become part of the Grantees other land, which was acquired by Grantees by deed dated May 10, 1985, of record in the - o i N j � a bd .. -v C a, C% m I, N 9 O � N y I}j 'v a 3 ti - V it 'I II I� par', „ore:....._ r Jaiit.i `ha Grantor, and CHARLES E. C�x(F,jl, NR. and Y.ARIAM G. C9CHKAP, his wife, parties, of the second .1 vart, h?r—Inafter called the Gran,tecs. WITNESSETH: That for and in consideration of the sum of Ter, ($10.00) Dollars, cash in h.%nd paid, and other good and I� valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivnrship, all of that certain lot or parcel of land, together with the iaprove_ents thereon and the appurtenances thereunto belonging, lying and being situate on the Northwest side of Virginia Secondary route 65:, at Round Hill, in Gainesboro Magisterial District, Frederick County, Virginia, containing 0.508 Acre, and more particularly described on plat of survey drawn by L. Allen Ebert, L.S., dated August 30, 1990, attached hereto and by this re_erence made a part hereof as if set out in full; and being the same land conveyed to Henry M. Frye and Reva K. Frye, his wife, as. tenants by the entirety with right of survivorship, by deed dated November 25, 1985, from Charles E. Cochran., Jr., at ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Hook 606 at Page 38E; the said Henry M. Frye died on the 16th day of May, 1989, survived by the Grantor herein. Reference is made to the aforesaid plat and deed for a more particular description of the property he`ein conveyed. The Grantees join in the execution of this deed to agree that the property herein conveyed shall be joined with and become part of the Grantees other land, which was acquired by Grantees by deed dated May 10, 1985, of record in the names tid. 1990. aforesaid Clerk's Office in Coed Book 593 at Page 590. This c0nveya11c0 is "do subject to all rights of way and reatrictions Of record affecting the subject property. Tho Grantor hereby r_ovellants that she has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and she will grant such further assurancea of title as may be requisite. WITNESS the following signatures and seals: n,K/2 < c 1 ( SEAL) REVA K. FRYE (:1 ;r_G•- i �', `1�5= n ,�r�---(SEAL) CHARLES E. COCH , JR. t n.ti1 (SEAL) MARIAN G. COCHRAN STATE OF VIRGINIA, CITY OF WINCHESTER, TO -WIT: +_.. y F. McLaughlin , a Notary Public — and for the State and jurisdiction aforesaid, do hereby certify that REVA K. FRYE, whose name is signed to the foregoing Deed, dated the 7th day of September, 1990, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 7th day of September, 1990. My commission expi s se temiez 30, 1993 � �� • IOTAFtY UBL .f OF VIRGINIA, .-CITY OF WINCHESTER, TO -WIT: I, M. F. McLaughlin_, a Notary Public in and for the State and.jurisdiction aforesaid, do hereby certify 2 �I i I � DK(:�Ui i I that CHARLES E. COCHRAN, JR. .+rid MARfAM C. COCHRAN, whose names are signed to the foregoing Deed, dated the 7th day of it September, 1990, have personally appeared before me and i ii acknowledged the game in my State and jurisdiction aforesaid. i; Givcn under my hand this 7th day of September, 1990. My comni5sinn expires Se *:nnbber 39., 1993 NOTARY Pt" ;I i� n 1� II it E I E 3 FW4L PLAT i3 BOUNDAI?Y LlNC ADJUSTMENT NA(PE I OF 3 LAND OF HENRY M. d RE VA K. FRYE AND rHARLES E,; jR. d M,,ARIAM G. COCHRAN GAINESRORO DISTRICT FREDERICK COUNTY REF SECTION 52 rRZI C 7-5 4 d 65 ZONED RA 30 AUGUST 1990 If— IGEN t r r rj 1 OW E)m Cut IV rm we -40L Af R l I FO EST OWN LOCATION I" 1 2000' i 140" twi 1 Acefsw 1400 coil _�. CAsb& l Cog TW PLAT. i MTH M 1111111 Co1KNT u0 IN ACCOMAMel MTM 11E OESRE! LF DIE THS IS TO CERTIFY THAT THE LANG N THS BOUNDARY LINE ADJUSTMENT IS ALL of THE LAND CONVEYED TO FENRY M. FIM AND REVA K. FRYE BY DEED DATED 23 NOVEMBER 1985 N DEED BOOK 606, PAGE 385. 18, ARTICLE 3, SECTION 2.2 - o L ALLEN EB T MOFESSIONAL LAND SURVEYOR � 35 W. WSCA*M ST. 1498 W"SMW, VA 220-4740 703 667 3233 jjb svrl�� 0—IRON PW (FOUND) �a 0 PAGE 2 Of 3 22,146 SQ. FT. 0.505 ACRE M Z04" RA Z [J N 32. 22' 43- W - 14333• W5. 606 - P_ 386 } 590 u- A JR CHARLES E COCHiAN, . m l a HARM A. COCHRAN 0 0 = TRACT NO. a m o � 4 a m40 x� O � M Vl N 32. 22' 43- W - 14333• W5. 606 - P_ 386 c m 590 u- A JR CHARLES E COCHiAN, . m l a HARM A. COCHRAN Oil. 593 - P. 390 = TRACT NO. a m 5200OA000000000000650 4 a Zot" RA � L MEN E9 •LWIMN•.SM Na 14908 Kt4h'O wlialwo THE 0.308 ACRE TRACT 13 TO BE JOKED WITH AND BECOME A PART OF THE REMAKING PORTION OF THE LAND CONVEYED TO CHARLES E COCHRAN, JR. AND MMm 0, COCRAN BY DEEP DATED 10 MAY Ism KI DEED BOOK 393, PAOE 390. i, � r IT "D" BK 7SL'��')U'i64 THIS DEED, made and dated the � day of September, 1990, I' is by and between REVA K. FRYF, WIDOW, hereinafter call he Grantor; and LARRY D. MF.RRT,rT AND SUSAN D. MFRRTTT, husband and 1wife, hereinafter called the Grantees. WIT'JF.SSETH: that for in consideration of the sum of Ten Dollars (10.00) and other valuable consideration. the receipt of fall of which is hereby acknowledged, the GrantDr does hereby grant and convey with General Warranty of Title and English !Covenants of Title unto the Grantees, in fee simple, as tenants by the entirety with the right of survivorship between them as in i Fommon law: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing 0.68 Acre, lying and being situate on the Northwest side of Virginia Secondary Route 654 in Gainesboro Magisterial District, Frederick County, Virginia and being designated as Lot No. 4 on the Plat of Perry Lots Subdivision, prepared by Lee A. Ebert, C.L.S., dated July 1, 1969, and recorded with the Deed of Dedication dated August 8, 1969, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 356, at Page 290, and being the same property conveyed to Henry M. Frye and Reva K. Frye, husband and wife, as tenants by the entirety with survivorship ! between them by Deed dated March 22, 1976, of record in the aforesaid Clerk's Office in Deed Book 456, at Page 126, e said Henry M. Fryehas since deceased and the fee simple title to said realty passed to Reva K. Frye by virtue of the survivorship provision in said Deed. This conveyance ismade subject to restrictions, easements �nd rights of way of record affecting said realty. 4 5K7'' 65 Witness the Following Signature and Seal: (SEAL) REVA K.`FFYE„ WIDOW STATE OF VIRGINIA: j City of Winchester, to -wit: I� I I, the undersigned, a Notary Public in and for the City and JJ t (State aforesaid., do hereby certify that REVA K. FRYE. WIDOW whose i name is signed above, acknowledged the same before me in the City and State aforesaid. - GIVEN under my hand and seal this day of September, !1990. ! i ,My Commission Expires: * OltwN t E-qku illy 15,19!1 I Not y Public.. ............. ur, :,• :i yL ;l 7 v`�+•�4 VIRGINIA: i REnERICK COUNTY. SCT. i This instrument of writing was produced In me on the :Z7LA day of 29�r � 3t and with certil-cm of a n •Aa�� was admiitcd io recard. Tax impes;i : ; _ : r�.d.l & s f/D •oa _ and SS -54 have been CLERK • Waiver Request Location Mal) For: Larry & Susan Merritt PIN: 52-3-4 Office of Mapping and GIS, 07/01, A2ray I ITE Hill Round WOUDCHUC Hill HEIGtIi Nbad Pk VICINITY MAP SCALE:1 ' =2,000' APPROVALS SURVEYOR'S CERTIFICATE I, Elliott Ritchie, Jr., o duly authorized land surveyor in theState of �* Virginia, do hereby certify that the land OWNER'S CERTIFICATE This division, as it appears on this plat is with embraced in this subdivision is all of the land that was acquired by Larry D. Merritt and free consent and in accordance with the desires and wishes of the undersigned owner's, 4 Susan D. Merritt by a deed dated September 1, 1990 and recorded in the Office of the Clerk the proprietors, and trustees, if any. of Circuit Court of Frederick County, Virginia in Deed Book 750, Page 464 and �21�� •a - and all of that portion of land acquired by Charles E. Cochran, Jr. Charles E. Cochran, Jr. Date L E manue and Mariam G. Cochran, his wife, by a deed dated September 7, 1990 Ile �a�,d and recorded in the aforementioned Clerk's Office in Deed Book 750, ��• i l�yt� r` ( i fr'�' Marl m G. Cochran to Page 450 and UN all of that some land acquired by Charles E. Cochran, Jr. and Mariam.l _L G., Cochran, his wife, by a deed dated May 10, 1985 and recorded b Lar erritt p to in the aforementioned Clerk's Office in Deed Book 593, Page 590. ^ �Q 1(z Susan D. Merritt Date Elliott Ritchie, Jr. C.LL..'. Res. # 1318•� NOTey BV E i Notary Public in and for the Ty State of at large, do certify that U whose names are signed to the foregoing Owner's Certificate, have acknowledge the same before me Elliott Ritchie, Jr. Y in my state. lf Given) nder ,my1 hon this D4Y, of` ��z c' 2001. ��'� LICENSE No. 1318 Notary Public � F t G�318 4MY SUR �0 Cbnailssion Expires July 31, 20(11 My Commission Expires Frederick County Subdivision Administrator Date INZJMll MAF' SCALE: 1"=250' FINAL PLAT BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF CHARLES E. COCHRAN, JR. MARIAM G. COCHRAN AND LARRY D. MERRITT SUSAN D. MERRITT GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 100' JUNE 6, 2001 PAINTER—LEWIS, P.L.C. 302 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 54n—RR7—r,7a7 cuFc-r OF LINE TABLE LINE DIRECTION DISTANCE L1 S40'41'55'E 28.91' L2 S13'48'40'W 87.43' L3 S14'21'47"E 45.83' L4 S30'51'28"E 75.00' L5 S19'24'33"E 180.49' AO '-0o A.,�� < sT9T O• el9qj Ap 'P o ss4 if Robert T. Shadleyy Margaret A. Shadley D.B.675, P. PIN=52—A-65A Zoned:RA Use:Residential POOR HOUSE ROAD STATE ROUTE 654 30'RW NOTES 1. No Title Report Furnished. 2. 0.5086 Acres of the land of Charles E. Cochran, Jr. and Mariam G. Cochran (leaving a remaining Parcel of 2.5667 Acres) is to be added to the land of Larry D. Merritt and Susan D. Merritt, (known as Lot 4, Perry Lots) creating a new lot designated on this plat as Lot 4A, Perry Lots, containing 1.1909 Acres. 3. The property shown on this plat is located in Zone "C", as shown on F.E.M.A. Flood Insurance Rate Map, Community— Panel Number 510063 0115 B, effective date of July 17, 1978. 4. The information shown on this plat was derived from an actual field survey. o�� pLTH �jA Elliott Ritchie, Jr. 9 LICENSE No. 131$ FINAL PLAT BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF CHARLES E. COCHRAN, JR. MARIAM G. COCHRAN AND LARRY D. MERRITT SUSAN D. MERRITT GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' JUNE 6, 2001 PAINTER—LEWIS, P.L.C. 302 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 540-662-5792 SHEET 1 OF 1 • �7 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Director e Aj RE: MS (Medical Support) District Discussion DATE: July 10, 2001 On May 16, 2001 and June 6, 2001, staff presented a working draft of the new MS (Medical Support) District to the Planning Commission for discussion. The Development Review and Regulations Subcommittee (DRRS) has been working on the development of this new zoning district since March 2001. Due to the scope and scale of this task, the DRRS felt that it was important to have an ongoing discussion at the commission level to ensure that the subcommittee is proceeding in the appropriate direction. The Planning Commission provided staff with a great amount of positive feedback regarding the proposed land uses and design standards for this district during the May 16, 2001 meeting. The essence of this discussion is identified below and the current status of each item is as follows: Land Use Issues • Compare the land uses in the B-1 (Neighborhood Business) District with those in the MS District to determine if there are additional compatible land uses that could be added to the new district. (DISCUSSED 6/6/01) • Concern was expressed with the allowance of gasoline filling stations in that a Sheetz-type store may not be conducive to this district. (DISCUSSED 6/6101) Design Standards • A VDOT Urban Design Standard for the street systems should be utilized for state - maintained streets and private streets. (DISCUSSED 6/6/01) 107 North tient Street • NVinchester, Virginia 22601-5000 MS District Memo Page -2- July 10, 2001 Design Standards (Continued) • Subdivision of land along private streets would not be a concern based on the street standard. A waiver provision could be applied for at the master plan stage with administrative approval of plats. (DISCUSSED 6/6/01) • Corridor appearance should be the focus along arterial and major collector roads. • An increase in FAR and overall residential gross densities should be allowed in this district. • Greater setbacks should be required between residential land uses, support service uses, and medical uses. • Additional height allowances should be given for medical uses, office buildings, and hotels to make up for the greater setback requirements. • Performance standards need to be established to include signs, lighting, building design for support services, separation of vehicle travel areas for passenger cars and trucks, loading space aspect, and scale of permitted manufacturing uses. • Open space needs to be a design element of the overall master plan. • Increased setbacks from adjoining parcels that are agricultural or residential need to be provided. • Ambulance air service needs to be located so as not to be obtrusive to adjoining parcels. Please find attached a proposed draft of the MS District which accounts for the issues discussed by the Planning Commission during the past two meetings. The proposed draft was reviewed by the DRRS on June 28, 2001. The DRRS felt that the proposed draft MS District was appropriate and forwarded it out of committee for consideration by the Planning Commission and the Board of Supervisors. Staff will provide the commission with a copy of the associated definitions for this new zoning district during the July 18, 2001 meeting. WE—Wedical Support District\MSDistrictTextDiscussion_7-I8-01 PCAgendaMev wpd ARTICLE XVI -I MS (Medical Support) District [Added _ - _ - 20011 (Last revised July 18, 2001) § 165-120.1. Intent. The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools ofinedicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-120.2. Permitted Uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVII of this Chapter. B. Structures are to be erected of land used for one or more of the identified uses. The permitted uses are identifiedby Sndard Industrial Classification. All uses described by Standard Industrial C'lawification are allowed only if the Major Group, Industry Group Number, or I Industry Number general group titles are used. Educational Support Services Colleges, Universities, Professional Schools, SIC 822 And Junior Colleges Libraries SIC 823 Nursing schools, practical SIC 8249 2. Research Support Services Research and Development Facilities for the Following Manufacturing Groups: Drugs SIC 283 Commercial Physical and Biological Research SIC 8731 Noncommercial Research Organizations SIC 8733 Testing Laboratories SIC 8734 -1- 3. Professional and Commercial Support Services Convenience Stores Retail Bakeries Coffee Stores, Health Food Stores, and Vitamin Stores Retail Uniform Stores Eating Places Drug Stores and Proprietary Stores Book Stores Stationary Stores Gift Shops, Greeting Card Shops, and Balloon Shops Florists News Dealers and News Stands Optical Goods Stores Orthopedic and Artificial Limb Stores Life Insurance Offices Accident and Health Insurance Offices Hospital and Medical Service Plans Offices Pension, Health and Welfare Funds Offices Insurance Agents, Brokers and Service Offices Operators of Nonresidential Buildings Real Estate Agents and Managers Offices Holding Offices Hotels and Motels Organizational Hotels and Lodging Houses Garment Pressing and Agents for Laundries And Drycleaners Linen Supplies Beauty Shops Barber Shops Photocopying and Duplicating Services Medical Equipment Rental and Leasing Data Entry, Data Processing, Data Verification, and Optical Scanning Data Service Hearing Aid Repair and Medical Equipment Repair, electrical Dental Instrument Repair, Laboratory Instrument Repair, Medical Equipment Repair, except electric, Microscope Repair, Optical Instrument Repair, Scientific Instrument -2- SIC 5411 SIC 546 SIC 5499 SIC 5699 SIC 5812 SIC 591 SIC 5942 SIC 5943 SIC 5947 SIC 5992 SIC 5994 SIC 5995 SIC 5999 SIC 6311 SIC 6321 SIC 6324 SIC 6371 SIC 6411 SIC 6512 SIC 6531 SIC 671 SIC 701 SIC 704 SIC 7212 SIC 7213 SIC 7231 SIC 7241 SIC 7334 SIC 7352 SIC 7374 SIC 7629 SIC 7699 Repair, except electric, and Surgical SIC 3559 Instrument Repair SIC 384 Physical Fitness Facilities SIC 7991 Membership Sports and Recreation Clubs SIC 7997 Offices and C mics of Doctors and Dentists SIC 801-804 Hospitals SIC 806 Medical Laboratories SIC 8071 Dental Laboratories SIC 8072 Miscellaneous Health and Allied Services SIC 809 Child Day Care Services SIC 8351 Public Buildings Including the Following: Social Services Offices (As Defined) Free Medical Clinics (As Defined) 4. Manufacturing and Wholesaling Support Services Pharmaceutical Machinery SIC 3559 Surgical, Medical, and Dental'Instruments SIC 384 and Supplies SIC 7021 Ophthalmic Goods SIC 385 Medical, Dental, and Hospital Equipment and Supplies SIC 5047 Ophthalmic Goods SIC 5048 Laboratory Equipment, except Medical and Dental SIC 5049 Drugs, Drug, Proprietaries, and Druggist Sundries SIC 512 a) All permitted manufacturing and wholesaling support services shall meet the flex -tech performance standards as identified in Section 165- 48.7(C) of this Chapter. b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. 5. Related Residential Uses Operators of Apartment Buildings SIC 6513 Operators of Dwellings other than Apartment Buildings SIC 6514 Dormitories, commercially operated SIC 7021 Nursing and Personal Care Facilities SIC 805 Residential Care Facilities SIC 836 Dormitories, allied health personnel (As Defined) -3- Halfway House (As Defined) Adult Treatment Home (As Defined) Drug Treatment Home (As Defined) Family Care Home (As Defined) Group Home (As Defined) Protected Population Home (As Defined) 6. Other Related Uses Ambulance Service, road and Vanpool Operation SIC 4119 Ambulance Service, air SIC 4522 Automobile Parking SIC 7521 Churches SIC 8661 Fire Protection SIC 9224 Convention Center (As Defined) Fleet or Ambulance Maintenance Facility (As Defined) Medical Warehousing and Storage (As Defined) On-site Freestanding Utility System Substations (As Defined) Telecommunication Towers and Facilities (As Defined) § 165-120.3. District Area, Floor To Area Rats and Residential Gross Densities A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of twenty (20) acres. These parcels shall be required to receive approval of a master development plan which -meets all applicable requirements of Article XVII of this Chapter. B. Parcels that are less than twenty (20) acres in size that are contiguous to a master planned MS (Medical Support) District development, including those parcels that are directly across public right-of-ways to a master planned MS (Medical Support) District development, may be rezoned to the MS District. The Planning Commission may waive the requirement for a master development plan on any contiguous parcel that is less than five (5) acres in size. C. The applicant may obtain approval for the ability to subdivide parcels of land which front on private street systems constructed to Urban Collector Street and Urban Local Street standards during the consideration of the master development plan. D. Hospitals, office buildings, convention centers, and all land use permitted under Section 165-120.2(B)(1) Educational Support Services shall be allowed to develop a maximum floor -to -area ratio (FAR) of two (2). The maximum FAR shall be based -4- on the total site area for a master planned MS (Medical Support) District that is to be developed as one parcel, or for the total site area of individual parcels that are subdivided for development purposes. E. All permitted land uses other than those described in Section 165-120.3(D) providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one (1). The maximum FAR shall be determined as described in Section 165-120.3(D). F. The overall gross densities for permitted land uses identified in Section 165- 120.2(B)5 shall be calculated as described under this subsection: 1. Detached and semi-detached residential structures having individual access may -have a minimum lot size of three thousand 3000 square feet per dwelling unit. 2. All other related residential land uses shall provide a minimum of one thousand (1000) square feet of lot area per bed. § 165-120.4. Access Regulations A. All land uses permitted in this Article shall be served by street systems that are constructed to meet or exceed the geometric design standards for Urban Collector Streets and Urban Local Streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on Urban Collector Streets shall have a minimum spacing requirement of 150 feet between entrances. D_ Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 100 feet from street intersections to provide for adequate vehicle stacking. E. Driveways serving individual related residential land uses shall only be permitted along Urban Local Streets. -5- F. All permitted land uses shall be designed to provide for internal traffic circulation and inter parcels connectors to adjoining land uses to provide for access between uses without entering onto Urban Collector Streets. § 165-120.5. Structural and Parking Lot Setback Regulations A. All permitted educational, research, professional, commercial, and other related support services shall have a minimum front yard setback of fifty (50) feet from any Urban Collector Street and a minimum front yard setback ofthirty-five (3 5) feet from any Urban Local Street. B. All permitted related residential uses shall have a minimum front yard setback of thirty-five (35) feet from any Urban Local Street. C. All permitted support services are related residential land uses are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to be placed on a side or rear property line shall obtain a maintenance easement from the adjoining parcel that is a minimum of ten (10) feet in width. D. Parking lots shall be setback a minimum of twenty (20) feet from Urban Collector Streets and Urban Local Streets to.provide for safe ingress and egress into developed parcels. E. Parking lots located between the Urban Street and the building front shall be developed to inclttde ari eartliberm or natural topography that is a minimum of three (3) feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two (2) feet in height at the time of planting shall be provided along the apex of the berm at a rate of twenty-five (25) plantings per one hundred (100) linear feet.. This element shall begin at the street right-of-way and end at the beginning of the parking lot. F. Parcels which are designed to have parking lots located behind the building shall have a reduced front yard setback of twenty-five (25) feet from any Urban Collector Street and fifteen (15) feet from any Urban Local Street. § 165-120.6. Height Regulations A. The maximum structural height for hospitals, office buildings, and all land use permitted under Section 165-120.2(B)(1) Educational Support Services shall be ninety (90) feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, and automobile parking structures shall be seventy (70) feet. C_ The maximum structural height for all other land uses permitted in this Article shall be thirty-five (35) feet. D. Structural setbacks for all land uses permitted under Section 165-120.6(A) and 165- 120.6(B) shall be increased one (1) foot for every foot that the structure exceeds thirty-five (35) feet in height. The increased structural setback shall be measured as follows: 1. From the minimum front yard setback established along Urban Collector Streets and Urban Local Streets for a master planned MS (Medical Support) District that is to be developed as one parcel, or from the minimum front, side, and rear yards of individual parcels that are subdivided for development purposes. 2. From any required buffer area for a master planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. 3. From the minimum building separation distance established between residential and nox 4esideniial land uses. E. A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined by the Fire Marshal to ensure appropriate emergency access for all land uses: permitted under Section 165-120.6(A) and 165-120.6(B). These identified areas shall'begin at a distance of twenty-five (25) feet from the structure and shall have a minimum width of twenty (20) feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-120.7. Open Space, Landscaped Area, and Buffer and Screening Regulations A. The minimum open space percentage for the MS (Medical Support) District shall include: Twenty percent (20%) of the overall gross acreage of a master planned MS (Medical Support) District that is to be developed as one parcel. -7- 2. Twenty-five percent (25%) of the total site area of individual parcels that are subdivided for support services and thirty (30%) of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under Section 165-27(E)(11) Parking Lot Landscaping, and 165-37 Buffers and Screening of this Chapter. Minimum standards for required vegetative elements include two-inch (2") caliper trees and three (3) foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: Master development planned area that is to be developed as one parcel. a. A fifty (50) foot perimeter buffer from all adjoining parcels. The first twenty-five (25) feet of this buffer area, measured from the adjoining property line shall provide vegetative plantings including a single row of evergreen trees on eight (8) foot centers that are a minimum of five (5) feet at the gime of planting, and a single row of deciduous trees spaced thirty (30) feet apart that have a minimum two-inch (2") caliper at the time of planting. An earth berm that is four (4) feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residenfial. Parking and maneuvering areas may be established within_ the subsequent twenty-five (25) feet of buffer area, provided t;t all requirements of Section 165-27(E)(11) Parking Lot Landscaping are met. b. A fifty (5 0) foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in Section 165- 120.7(C)(1)(a) of this Article. C. An internal residential separation buffer between detached, semi- detached, and all other related residential land uses containing a twenty-five (25) foot buffer with a single row of evergreen trees on eight (8) foot centers that area a minimum of five (5) feet at the time of planting. in 2. Master development planned area that is to be developed as individual parcels. a. Buffer and screening requirements between all land uses which are not contained within the same categories identified in Section 165- 120.2(B) of this Article. b. All land uses required to provide buffers and screening shall meet the requirements of a'B" CategoryBuffer as described in Section 165-37 of this Chapter; as well as all other applicable provisions of this section. 3. All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: a. A fifty (50) foot buffer adjacent to a parcel whose primary use is agriculture. A twenty (20) foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees ori:6 ght (8) foot centers that are a minimum of five (5) feet at the time of,planting and an earth berm that is three (3) feet in height and. ;constructed on a 3:1 slope. Parking and maneuvering areas may; be established within the subsequent thirty (30) feet of lider areaprovided that all requirements of Section 165- 27(E)(11) Parkirig Lot Landscaping are met. b. A one hundred (100) foot buffer adjacent to a parcel whose primary use is orchard. A forty (40) foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on eight (8) foot centers that are a minimum of five (5) feet at the time of planting and an earth berm that is six (6) feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the subsequent sixty (60) feet of buffer area, provided that all requirements of Section 165-27(E)(11) Parking Lot Landscaping are met. Proposed developments within the MS (Medical Support) District required to provide buffers and screening as determined by Section 165-120.7C(3)(a) and Section 165-120.7C(3)(b) may enter into a legal agreement with adjoining property owners to reduce or eliminate the buffer and screening elements. An agreement signed by all appropriate property owners and legally recorded shall be provided to the Department of Planning and Development and shall be maintained with the approved master development plan. The U Planning Commission shall approve the reduction or elimination of the buffer and screening elements as provided by the legal agreement during consideration of the original or revised master development plan. 4. A road efficiency buffer meeting the requirements Section 165-37(E) of this Chapter shall be provided for all related residential land uses permitted in Section 165-120.2(B)(5) of this Article. § 165-120.8. Sign Regulations A. Land uses within the MS (Medical Support) District shall be permitted to utilize business signs, directional signs, informational signs; building entrance signs, and wall -mounted signs to effectively communicate the location of and direction to support services and related residential' structures. B. All business signs shall be monument;style signs that are a maximum of twelve (12) feet in height. Business signs shall.not exceed 100 square feet in area. C. All wall -mounted signs shall 'be .permitted to encompass 20% of the wall area to which they are attached, provided that the total area of the wall -mounted sign does not exceed two -hundred (200) square feet. D. All business signs shall `be setback a minimum of ten (10) feet from all Urban Collector Streets and Urban Local Streets and shall have a minimum spacing requirement of one hundred (100) feet between business signs. E. Directional signs and informational signs shall be setback a minimum of five (5) feet from all Urban Collector Streets, Urban Local Streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed fifty (5 0) square feet in area, and informational signs shall not exceed twenty (20) square feet in area. Directional signs sand informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. -10-