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PC 04-19-95 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia APRIL 19, 1995 7:00 P.M. CALL TO ORDER TAB 1) Bimonthly Report ..................................... A 2) Committee Reports ..................................... B 3) Citizen Comments ..................................... C PUBLIC HEARING 4) Rezoning application #008-94 of James Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). The directions to this property are as follows: from Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This property is identified with PINS 64A -4-20A; 64A -4-10A; 64A -10-B and is located in the Shawnee District. (Mr. Tierney) ........................................ D MISCELLANEOUS 5) Informal Discussion Regarding Revisions to the Regency Lakes Estates Master Development Plan. (Mr. Wyatt) .........................................E 6) Discussion Regarding Proposed Guidelines For Commercial Construction in Historic Overlay Zones. (Mr. Lawrence) ....................................... F 7) Informal Discussion Regarding Interstate Area Overlay District. (Mr. Wyatt) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G 2 8) Draft of the 1995-1996 Work Program. (Mr. Watkins) ........................................ H 9) Other.............................................I M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Secretary SUBJECT: Bimonthly Report DATE: April 6, 1995 (1) Rezonin s Pending: dates are submittal dates James Carroll 10/07/94 Shaw RP to B2 Valley Mill Estates 11/10/94 Shaw RA to RP Wayne Ridgeway 04/05/95 Gain RA to B3 (2) Conditional Use Permits Pending• _(dates are submittal dates) Michael & Rebecca Sheffield 02/01/95 BcCk Barry & Shelia Myers 02/01/95 BcCk Raymond Bailey 03/10/95 Gain Roger L. Gardner 04/05/95 Gain Pet Industry Supplier (Produce Rodents) Bed & Breakfast Automotive Repair w/o body repair Public Garage w/o body repair (3) Conditional Use Permits Approved: dates are a royal dates NONE (4) Site Plans Pending: dates are submittal dates Wheatlands Wastewater Fac. 09/12/89 Opeq Trmt.facil Grace Brethren Church 06/08/90 Shaw Church Flex Tech 10/25/90 Ston Lgt. Industrial Lake Centre 05/15/91 Shaw Townhouses Lakeview Garden Apartments 01/05/95 Shaw Apartments Holiday Inn Express 02/16/95 Opeq Motel Virginia Square 02/08/95 Gain Burger King/Amoco Amoco Foam 03/10/95 Ston Storage area Exxon Service Station 03/20/95 Ston Service Station (5) Site Plans Approved: (dates are approval dates Westminster Canterbury 03/21/95 Gaines Duplex Housing Fort Collier Lease Bldg.#1 03/24/95 Ston Warehouse Addition 2 (6) Subdivisions Pending: (dates are submittal dates) Briarwood Est. 01/04/94 Ston (7) Subdivisions Pending Final Admin. Approval: (P/C or BOS approval dates Abrams Point, Phase I 06/13/90 Shaw Lake Centre 06/19/91 Shaw Fredericktowne Est., Sec 9 10/06/93 Opeq Harry Stimpson 10/26/94 Opeq Hampton Chase Section I 11/02/94 Ston (8) PMDP Pending: (dates are submittal dates) Fieldstone Heights 04/25/94 Ston Valley Mill Estates 03/16/95 Ston Coventry Courts (revised) 03/31/95 Shaw (9) FMDP Pending Administrative Approval: (dates are BOS approval dates Battlefield Partnership 04/08/92 BaCk James R. Wilkins III 04/14/93 Shaw Star Fort 09/14/94 Gain 10) Variances Pending: (dates are submittal dates) Timothy & Kevin Giroux 02/24/95 BaCk Ronald & Patricia Powers 03/17/95 Shaw 11) Variances Approved: (dates are approval dates) NONE 1E. PLANNING AND „DEVELOPMENT - ACTIVITY REPORT #78 (Mar. 16-31) 1. Transportation Evan Wyatt and Eric Lawrence attended a VDOT public hearing in Fairfax. The purpose of the meeting was to take public comment regarding the proposed update to the VDOT Subdivision Street Standards. Evan Wyatt and Harrington Smith attended the 1995 Commonwealth Transportation Board Preallocation Hearing for the Staunton District. The essence of the Frederick County presentation focused on the need to approve, locate, engineer, and obtain right-of-way for the proposed Route 37 Eastern By-pass. The presentation appeared to be successful, in that Secretary Martinez and other CTB members requested additional information from staff regarding this issue. Bob Watkins attended the WATS meeting. It was agreed that a public hearing should be held on the study. the LFPDC. Bob Watkins attended the meeting of the Transportation Technical Committee of 2. Historic Issues Bob Watkins discussed the battlefield efforts with a reporter from the Atlanta Constitution. Mark Lemaster gave the reporter a tour of various battlefield sites. Bob Watkins gave presentations to the Winchester Wheelman, the Stephens City Kiwanis, and the Winchester Exchange Club on the battlefield efforts. Bob Watkins attended a conference held by the Rappahannock Civil War Round Table and gave a presentation on the battlefield efforts. The theme of the meeting was battlefield preservation in the Shenandoah Valley. The Historic Resources Advisory Board has created guidelines for new commercial construction in the Historic Area Overlay districts. These guidelines have been forwarded to the Planning Commission with the HRAB's recommendation for approval. 3. Plan Reviews Approvals, and Site Inspections: Evan Wyatt reviewed a proposed site plan for improvements to the Signal Station complex on Northwestern Pike for the placement of a Pak's Frozen Custard operation. He also reviewed revisions to the proposed warehouse addition to Fort Collier Lease Building #1 in the Fort Collier Industrial Park. Evan Wyatt conducted two site inspections for the Lakeside Condominium project on Timberlake Terrace. Jean Moore and Evan Wyatt met with Brent Ebling of Boyer Landscaping to review site improvements to date. Boyer Landscaping will be filing an as -built site plan for these improvements as required by their conditional use permit. Eric Lawrence reviewed the master development plan for Valley Mill Estates. The master development plan calls for the development of 22 single family residential units. Eric also completed the review and approval of the Westminster -Canterbury site plan for three duplex buildings. Eric Lawrence reviewed the most recent master development plan submission for the Star Fort site. 4. Meetings Bob Watkins and Kris Tierney met with I. Fred Stine to discuss the potential for industrial development on a tract of land adjoining the east side of Interstate 81, just south of Route 11. The proposal would require a rezoning. Kris reviewed an impact statement prepared for the site and has mailed Mr. Stine his comments. Kris Tierney had the following meetings: Met with Steve Gyurisin of G.W. Clifford & Associates to discuss issues surrounding the master development plan for Valley Mill Estates. Met with Duane Brown of G.W. Clifford & Associates to review materials pertaining to the alignment of new Route 642. Kris will be preparing information for the Board to familiarize them with specifics concerning the location of the new alignment. Met with a realtor to discuss the potential for locating some apartment units in the Stephens City area, along the Route 277 corridor. Evan Wyatt had the following meetings: Met with Brenda Diehl to prepare mapping for the proposed update to the Southern Frederick Agricultural and Forestal District. Met with Keith Burr of Greenway to discuss revisions to several site plans. Had several meetings and discussions with Tom Rockwood to discuss issues associated with the proposed Interstate 81 Interchange Sign Overlay District. Had several discussions with Taz Schultz to discuss issues associated with the proposed Interstate 81 Interchange Sign Overlay District. Met with Maureen Salvador to discuss proposed improvements to Warrior Drive. Eric Lawrence had the following meetings: Met with a realtor to discuss potential locations for 20 or more single family residential rental units. The realtor was interested in areas of the county which had already been approved and subdivided for single family residences. Met with Steve Gyurisin from G.W. Clifford to discuss the Westminster - Canterbury site plan, the Star Fort master development plan, and the Valley Mill Estates master development plan. can Moore had the following meetings: Jean Moore, Wayne Miller, and John Trenary met with Mr. Mark Stivers, Attorney, who is representing Mark Anderson. The purpose of the meeting was to discuss possible solutions to the present violation of renting apartments above Aberdeen Kennels. Met with Dave Furstenau to discuss buffer requirements for the proposed addition to Red Apple Deli located on Fairfax Pike. Met with Steve Gyurisin to discuss final revisions to Holiday Inn Express site plan. Met with Mr. Larry Feaster to discuss setback requirements and a possible variance application for an addition onto his home. 5. GIS/Mapping Jean Moore continues to complete land use, zoning, natural features, and potential development maps of the Round Hill Community Center. The maps will aid the Comprehensive Plan and Programs Subcommittee in studying potential growth in the area. 6. Board of Zoning Appeals Jean Moore presented the following variance applications to the Board of Zoning Appeals: The BZA granted Patricia and Darroll Neeley's request for a variance to accommodate two room additions on an existing nonconforming house. The BZA tabled Timothy and Kevin Giroux's request for a variance to accommodate an existing deck that lies within two feet of the adjoining property line. 7. Professional Development Evan Wyatt and Clay Grant were invited to be guest speakers by the Radford University School of Arts and Sciences. The essence of their presentation focused on career opportunities in the fields of planning and geographic information systems. 8. Other Evan Wyatt ran the Frederick County Impact Model for a proposal to rezone 25 acres from RA to M-1 along Red Bud Road. This is a portion of the Stine tract which is directly across Interstate 81 from the Fort Collier Industrial Park. Evan Wyatt and Jean Moore are in the process of revising the site plan application package to reflect potential changes in the current process. P/C Review Date: 11/02/94: Tabled P/C Review Date: 12/07/94: Tabled P/C Review Date: 03/01/95: Tabled P/C Review Date: 04/05/95: Tabled P/C Review Date: 04/19/95 REZONING APPLICATION #008-94 JAMES CARROLL To Rezone 2.81 Acres From RP (Residential Performance) To B2 (Business General) LOCATION: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64A -4-20A, 64A -10-A, 64A -10-B PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance); present use: vacant ADJOINING PROPERTY ZONING & PRESENT USE: RP (Residential Performance), present use: residential and vacant PROPOSED USE: Business and Commercial REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached comments dated 09/28/94. Fire Marshal: Hydrants must all be on designated fire lane. (1) Will address specific fire department issues on site plan. (2) Applicant should address fire and rescue impacts based on County's computer model available from Planning Department staff. County Engineer: We have no comments at this time. However, we reserve the right to perform a detailed review at the time of a site plan submittal. County Attorney: No comment. PLANNING• Location: The property is located within the Urban Development Area, in close proximity to an interstate interchange. The future land use map within the recently completed report on Frederick County business corridors shows this area of Route 50 as being a business/office use. B-2 zoning would not be out of line with this categorization. Site Suitability: The parcel is relatively level with no steep slopes or other environmentally sensitive features as defined by the County's Zoning Ordinance. Sewer and water are available to the parcel. Potential Impacts: Impacts from the proposed rezoning would not differ greatly from those that would be expected from development under the current RP zoning of the property. The traffic generated under B-2 zoning would be expected to be greater than under RP, however, the difference as a percentage of existing traffic would not be significant. The applicant has proffered that there would be no entrance on Etnam Drive and there would be a total of no more than five entrances to the site. The applicant has not eliminated any of the uses allowed under B-2 zoning. The County's impact model forecasts a net fiscal gain to the County with the exception of a cost for the unfunded portion of fire and rescue services which is forecasted at $1947.25. This amount is contrary to the applicant's impact statement which forecasts the cost at $757.00. This difference appears to be in part a result of the applicant generating a per acre cost rather than a total for the entire 2.8 acres. The cost for fire and rescue services under the current RP (Residential Performance) zoning as forecasted by the model is $648.80, with the cost difference being $1298.45. The applicant has not proffered a contribution to cover this cost. Conclusion: The proposed zoning conforms to the proposed future land use map developed by the Comprehensive Plans and Programs Committee and proposed for adoption as a part of the County's Comprehensive Plan. The County's impact model, however, projects a cost to fire and rescue services which has not been offset by the application. STAFF RECOMMENDATION OF 11\02\94 PC MEETING: Denial, based on the cost impacts to Fire & Rescue of the proposed zoning. PLANNING COMMISSION ACTION SUMMARY OF 11/02/94: The applicant revised their proffer statement to include an increased emergency services payment to Fire & Rescue that matched the County's impact model. The applicant also presented a survey of the four lots proposed to clear up any discrepancy on which lots were involved in the rezoning. 15 residents of the Pembridge Heights Subdivision came forward to speak in opposition. The residents spoke about the heavy traffic in this area and felt the addition of a business at the entrance to their subdivision would only add to their traffic problems. They also felt that the existing access road to Route 50, Custer Avenue (Rt. 781), was inadequate. A petition was submitted containing 199 signatures of residents of the Pembridge Heights Subdivision who were in opposition to the rezoning. Mr. James H. Carroll, the property owner, said he had an informal discussion with the Planing Commission at the time Pembridge Heights was being developed, to ask if the Commission would grant him commercial zoning if he gave the developers a right-of-way through his property to Route 50. Mr. Carroll felt that the Commission's feeling were favorable towards rezoning at that time. The Commission felt that traffic was going to be a major consideration at this location and that the intersection at Route 50 and Custer Avenue (Rt. 681) was dangerous. It was noted that the applicant had offered no plans to modify the existing street network. Commissioners pointed out that residential traffic would have to pass through the proposed commercial area in order to get to the residential area. Some Commissioners felt they could support a B1 zoning or a B2 zoning, if intense uses were proffered out; other commissioners felt it was too late to put commercial zoning here, since most of the homes in Pembridge Heights had already been built and sold. PLANNING COMMISSION ACTION OF 11/02/94• Tabled for 30 days or until December 7, 1994 by unanimous vote. (Mr. Wilson was absent) PLANNING COMMISSION MTG. OF 12/07/94: Applicant requested tabling the application until the March 1, 1995 meeting. PLANNING COMMISSION MTG. OF 03/01/95: Applicant requested tabling the application until the April 5, 1995 meeting. PLANNING COMMISSION MTG. OF 04/05/95: Applicant requested tabling the application until the April 19 , 1995 meeting. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTiAT1ON P. O. BOX 278 RAY D. PETHTEL EDINBURG. 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER TELE(703)984-5600 FAX (703)984-5607 VDOT COMMENTS TO REQUEST FOR REZONING - JAMES CARROLL PROPERTY 09/28/94 No objections to the rezoning of this property from RP to B-2. Commercial development of this property along with further development of the Prince Frederick Business Park on the south side of Route 50 could have a significant impact on the adjacent Route 50/781 intersection. Intersection improvements and possible signalization may be required to accommodate additional traffic. The upgrading of Route 781 from Route 50 may also be necessary. Prior to development a complete set of site plans which detail entrance designs, drainage improvements and trip generation from the I. TE. Marntal, 4th Edition will be required for review. A storm water system will need to be provided to accommodate the existing drainage outfall ditch and easement which crosses the property. Any work performed on VDOT right-of-way must be covered under a land use permit. VDOT Signature and Date: Z. (f,d'�'`"��" xc: Mr. S. A. Melnikoff Mr. J. B. Diamond (FYI) TRANSPORTATION FOR THE 21 ST CENTURY 09/28/94 v G�cQ 110 CO as or y 4 11 a ]09{� � `tib 107 i°' "a'" � s Y � � �, �` , '� 113 O i Y • � <� y t n I a, O S '� O a� ,� io • � v b �� .+' w V G � • � 111 / y. ory 1,014 a o �`' '• r+ d 3 ' a°% a �q/R"i1 g �* nor a „ • � J �,, qt , pp� � 37 97 100 126-423 / %s ^ 4i UO 230-582 B 89A %o O • 4E � 4J f 1 pie . ��--��9r�4 -�. � f •, a • A NJ/ t ° 89 !i h� " �r; m SijIp . � A � `cG \ Crest r / Ori�A b Al / ico jb 88 86 84 / Au J 8) y y m � 6�f� % i • � I m 4 4 v V ♦ 1 I ILL ;r� r �� 6 I 45E610 10NI i Ccme `nOFee 600 900 7 45C maw ovation Map for PIN; 64A -4-20A 3mes Carroll Rezoning #008-94 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Zoning taff. Zoning Amendment Number 1 \-'� -9Date Received BOS Hearing Date - _ PC Hearing Date The following information shall be provided by the applicant. All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name:_ Janes if. Carrollcoo Stephen Gvurisin L- - cc(H - q - -2- N-1) Address: Silbert d. Clifford Associates, Inc. 200 ri. Cameron Street, Winchester, VA 22601 Telephone: 703—,:67-2112 Fax: 665-o493 2. Representative: Name: z3a:r,e As Above Telephone: 3. Owner: Name: James H, "arroll c/o Stephen ^;. :.4urisin Address: ,�ilbert W. Clifford & Assoc., Inc-, 200 N. Cameron Street Winchester, VA 22601 Telephone: (03-667-2139 12 The .Code of Virginia allows us to request full disclosure of ownership in relation to rezoninv applications. Please list below all owners or parties in interest of the land to be rezoned: James H. Carroll 4. Zoning Change: It is requested that the zoning of the property be changed from to B-2 5. Current Use of the Property: Vacant 6. Adjoining Property: PARCEL ID NUMBER USE ZONTNG 64-tion-ooco-01130 c,4 -A00-0000-00190 u4-404-0000-00200 t�4A-0010-0001-20A t 'acant Vacant Residential Residential RP RF h' RP 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): ripuroxi .ately .75 iles east -,f the City o - Winchester at i-81. N-rth of R uce 50 east ^n Route 781 at Peribri_;,.--e Road. 13 S. Parcel Identification: 14 Digit Tax Parcel Number. 64A 0004 0000 ZGA 9. Magisterial District: Shawnee 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 2.8132 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 2.8t32 Acres Rezoned from to B-2 Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: nuexl_y-Laves, Inc.Alrcwnell, In— Deed n.. Deed Book Number _308/381 Pages 62:-�/706 12. Proposed Use: It is proposed that the property will be put to the following uses. rosiness 6c Qc 7 �r�ia1 13. Checklist: Check the following items that have been included with this application. Location map Plat ;{ Deed to property X Statement verifying taxes paid X Agency Comments Fees Impact Analysis Statement Proffer Statement ;{ 14 14. Signature: I (we), the undersigned, do hereby respectfully matte application and petition the Frederic„ County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia_ I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby ccrtify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner: Date: v 4�0// 15 INFORMATION TO BE SUBMITTED FOR CAPITAL FACILITIES IMPACT MODEL In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 8 of the application package. The following information should be provided regardless of the type of rezoning: Fire Service District::rPPn�� + Rescue Service District: greenwood Total Proposed Non -Residential Lots/Buildings: 'l The following information should be provided with any residential rezoning: Elementary School District: Middle School District: High School District: Number of Single Family Dwellings Proposed Number of Townhouse Dwellings Proposed: Number of Multi -Family Dwellings Proposed: Number of Mobile Home Units Proposed: Ar.ri e 1 Freaericx C,.unty Ja::tes Wood _ NAA N/A N/A The following information should be provided with any commercial/industrial rezoning or with a residential/commercial (P.U.D.) rezoning: Gross Office Square Footage: Retail Square Footage: Restaurant Square Footage: Service Station Square Footage: Manufacturing Square Footage: Warehouse Square Footage: Hotel Rooms: 1D `There are..no specific uses or square foo tage ( maxi ,um or inimum ) planned at this time. A site 'evelopinent plan, in accord with all Zon=.n_r„1�+;..S Lill heGrp=arari at time of aeveloui:ient ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 -digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. Name Address and Property Identification 1 • Address: 3792 Melo: ? y Lane Hagerstown, ED &wary k. Miller, Et Al Property ID: _4000-A00-0000-01130 2. Address: R t . 6, box 203 Arnol.i. J. & jottie Bartley Winchester, VA 226,_1 Property ID: 6400-004-0;:.00--00200 3• Address: 355 South P.,to-;ac Street �Yinchester outdoor fiagerstown, Ii- 41010 Advert T Qg3M, Property 11):64000-A00-0000-00190 4. Address: 130 Stnai 'rive L�war� F.,Jr. & Kay L. Hunt Winchester, VA 2602 Property ID: 64A -0010-0001-20A 5. Address: 127 Etnair, ;give James L., III & ilizabeth D. 'r.inchester, VA 22602 Harman Property ID: 64A-& 10-0001-183 6. Address: 131 Itnam give P:ichael & Shanncn Watson Winchester, V1; 22602 Property ID: 64A-0010-0001-184 7. Address: 133 Etna ,rive JunS k:hul & Ja,aie Hong Shin Winchester, 7% 22602 Property ID: 64`,_0(10-0v01-1 8. Address: 104 e:.bri•ige '-rive Scott h . & Fa.ige ):. Clark d inchester, VA 22602 Property ID: 64A-0010-0001-001 9. Address: 100 e bridge Drive Stephen W. Rhinehardt Winchester, VA 22602 Property ID:64A_001c-0001-002 17 ACTION.- PLANNING COMMISSION BOARD OF SUPERVISORS II,! . /� ��Ti3.�iN AN ORDINANCE AMENDING THE ZONING DISTRICT MAP RTIERF.AS, Rezoning Application #008-94 of .lames T. Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General), and which is located at the intersection of CusterAvenue and Pembridge Road, designated with PINS 64A -4-20A, 64A -10-A, and 64A -10-B, in the Shawnee Magisterial District, and, *HOMS, the Planning Commission held a public hearing on this rezoning on April S, 1995; and, W LUZEAS, the Board of Supervisors held a public hearing on this ordinance adoption on = and, WBERF-4S, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE FT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, it amended to revise the Zoning District Map to change Z81 acres, designated by PINS 64A -4-20A, 64A -10-A, and 64A -10-B, from RP (Residential Performance) to B2 (Business General) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: ��0 PROFFER (Revised) %� 1N;;$ao1JA3Q �`rd oNim."'Vi ! iU '1d3'c CARROLL REZONING REQUII�T a3A113QU t"'n tr66 CASE NO. 008-94 �o _ + I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There shall be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. 3. The Owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. James H. Carroll Date It This ordinance shall be in effect upon its passage. Passed this Richard G. Dick Chairman day of , 1995. W. Harrington Smith, Jr. Charles W. Orndq f ; Sr. Jimmie K Ellington lames L. Longerbeam Robert M. Sager A Copy Attest John R. Riley, Jr. Frederick County Administrator FREDERICK COUNTY, VIRGINIA IMPACT ANALYSIS STATEMENT FOR REZONING REVIEW AND APPROVAL OF THE JAMES H. CARROLL PROPERTY Shawnee Magisterial District AUGUST 1, 1994 gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 ACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS L SUMMARY 3 IL INTRODUCTION 3 III. PLANNING ANALYSIS 4 • Site Suitability • Adjoining Properties • Zoning Review IV. TRAFFIC 5 V. SEWAGE 6 VI. WATER 6 VII. _ . DRAINAGE 7 VIII. SOLID WASTE 7 DG HISTORIC SITES g X. COMMUNITY FACILITIES g • Education • Emergency Services • Parks and Recreation • Other XI, ENVIRONMENT 9 XII. FISCAL 9 XIII. OTHER 9 APPENDIX 10 IMPACT ANALYSIS STATEMENT for James H. Carroll Property I. Summary . 'ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to evaluate the above referenced project in light of several major planning issues, as outlined and required by the Frederick County Board of Supervisors. This document is prepared in support of and in preparation to rezone the referenced property from present Residential Performance (RP) to General Business (B-2). The property is suited for General Business (B-2) zoning. There is a positive fiscal impact. Current zoning requirements allow for adequate measures to provide for buffers and screens that would mitigate -any negative impacts to the e surrounding neighborhood. Neighborhood traffic impacts have been minimized with proffers limiting entrances. II Introduction The 2.8132 acre property of James H. Carroll is located at the intersection of Route 781 and Pembridge Drive, just north of Route 50 and east, approximately .75 miles, of the City of Winchester corporate boundary at I-81. The property is currently vacant and is divided by Pembridge Drive creating two parcels. Both parcels are identified as tax parcel 64A -0004-0000-20A and are currently zoned Residential Performance (RP). General Business (B-2) zoning is planned for the property. The property is located in the Urban Development Area is part of an interchange business area and is part of a corridor area planned for future business. Preliminary site development planning indicates that this site can support most General Business (B-2) uses while providing adequate protection space for zoning buffer areas. 3 . -'ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 III. Planning Analysis Site Suitability - The property has no site specific development limiting factors. The property appears well suited for General Business (B-2) zoning use development based on site evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Soils - The soils are suitable for site development purposes. The USDA Soil Conservation Soil Survey for Frederick County identifies the soils of the property on map sheet 36 as Weikert- Berks channery silt loams. Prime Agricultural Soils.- The property does not contain any prime agricultural soils as identified by the Frederick County Comprehensive Plan. Slopes - There are no steep slopes on this property. The topography is ideally suited for General Business type development. Slopes generally range from 2% to 7% and elevations range from 659 to 678 feet above sea level. Wetlands - There are no wetlands on this property. The property is generally well drained and has no low lying wet areas that wetland vegetation that indicates the presence of a wetland area. Ponds and Lakes - There are no ponds or lakes on the property. Flood Plain - The property is not located within the 100 year HUD designated flood plain as identified in the Frederick County Comprehensive Plan and panel map number 510063- 00115B of the United States department of Housing and Urban Development Flood Boundary map. Ad -joining Properties - Development impact concerns are primarily north of the property where single family residential houses are located across Etnam and Pembridge Drives. The impacts of the General -Business (B-2) uses on the surrounding residential uses is greatly reduced through existing zoning distance, setback, buffer, landscaping and screening regulations. A 35' building setback is required, and; in addition, a 50' distance buffer is required with a full screen. A proffer is suggested that restricts entrances/driveways on Etnam Drive and limits the total number of access points to five. 4 n. ,-4CT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 The adjoining property to the north is single family residential detached urban houses part of Pembridge Heights subdivision, zoned Residential Performance (RP). To the east is vacant open land zoned Residential Performance (RP) and currently undeveloped. To the south is State Route 781, and to the west is a mix of older single family, detached residential houses and vacant lots. Zoning Review - The property is currently zoned Residential Performance (RP) allowing by right a variety of housing types. Approximately four to eighteen homes are permitted depending on the type of housing planned_ Front yard setbacks, buffers, screens and parking would be required under the RP zoning codes. Driveways for each house would be permitted throughout the property. Under the General Business (B-2) zoning regulations a variety of office and service uses are permitted. Approximately 12 to 15 % or about 18,000 square feet of the site may be used for business structures, the remainder of the property would be used for parking and required open areas such as buffers and storm management. The B-2 floor area to lot ratio is 1.0. The minimum landscaped area is 15% or about 18,000 square feet. The maximum height of any building is 35 feet. Required setbacks are 35 feet. The impacts of the General -Business (B-2) uses on the surrounding residential uses is greatly reduced through existing zoning distance, setback, buffer, landscaping and screening regulations. IV. Traffic Impacts Traffic impacts are negligible for this property. Impacts of vehicular access and turning movements on the residential area north of the property have been removed with the proffer that eliminates all vehicular entrances on Etnam Drive. . - - The estimated 16,500 square feet of retail floor space created by this property will result in approximately 210 trips per weekday of traffic. based on ITE Trip Generation figures. The subject project will not originate trips since trip generation is a function of residential use. By removing the approximate 3 acres of land from residential performance and considering 2.5 dwelling units per acre density for single family, which is the adjacent use, the increase is only 125 trips per day. 5 ACT ANAL PSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUG iST 1994 Most traffic would enter the site via Route 781 and Route 50 Thi site is ideally suited for access at the junction between Pembridge Drive, State Route 781 and U.S. Route 50. most of the traffic using the site will use U.S. Route 50 and VA Route 781. The increase on both these roads of 10 trips per hour is negligible. V. Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems with this property. The sewage from this property will connect with the regional interceptor system at Route 50 and be pumped to the Opequon Regional Facility. Flows generated from this complex are estimated by the State Health Department at 3300 (200gpd/1000SF) gallons per day with an instantaneous flow at peak of 6 gallons per minute. All sewage conveyance systems involved have full capability to handle this additional flow, as does the plant have the capability of treating and discharging this flow in satisfactory manor. It should be pointed out that by right, that 7 units of development available on this property under current zoning would produce 3,000 gallons per day of wastewater. VI. Water Supply Impacts There are no water supply or transmission problems for this property. This property would connect to the existing 8" water supply system located in Pembridge Heights. There are no known limitations in the water system which would preclude the use of the property as shown. The property will utilize the same amount of water as projected in sewage flow or 3300 gallons per day. Fire protections measures such as the installation of fire hydrants will be addressed at the site development planning stage. The installation of fire protection hydrants poses no problems. The installation of fire hydrants on the property will improve the fire protection means of the surrounding properties as well. 91 .PACT ANAL YSIS STATEMENT REZONING APPROVAL REQUEST JAMES 14. CARROLL PROPERTY AUGUST 1994 VII. Drainage Facility Impacts Proper storm water management planning will result in minimal or no site drainage impacts. The development of commercial in lieu of residential will increase run off in small amounts over that which would be created in residential use. It is recommended that either suitable green space be allowed to reduce run off amounts or that the increased run off would be reduced prior to discharge from the site. In lieu of the above, additional storm water detention calculations should be presented with final design which would show no adverse impacts created by the imposition of this increase storm water on the existing downstream water course. Drainage flows generally toward State Route 781 and Route 50, crossing under Route 50 to the south -side of the road. Predevelopment runoff rates will be maintained using recognized storm water management standards. VIII. Solid Waste Cost There are no solid waste collection and disposal impacts. Solid waste will be exported by contract hauler at no cost to the County. No additional solid waste facilities will be required to handle the waste from this property. Impacts to the County will be reduced with the planned B-2 rezoning. Under the current RP zoning and assuming 7 housing units on the property, the estimated cost of $1400.00 for solid waste disposal impacts is needed. The planned B-2 zoning change would result in a reduction of impacts since there would be no collection fees and since tipping fees are designed by the County to cover the expenses of solid waste disposal. 7 .. ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 LAG Historic Impacts This project will not involve the loss of any historic buildings, sites or artifacts that are known. The area has been significantly developed on all sides and no such findings of historic importance has been identified. There are no structures currently located on this property. A review of the National Register, the Virginia Landmarks Register and The Frederick County Comprehensive Plan indicates that there are no known historic structures or sites on this property. X. Community Facilities The property when zoned B-2 will generate tax revenues with a net worth of approximately $60.00 per square foot and a tax base of $990,000 which totals at a tax rate of $.60 approximately $594.00 per year of tax revenue. Education - This project will generate no school children and therefore have no effect on educational cost in Frederick County. Capitol cost impacts for school ( age children will be reduced since no school children will result with B-2 zoning. The current zoning of RP, with 7 units would produce about 7 school age children. Parks and Recreation - This project would result in no impact on Parks and Recreational facilities. Emergency Services Cost - There are no additional fire, rescue or sheriff facilities anticipated with the development of the property using B-2 type uses. Fire protection is available from the Greenwood Volunteer Fire Company. The planned B-2 rezoning will have all required site development standards required by the fire code, building code and zoning codes. There are no fire protection problems associated with this property. All hydrants and fire protection measures will be installed when the property is developed. Rescue services are provided by the Winchester Rescue Squad with future service from the Greenwood Volunteer Fire Company. a ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 Sheriff Department services protection will be required by this facility. Routine patrols of the Pembridge area should suffice for the majority of time and materials necessary to cover this facility. M. Environmental Impacts There will be certain minor negative impacts due to the construction activity including run off sediment, noise and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. A minor increase in run off quantity and a decrease in quality is probable from this development. The effects on the down -stream impoundment and stream are minimal and in ' accordance with local and state regulations. There is no known loss of irretrievable resources involved with this project. There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. A minor impact of a negative nature is associated with lighting for security and business use. These should be clos-ely controlled during planning stage to minimize the adverse impacts on adjacent residential structures and impacts on the traveling public. XII. Fiscal Impacts Fiscal impacts for the property are determined based upon the fiscal impact model prepared by the Frederick County Department of Planning and Development staff. The model assumes 16,500 square feet of retail floor space. The square footage assumption figure may change, but should have no significant influence on the model output. )all. Other This planned zoning change would create a positive fiscal impact as compared to the existing zoning. There are no known other impacts. Gilbert W. Clifford and Associates 200 N. Cameron Street Winchester, Virginia, 22601 703-667-2139 1- PROPERTY LOCATION MAP 2 BOUNDARY SURVEY PEA46RIOCE HEICH75 — PHASE l Cat 15J Parcel -9" Parte/ A� N/i JAMES TM ns 64A(4)a 1 8 t1ey () PCL 20A a Qn W� 10' Temporary Construction Easement / 1 �! 10 Permanent Water Easement VA. SEC. R TE. 781 N/F' Edward K. Mr71er NOTES: 1. No Title Report furnished. PLAT SHOWING 2. Boundary information was taken from public records and not field verified. 10 PERMANENT WATER EASEMENT and 10' TEMPORARY CONSTRUCTION EASEMENT through the land of JAMES H. CARROLL DB 622 ^- Pg 308 ��pLT H OF' L to be acquired by 1 FREDERICK COUNTY SANI TA TION AUTHOR/ TY Shawnee Mogisterial District S. W. •MARSH Frederick County, Virginia 0 CERTIFICATE NO. - DATE. August 1992 SCALE: 1"-100' 1843 Plat No. 9354—IX-1 gilbert w. Clifford & associates, inc. ENGINEERS LAND PLANNERS SURVEYORS �- 150—C Olde Greenwich Drive q�� SU1 �0 Fredericksburg. Virginia 22401 200 North Cameron Street (703) 898-2115 Winchester, Virginia 22601 (70.3) 667-2139 3. RE, jRDED SUBDIVISION PLAT S'/iAzvAn E aSrR/Cr Fi('EOEiC/C:'l COUNrY V/iCCi/N/A �S�rrGE /•-/Co. CCI-00CA- 4, /963 S�/F'f:/• •T O/� /1 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, LCesburr, Virninl. 22075 ' 70�-177-:7C:, ••1i;,C'J1; Inc�uuvr:. {'Lnut,�!••• '�ur;r,�\ t PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 �Y�'Z I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: - I. There shall be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. t 3. The Owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. James H. Carroll Date 55-50 a0 PEMBRIDGE HEIGHTS PHASE 1 MAU _ STREET t. --- Zmw i it g�; 3p95 pc. WI .1 O 2 I i © 3Q COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II RE: Informal Discussion Regarding Revisions to the Regency Lakes Estates Master Development Plan DATE: April 10, 1995 Representatives of Gilbert W. Clifford & Associates have requested an opportunity to conduct an informal discussion with the Planning Commission regarding the above referenced item. The purpose of this discussion is to present the proposed revisions to the Planning Commission and determine what issues are significant. Frederick County approved a master development plan for Regency Lakes Estates on July 8, 1986. This plan called for the development of 598 mobile home units on 151 acres and 72 single family detached dwelling units on 52 acres. The approved plan provided for an overall gross density of 3.96 mobile home units per acre and 1.38 single family detached dwelling units per acre. The approved master development plan also called for the creation of Regency Lakes Drive that would provide a loop connection throughout the development, the provision of recreational amenities, the establishment of buffer areas along the perimeter of this development and a proposed sixty foot right-of-way that would provide a connection with the property to the south. The Technical Review Committee met with representatives of Gilbert W. Clifford & Associates to consider a proposed site plan for the fourth phase of development in Regency Lakes Estates. The proposed site plan indicated that the Regency Lakes Drive loop road would be provided around the lake to shorten its length, the sixty foot right-of-way would be removed and a new collector roadway would be provided to the Caleb Heights property, and that revisions to the buffer areas would occur. As you know, site plans may only be approved if they are in conformance with the approved master development plan. Because of the proposed revisions to this project, staff determined that a revised master development plan would need to be approved as an initial step in this process. Staff will bring the revised master development plan to the Planning Commission for consideration as soon as the required information has been submitted. Staff will also ask for administrative approval authority of the site plan once final action has occurred for the master development plan. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Planning Commission Members FROM: Eric R. Lawrence, Planner I ,);{Z- �U RE: Informal Discussion Regarding Guidelines for New Commercial Construction in the Historic Area Overlay DATE: March 22, 1995 Attached is the draft Guidelines for New Commercial Construction in the Historic Area Overlay Zone as recommended by the Historic Resources Advisory Board at their meeting of March 21, it 995. in May of 1994, a proposal to rezone land adjacent to the historic Star Fort prompted the HRAB to evaluate the need for new commercial construction guidelines for historic areas. As a result of this initial proposal, the IIRAB has drafted guidelines which could ultimately preserve the integrity of historic areas throughout Frederick County. The draft guidelines are essentially that: guidelines. The language used is designed to assist the new commercial construction designer in understanding the goals for historic areas. Terminology that is exercised merely recommends and encourages compliance with the design criteria. A statement has been included in the guidelines that enables the HRAB to use its' discretion in determining whether the development proposal meets the spirit of the design criteria. These guidelines are being introduced to you as an informal discussion item. If the Planning Commission feels that the guidelines are appropriate, then we can advertise them for a public hearing. The HRAB feels that these guidelines should be incorporated into the Historic Area Overlay section of the Zoning Ordinance. Please let me know if there are any questions regarding this item. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Summary of Guidelines The Historic Resources Advisory Board has developed these guidelines in an effort to insure that new commercial construction within an area designated as a Historic Area Overlay is compatible with the character of the historic area. Additionally, the HRAB anticipates that the guidelines will be compatible with economic growth while minimizing the erosion of the historic area's character. The guidelines are based on the traditional character present in the County's historic areas. Traditionally, historic County buildings do not exceed 2 stories and buildings were most often constructed of wood and stucco. These historic design characteristics are encouraged by the guidelines so that new commercial construction will be consistent with existing structures. In an effort to minimize the effect that 20th century conveniences have on the historic area, the guidelines encourage site designs which de-emphasize features such as parking facilities, HVAC equipment, and solid waste management equipment. By exercising building designs, site layouts, and landscaping techniques, the impacts associated with -modern day conveniences may be reduced. Guidelines for New Commercial Construction in the Historic Area Overlay The following guidelines are hereby adopted by the Frederick County Historic Resources Advisory Board ("HRAB") to assist its consideration of applications for new commercial construction in Historic Area Overlay ("HA") zones under the Frederick County Zoning Ordinance. These guidelines should not be viewed as a means of dictating a specific design response to a given design problem, nor should they be seen as prohibiting any particular approach. New and untried approaches to common design problems associated with historic sites and structures should not be rejected merely because of originality. Each application will be considered on a case-by-case basis, within the framework set out here. For purposes of these guidelines, the term "designated site" shall mean that site, structure, or other feature, which has been designated as a historic resource by the Board of Supervisors, in its application of a HA zone on any property or properties within the County. "Commercial construction" includes, for example, all non-residential construction such as retail stores, office buildings, automobile service stations, restaurants of all types, churches and non-profit organization facilities. These design elements are based on the Rural LandmarksSurvey Report, Frederick County, Virginia, Phases I -Ill, 1988-1992. This survey documented buildings in Frederick County that are at least 50 years old and have retained their architectural integrity. This standard is used by the Virginia Department of Historic Resources and the U. S. Department of Interior to determine whether or not a structure is considered to be "contributing" to the historic character of a community. The term "contributing buildings", as used here, refers to those buildings that have been identified in the Rural Landmarks Survey Report and may contribute to designs for new commercial construction. All surveys were prepared according to the standards established by the Virginia Department of Historic Resources. All applications for new construction must comply with the requirements of applicable zoning regulations prior to consideration by the HRAB. Purpose and Intent Statement of Purpose: The purpose of these Design Criteria is to insure that new commercial construction located within the Historic Area Overlay (HA) are compatible with the character of the historic area. The purpose is also to establish a common commercial identity among these new buildings through shared design principles. Guidelines for New Commercial Construction in the Historic Area Overlay March 22, 1995 Page 1 Statement of Intent: It is the intent of these Criteria to : 1. Accommodate and encourage economic growth that will both maximize direct county revenues and minimize the indirect costs of eroding the historic character of the HA; 2. Protect private property values and related public investment from the detrimental impacts of carelessly planned new construction; 3. Encourage creative designs while discouraging uniform trademark architecture that if built in the HA would create strip developments incompatible with existing structures; 4. Maintain the image of the HA as seen from its most traveled roads to benefit residents, attract tourists, and interest potential employers; 5. Encourage new commercial developments to produce contemporary architecture compatible with the traditional building forms of the HA; 6. Provide for an appropriate and attractive yet diverse mix of new construction that relate to one another in a coherent way by guiding them toward shared design principles without imposing any specific architectural style. Architectural Style and Form Criteria These criteria shall be followed to the greatest extent possible, as determined by the Historic Resources Advisory Board (HRAB), given the physical nature of a specific site and its intended use. Although achieving compliance with all these criteria is desired, the HRAB may use its discretion in determining an application's degree of compliance, as long as a proposed design is consistent with the purpose and intent of these criteria. Building Design New construction should not create an appearance with no historical basis. New commercial construction should represent the era in which it is built, yet be designed in a manner that complements the existing HA character. No single architectural style is mandated. However, historic design elements of contributing buildings found in Frederick County should be the basis for proposed designs. Direct copying of buildings is discouraged as are standardized building Guidelines for New Commercial Construction in the Historic Area Overlay March 22, 1995 Page 2 designs found throughout areas outside of Frederick County. 2. Introduction of design concepts foreign to Frederick County is inconsistent with the County's architectural character. New commercial building designs should have roof designs that are characteristic of Frederick County. Duplication of the traditional roof shapes, pitches, and materials on new construction is one way of making the new structures more visually compatible. Steeply pitched roofs are generally found in contributing buildings. 4. Side and rear walls which face open areas should be designed with as much attention to detail as the primary facade. 5. New commercial construction should maintain a scale which is compatible with adjacent buildings and other existing structures in the HA. 6. The Board is conscious of 20th century infrastructure requirements, but such items as electrical meters and transformers, HVAC equipment and solid waste management equipment should be visually and acoustically screened from public view. Building Siting 1. Buildings should be designed and sited to reduce the need for topographic modifications to the site. If buildings must be sited in areas of significant slope, they should make use of multiple stories and multi-level access to retain the natural topography of the site. 2. All new construction should attempt to protect and preserve significant archaeological resources. 3. The front of a building should face the main thoroughfare in the HA. Building elevations facing other public right of way should include the principal design features and materials used on the front of the building, so not to look like the back of the building. Guidelines for New Commercial Construction in the Historic Area Overlay March 22, 1995 Page 3 Height No structure should be so located or of such height, as to unreasonably affect protected viewsheds around designated sites. Traditionally, the height of buildings in HA is no more than two stories (approximately 25 feet). New commercial construction should be consistent with this pattern. Parking Location Maintain the integrity of the area's historic resources by minimizing the dominance of the automobile. Parking facilities should be placed in locations which de-emphasize their use, and emphasizes the main structure. This may be accomplished by exercising site layout options and landscaping techniques which attempt to camouflage the parking facilities. Building Materials 1. The predominant building materials for commercial buildings in historic areas are wood and stucco. Brick and stone were also common building materials to a lesser extent. The same material was typically applied to all sides of all stories of a building. Horizontal wood siding, stucco, red clay brick, or limestone should be encouraged for cladding on new commercial buildings. 2. Historic roofing materials, such as standing seam metal and slate, which are present in historic areas are encouraged. These materials continue to be widely available today. 3. Building colors should compliment the colors existing in the historic areas. Landscaping 1. The use of appropriate landscaping (plant materials) native to or traditionally used in Frederick County will blend new construction with the surrounding historical area landscapes. The use of species that are winter hardy and drought tolerant is encouraged. 2. An effort should be made to screen the rear areas of a developed site from the adjacent properties so far as it may reasonably be possible to do so. The use of screening materials, such as fencing, or vegetation plantings are encouraged. 3_ Lighting should be of such construction, materials, height, and brightness, as not to adversely effect the designated site. 4. Maintenance of the landscaping should be considered when choosing the type of landscaping and screening to be used. The use of an attractive landscaping plan, accented by hardy plants, will create a pleasing commercial environment. Guidelines for New Commercial Construction in the Historic Area Overlay March 22, 1995 Page 4 Signage 1. The location, design, configuration, materials and color of all proposed signs and associated structures should be in character with the historic and scenic settings of the HA. These signs should not visually dominate buildings or sites. 2. Free-standing and projecting wall signs will be limited to 25 feet in height, and a sign surface area of 50 square feet. 3. One free-standing or projecting sign will be permitted per parcel. 4. Wall signs will be limited to 20 feet in height above grade, and one sign per parcel frontage. Guidelines for New Commercial Construction in the Historic Area Overlay March 22, 1995 Page 5 1. COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II RE: Informal Discussion Regarding Proposed Interstate Area Overlay District DATE: April 10, 1995 During the March meeting of the Development Review and Regulations Subcommittee, staff conducted a slide presentation that displayed the height and size of high rise business signs at various interstate interchange areas. The purpose of that presentation was to provide an opportunity for.the committee members to visualize these signs at different distances and to consider important viewsheds and land use patterns. Committee members discussed important issues with staff and provided ideas and guidance for the creation of a proposed Interstate Area Overlay District. Staff has drafted a proposed overlay district which allows for taller commercial business signs with a greater square footage within the proximity of the eight interstate interchange areas. In order to insure that negative impacts are held to a minimum, staff has drafted a proposed ordinance that addresses the specific needs of the commercial uses within each interchange area, while protecting other properties whose primary use is residential. Included under this agenda item is the proposed draft Interstate Area Overlay District for Frederick County. The DRRS will review this information during a special meeting on April 13, 1995. Staff will advise the Planning Commission of any comments, concerns, or corrections that are recommended by the DRRS. Staff asks that the Planning Commission determine if the draft Interstate Area Overlay District is appropriate for what Frederick County is attempting to achieve. A final overlay district ordinance will be advertised for public hearing on May 3, 1995. Staff will provide information that completes the Interstate 81 Overlay District Sign Elevation Chart during the Planning Commission meeting. Staff has provided information regarding the Berryville Pike interchange area to demonstrate how this chart is proposed to function. Staff will utilize slides to illustrate how these elevations will function at the various interchange areas. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 ARTICLE XXI IA INTERSTATE AREA OVERLAY DISTRICT 165-141. Intent The IA Interstate Area Overlay District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the requirements specified in Section 165-30 of this Chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. The standards within this Article are designed to allow for additional visibility for commercial businesses, while minimizing negative impacts to residential properties that are adjacent to, or within the proximity of the overlay district. 165-142. District Boundaries Properties that are included within the Interstate Area Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. 165-143. Establishment of Districts A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to properties within the proximity of interstate interchange areas upon concluding that: 1. The property is in conformance with the idealized interchange development pattern recommendation of the Frederick County Comprehensive Plan. 2. The proposed use of the property is consistent with the specified uses within this Article. 3. The proposed business sign will not have an adverse impact on adjoining properties whose primary use is residential. 4. The property has met the requirements of Article II of this Chapter, as well as the requirements of Title 15.1, Section 491(8) of the Code of Virginia 1950, as amended. B. The Interstate Area Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the Interstate Area Overlay District shall also be within one or more zoning districts as specified within this Chapter. The effect shall be the creation of new zoning districts consisting of the regulations and requirements of both the underlying zoning district(s) and the Interstate Area Overlay District. 165-144. Qualifying Criteria A. The following uses shall be authorized to erect a commercial business sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the use complies with the requirements of Section 165-145 of this Article, and that the use is located on property that is, delineated on the Official Zoning Map as being part of the Interstate Area Overlay District: USE SIC Code General Merchandise & Apparel Stores 53 & 56 Automotive Dealers & Gasoline Service Stations 55 Eating & Drinking Establishments Hotel & Lodging Establishments W. 70 B. The uses specified under Section 165-144A(1) that are authorized on property through the issuance of a conditional use permit shall be authorized to erect a commercial business sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the use complies with the requirements of Section 165-145 of this Article, and that the use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. 165-145, District Regulations A. Permitted Signs. 1. Freestanding commercial business signs. 2. Signs permitted in the underlying zoning district(s). B. Prohibited Signs 1. Off -premise business signs. 2. Signs prohibited in the underlying zoning districts(s). C. Number of Freestanding Commercial Business Signs. 1. Any permitted primary use in the Interstate Area Overlay District may replace one freestanding commercial business sign as permitted under Section 165-30 of this Chapter, with one freestanding business sign that complies with the requirements set forth in this Article. 2. When two or more primary uses are located on the same parcel, each use is permitted to replace one freestanding commercial business sign as permitted under Section 165-30 of this Chapter, with one freestanding commercial business sign that complies with the requirements set forth in this Article. D. Setback Requirements 1. The message portion of all freestanding commercial business signs shall be setback a minimum of ten (10) feet from any lot line or property boundary line. 2. When any freestanding commercial business sign which exceeds the height requirement of the underlying zoning district(s) is located on property that adjoins or is across a right-of-way from property whose primary use is residential, the setback shall be the normal setback plus one (1) foot for every foot over the maximum height of the underlying zoning district(s). 3. The Planning Commission may waive a portion 'of the setback described in Section 165-145D(2) if the developer can not meet the setback requirement due to the size or shape of the parcel. E. Spacing Requirements The spacing requirements for any sign in the Interstate Area Overlay District or the underlying zoning district(s) shall comply with the requirements in Section 165-30(F) of this Chapter. F. Size Requirements 1. The message portion of any freestanding commercial business sign that meets the requirements of this Article shall not exceed a total of two hundred (200) square feet in area. 2. More than one freestanding commercial business sign shall be allowed to share a common support pole, provided that the uses comply with the requirements of Section 165-145 of this Article, and that the uses are located on properties that are delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. The message portion of freestanding commercial business signs that meet this requirement shall not exceed a total of four hundred (400) square feet in area. G. Maintenance and Permits All signs that area erected in: the Interstate Area Overlay District shall meet the maintenance and permit requirements as specified in Section 165-30(I) and Section 165- 30(J) of this Chapter. H. Permitted Heights for Freestanding Commercial Business Signs. INTERSTATE 81 OVERLAY DISTRICT SIGN ELEVATIONS Exit # Max. Sign Height Max & Min Prop. Elev. I-81 Elev. 302 307 310 313 315 740 amsl 690 & 665 amsl 676 amsl 317 321 323 NOTE: amsl describes elevations Above Mean Sea Level This chart provides an example of how equitable sign heights will be permitted within the Interstate Area Overlay District. Exit 315 (Berryville) would permit signs that range from 75 feet at the lowest property elevation to 50 feet at the highest property elevation; however, these signs would be visible from Interstate 81 at the same elevation. A complete chart will be provided for the DRRS discussion and for PC and BOS informal discussions. 0� COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Robert W. Watkins, Planning Director SUBJECT: 1995-1996 Work Program DATE: April 8, 1995 Please find attached a draft of the 1995-1996 Planning Department Work Program. We would appreciate any comments you might have. This will need to go to the Board of Supervisors at their meeting of April 26, 1995. RWW/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 1995-1996 WORK PROGRAM COUNTY OF FREDERICK DEPARTMENT OF PLANNING AND DEVELOPMENT I. DEPARTMENT MISSION AND GOALS The mission of the Department is to plan for and manage growth and development in the County. This mission is carried out by providing useful planning and management services to the public and to decision makers. It is the mission of the Department to promote high community standards and to anticipate future needs. Innovative, thorough, and effective planning and management is to be provided in a way that balances the need for growth with the need to provide a high quality living environment. Activities and policies of the Planning Department are at least partially determined by the policies adopted in the 1995 Comprehensive Policy Plan. The Comprehensive Plan contains an Action Program that describes actions that should be undertaken to implement the policies in the Plan. The Action Program is used as the primary guide in the formulation of this work program. The following are the goals, objectives and strategies for the Planning Department for the 1995-1996 fiscal year: GOAL To maintain an effective planning process to manage growth and development in Frederick County. Objective To maintain an up-to-date Comprehensive Plan that is responsive to changing situations and current needs. Strategy Review the Comprehensive Plan annually. Make revisions and refinements as needed. Develop specialized, specific plans for certain geographic or policy areas. Currently, concentration should be placed on commercial corridors, rural community centers, historic preservation, economic development and housing issues. Transportation plans will need to be updated as a result of the Winchester Area Transportation Study and the Route 37 Study. Objective To develop and maintain an adequate information system to monitor development and provide information to support planning decisions. Strategy Develop, expand and maintain a Geographic Information System which uses mapping, house numbering, real estate assessment, building permit and other information to create a map -based information system. Create additional information. Use the system to evaluate the impacts of development, to understand development trends and to support policy decisions. Objective Develop and maintain specific plans for community facilities. Strategy Improve coordination of needs assessment and projection methods for community facilities. Develop consensus on long range facilities needs and approaches. Maintain and improve the Capital Improvements Plan. GOAL To initiate actions to put planning policies into effect. Objective To provide and maintain effective development regulations. Strategy Review development regulations on a regular basis to ensure that they achieve the policies intended. Special emphasis should be placed on planned, large scale development, commercial corridor appearance, affordable housing incentives, and coordination with regulations of the City of Winchester. Objective To maintain and improve plans for roads in the County. Strategy Coordinate road improvement plans with the Winchester Area Transportation Study. Actively pursue improved funding for local road projects. Objective Implement and improve methods to preserve key historic sites that can be used to support tourism. Strategy Based on specific plans, implement methods that emphasize cooperation with land owners. Objective Ensure that new development .adequately provides for the cost of new infrastructure. Strategy Continue to develop and refine the impact analysis techniques to determine the cost impacts of new development on infrastructure. Use the conditional zoning system or other means to address these impacts. GOAL To solve problems concerning land use and development. Objective Address and solve land use and development problems when they arise. Strategy Maintain a trained and experienced planning staff that can creatively address problems as they arise. Maintain sufficient staff capacity to handle such problems in the context of a full work program. GOAL To provide information and advice to the Board of Supervisors, Planning Commission, County Administrator, public agencies, developers, citizens of the County, and the general public. Objective Improve the quality and presentation of information provided. Strategy Use the Geographic Information System and other available computer systems and models to provide more useful and complete information in a format that is easy to use. GOAL To provide user-friendly customer service, Objective Meet the needs of citizens and other clients with useful advice and information presented in a polite and helpful manner. Strategy Maintain an atmosphere and philosophy of customer service in the Planning Department. Participate in the creation of a county -wide customer service system. Produce easy-to-use literature explaining policies and regulations. GOAL To provide opportunities fox public involvement and education in the planning process. Objective Involve the public early in planning and policy development. Don't wait until policies are developed to involve the public. Strategy Hold regular public events that fully involve the public in the discussion of issues. Provide clear and interesting information on issues to the public. Involve more citizens in Planning Commission committees. II. THE 1995-96 PROGRAM A. ADMINISTRATION - Administrative tasks will include the following: 1. Violations and Complaints - Complaints concerning ordinance violations are received and enforcement action is undertaken. 2. Requests for Information - Numerous requests are received from the public, officials and agencies. 3. Support to Three Boards, One Commission, One Task Force and a number of committees - Materials for 10 to 15 agendas are provided per month. 4. Coordination with Agencies - The staff will coordinate policy development and decision-making with federal, state, regional, and local agencies. 5. Record Keeping and Administrative Improvements - The staff will continue to work on improvements to record keeping and administrative procedures. Implementation of a Geographic Information System will provide an important tool for these improvements. The staff will work on improved customer service systems. 6. Capital Facilities Impact Model - Substantial efforts will be required to maintain and use the impact model. 7. Bimonthly Report - A special effort will be undertaken to improve the usefulness of the bimonthly report to the Planning Commission. B. MAPPING, HOUSE -NUMBERING, AND GEOGRAPHIC INFORMATION SYSTEM - A major effort is underway to implement the Geographic Information System Plan. The staff will continue to expand the mapping database and will begin efforts to establish a use -friendly system. The "tailored" PC-based system will complete the Phase I core system of the GIS plan. Phase I1 will begin to involve other departments and will develop a network of users. Additional information and applications will be added. The improved mapping system will S allow staff to provide quicker and better information to decision makers and others. C. DEVELOPMENT REVIEW - Increased numbers of development applications are expected over the number occurring during the past several years. The staff will continue to review the following types of development proposals: Rezonings Conditional Use Permits Master Development Plans Site Plans Subdivisions Variances Building Permits The staff will continue to work to improve these development review procedures. D. COMPREHENSIVE PLANNING - The Comprehensive Plans and Programs Subcommittee will review the Comprehensive Plan using the annual review process. The comprehensive planning work items will be as follows: 1. Round Hill Rural Community Center - Work to prepare a corridor and small area plan for the Round Hill Community Center and the Route 50 West corridor has begun. The plans will be used to address economic development, land use, appearance, traffic and other issues. Property owners in these areas will be involved in the process. 2. Route 11 North - Stephenson, Brucetown, Clearbrook Area Plans - Work will begin on corridor and small area plans for the Route I 1 North corridor and the Rural Community Centers along that corridor. Special emphasis will be placed on business and industrial location. The plans will be used to address economic development, land use, appearance, traffic and other issues. Property owners in these areas will be involved in the process. 3. Hlousing issues - The 2020 Report recommends the preparation of a comprehensive housing plan for the City and County. Discussions with the City will be initiated and the preparation of such a plan will begin as directed by the Planning Commission. Special efforts will be directed at examining incentives to encourage the inclusion of affordable housing in new residential developments. Efforts will begin with the preparation of a staff report. 4. Stephens City - Planning coordination will continue with the Town. 5 5. CIP Needs Assessment and Projection Methods - Discussions continue on the methods used to assess the need for new capital facilities. Desired levels of service will be studied. Methods are needed concerning uniform projection methods to be used by various agencies in the County. Such methods should be tied to the adopted Comprehensive Plan. 6. Business and Industrial Land Use Issues - There is a need to refine the policies in the Comprehensive Plan concerning business location. Of particular interest is the need for new industrial locations with rail access and reasonable site costs. The Subcommittee will examine these issues. 7. 1:terst R+trAd Plain - The Eastern Road Plan will be reviewed and revised based on the results of the Winchester Area Transportation Study and the Route 37 Study. 9. Neighborhood Planning - There may be a need to work with specific neighborhoods, such as Shawneeland or the Summit to address neighborhood planning issues. 10. Comprehensive Plan Requests - Each year requests are received to make certain revisions to the Plan. Such requests will be reviewed by the Comprehensive Plans and Programs Subcommittee. E. ORDINANCE REVIEW - In addition to routine requests, ordinance review activities of the Development Review and Regulations Subcommittee will include the following.- 1. ollowing: 1. Zoning and Subdivision Ordinance Review - The Comprehensive Plan describes a need to monitor the effectiveness of the development regulations on an annual basis. Specific issues that may be reviewed will possibly include the following: Vesting issues Residential design Planned developments Rural development Design standards for residential streets Corridor appearance Scenic viewshed protection In addition, the subcommittee will respond to specific request to review particular ordinance provisions. 2. Development Review - The Subcommittee will review specific development issues in relation to particular developments as needed. F. TRANSPORTATION - Transportation planning work will include the following: 1. Area Transportation Planning - Special efforts will begin on incorporating, publicizing, and implementing the road improvement plans that result from the Winchester Area Transportation Study and the Route 37 Corridor Location Study. Special efforts will be made to insure that the Eastern Road Plan is effective and up to date. There will be a need to continually work with the Virginia Department of Transportation to ensure that improvement projects are provided in a timely fashion. 2. Transportation Committee - Routine, annual work will continue with this committee of the Board of Supervisors. Primary efforts will concern the primary and secondary road improvement plans. 3. Regional Transportation Planning- The staff will participate in the regional transportation planning efforts that are underway in the Lord Fairfax Planning District. These efforts will provide improved resources, coordination, and influence in transportation planning for the region. 4. ISTEA Grant Applications - The staff will continue to apply for funding for special projects under the ISTEA programs for as long as those programs last. G. HISTORIC PRESERVATION 1. Historic Resources Advisory Board - Staff will provide support to the Historic Resources Advisory Board in their continued efforts. The Historic Resources Advisory Board will take the lead role in the following efforts: Ensure that historic survey and other information is available to decision makers, property owners and the public in a useful form. Increase public awareness of the historic resources in the County. Ensure that proper emphasis is given to historic values in the development review process. Review development proposals. Continue the site recognition and plaque program. Develop incentives to property owners for historic preservation. 2. Battlefield Issues - The staff will work to support the battlefield preservation efforts of the Frederick County -Winchester Task Force and others. The recommendations of the Battlefield Network Plan will be incorporated in the 7 Comprehensive Plan and the staff will support efforts to carry out those recommendations. I. OTHER 1. Capital Improvements Plan - The staff will work with the Comprehensive Plans and Programs Subcommittee to maintain and improve the CIP. 2. Citizen Participation and Education - Continue to improve public participation. Discuss with school officials the possibility of involving government classes and other students in planning activities. Find ways to educate citizens about planning issues. 1995-96 WORK PROGRAM SUMMARY FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT WORK PROGRAM ITEM: A. Administration PROTECTED COMPLETION DATE: Violations and Complaints ........ Ongoing Requests for Information ........... . . . . .......................... Ongoing Agendas, Minutes, Budgets, Reports Correspondence................................................ Ongoing Record Keeping Improvements .................................. Ongoing Impact Modeling ................................... .... . . . ..... Ongoing Improve Bimonthly Report ...... . ....................... . ...... . . 1995 B. House Numbering and Geographic Information System House Numbering ...... , , . , . Ongoing Mapping........ ........... I .. Ongoing .......... Geographic Information System ... , .. ... , , .... Ongoing C. Development Review Review of Plans and Proposals .. ...... . . . . ......... o ............ Ongoing Evaluation of Review Procedures . Ongoing 9 D. Comprehensive Planning Review of Comprehensive Plan ......... . . ....................... Ongoing Round Hill Rural Community Centers .......... . .... 1995 Route 11 North/ Rural Community Centers ... .. 1996 Housing Issues ............................... . ......... . ........ 1995-96 Stephens City Ongoing CIP Assessment and Projections . ........... . . .......... Ongoing Eastern Road Plan ............................................... Ongoing Business and Industrial Review ................................ Ongoing E. Ordinance Review Development and Ordinance Review ...... . . . .... . ..... . ......... Ongoing F. Transportation Planning Area Transportation Planning .......... ............. . . . .. . . . .... Ongoing Transportation Committee ................. . ... . . ............... Ongoing Regional Transportation Planning ............... Ongoing G. Historic Preservation ........ ....... .... . .... . ..... Ongoing Battlefield Plan Implementation .................. . ............... Ongoing H. Other Capital Improvements Plan ........Ongoing Citizen Participation and Education .. . . .......... . . . ............ Ongoing 10 STAFF RESPONSIBILITIES 1995-1996 ZON- PLAN PLAN CLER- DEP, ING PLAN I I MAP. OFC. ICAL TASK DIR. DIR ADMIN II (JM) (EL) STAFF MGR. STAFF Department * X X X Ord. Administration X X * X X X —X7 X General Inquiries X X X X X X X Violations * X X General Correspondence X X X X X X X * X Minutes X X X X * X Agendas X X X X X X X X X House Numbers X X X * X Mapping X X X X * x Graphics X X X X X * X Trans. Committee * X X X Rezoning Review X * X X X X X X CUP Review * X X X X Masterplan Review X * X X X X X Site Plan Review X *I X X X X X Subdivision Review and Admin. X * X X X X X X Permit Review * X X X BZA X * X X Zoning Ord. Review X X X * X X X X X Develop. Review Subcomm. X X X * X X X X Improve Plan Review X * X X X X X Comp. Plan Subcomm. X * X X X X X X *Lead Role STAFF RESPONSIBILITIES 1995-1996 TASK DIR. DEP. DIR ZON- 1N(T ADMIN PLAN II PLAN T (JM) PLAN T (EL) �rn STAFF OFC. MGR. CLER- ICAL STAFF Record Keeping Improvements X X X X X X X * X Maintain Impact Model X X X Rural Community Centers/Corridors X * X X X X X Business Issues Review X X X X * X X X Stephens City X X X * X X X X Housing Issues X X X * X X X Eastern Road Plan X X * X X Neighborhoods X X X Historic Resources X X X X * X X X Battlefield Projects X X * X X X Database Management X X X X X X X * X GIS X X X X X * X Annual Report X X * X X X X Comp. Plan Update X X X * X X X X EDC Support X X * X X X X X CIP X X X * X X Public Assistance * X X X X X X X X *Lead Role 12 Regency Lakes Estates Agency Comments VDOT: No overall objections to the revised master development plan. Prior to making any final comments on future phases of the project we will require a complete set of site plans, drainage calculations, and traffic flow data for review. As proposed it appears sections of the Regency Lakes Drive right-of-way will pass through portions of both lakes. Is the water elevation in the lakes to be lowered and/or portions filled to accommodate the roadway? FCSA: 1st Review - No comment. Frederick County Engineering Department: The master development plan for the Regency Lakes Estates is approved by the Engineering Dept. A detailed review of Section "D" will be made at the time of the subdivision submittal. Frederick County Parks & Recreation Department: No Comment. Revised master development plan has no impact on required recreational amenitites. P dg. Hefgh#e A — Phase 1 Z RP um esld.0.1 �— b IPAMv ` Roaenbarga Zoned: RP i Uae: R..Identlal V ,b ♦ �� Ed—d K N➢ler, et of a 1� Zoned. RP Uss: yaaont "M Ud tf►erakIyr Op Tota! Arra 28732 Aaara us Btnaheeter Outdoor --- Narlow &Board Property Partnership Adwrtlafnq Corporation Zoned: B-2 U— Auto Dealerahlp / \f�P4 ME V \ Cay E 6 Kathryn L Strom ydx V \ \ Zoned: B-2 / 4 ShirleyEiE !_.o Ch Be C. �Zo ed: B-2 no dte deerrtWen ) *kA s # Carroll itezoning Raymond Zoned: 8e 2 Rldinge COMMwTOW Up AROMaA Ir-6.40k Tbobda \\ tj OF Mr. Jam, Hammond C. W, Wright Construction P.O. Box 486 Tunnelton, W.Va. 26444 Dear Mr. I a mnund. I Ir. Robert Solenberger Fruit Hill Orchard, Inc P.O Box 23 68 Winchester. Va. 2260-14 April 12, 1995 As a follow up to our telephone converoation today concerning Fruit I Iill'o rop=y on Rest Chur--h Road that C. W. Wright is currently leasing, itappears be th-t that base be tcrmi1,gtCd d1,c to the ny-cze nt zoning ronlli-,(_i tions ,-ir records reflect. thAt yowr rent. of `x4.50.00 per month teas bec-n Mard th roug i June 149.5. It was my understanding that you felt yo1i could vacate within 60 days with no proble ns, therefore I will anumpare 1lavinp, use or u1ar nwicnn2 as or Tu1V 1, 199.3. If YOU have aaiy quCst101As or coliccrns please- do riot hesitate to contact ilic. Thank you. sin ccrely Mr. Robb 't Solenbergcl' cc ` + Jt' f0c,1. Mr. Jam, Hammond C. W, Wright Construction P.O. Box 486 Tunnelton, W.Va. 26444 Dear Mr. I a mnund. I Ir. Robert Solenberger Fruit Hill Orchard, Inc P.O Box 23 68 Winchester. Va. 2260-14 April 12, 1995 As a follow up to our telephone converoation today concerning Fruit I Iill'o rop=y on Rest Chur--h Road that C. W. Wright is currently leasing, itappears be th-t that base be tcrmi1,gtCd d1,c to the ny-cze nt zoning ronlli-,(_i tions ,-ir records reflect. thAt yowr rent. of `x4.50.00 per month teas bec-n Mard th roug i June 149.5. It was my understanding that you felt yo1i could vacate within 60 days with no proble ns, therefore I will anumpare 1lavinp, use or u1ar nwicnn2 as or Tu1V 1, 199.3. If YOU have aaiy quCst101As or coliccrns please- do riot hesitate to contact ilic. Thank you. sin ccrely Mr. Robb 't Solenbergcl' cc ARTICLE XXI IA INTERSTATE AREA OVERLAY DISTRICT 165-141. Intent The IA Interstate Area Overlay District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the requirements specified in Section 165-30 of this Chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. The standards within this Article are designed to allow for additional visibility for commercial businesses, while minimizing negative impacts to residential properties that are adjacent to, or within the proximity of the overlay district. 165-142. District Boundaries Properties that are included within the Interstate Area Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. 165-143. Establishment of Districts A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to properties within the proximity of interstate interchange areas upon concluding that: 1. The property is in conformance with the idealized interchange development pattern recommendation of the Frederick County Comprehensive Plan. 2. The proposed use of the property is consistent with the specified uses within this Article. 3. The proposed business sign will not have an adverse impact on adjoining properties whose primary use is residential. 4. The property has met the requirements of Article II of this Chapter, as well as the requirements of Title 15.1, Section 491 (a) of the Code of Virginia, 1950, as amended. B. The Interstate Area Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the Interstate Area Overlay District shall also be within one or more zoning districts as specified within this Chapter. The effect shall be the creation of new zoning districts consisting of the regulations and requirements of both the underlyingtonin 1212; ./ A sem_ J-"tl u1 L IcLks)anu uxe Interstate Area Overlay District. 165-144. Qualifying Criteria A. The following uses shall be authorized to erect a commercial business sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the use complies with the requirements of Section 165-145 of this Article, and that the use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District: USE SIC Code General Merchandise & Apparel Stores 53 & 56 Automotive Dealers & Gasoline Service Stations 55 Eating & Drinking Establishments Hotel & Lodging Establishments 70 B. The uses specified under Section 165-144A(1) that are authorized on property through the issuance of a conditional use permit shall be authorized to erect a commercial business sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the use complies with the requirements of Section 165-145 of this Article, and that the use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. 165-145. District Regulations A. Permitted Signs. 1. Freestanding commercial business signs. 2. Signs permitted in the underlying zoning district(s). B. Prohibited Signs 1. Off -premise business signs. 2. Signs prohibited in the underlying zoning districts(s). C. Number of Freestanding Commercial Business Signs. 1. Any permitted primary use in the Interstate Area Overlay District may replace one freestanding commercial business sign as permitted under Section 165-30 of this Chapter, with one freestanding business sign that complies with the requirements set forth in this Article. 2. When two or more primary uses are located on the same parcel, each use is permitted to replace one freestanding commercial business sign as permitted under Section 165-30 of this Chapter, with one freestanding commercial business sign that complies with the requirements set forth in this Article. * The DRRS felt that it may not be appropriate to disallow a sign along the business corridor if a high-rise sign is permitted on the property. The example that was used regards the need for gasoline service stations to have a business sign that meets the requirements of 165-30 to advertise prices and products. D. Setback Requirements 1. The message portion of all freestanding commercial business signs shall be setback a minimum of ten (10) feet from any lot line or property boundary line. 2. When any freestanding commercial business sign which exceeds the height requirement of the underlying zoning district(s) is located on property that adjoins or is across a right-of-way from property that is in the RP Residential Performance District, or the HE Higher Education District, the setback shall be the normal setback plus one (1) foot for every foot over the maximum height of the underlying zoning district(s). 3. When any freestanding commercial business sign which exceeds the height requirement of the underlying zoning district(s) is located on property that adjoins or is across a right-of-way from property whose primary use is residential, the setback shall be the normal setback plus one (1) foot for every foot over the maximum height of the underlying zoning district(s). 4. The Planning Commission may waive a portion of the setback described in Section 165-145D(2) or Section 165-1451)(3) if the developer can not meet the setback requirement due to the size or shape of the parcel. E. Spacing Requirements The spacing requirements for any sign in the Interstate Area Overlay District or the underlying zoning district(s) shall comply with the requirements in Section 165-30(F) of this Chapter. F. Size Requirements 1. The message portion of any freestanding commercial business sign that meets the requirements of this Article shall not exceed a total of two hundred (200) square feet in area. 2. More than one freestanding commercial business sign shall be allowed to share a common support pole, provided that the uses comply with the requirements of Section I65-145 of this Article, and that the uses are located on properties that are delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. The message portion of freestanding commercial business signs that meet this requirement shall not exceed a total of four hundred (400) square feet in area. The DRRS felt that at statement was needed that limited the number of messages on a high-rise freestanding business sign pole, or that a statement. was needed that required the signs to be located on the pole at a minimum height. This was suggested to avoid the placement of one high rise message sign 20 smaller signs at the base of the pole. * The DRRS also felt that it was important to create language in this section that made it clear that only one high-rise sign was allowed per business. The DRRS was concerned that F(2) could be interpreted to allow one business to have two 200 square foot signs on the same pole. For example, one that said Burger, and one that said King. G. Maintenance and Permits All signs that area erected in the Interstate Area Overlay District shall meet the maintenance and permit requirements as specified in Section 165-30(I) and Section 165- 30(J) of this Chapter. * The DRRS felt that it was important to create language that insured that access easements necessary for sign maintenance purposes were secured prior to the issuance of a sign permit. The DRRS felt that a new subsection should be created that provided statements to insure that the lighting from illuminated signs does not create a negative impacts on adjoining properties. H. Permitted Heights for Freestanding Commercial Business Signs. INTERSTATE 81 OVERLAY DISTRICT SIGN ELEVATION77 S Exit # Max. Sign Leight Max & Min °Drop. Elev. I-81 l lev. 302 750 amsl 710 & 660 ams] 680 amsl 307 790 amsl 756 & 730 amsl 750 amsl 310 795 amsl 754 & 721 amsl 744 amsl 313 795 amsl 734 & 692 amsl 686 amsl 315 740 amsl 690 & 665 amsl 676 amsl 317 805 amsl 712 & 700 amsl 711 amsl 321 690 ams] 640 & 624 amsl 639 ams] 323 700 amsl 648 & 628 amsl 639 ams' NOTE: amsl describes elevations Above Mean Sea Level The AMSL elevations that describe Interstate 81 reflect an average from the north bound and south bound lanes. For example, the elevation for the Interstate 81 north bound lane at Exit 323 (Whitehall) is 636, and the south bound lane elevation is 642; therefore, 639 amsl was used for this chart. The purpose of including Interstate 81 elevations is to demonstate how high signs will be above the interstate at each interchange area. Land Use Most manufacturing uses are located in one of several large industrial areas in the County, including the following: * Stonewall Industrial Park * Fort Collier, Route 1 I North, and other areas within the Interstate 81 /Route 37 Loop * Route 11 South - Kernstown area * Route 50 East - Airport area * Clearbrook and Middletown. Mining for limestone, crushed stone, clay, shale, and sand is occurring in the County. The limestone mining occurs along the limestone belt that is east of Little North Mountain and West of Interstate 81. Shale mining occurs in various areas throughout the County. Other mining primarily is carried out in the western portions of the county. ure 4 Idealized Interchange Development Pattern terial 1995 Frederick County 53 Comprehensive Plan