HomeMy WebLinkAboutPC 10-19-94 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
OCTOBER 19, 1994
7:00 P.M. CALL TO ORDER TAB
1) Bimonthly Report ...................................... A
2) Committee Reports ................................... � B
3) Citizen Comments ..................................... C
4) Subdivision Application #007-94 of Harry Stimpson: to subdivide 14.9277 acres for a
proposed motel located in the Opequon District and identified as PIN #85-A-146 &
146A. The directions to this property are as follows: This property is located on the
west side of Town Run Lane (Route 1012), South of Fairfax Pike (Route 277), East of
Town of Stephens City.
(Mr. Miller) ......................................... D
5) Subdivision Application #008-94 of C Douglas Adams: to subdivide 9.552 acres for a
proposed office building located in the Shawnee District and identified as PIN # 64 -A -
45G. The directions to this property are as follows: This property is located on the
north side of Airport Road (Route 645), West of the Winchester Regional Airport and
adjacent to Project Hope.
(Mr. Miller) ......................................... E
6) Discussion Regarding Recreational Vehicles in Flood Plains.
(Mr. Miller) ......................................... F
ra
7) Request for Support of Proposal to Designate Route 55 as a Virginia Byway.
(Mr. Watkins) ........................................ G
MISCELLANEOUS
8) Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Secretary
SUBJECT: Bimonthly Report
DATE: October 10, 1994
(1) Rezonings Pending: (dates are submittal dates)
C. L. Robinson
03/30/94
BkCk
RA
to
B3
Brown Lovett, Jr.
09/14/94
Ston
RA
to
M1
Frederick Mall
08/10/94
Shaw
RA
to
RP
Frederick Mall
10/07/94
Shaw
RA
to
RP
(2) Rezonings Approved: (dates are BOS meeting dates)
None
(3) Rezonings Denied: (dates are BOS meeting dates)
None
(4) Conditional Use Permits Pending: (dates are,. submittal dates)
Mark E. Lowery
C. J. Funk
Anita Farmer
Donald Cook
Robin Dassler
07/13/94 Gaines
08/26/94 Gaines
09/9/94 Shaw
09/12/94 Ston
09/23/94 Gaines
Public Garage w/o
body repair
Fabrication Shop
Golf Course
Automobile Garage w/o
body repair
Private Dog Breeding
Kennel
(5) Conditional Use Permits A roved: dates are apDroval dates
None
(6) 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
Red Star Express Lines
05/24/91
Ston
Whse. Addition
84 Lumber
Shenandoah Gas Co.
Rosedale Baptist Church
Childrens Services of
Virginia, Inc.
Minute Wok
Regency Lakes Sec. C
Garber
Taco Bell
Kraft General Foods
2
01/26/94 Ston
04/12/94 Shaw
08/18/94 BkCk
09/23/94 Shaw
09/26/94 Shaw
07/25/94 Ston
07/26/94 Shaw
09/27/94 Gaines
10/06/94 Ston
Storage Addition
Offices
sales & service
Assembly Hall
Office Building
Restaurant Addition
Mobile Homes
Retail Commercial
Restaurant
Addition
(7) Site Plans Approved: (dates are approval dates)
NONE
(8) Subdivisions Pending: (dates are submittal dates)
Briarwood Est. 01/04/94 Ston
Harry Stimpson 09/23/94 Opeq
C. Douglas Adams 10/04/94 Shaw
Hampton Chase Sec. I 10/05/94 Ston
(9) 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 8 & 9 10/06/93 Opeq
Garber 09/07/94 Shaw
(10) PMDP Pending: (dates are submittal dates)
Fieldstone Heights 04/25/94
(11) PMDP Approved: (Dated are approval dates)
Star Fort
Garber
09/14/94
09/14/94
Ston
Gain
Shaw
(12) FMDP Pending Administrative Approval: dates are BOS approval
dates
Battlefield Partnership 04/08/92 BaCk
James R. Wilkins III 04/14/93 Shaw
Lake Front Apartments 06/08/94 Shaw
(13) Board of Zoning Appeals Applications Pending_(submit. dates)
Sherando Village LLC Lot 4 08/26/94 Opeq
Sherando Village LLC Lot 3 08/26/94 Opeq
David & Patsy Cress 09/19/94 Shaw
1E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #66 (Sept 15-30)
1. Transportation
Bob Watkins, Kris Tierney, and Evan Wyatt met with
representatives of G. W. Clifford & Associates to discuss the
Eastern Road Plan for Frederick County.
Evan Wyatt and Jerry Copp of VDOT met with citizens that
live along Adams Road (Rt. 689) to discuss incidental construction
improvements that will occur during the next fiscal year.
Evan Wyatt sent letters to the towns of Stephens City and
Middletown requesting appointments to the Frederick County
Transportation Committee.
2. Plan Reviews, Approvals, and Site Inspections:
Bob Watkins and Kris Tierney met with representatives of
the Silvers Company to discuss proposed changes to the Preston
Place Master Development Plan.
Evan Wyatt reviewed a site plan for an outdoor storage
shed addition at 84 Lumber, a site plan for Taco Bell, a master
development plan for Preston Place apartments and townhouses, and
a revised master development plan for Fieldstone Heights.
Evan Wyatt approved a revised site plan for Mobile
Chemical Company to enclose an outdoor storage area and relocate
the tractor trailer staging area, and a revised site plan for Cliff
Borden Trucks Parts.
Evan Wyatt conducted site inspections for the new
dormitory at Leary Educational Center, a new office facility for
Dodson Brothers Exterminating, and a new production addition at
DataLux.
Eric Lawrence reviewed a site plan for an addition to the
Kraft General Foods building in the Fort Collier Industrial Park.
3. Meetings
Bob Watkins met with Lee Perkins, RN from the Health
Department, to discuss growth trends in the County.
Wayne Miller, Evan Wyatt, and Matthew Hott met with
Sarkis Satian to discuss the completion of outstanding improvements
at the Lakeside Apartment Complex.
Evan Wyatt met with Matthew Hott to finalize contract
details for the Sherando Bicycle Facility ISTEA Grant.
Evan Wyatt met with Steve Gyurisin to discuss site plan
requirements for a new section at Regency Lakes, subdivision
requirements for property in the Airport Business Center, and
requirements for final master plan approval of Fieldstone Heights.
Evan Wyatt met with Andrew Boyd to discuss site plan
requirements for a proposed Child Service Center Office Building in
the Airport Business Center.
4. Professional Development
Jean Moore and Evan Wyatt conducted a planning seminar
that focused on residential subdivision requirements. The seminar
included a van tour of the Senseny Road corridor to demonstrate
examples of former and current design requirements.
5. Other
Evan Wyatt provided information to the Center for Public
Services to challenge the proposed population estimates for
Frederick County.
Eric Lawrence continued to respond to zoning ordinance
violations.
PC REVIEW: 10/19/94
SUBDIVISION APPLICATION 007-94
HARRY STIMPSON
LOCATION: West side of Town Run Lane (Route 1012), South of
Fairfax Pike (Route 277), East of Town of Stephens City.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 85-A-146 & 146A
PROPERTY ZONING & PRESENT USE: Zoned B2 (Business General) - land
use: Commercial
ADJOINING PROPERTY ZONING & USE:
land use: Commercial
PROPOSED USE: Motel
REVIEW AGENCY COMMENTS:
Zoned B2 (Business General) -
DEPARTMENT OF TRANSPORTATION: No objection to subdivision of
this property. Before development, this office will require
a complete set of construction plans for review. Entrances
will have to be constructed to VDOT minimum standards to allow
for safe egress and ingress of the property. Route 1085
should be added to the Stickley Drive right-of-way.
TOWN OF STEPHENS CITY: Traffic pattern @ or lanes at Route
277 and Route 1012 is very poor.
PLANNING AND ZONING: This proposed subdivision of 1.5152
acres from a larger tract of 14.9304 acres meets all the
requirements of the zoning and subdivision ordinances. Waiver
of the master plan requirement is recommended. Developmental
issues associated with this tract will be addressed at the
site plan stage.
STAFF RECOMMENDATION: Approval as presented.
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
r
Date:-September 9, 1994. Application #:"'c � �l Fee
Applicant/Agent: Mr.Stephen M. Gvurisin
Paid C\ 7 -2, C;
Address:
200
North Cameron Street
Winchester, Virginia
22601
Phone:
703-667-2139
fax 703-665-0493
Owners name:
Harm
F. Stimpson,
Jr Et Al
Address:
Boyce,
Virginia
22620
Phone: (703) 837-1378
Please list names of all owners, principals, and/or majority
.stockholders:
Harry F. Stimpson, Jr. Et Al
Contact person: Stephen M Qvurisin
Phone: (703) 667-2139
Name of Subdivision: Harry F. StiMpson, Jr. Et Al Minor Subdiv.
Number of Lots: 2 Total Acreage: 14.9277 Acres
Property Location: West side of Town Run Lane Route 1012 South
of Route 277 east of the Town of Stephens Cit lir inia
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District: Opeauon
Property Identification Number (PIN): 85-((A))-.146 and 146A
Property zoning and present use:B-2 Commercial
Adjoining property zoning and use:B-2 Commercial "` f
Has a Master Development Plan been submitted for this project?
Yes N/A No
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes N/A No
What was the MDP title?
Does the plat contain any changes from the approved MDP?
Yes N/A No
If yes, specify what changes. N/A
Minimum Lot Size (smallest lot):N A
Number and types of housing units in this development:
Number: N/A
Types: N/A
78
52
1 17
� ViCNIY MAP
LIS SCALE 1*=2000•
APPROVED BY
Planning Commission Do to
Subdivlsion Administrator
Frederick County Sanitation Authority
Virginia Department of Transportation Date
------ ------ - --- -
Board of Supervisors __—Date
OWNERS' CERTIFICATE
The above and foregoing Minor Subdivision of the land of Harry F. Stimpson, Jr.,
Et Al, as appears in the accompanying plat, is with the consent and in accordance with
the desires of the undersigned owners, proprietors and trustees, if any.
NOTARY PUBLIC
1,--- _ a Notary Public in and for the state of Virginia at large, do certify that
-- -------•--..___-- and _ whose names are signed
to the foregoing Owners' Certificate, have acknowledged the some before me in my state.
Given under my hand this day of _______- _____ 1994.>�r `
My commission expires _ —
c, — D
SURVEYOR'S CERTIFICATE
1 hereby certify That the land contained in this Minor Subdivision is a portiotr of the
land conveyed to Harry F. Stimpson, Jr., by deed dated 16 July 1973, said deed recQrded '
in the Office of the Clerk of the Circuit Court of Freder' ounty, ee
Virginia in Dd`$ook
413 at Page 303
Doug as C. Legge, L.S.
TM 85 ((A)) Pci 146 TM 85 ((A)) Pcl 146A
Zoned- 32 Zoned: B2 Final Plat for
Use: Vacant Use: Vacant
Minor Sub di vision
P�1 H p,r. Of The Land Of
��- f Harry F. Stimpson, Jr. Et AI
p Opequon Magisterial District
Pat: MS -94094. dwg Frederick County, Virginia
o CERTIFICATE NO. DATE: 8 September 1994 Cover Sheet Sheet 1 of 2
v 1197 D
gilbert w. clifford & associates, inc.
ENGINEERS – LAND PLANNERS – SURVEYORS
LAND 150—C Olde Greenwich Drive
SURVEYOR Fredericksburg, virginia 22401 200 North Cameron Street
(703) 891--2115 Winchester, Virginia 22601
(703) 667-21391
LINE DIREC710N]
Ll S 29W57- W
DISTANCE
43.22'
L2 S 453842" W
149.95'
L3 S 3322"16" W
37.50'
L4 S 7872'16" W
46.67'
L5 S 3322'16" W
50.00'
L6 S 074853" E
_
53.15'
L7—
S 56J744' E
1
7FS
No title report fumished.
Easements may exist that are not shown. 1b
Iron rods found or set at all property comers /
Boundary informatlon taken from plat of
•trey dated 1 August 1994 by David M. /
stenau, LS
a�
Pard 146
1.3.4125 Acres
N\
W
tT`c0_
V\
Town of Stephens City'
DB 296 – P 162
Zoned. • RA
Use: vacant
MINIMUM SETBACK REQUIREMENTS
Fron t = 35'
Side = 0'
Rear = 0'
TM 85 ((A)) Pcl 146
Zoned. B2
Use: vacant
7M 85 ((A)) Pcl 146A
Zoned.- B2
Use: vacon it
a CERTIFICATE rd
v 1197 D
Stephens City Motel
Associates, L.P_
DB610–P351
S Zoned.- 82
Use: Commercial
.0 000 29
5000-
L
o�
/o�
�
/ o° � R K\
K\
Q c
icy OQ�ac ��
�j 0 100 200 400
Graphic Scale in Feet
1"--200'
Final Plat for
Minor Sub di vision
Of The Land Of
Harry F. Stimpson, Jr. Et AI
Opequon Magisterial District
'lot: MS-94094.dwg Frederick County, Virginia
DATE: 24 August 1994 SCALE: 1"=200' Sheet 2 of 2
gilbert
ENGINEERS
LAND 150—C Olds Greenwich Drive
SURVEYOR Frederlcknburg, Virginia 22401
(703) 898-2115
w_ Clifford & associates, inc.
– LAND PLANNERS – SURVEYORS
200 North Cameron Street
Winchester, Vlrginla 22601
(703) 667-2139
Location Map for PIN; 85—A-146
Harry Stimpson
PC REVIEW: 10/19/94
SUBDIVISION APPLICATION #008-94
C. DOUGLAS ADAMS
LOCATION: North side of Airport Road (Route 645), West of the
Winchester Regional Airport and adjacent to Project Hope.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64 -A -45G
PROPERTY ZONING & PRESENT USE: Zoned B2 (Business General) - land
use: Commercial
ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General) -
land use: Commercial
PROPOSED USE: Child Services Center
REVIEW AGENCY COMMENTS:
DEPARTMENT OF TRANSPORTATION: No objection to the subdivision
of this property. Before development, this office will
require a complete set of construction plans for review.
Entrances will have to be constructed to VDOT minimum
standards to allow for safe egress and ingress of the
property.
PLANNING AND ZONING: This proposed subdivision is in
conformance with the approved master plan for the Airport
Business Center. This request meets all the requirements of
the zoning and subdivision ordinances.
STAFF RECOMMENDATION: Approval as presented.
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Date : Se tember 5 1994 Application #: �_ (_'•�� • c1 q Fee Paid...
Applicant/Agent: Mr.Ste hen M. G urisin
Address: 200 North Cameron Street
Winchester, Virginia 22601
Phone: 703-667-2139 fax 703-665-0493
Owners name: C. Douglas and Fern L Adams
Address: Airport Business Center, .Winchester, Va. 22601
Phone: (703) 662-7000
Please list names of all owners, principals, and/or majority
stockholders:
C. Douglas
and _Fern L Adams
--�
Contact,
person: Stephen M Gyurisin
+
•�?='�
�,�
Phone (
)
703667-2139
sicr,
Name of
Subdivision: C. Douglas
and
A.
Fern L. Minx. division.'
Number of
Lots:- 2'
Total
•�'
Acreage: 9. =_- �. Acres
Property
Location: North side of
VA.
Route 645 Airport Road
west of
the Winchester Regional
Airport
and adjacent to Proiect
Hope.
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District: Shawnee
Property Identification Number (PIN): 64- A -45G
Property zoning and present use : B-2 Commercial
Adjoining property zoning and use:B-2 Commercial --_
Has a Master Development Plan been submitted for this project?
Yes XX No
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes XX No
What was the MDP title? Airport Business Center
Does the plat contain any changes from the approved MDP?
Yes No XX
If yes, specify what changes. N/A
Minimum Lot Size (smallest lot):N A
Number and types of housing units in this development:
Number: N/A
Types: N/A
�,
� _off Qet-733r
rris W ni-750
!I f VECIN[Ty Al AP '1
SCALE: 1'2000`
APPROVED BY
Frederick County Board of Supervisors Date
Virginia Department of Transportation Date
Planning Commission Date
Subdivision Administrator Date
Frederick County Sanitation Authority Date
OWNERS' CERTIFICATE
The above and foregoing Minor St bdivision of the land of C. Douglas and Fern L.
Adams, as appears in the accompon.) ng plot, is with the consent and in accordance with
the desires of the undersigned owners, proprietors and trustees, if any.
NOTARY PUBLIC
1, a Notary Public in and for the state of Virginia at large,
do certify that and , whose names are signed
to the foregoing Owners' Certificate, hove acknowledged the some before me in my state.
Given under my hand this day of 1994
My commission expires
SURVEYOR'S CERTIFICATE
/ hereby certify that the land contained in this Minor Subdivision is a portion of the land
conveyed to C. Douglas and Fern L. Adams by deed dated 27 June 1987, said deed recorded
in the Office
of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 653
at Page 763
and all of the land designated as Parcel 3 on the plat recorded in Deed Book 727
at Page 208.
TM 64 ((A)) Pcl 45D
Zoned. B2
Douglas C. e, L. S.
Use: Vccan t
TM 64 ((A)) Pcl 45G
l
Zoned: B2
Final Plat for
Use. vacant
Minor Sub di vision
`.-T H pF
Of The Land Of
�P f
C. Do ugl a s and Fern L
Shawnee Mogisterial District��
Frederick County, Virginia `' ' fin
-------
C3 CE TIFICATE NO.
DATE: 31 August 1994
�•
Cover Sheet Sheet 1
v 1197
� - —
gilbert w. Clifford & associates, inc.
8�3I
ENGINEERS - LAND PLANNERS - SURVEYORS
LA
SURVEYOR
150—C Olde Greenwich Drive 200 North Cameron Street
Fredericksburg. Virginia 22401 Winchester. Virginia 22501
(703) 898-2115 (703) 667-2139
Cooper —
Zoned- RA
Use. Residential
Parcel 2
22.011 Acres
C. Douglas and Fern L. Adams /
Zoned. MY
Use: Vacant
\ 0
\ �F vpQPoi`°\
(° e x
8�
°\
mm sf\ e
to
h� a�
s % 1. _
ye'o / i
St9L:
Pc/ 450 �r \ �� oma, J5° b �ey� �'"z ? '�•';�'
8.052 Acres
h�.af \\ tied '`q fie,
6`-
N8032w� o�'oo Pc/ 45G
�' 1.500 Acres \
e 80
.RoutsO . �,
645 0
tk
80' R�W `�ll�o 'LS \\ The People to People Health Foundation
r� X00 Project Hope
Zone& Ut I
Use: Office
NOTES.
1. No title report furnished
2. Easements may exist that are not shown.
J. Iron rods found or set at all property corners.
MINIMUM SETBACK REQUIREMENT.
Fron t - 35"
0 100 200 400
rM 64 ((A)) Pc/ 45D mow
.oned.• B2 Graphic Scale in Feet
Ise: Vocan t
1 "=200"
if 64 ((A)) Pcl 45G
'oned: 82 Final Plat for
Ise: '/acorn t Minor Subdivision
P�3 H OF Of The Land Of
r C. Douglas and Fern L. Adams
Shawnee Magisterial District
A00 Frederick County, Virginia
0 CERTIFICATE N DATE: 31 August 1994 SCALE: 1"=200' Sheet 2 of 2
01 v 119
gilbert w. Clifford & associates, inc.
ENGINEERS - LAND PLANNERS -- SURVEYORS
AN 150-C Olde Greenwich Drive 200 North Cameron Street
SURVEYOR Fredericksburg. Virginia 22401 Winchester, Virginia 22601
(703) 898-2115 (703) 667-2139
9 88 y /�
/ \ i
3z
2
A4 E) A,
s a BM 733is
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pP r+ ^.Jy
74 B(, f1-79 ;bb 3 11
��
R )6 b 75 i
m r,
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ry i
h
>� as. 777 w � \ 45E ��na10 M Glr
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92
I
n n X41) Q
45C ^ry'
4 Airport Road 45A 45D
o Dc��j
6
z 45 t 4
13� , 4 B S
Qry
ss �'
e 90.
o, 40
14
,. See 41
C',
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-
IM 2.
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m. 1
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17 �s 4 w .s w .r .s jO
2 AA
' See 45
+ 43
Location Map for PIN; 64—A -45D
C,Douglas Adams
COUNTY of FREDERICK
Department of Planning and Development
703 /665-5651
Fax 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: W. Wayne Miller, Zoning Administrator
RE: Informal Discussion Regarding Proposed Amendments To Article XIV, FP
Floodplain Districts, Of The Frederick County Zoning Ordinance
DATE: October 6, 1994
The Development Review and Regulations Subcommittee (DRRS) considered the possibility of
allowing recreational vehicles within floodplain areas during their September meeting. This
discussion came as a result of a potential violation being identified by Mr. William A. Kalberer,
FEMA Inspector (please see attached FEMA Community Visit Report dated 5/19194). In
particular, the North South Skirmish Association (NSSA) site has recreational vehicles that are
located in the floodplain portion of this property. Mr. Kalberer was informed that some of the
recreational vehicles remain in the floodplain area for extended periods of time.
Frederick County amended the Zoning Ordinance on August 12, 1992 to ensure compliance with
FEMA regulations. These amendments were necessary to enable Frederick County to participate
in the National Flood Insurance Program (NFIP). Section 165-106F of the Zoning Ordinance
currently prohibits recreational vehicles within floodplain districts.
The DRRS considered two options. The first option is to maintain the current requirements.
Under this option, the Planning Department would inspect property and enforce the Zoning
Ordinance on a complaint basis. The second option would allow recreational vehicles provided
that certain performance standards were met. These standards would ensure compliance with
Section 60.3 of the NFIP regulations.
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
Page -2-
PC Memo
October 6, 1994
The DRRS was not opposed to an ordinance amendment that would create performance
standards; however, they felt that this item should be forwarded to the full Planning Commission
for informal discussion. If the Planning Commission believes that it is appropriate to proceed
in this fashion, staff offers the proposed amendment:
165-106F. Recreational vehicles are permitted to be parked in the floodplain district provided
the following conditions are met:
1) The recreational vehicle is fully licensed.
2) The recreational vehicle is installed on wheels and ready for highway use.
3) The recreational vehicle is attached to the site only by quick disconnect type
utilities and security devices.
4) The recreational vehicle has no permanently attached additions.
Staff asks that the Planning Commission consider this item and provide direction as to how this
issue should be addressed.
FW'R" EMERGENCY MANAGEAAERT AGENCY
c�.AA M •V0. 3067-0198
COMMUNITY VISIT i2T ErprresmovemberIa. 1991
Public recornnq ouraen for searcnrrs PUBUCilEPQIMNG 3URDEN
Federal ageneses in artier for mesa g eaaetng �� sources, gathannq me
data needed, and prowdinq the utformavon to FEMA. States or arner
Report. Sena comments regarding. ageneses d COmateatKie or he fares is esa of t"j to take an average df tWO to four hOWS for the Ctarnmunrty visit
Emergency Agencj. 580 C Street- S.W. wasningto�a(L 20a7� aasnodtoto the Office orMuf Mona Intomtauon Colleoapns Management Federal
(3067.0198). wasnington. O.C. 2a%3. g ens and Sud9et. Paoerwort Reduccon ProleCt
INsrRucrcQNs
A Community Visit Report indicating the findings must be completed after each Community visit The report should
not be completed during the meeting with the local offrrdals or provided to the local officials to complete. Should
Community visit Report and any other relevant dacismentatiort should be campfeted and on file in the F=.'1rhie
AA
regional Office within 30 days from the date or"the visit,
Section i and Section fit - Part and Part 8 - Self-expianatery.
Section 11 - "Name of Local official' is the name or the designated local aff�cial with the resloonsibill
and the means to imolemerrt the NFiP requirements 'Address' and "Telephone Number, res' is the addressor
telepnone number of the local official. Attach a list of all attendees. and
Section IV - This section indicates the date that the CAV is dosed. A CAV Can be considered dosed when all program
deficiencies have been cOrracted and violations identified have been remedied to she maximum extent possible, and
all follow- up action(s) have been Completed. The date the CAV is dosed will be Completed and initialed by the
FEIMA regional office ONLY.
Attach any other documentation related to the visit, e.g., chronology of cigntacts. Cones
pondenca, resolution of issues, community ordinance.
SECTION I
I. NAME OF COmmtjNiry L STATE
GI1111rS
S. VISIT CONOUC; :] 8Y ! 6. AGENCr
�L L i q^% A. ?/at j4�'Q1=7 fr
8. NAME OF LOCAL OFF#QAL
R. WhYA/F
i0. AOoAFSS OF LOCAL OFFICIAL
ZcNirvG f7,O��,v,sfR�TaR
3. COMMUNITY ID NUMBER
S/csoG�
OW
SEcricm n
=. COUNTY
Fz5--6Err c<
7. DAT$ OF VISIT
/9. TELEPHONE NO. I
ATl.4Gl �a uST OFTf rE
AT7ENCEES
PART A: RefertoPeSD s 14116. gt30h 6-2b in the NFIP Guidance for CO ducts q CAC -1 and C.Av's for guidance in comolevn
aoorooriareresaonse gquesvons i -a. GrUe
1. Are there problems with the eommunity'l floodplain management regulat,,ml I
Serious I
nMinor i None
Z- Are thene problems with th! commuity's adrministaative and gntiorcamenc
«edUres? I Serious I Minot ! None
3. Are thereengineering or other problems with the neaps or Flood Insurance Study? I
Serious I Ntinor I Mane
4. Are there any other problem= in the cpmmunirY's ftOOdWain management program?
I Slnous I Minor I Nane
S. die there any problems with the Biennial Report data? (Arrack a cony snowrnq rhe uped dataiennrar
Re0ortrniormatron) YES NO
�cs�s�B.CY
6. Are there any programmatic isSUft or problems idengfiedI
7 (PragrammatYCRrooremsmay relate to rhe
nalocn or region as a whore. nor merely to an,ndjviduar comrnunrry) YES ,NQ
7. Are there any Portenaai violation -sI I
at the mmmunity's floodplain management regulations (Checlr apprvpriare ategory/
A potential violation or violations hasrhave been identified.
No uiolaaOns have been idenarred.
Anions are being taken on the Pan of the camMunity to remedy the vialation(s) identtfied during the CAv.
For each stniCTure idennhed as a Cotenttal violanon. attach apprOprrate documentation aer the guidance orovided in tuboaragraon S -2d of rhe
NrIP Guidance for Cinaucnnq CJrnmuMM ALfistante ContaCtS and Communrry Assistance Vilits.
FEMA Formdi-ja.Aug s9
Frederic:: Ccun_:. (Sioo51 ) 5/1`3/32
Co 41i tI a�Y •
snt__ ed t e regular progr am v u
17, 1978. .Th. 9V were last visitad , -
discrepancies wets identi�ied at that a. r Y' ��4. o
gram 10 in 91) t=m l�ev havz I (up
28 _' , 000 , �o_i_t- „holders . insured co�-eraga Lots=
innua.1 remi=s COt3? S17,019- c • S
=? aiws paid were
S125,71.1. to l _7 Si -Ice 1978 total
> j alma ca . 711ev `_lave an
est;_aL_ of ..29 ( Chair i�77 ?-nnual reL =rt stat?1 _�9 }
households in the iyoadpld__^_..
report they have , A.ccording to the Dcn_nelly
_7 . _74 square miles of i? or -j=? 3 . - r!. o
repetitive loss properties ha�-e been ident'_=led by FTA I.n the
event they are intarested in the Comm'_�itF• Rating System.
Their -ordinance is compliant. . c:it`I 50.3 (d) of the ne��
regulations -'per FE_1r}_
2. Part
_ 10-0 e__Ii is or varianc?s have been _ss.aed
-the ` oodpla=n-since the last visit. �_
dur4^g =4o siiZd3`�=:�;d C „"eT cptient was Rote -4
sur--2�-; however. during the winds::__--
surVe- the Agency Representative ( R) di A -,*_=--
panel 50 where a did L_ _ an area On,
large contingent ci recreat_ora_
vehicles/manufactured homes c:ers congregated ,
along ?ac Cram. -- the floodplain
rha `orth South Sfiirmish Ass:.c_ator, (X.Ssl)
holds numerous ;Meetings +» this area throes''�? $pr;ilg and
summe` `=edetic` t:oun~�- z r -^1t --
sta--es that Rec. 9ational ?ehi��Ot.._nance, 5a^lint _4G _tr?c
meT.b:_- S'a Cha_ $c
cnn---� 'L_ :- � %-3a
L- d:: _ 3 } I _' r.. sane : �.- o.a C
are pared _Z t::e *pl= Ch ` ::a. 4 ---
iidt_:.^.a1 « - _ 3;:? •'�C '_n t-_nl� -'.�- '::
Flood _nsuranc-a 'rogram (�.- _D} �c 1`-L- ••
Ir -2 r _ at_C'ns as l ^n.- asthey dc. Zl-:^. :33�'_ _^_ ! i•}";a� _$� .":'':2:'?_
None
Tnc .,1�_^ t',• :1f _ _:'..�.� aS �:QI: a�� _a`F+j �., C�_ �-
counC�e's ordinal•+,_e, and theli
-Iet_—C g5
..nenc pe rm1. _
Certificates and telephone aum er tc obtain add_t_onal forms,
if needed (1-800-638-66201. Also provided thrse Iechnica�
Bulletins (1,2,& 3), TOD-1, RSD -L, substantial improvement
wOrksh_ec, and a summary of the CRS Program. +so Left a
model floodplain ordinance that s:il_ meet minimum NF. -M
requ-4reme.its of paragraph 60.3(d) of the "F'rz r gul at=oms.
Sent a c^p_r of 60.3 -- Flood plain managemen= cr;Lar:a fpr
fload prone areas with 'Chia report .
8. Community Action deeded:
}• The,County ordinance must either be enforced or amended wit:
reference to'the recreational vehicles/manuf actured homes discussed
within paragraph two above. :. If amended pay part;pular atte:xtion to
Paragraphs 60.3 (b) (1) and (_) ; 60.3 (c) (6) , (12) , and (ls) �of the
YFIP regulations. Recommend using the model ordinance fe'- guidance
and send us a drat copy Pr= -_r to Board approval action.
B. Send an answer as to what you intend to do"about this problem
by July- L, 1994 to the Division of Soil and dater 'Coaservat_cn,
Floodplain Programs,. 203 Governor Street, Richmond, Ca. 23213 and
a time frame eYpected.to accomplish correct4ve action.
§ 60.3
lc)(e) Of tills section be elevated s
that either
(1) 1 -he lowest floor of the manufRe
lured home Is at or above the bas
flood elevaldo►►, or
111► The ►nal►ufaclured Ilone clla331
is supported by relnlorced piers or
other foundation elentents of at least
cqulvafeslt strength that are uo leas
than 36 Inches In height above grade
and be securely Anchored to an ade-
quately anchored foundation system
to rr-sisl lloninilon, collapse, and later.
al movement.
t13) Notwltlksl.andl►lg ally other pro-
vistons of 160.3. a conl►nurnlly fully Ap.
prove certahl development In Zones
Ai -30. AS. and All, on the con►munl-
ty'+ FIRM wikich Increase tl►e water
amlace. elevaltoil 01 the base flood by
mote than ore foot, provided tl►at lite
cornu►unity first applles for a coudl-
tioual FIRM revision, 1'1111114 the re.
quirements (or such a revision 11s es-
tablished under tike provls10113 of
165.12. old receives the approval of
Lite Adukh►istrator.
(14) Require that recreational vehi-
cles placed on sites within Zones A1-
30. All. and At: on the community's
FIRM either
if) ne on the site for fewer than 180
cotlsecuth'e days,
(11) Be fully licensed and ready for
I11Rliway use. or
(lli) Meet lite permit requirements of
paragrapi► 1b)(1) of this sectlott and
Tile elevation and anchoring require-
ments for "manufactured homes" In
paragrnph (cite) of this section.
A recrentional vehicle is ready for
highway use t1, it Is 011 Ila whccl4 or
Jacking systeln, 13 atlaehPd to the site
only by quick discoutnect type ui.11illes
at►d FecurUy devices, and leas no per-
manently Attached additions.
td) When the Aduubilsttatur has pro-
vided a notice of filial base flood eleva-
liow within Zones Al -30 and/or AS
On the community's FIRM and, 11 AP-
pioprlate, has designated AO zones.
All zones. A99 zones, and A zones of
the coninuillly's FIRM, and has pro.
vided data fro►n wttich the, cotnmutilty
shall designate Ila regulatory flood -
way, like commmilty Shall:
(1) t+lc .t the requirements of para-
8rap1►s (c) t1) through (14) of tills sec -
loll;
44 CFR Ch. 1 (10-1-90 Edition)
ISO
(2) Select and adopt a regulatory
lloodway based on the principle tl►at
like area chosen for the regulatory
e lloodway must be dealgned to carry
tine wafers of the ba3e'liood, wttilout
s oifclhattrfl olte d snorerthanace tellootlart
any point.;
(3)1 e
Ing 1111, tllli!?9Ctttilt:q Includ•
ew �ocrr. tt,^., a ii411ZteJ
.34" unless It has been demonstrated
tlkro►iel► hydrologic nod hydra elle
analyses performed i11 accordance will,
standard engineering practice that Lite
Ilropuacd encroacliment would not
result In any Increase In flood levels
Within the cutnmunity during the oc-
currence of the base flood discharge;
(4) Notwithstanding any other provi.
slot's of 100.3, a conunurdty may
Penn!! encroachments wItlnln the
adopted regulatory lloodway that
would result h, All Increase ht base
flood elevations, provided that the
COinmtmllY first applies for a condi-
lluual F'lRbf And fioudway revlslott
1111/1113 the requlrenients for such revi,
-
5101's 94 e3tabilaiked under the provl-
310113 of 165.12. and receives the ap-
proval of the Administrator.
(e) When the Adnihnlstrator has pro-
vided a notice of final base flood eleva-
tio►s within Zones Al -30 and/or AS
on the community's FIRM slid. 11 ap-'
proprlale, hsa designated All zones,
AO zones, A99 zones, and A zones oil
lite cn►nmunity's FIRM, and 1►as Iden -
tilled on lire community's FIRM coast-
al 111811 hazard areas by designating
Zones V1-30, VE, and/or V. the coin-
nkui►Ity shall:
( 1) deet Lisa requlreinertt3 of para•
grapl►s (c)(1) thtough (14) of tills see -
tion;
f2) Within Zones Vi -30. VE, and V
Oil a community's FIRM, (1 ) obtain
lite elevation tin relation to mean sea
level) of lite bottom of the Inwest
struciwal n►einber of lite lowest floor
(excluding pilings and colunuls) of ail
new and subfthill lally improved strinc-
lures, and whether or not such alrue-
tures contain A baserlient, and (ui)
nkalnlah► a record of all such inlotfua-
tlon with the Official designated by
like cutnmunity under 1 59.22(a)(0)t111);
Federal Emergency Management Agency
(3) Provide that all new construction
Within Zones VI -30, VE, and V oil file
eommlu►!ty's FUtM Is located land.
watd of the reach of mean high tide;
(4) Provide that all new coils trl►c(101,
and substantial linprovements lit
Zones VI -30 and VE, and also Zone V
It base flood elevation data Is avail.
able, on llle comnlunity's FIRM. are
elevated on pilings and cOlutniks so
that (1) Lite bottom of the lowest horl-
tuntal structural member of the
lowest floor (excluding tl►e pilings or
cOltinuis) is elevated to or above the
base flood level; and (11) flue pile or
COIUnIn foundation and structure at-
tached thereto !s anchored to resist
1101,111,1011, collapse and lateral move
meat due to tyle effects of wind and
water loads acting ahnultaneously on
All building components. Water load-
ing values used shall be those auticlat-
ed with the base flood. Wind loading
values used shall be those required by
Applicable State or local building
standards. A registered professional
engineer or Architect shall develop or
review tine structural design, speclllca-
r tions s►kd plans for the construction,
and shall certify that the design and
fuethotL9 of construction to be used are
III accordance with accepted standards
Of practice for meeting the provisions
Of pAragrsptks (e)(4)(1) and (IU of this
section.
(8) Provide that all new comitruction
told substantial Improvement' witinln
Zones VI -30, VE, and V on the conn-
suul►Ily's FIRM have tine apace below
tine lowest floor either free of obstruc-
tion or constructed with non -support -
Ing breakaway wails. open wood lat-
tice -work, or Insect screening intended
to collapse under wind end water loads
wlthout cA'1sfilg collapse, displace-
ment, or other structural damage to
the elevated portion of the building or
Supporting foundation system. For the
purposes of this section, a breakway
wall shall have a design sale loading
resistance of not less titan 10 and no
snore than 20 pounds per square tool.
Use of breakway walls which exceed a
design sale loading resistance of 20
pounds per square loot (eltl►er by
design or when so requlred by local or
State codes) may be permitted only 11
a registered professional englueer or
architect certifies that tike designs
160.3
Proposed meet the following condl-
tlo)ls.
(1) breakaway wall collapse shall
result froth a water load less than that
wl►Icln would occur dutiug the base
flood; and,
(11) The elevated portion of lite
building and supporting (osindatlan
system shall slot be subject to collapse,
displacement, Of other structural
damage due to tike effects of wind and
wai.er loads acting slnudlaneously on
all building coo►ponent3 tEtructural
and Sloss -stir uctulall. Water loading
values used ahall be t1►O3e associated
wit!► the base flood. Wind loading
values used 11119!1 be those requlred by
apPllcable State or local building
standards.
Such enclosed space shall be useable
solely for parking of vehicles. building
access, or storage.
(6) Prohibit the use of fill for struc-
tural support of buildings within
Zones VI -30, VE, acid V on tt►e con►
Intu►ily's FIRM;
(7) Prohlblt man-made alteration of
sand dunes slid mangrove stands
withlu Zones VI -30. VE, and V on the
cuu►nrtu►lty's FIRM which would In-
crease potential flood damage.
(8) Require that manufactured
lkon►es Placed or substantially ink -
proved within Zones VI -30, V. and VE:
on the community's FIRM on sites
(1) Outside of a inanufactured home
park or subdivision.
(ui) In a uP,w ►nanufactured hone
park or subdivision,
(lli) in all expar►sfon to a11 existing
manufacLuted home park or subdivi-
sloit, or
(10 In An existing manufactured
home park or subdivision on w 111ch a
manufactured home has Incurred
'• substantial damage" as the result of
a flood.
Meet line standards of psragrapl►s
(e)(2) through (7) of tills section and
that manufactured homes placed or
substantially Improved on usher sites
In an exl3ting manufactured t►oute
park or subdivision within Zones VI -
30, V. and VE oft the commurthy's
F'114 meet Like rcqulretneuls of pnra-
grApl► (c)(121 of this section.
(9) Require that recreational vehi-
cles placed on sites within Zones VI-
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703/678-0682
TO: Planning Commission Members
FROM: Kris C. Tierney, Deputy Planning Director
RE: Request for Support of Proposal to Designate Route 55 as a Virginia Byway.
DATE: October 6, 1994
Attached is a letter and supporting materials from John R. Davey, Jr., with the Department
of Conservation and Recreation, to John Riley requesting the County's support for the
proposal to designate Route 55 a Virginia Byway.
The Commission may wish to make a recommendation in support or opposition to the
designation to the Board of Supervisors.
Please let me know if you have any questions.
KCT/dre
Attachment
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
ADMINI.S I RATION
NATURAJ. HERITAGE
H. Kirby Burch v Y MANNING AND RECREATION RE.SOtIRC:FS
Department Director 5011. AND WATER CONSERVATION
SPATE PARKS
ilk
COMMONWEALTH of VIRGINIA
DEPARTMENT OF CONSERVATION AND RECREATION
DIVISION OF PLANNING AND RECREATION RESOURCES
203 Governor Street, Suite 326
TDD (804) 786-2121 Richmond, Virginia 23219-2010 (804) 786-2556 FAX899
August 12, 1994 r
John R. Riley, Jr.
County Administrator == '
P.O. Box 601 �r f
Winchester, Virginia 22604 `� i �� _ `I�`0
Dear Mr. Riley:
Earlier this year two different citizen groups requested that Route 55 be
considered for designation as a Virginia Byway. Subsequently, The Department
of Transportation and our staff have evaluated the corridor between Route 29
and the West Virginia State Line and found that it qualifies for inclusion in
the Virginia Byway System. However, before we can proceed with the designa-
tion process, we need to obtain information about the County's comprehensive
plans and zoning. We also need the endorsement of the Board of Supervisors.
Will you ask the County Planning Staff to provide excerpts from your
comprehensive plan that are related to existing and future uses of the Route
55 Corridor as well as the goals and objectives. The adopted Criteria and
Procedures require the endorsement of the local governing body (ies),
therefore, we would appreciate it if we could obtain a resolution of support
for the concept of Virginia Byway designation for the section of Route 55
through Frederick County. This information can be sent to the above address.
The enclosed Byway Management Guide may help to answer your questions about
this issue. If there are additional questions, or you need more information,
contact Derral Jones of our staff, who has responsibility for the project.
His phone number is (804) 786 9042.
Thank you for your assistance with this issue.
Sincerely,
l
�&hn R. Davy, Jr.
Planning Bureau Manager
CDJ/km
cc: Earl Robb, VDOT Environmental Engineer
Anthony P. Coogan
John R. Kapp, Mayor, Town of Haymarket
J03878/PRR
COMMONWEALTH of VIRGINIA
A guide for
Virginia Byway Management
Reprint, July 1993
Department of Conservation and Recreation
203 Governor Street, Suite 206
Richmond, VA 23219-2094
Phone (804) 786-2064
ko -%-N-ODCR
Department of Conservation & Recreation
CONSERVING VIRGINIA'S NATURAL AND RECREATIONAL RESOURCES
Table of contents
I. Summary ...................................................................................... ...........1
II. Introduction....................................................................................................2
M. Definitions
ScenicHighway.......................................................................
VirginiaByway.........................................................................................3
IV. Virginia Byway criteria and procedures
A. Adopted criteria .................................................. ...4
.................
B. Procedures for designation ................................................
C. Procedures for designation revocation ................................................. 6
V. State programs to assist in corridor conservation
A. Outdoor advertising..............................................................................'7
B. Junkyard law.................................................................... ... 8
C. Adopt-a-Highway............................................................................ . 8
D. Virginia Land Use Taxation Act ...................................... 9
..............
E. Agriculture and Forestral District Act .................... .......................10
F. Virginia Outdoors Foundation...................................................... 11
G. Virginia Historic Landmarks.............................................................. 12
H. Natural Heritage program........................................................ ..........12
I. Virginia's Litter Control program ............................................. ..........13
J. Abandoned or Inoperative Motor Vehicle Law ........................... ...13
VI. Examples of local land use plans related to Virginia Byways
A. Loudoun County ...................................................................... ..........15
B. Albemarle County ............................................. ......16
VII. Conclusion.............................................................. ............19
VIII. List of contacts............................................................... ...20
IX. Appendices
Appendix 1 • History .............................................. .......21
.........................
Appendix 2 • Map of proposed system ...................................................22
Appendix 3 • List of designated routes .....................
Appendix 4 • CTB resolution ............................................. ..... 25
I. Summary
Protecting Virginia Byways — a local issue
The purpose of the Virginia Byways program under §33.1-62 et seq of the Code of Virginia is
to identify outstanding road segments, and to conserve them for the enjoyment of all Virginians as
well as out-of-state visitors. The legislation is a mechanism to provide official recognition of unique
road corridors. While the Virginia Byway program provides the official recognition for road seg-
ments, it does not provide for protection of the adjacent corridor. Instead, local land use controls
have been relied upon to conserve the unique character of the Virginia Byway corridor. Numerous
approaches have been used successfully by localities to conserve the scenic and historic integrity of
these roads, at the same time allowing compatible developments to occur. Also, there are a number
of state laws in existence that, while not specifically aimed at scenic road conservation, can aid
localities as they contemplate measures to help conserve the unique qualities and natural beauty
found along the roadways of the commonwealth.
This report describes Virginia's criteria and procedures for designating Scenic Highways and
Virginia Byways, and 10 state programs that can assist localities in the development of conservation
measures for Virginia Byways. Each locality must work within the framework of local goals and
objectives in protecting those values which caused their roads to be identified as worthy of statewide
recognition through the Virginia Byways system.
II. Introduction
The commonwealth has many miles of roads that traverse areas of exceptional beauty and
outstanding historic interest. In recent years, there has been considerable support to bring these roads
together in a Scenic Highways/Virginia Byways system. The system would give official recognition
to the outstanding qualities of designated roads and, at the same time, encourage local government to
adopt land -use measures to protect these resources for the enjoyment of future generations. The full
potential of these highway -related resources can be realized only if localities of the commonwealth
are prepared to take the steps necessary to strengthen land use controls and clean up the undesirable
elements along Virginia's scenic roads.
Many localities considering endorsing a proposed Virginia Byway question if state -imposed
restrictions come with the designation. The answer is no; all land use controls are decided upon and
applied at the local level within the framework of govemmental goals and objectives. Local land -use
controls have been relied upon to conserve the unique character of Virginia Byway environs. A
variety of devices has been used by localities to conserve the scenic and historic integrity of these
roads, while allowing compatible development to occur. Such devices include low density residential
zoning with frontage and setback requirements, agricultural and conservation zoning, outdoor sign
ordinances, structural facade treatment, and special landscape treatment.
Other state programs can also aid localities as they attempt to conserve their most scenic and
historic road corridors while permitting orderly growth.
The Virginia Byway Management guide is designed to help local governments conserve charac-
teristics of designated Virginia Byway resources in their localities. This report will furnish localities
ideas for incorporation into their planning processes. The information provided will ensure many
significant scenic, historic, cultural and recreational resources remain available for Virginians to
enjoy into the future. The report does not contain mandates, nor does it impose restrictions, from
state government.
2
Ill. Definition of Virginia Byways and Scenic Highways
In 1966, the General Assembly passed the Scenic Highway and Virginia Byways Act authoriz-
ing the Commonwealth Transportation Board, in cooperation with Virginia's Department of Conser-
vation and Recreation MCR), to designate certain outstanding roads as Virginia Byways or Scenic
Highways. (See definition in legislation below.) Virginia Byways have the potential to become the
strongest element of the scenic roads program in Virginia, since opportunities for Scenic Highways
are limited to protected areas such as existing state or national parks, national forests and other
protected corridors.
The Virginia Byways legislation was designed as a recognition act and as such, places no land -
use restrictions or controls upon a designated byway corridor. The only provision made in the law is
that preference be given "...to corridors controlled by zoning or otherwise, so as to reasonably
protect the aesthetic or cultural value of the highway." The state obtains no land -use controls, im-
plied or otherwise, through the process of designating state roads as Virginia Byways.
Legislation
it
Scenic Highways and Virginia Byways
§.33.1-62. Designation - The Commonwealth Transportation [Board] is hereby authorized to designate any
highway as a scenic highway or as a Virginia byway. This designation shall be made in cooperation with the
Director of Conservation and Recreation. Prior to designation, the local governing body and local planning
commission, if any, in each county or city wherein the proposed scenic highway or Virginia byway is located
shall be given notice and, upon request by any of the local governing bodies, the Commonwealth Transportation
[Board] shall hold a hearing in one of the counties or cities wherein the proposed scenic highway or Virginia
byway is located. (Code 1950, §.33-43; 1966, c.11; 1970. c.322; 1974. c.319; 1984, c.739. )
§.33.1-63. "Virginia Byway" defined; preference in selecting for the purposes of this article, a "Virginia
byway" is defined as a road, designated as such by the Commonwealth Transportation Board having relatively
high aesthetic or cultural value, leading to or within areas of historical, natural or recreational significance. In
selecting a Virginia Byway, the Commonwealth Transportation Board and the Director of Conservation and
Recreation shall give preference to corridors controlled by zoning or otherwise so as to reasonably protect the
aesthetic or cultural value of the highway.
(Code 1950), §.33-43.2; 1966, c.11; 1970, c.322; 1984, c.739.)
$.33.1-64. "Scenic Highway" defined - For the purpose of this article, a "Scenic Highway" is defined as a road
designated as such by the Commonwealth Transportation Board, within a protected scenic corridor located,
designed and constructed so as to preserve and enhance the natural beauty and cultural value of the countryside.
(Code 1950, §.33-43.3; 1966, c.11; 1970, c.322.)
§.33.1-6. Signs - When the Commonwealth Transportation Board designates a highway as a Scenic Highway or
as a Virginia Byway, it shall be appropriately signed as such. (Code 1950, §.3343.3; 1966, c.11, 1970, c.322.)
$33.1-66. Acquisition of adjacent land. - When the Commonwealth Transportation Board has designated a
highway as a Virginia Byway or as a Scenic Highway, the Department of Transportation Commissioner may
acquire by gift or purchase such land, or interests therein, of primary importance for the preservation of natural
beauty adjacent to scenic highways. (Code 1950, §.2243.5; 1966, c.11; 1970, c.322.)
3
IV. Virginia Byway criteria and procedures
The designation process of a Virginia B .ua.,
citizen's request; or b) governmental action b the Department � urinated by. a) a locality,
ty, or chador
Virginia's Department of Transportation. Once a request h-- b n Conservation and Recreador
men, of Transportation undertake a field survey to determine whetherethe d, the DCR
Md the L
physical criteria for designation. y(s) meet the
The localities should signify that they are interested in the Virginia Byway designation
any further steps are taken by the commonwealth. Usuall the DCR any
supporting Virginia Byway designation from the board of supervisors be forty ded to Richmo�r.
Part of the record. so
Once Official assurances are received, DCR's planning and recreation resources division
Ines the significance of historic sites along the corridor as well as local zoning and tour ex
Plans. If a road under evaluation meets the adopted criteria, the director of DCR will recorehe enc
the commissioner of the Department of Transportation that the Commonwealth Transportation
anon
Board consider the road for designation. P nation
mm
The Virginia Department of Transportation staff reviews the information and ex resses to
board its views about designation. The Commonwealth Transportation Board makes the f tr
urination as to whether a roadway should be designated. nal detr
A. Adopted criteria
To be considered for designation as a Virginia Byway, a segment of road must substantially
meet the following physical criteria: ally
• The route provides important scenic values and experiences.
• There is a diversity of experiences, as in transition from one landscape scene to another.
• The route links together or provides access to significant scenic, scientific, historic or r
ational points. etre
• The route bypasses major roads or provides opportunity to leave high-speed routes for
and leisure in motoring, variety
• Landscape control or management along the route is feasible.
• The route affords opportunities for the provision of features which will enhance the mo
enjoyment of the byway and provide for the improved safety of the visitor. torist's
• The route contributes to good distribution within elements of the Scenic Highwa an
Byway system. Y d � .nia
4
• Local government(s) has/have initiated zoning or other land -use controls, so as to reasonably
protect the aesthetic and cultural value of the highway.
If onsite inspection shows that the road(s) meets the physical criteria, the DCR prepares a
report for its director.
B. Procedures for designation
The DCR and the Virginia Department of Transportation will jointly:
• Initiate the study of a potential Scenic Highway or Virginia Byway as a measure implementing
the Virginia Outdoors Plan or upon the request of a local governing body (or citizen group).
• Make on-site inspection of the route to determine if it meets the physical criteria.
• Request a resolution or other assurance, indicating that the local governing body (bodies) is
interested in scenic designation.
• Develop evaluation processes which will ensure that the historic, recreational, cultural or
scenic resources, as envisioned by the authors of Section 33.1-62 et sequence of the Code of
Virginia, are present in the corridor. Also, that local units of government have comprehensive
plans or zoning in place that will contribute to the reasonable protection of the cultural or
scenic value of the highway.
The director of the DCR will:
• Coordinate within the department, with Virginia's Department of Historic Resources, the
Virginia Outdoors Foundation, and other appropriate state agencies to determine the location
and significance of historic sites and other natural resources in close proximity to the road
corridor.
• Determine that comprehensive planning programs and zoning of the locality are consistent with
the management objectives established for Scenic Highways or Virginia Byways.
• Recommend the designation of the potential Scenic Highway or Virginia Byway to the Com-
monwealth Transportation Board through the commissioner of the Department of Transporta-
tion.
The commissioner of the Department of Transportation will:
• Submit potential Scenic Highways or Virginia Byways proposals recommended by the director
of the DCR to the Commonwealth Transportation Board for its consideration.
• Advise the director of the DCR of board action.
• Work with the local governing agency to achieve the management objective(s).
5
C. Procedures for designation revocation
If a periodic inspection indicates a Scenic Highway or Virginia Byway no longer meets mini-
mum standards, the Commonwealth Transportation Board will request a joint investigation by the
two departments. Listed below are the procedural steps that should be followed:
1. The two departments notify the local governing body, the planning district commission,
interested individuals and organizations of the requested investigation.
2. In coordination with the local governing body, the departments make an on-site inspection of
the route and provide suggestions to the locality for corrections, improvements or restorations
as necessary to maintain designation and a recommended time frame for action.
3. The DCR director and the Department of Transportation commissioner recommend that the
Commonwealth Transportation Board revoke the designation, upon finding that the quality of
the road segment cannot be restored to meet agreed upon conditions.
4. The Commonwealth Transportation Board may take action concerning revocation of the
designation upon recommendation from the director and commissioner of the DCR and
Department of Transportation, respectively.
0
V. State programs to assist in corridor conservation
Virginia's Department of Transportation (VDOT) environmental engineer plays a key role with
scenic roads, having overall responsibility for the program. Their staff coordinates with the other
divisions, DCR and other agencies. They also contact local governments that have road(s) being
considered for Virginia Byway designation and offer them an opportunity to request a public hearing
concerning the proposed scenic road(s). The environmental division staff prepares, the final report
for consideration by the Commonwealth Transportation Board. This office is also responsible for
environmental reviews and pre -permit coordination for all VDOT construction. The environmental
engineer also administer the Outdoor Advertising Law.
Under the auspices of the Environmental Engineer, all planned road improvements are subject
to environmental review and pre -permit coordination through formal processes established to ensure
that construction impacts are minimized to the greatest extent practical. The Inter -agency Environ-
mental Coordination Committee (IECQ and the Inter -agency Coordination Committee (IACM)
meet regularly to review these projects. Any improvements involving a Virginia Byway are re-
viewed by one or both of these groups. The committee(s) make recommendations aimed at minimiz-
ing impacts or mitigating unavoidable impacts. These processes are intended to provide technical
comments aimed at reducing construction related impacts; they are not intended to stop road con-
struction.
Once the Commonwealth Transportation Board takes action to designate a Virginia Byway, the
environmental engineer notifies the district Administrator of theDesignation. The local resident
engineer places signs on the road and works with the locality(ies) on routine operation and mainte-
nance issues in the same manner as other highways.
Ten state programs or legislative actions have been implemented to aid localities in the preser-
vation and conservation of resources important to local governments.
A. Outdoor advertising law
The Outdoor Advertising Law, Chapter 7, §33.1-351-33.1-381, is administered by Virginia's
Department of Transportation.
§33.1-351. Definitions. -(a) In order to promote the safety, convenience and enjoyment of travel and protection
of the public investment in highways within this State, to attract tourists and promote the prosperity, economic
well-being and general welfare of the State, and to preserve and enhance the natural scenic beauty or aesthetic
features of the highways and adjacent areas, the General Assembly declares it to be the policy of this State that
the erection and maintenance of outdoor advertising in areas adjacent to the rights-of-way of the highways
within this State shall be regulated in accordance with the terms of this article and regulations promulgated by
the State Highway and Transportation [Board] pursuant thereto.
The General Assembly's intent with respect to the Outdoor Advertising Law was to limit or
control the use of outdoor advertising signs that create an intrusion into unique scenic areas of the
commonwealth. Although this law was not directed specifically for Virginia Byways and Scenic
Highways, it is a tool to assist the locality in conserving those unique qualities that resulted in a
particular road's addition to the system. The local government, in cooperation with the VDOT's
resident engineer and district environmental official can, utilize this existing regulation to limit the
number of signs along an existing Virginia Byway.
7
B. The Junkyard Law
Virginia's Junkyard Law is contained in §33.1-348 of the code and is administered by the
Department of Transportation.
§33.1-348. Junkyards: For the purpose of promoting the public safety, welfare, convenience and enjoyment of
public travel, to protect the public investment in public highways, and to preserve and enhance the scenic
beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and
restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the highways within this
State.
The Junkyard Law is intended to reduce the visual impacts of these operations upon the sur-
rounding countryside. By removing them from the local roadsides, or effectively screening them
from view of the traveling public, the General Assembly made a strong statement about its desire for
the aesthetic qualities of the roadsides of Virginia.
Virginia's transportation commissioner has responsibility for controlling junkyards along the
roadsides of the commonwealth. Local government can work with the local VDOT office to initiate
actions that would ultimately cause these unsightly areas to be screened from public view, or relo-
cated.
This program is applied statewide and is not aimed specifically at Scenic Highway or Virginia
Byway corridors. However, if careful enforcement of this regulation is initiated through local gov-
ernment, visual qualities along many of the more scenic road corridors in the state could be im-
proved.
C. Adopt -a -Highway
The Department of Transportation, Virginia's Department of Waste Management, and Keep
Virginia Beautiful, Inc. have cooperated to develop the Adopt -a -Highway program in an effort to
encourage citizens to actively keep the commonwealth's roads free of trash. Virginia is a beautiful
state, and it boasts one of the best highway systems in the country. Visitors from all over the world
are encouraged to tour the Old Dominion, but the most scenic drive can be ruined by trash strewn
along the roadside.
Not only is trash unsightly, it's also expensive. Every year, it costs several million dollars in
state highway funds and thousands of hours to pick up litter. That money and time could be better
spent improving the state's highway system.
Any person or group can help keep Virginia beautiful and save highway money for more
critical jobs by "daring to care" about Virginia and volunteering to "adopt" a highway!
To adopt a highway, individuals, organizations or businesses agree to keep approximately two
miles of selected highway cleared of litter for a two-year period. In exchange, volunteers are given
materials to help them with the pickups, and a sign bearing their name is posted at the beginning of
their adopted highway section. At the end of the two-year period, the volunteers receive a certificate
of appreciation and may renew their adoption or take on another one. All Adopt -a -Highway
projects are coordinated by the VDOT resident engineer and the maintenance division in the VDOT
central office. Although Adopt -a -Highway can be initiated by any person or group for most of the
pubic roads in the commonwealth, this prop ain would be a special benefit to designated Virginia
Byways.
Lands adjacent to Virginia Byways, or city -maintained streets feeding to the byway, can be
adopted by interested groups participating in the Department of Waste Management sponsored
Adopt -a -Spot or Adopt -a -Street program. The local litter control coordinator is the contact for
these programs.
D. Virginia Land use Taxation Act
In 1971, the Virginia General Assembly enacted a law permitting localities to adopt a program
of special assessments for agricultural, horticultural, forest and open space lands (Sections 58.1-3229
through 58.1-3244 of the Code of Virginia). The purpose of the program is:
• "To encourage the preservation and proper use of such real estate in order to assure a readily
available source of agricultural, horticultural and forest products and open spaces within the
reach of concentrations of population,
• To conserve natural resources in forms which will prevent erosion and protect adequate and
safe water supplies,
• To preserve scenic natural beauty and open spaces,
• To promote proper land use planning and the orderly development of real estate for the accom-
modation of an expanding population, and,
• To promote a balanced economy and ameliorate pressures which force conversion of such real
estate to more intensive uses and which are attributable in part to the assessment of such real
estate at values incompatible with its use and preservation for agricultural, horticultural, forest
or open space purposes."
The code sets some basic prerequisites for landowners wishing to qualify for use -value assess-
ments. Responsibility for prescribing uniform qualification standards is assigned to the commis-
sioner of Virginia's Department Agriculture and Consumer Services for agricultural and horticultural
lands. Likewise this responsibility lies with the state forester for forest lands and with the director of
the Department of Conservation and Recreation for open space lands. Also, to aid localities in
arriving at use value assessments, the State Land Evaluation Advisory Council was established.
These three department directors, the tax commissioner, and the dean of the College of Agriculture
and Life Sciences of Virginia Polytechnic Institute and State University comprise the council.
Each year the advisory council determines and publishes ranges of suggested values for several
classes of agricultural, horticultural, forest and open space land in the localities having such pro-
grams. The local assessing officer uses these ranges, along with his personal knowledge of use
9
values in the area and the other available evidence of land capability to arrive at the official use -
value assessment of any parcel.
Beginning with tax year 1989, (Jan. 1, 1989) Section 58.132-33 of the Code of Virginia estab-
lished determinations to be used by local officials in the process of assessment of real estate under
the Use Value Tax Ordinance. Before assessing any real estate pursuant to the provisions of Use
Value Tax Act and subsequent local ordinances, the assessing officer must:
• Determine that the parcel(s) meet criteria and standards for one of the classifications described
in the Use Value Tax Act. The local official may request an official opinion from the director
of the Department of Conservation and Recreation, the state forester and/or the commissioner
of Department of Agriculture and Consumer Services.
• The Use Value Taxation Legislation requires that the local official determine that real estate
being considered for Use Value Taxation is solely devoted to one of the following categories
of use: agricultural or horticultural use, with a minimum of five acres; forest use must have at
least 20 acres and open space use must contain at least five acres. Under the provisions of the
Use Value Tax Act, lands adjacent to a scenic river, scenic road, or other public property
identified in the Virginia Outdoors Plan, the minimum acreage is reduced to two acres for
lands devoted to open space. Also, under the provisions of this act, all lands in agricultural
forestal districts automatically qualify for Use Value Taxation.
• The local assessing officer must ensure that lands committed to open space use have a recorded
open space use agreement between the landowner and the locality committing the land owner
to retain the open space use for at least four years, but no more than 10 years.
E. Agricultural and Forestal District Act
Title 15. 1, Chapter 36 §15.1-1506 - through 15.1-1513 of the Code of Virginia contains the
Agricultural and Forestal District Act, administered by the Department of Agriculture and Consumer
Services.
§ 15.1-1507. Declaration of policy findings and purpose. — It is the policy of the Commonwealth to conserve
and protect and to encourage the development and improvement of the Commonwealth's agricultural and
forestal lands for the production of food and other agricultural and forestal products. It is also the policy of the
Commonwealth to conserve and protect agricultural and forestal lands as valued natural and ecological
resources which provide essential open space for clean air sheds, watershed protection, wildlife habitat, as well
as for aesthetic purposes. It is the purpose of this chapter to provide a means for a mutual undertaking by
landowners and local governments to protect and enhance agricultural and forestal land as a viable segment of
the Commonwealth's economy and an economic and environmental resource of major importance.
This law, aimed at the protection and preservation of valuable agricultural and forest lands of
the commonwealth, is a voluntary program that requires close cooperation between local govern-
ment and the Department of Agriculture and Consumer Services.
The goal of this law is to preserve Virginia's precious farm lands. It requires much effort at both
the State and local level to create a contiguous unit of lands that meet the requirements of the Agri -
10
cultural and Forestal District Act. However, if these lands are retained in forestal and agricultural
uses they can become a critical link in the conservation of the aesthetic qualities vital to preserving
designated Virginia Byway corridors.
Benefits for landowners are as follows:
• Land in an agricultural and forestal district automatically qualifies for use -value assessment if
the requirements for such, established pursuant to the Virginia Land Use Taxation Act, are
satisfied.
• Local land use planning and regulation must take cognizance of an agricultural and forestal
district, and local government is not to use its powers in manners that would unduly restrict
or regulate farming or forestry except to protect public health and safety.
• The state's power to acquire land in such districts is limited by the Act.
F. The Virginia Outdoors Foundation
Realizing the need to promote a public policy of open space preservation in the face of rapid
growth, the General Assembly created the Virginia Outdoors Foundation in 1966. Its purpose is to
encourage private gifts of money, securities, land or other properties in order to preserve open space
resources. Since its creation, the foundation has taken easements on 81,000 acres of open space, and
protects another 5,000 acres through fee -simple ownership (as of July 1992).
The foundation's program of voluntary donation of easements has contributed significantly to
open space preservation in Virginia. However, there remains a vast untapped potential for the use of
conservation easements to fulfill the goals of local, state, and federal conservation plans. A conser-
vation easement is a voluntary restriction on use of land, granted by a landowner, in the form of a
deed to a public agency or a private conservation organization. In Virginia, conservation easements
granted to public bodies have produced advantages for the landowners and the public. A landowner
who gives an easement on a tract of land is assured that the land will remain undeveloped. In addi-
tion to enjoying uses of the land permitted under the easement, the landowner may benefit from
certain estate, income, and property tax incentives based on the absence of development potential for
the land. The public is assured of the continued presence of valuable open space lands without the
commitment of government funds otherwise required for purchase and management of land identi-
fied for preservation. Easement -protected land produces a public benefit while remaining in private
ownership in production of food and fiber, and on the tax rolls.
The Conservation Easement Program is directed at the preservation of open space statewide. It
is frequently used by private individuals who have an interest in conserving the unique visual quali-
ties along a designated Virginia Byway. The Virginia Outdoors Foundation actively solicits contri-
butions of open space or scenic easements to protect designated Virginia Byways. The Foundation
works with localities and welcomes joint approaches to the creation of an easement program for
designated byways.
11
G. Virginia's historic resources
Virginia's historic resources are significant contributing features to the scenic, cultural, and
historic values of many Virginia Byways. The Department of Historic Resources, to date (July,
1992), has surveyed and assessed more than 80,000 historic structures and more than 23,500 ar-
chaeological sites. Nearly 1,647 entries are listed in the Virginia Landmarks Register, representing
official state designation of more than 32,000 contributing historic buildings, structures, sites, and
objects. The Virginia Historic Resources Board has acquired easements on more than 160 properties
of historic, architectural, and archeological significance, guaranteeing their survival in compatible
settings. Under provisions of the federal tax laws the department, in cooperation with the National
Park Service, has certified 543 historic rehabilitation projects in Virginia, representing a combined
private investment of $175 million. As a result of its survey and register programs, the Department
of Historic Resources has expedited the environmental review of thousands of construction projects
while protecting Virginia's historic resources.
The occurrence of historic structures or areas along or near a proposed Virginia Byway is
frequently one of the reasons that a road is considered for inclusion in the system. These historic
sites already afford a measure of protection or preservation to their immediate surroundings. The
private -public cooperation and coordination necessary for recognition of an area or site as a signifi-
cant historic resource also provides a measure of protection to scenic roads that traverse the area.
H. Virginia's natural heritage program
In 1986, the Commonwealth of Virginia and The Nature Conservancy, a national, private non-
profit organization, entered into a unique joint venture contract creating the natural heritage division
in the Department of Conservation and Recreation. This contract was of historic importance for the
identification and protection of this state's finest natural areas. The 1988 General Assembly ap-
proved Governor Baliles' initiatives by transforming the contract to a fully funded state program.
The Natural Heritage Program is a computer-assisted ecological inventory. This program
provides a continuing process to identify significant natural areas and set priorities for their protec-
tion. The inventory focuses on individual "elements" of the state's natural diversity. These include
distinct biotic communities, plant and animal species, and other natural features of interest because
they are exemplary, rare, or endangered at the state or global level. Natural heritage division staff
also coordinates with the Department of Agriculture and Consumer Services and the Department of
Game and Inland Fisheries, to identify and protect rare or threatened plant and animal species.
The specialized needs for protection and management of Virginia's natural heritage resources
are being accomplished by the division. A complete set of conservation tools and strategies toward
the goal of natural heritage resource protection and management on public and private lands is
available for use. A Natural Area Preserve System, a statewide system of natural areas protected
through the action of natural area dedication, is being established. Dedication is the strongest form of
legal protection available for a natural area, recognizes biological diversity as the most important
value of the land, and requires a majority vote of the legislature and signature of the governor to be
overturned. Both publicly and privately owned lands can be dedicated. Other protection tools include
a landowner registry program and conservation easements. Development and implementation of
management plans for publicly and privately owned natural areas is critical for the long-term protec-
12
tion of Virginia's natural heritage. Natural area program staff cooperate with private and public
landowners to develop ecological management plans for the protection of natural heritage resources.
The program is designed to do far more than establish the commonwealth's protection priori-
ties. It can be used by all groups and agencies for land -use planning, environmental impact assess-
ment, endangered species review, resource management, and research and education. According to
former Governor Baliles, the key to the success of this and all natural heritage programs lies in the
impartial nature of its data. Because this data helps avert environmental conflicts before they can
arise, this program will be appreciated by both commercial and environmental interests. When one
or more of these unique natural resources is identified in close proximity to a scenic road, the pres-
ence of the plant or animal community becomes an emphasis for conservation to protect the Virginia
Byway corridor. In many cases, such a unique set of conditions is one of the factors that enables a
road segment to qualify for addition to the byway system.
I. Virginia's litter control program
The Department of Waste Management's litter control programs are funded by a special tax
levied against businesses and industries. The program requires that at least 50 percent of these funds
be channeled into annual grants to localities. The tax also provided funding to begin programs to
educate society.
Community litter programs with emphasis on changing individual habits locally are the key to
permanent litter control. All sectors of the community are encouraged to participate by the diversi-
fied leadership of the citizen litter control committee. These committees interact with schools, law
enforcement, local media, businesses and non-profit organizations. It is also important to note that
business and industry prefer to locate in areas that are clean, safe and healthy.
Once a road is added to the Virginia Byway system, efforts of a local litter control committee
could be directed at the scenic road. Their efforts, in cooperation with the Department of
Transportation's maintenance program, could do much to help conserve the existing character of the
road corridor.
J. Abandoned or inoperative motor vehicle law
In some localities, abandoned or inoperative motor vehicles constitute a distraction to the
beauty of the area. From countryside to city, rusting and dismantled cars, trucks, motorcycles and
trailers are public eyesores. Like other forms of litter, they take away from a locality's desirability
for tourists and industry. In many cases, they become a potential health problem as well as a hazard,
creating dangerous temptations for children and breeding grounds for rats and other vermin. Aban-
doned vehicles frequently become a liability as well because, like a swimming pool or a discarded
refrigerator, they are an "attractive nuisance."
While some cities and counties have passed ordinances to deal with inoperative vehicles, many
have not dealt with the somewhat controversial issue. Further complicating the matter is the question
of how to get rid of abandoned or inoperative vehicles, satisfactory disposal may be difficult.
13
The Department of Waste Management, in cooperation with the Department of Motor Vehicles,
has developed guidelines to aid localities for establishing new programs to deal with inoperative
vehicles, as well as ideas to improve existing local programs. Two main legal tools exist: the aban-
doned vehicle fund and the local license tax.
Su.ce 1975, the state code (§46.2; 1200-1208) has made iocaiities eligible for reimbursement
for every abandoned vehicle they, at their expense, relinquish to the demolisher. Program require-
ments delineate procedures governing vehicles on public as well as private property. In 1985, the
reimbursement was increased to $50 per vehicle. Since that time some localities have claimed
several thousand dollars annually in bounties while improving the appearance of the countryside.
The local license tax ordinance allows localities to impose a tax upon any automobile that does
not display currently valid Virginia license plates. The majority of inoperative vehicles falls into this
category. Enabling legislation, §15.1-27.1, allows the tax to be as much as $100 annually. However,
the code exempts from any such tax cars which are held for fewer than 60 days or cars regularly
stored within a structure. [Note: allowable tax has increased from $50 to $100.]
The license tax can be a real incentive for inoperable vehicle owners to clean up their acts.
While not providing any direct legal power in the removal of inoperable vehicles, a license tax gives
the locality the satisfaction of knowing the owners are paying for the privilege of keeping their
inoperable vehicles in public view.
14
Vi. Examples of local land use
Since the Virginia Byways program was established, local land use controls have been relied
upon as the instruments best suited to conserve the qualities a road possesses to be designated as a
component of the system. The next few paragraphs contain excerpts from Albemarle and Loudoun
Counties' plans for scenic roads. Most of these regulations are framed in the counties' goals and
objectives.
A. Loudoun County
A major goal, as set forth in Loudoun County's rural plan, proceed in spirit from the goals
stated for agriculture in the Resource Management Plan (RMP). The initial objectives are:
• To encourage farming practices that promote the conservation of agricultural resources, and
avoid the pollution or degradation of surrounding communities.
• Encourage land uses in rural Loudoun to be compatible with existing environmental resources,
natural systems, and scenic and historic character.
• Promote a transportation system which causes the least negative agricultural, community,
environmental, fiscal and social impacts.
In seeking these goals, the county should develop a range of optional programs that will en-
hance the economic viability of agricultural operations in Loudoun County while maintaining the
equity of farmland.
Transportation goals
A series of goals has been developed for Loudoun County's transportation system based on the
principles embodied in the RMP. The following are major transportation goals:
• Promotion of a transportation system which causes the least negative agricultural, community,
environmental, fiscal and social impacts.
• New transportation improvements should be designed to produce the least disruption of farms,
existing communities, existing land uses, historical sites, buildings, and cemeteries, as well as
important natural environmental and scenic features.
• Where disturbance of existing trees or natural growth is unavoidable, the county and VDOT
should work with the local community to develop a landscaping plan, and a public/private
landscaping program to restore the road corridor to a visual equivalent of its former condition.
Virginia Byway recommendations
A Virginia Byway is defined as a road of high aesthetic or cultural value, and is designated by
the Commonwealth Transportation Board and the Department of Conservation and Recreation.
Protection of a byway corridor from obtrusive signage and unsightly development is encouraged.
15
The natural beauty of the road corridor should be maintained by land -use planning techniques such
as easements, buffers, setbacks, sign regulations and zoning classifications.
Virginia Byway designation does not legally preclude widening or other road improvements,
and does not, in and of itself, restrict land uses. The designation simply recognizes and encourages
the aesthetic value of the corridor as a tourist, cultural, scenic and recreational asset to Virginia and
Loudoun County. Many roads in the rural areas of Loudoun County comply with the definition of a
Virginia Byway.
B. Albemarle County
The next pages were extracted from the 1980 Albemarle County Zoning Ordinance, adopted
December 1980. These regulations were reviewed in September 1987, with new regulations pro-
posed for action in 1988.
• No buildings or structures other than necessary accessory appurtenant fences and/or walls,
except as hereafter provided in the case of certain signs, shall be constructed within any SA -
[scenic area] highways overlay district.
• No off-street parking or loading shall be allowed closer than 50 feet to the right-of-way line of
a SA -highway, which is all or part of off-street parking facilities required or designed to
accommodate more than two motor vehicles.
• Area within any such district may be part of a lot and countable for purposes of area density
and yard requirements unless otherwise prohibited by this ordinance.
Exceptions, scenic area - highways
For use where off-street parking facilities are required to accommodate more than two motor
vehicles, the commission may reduce building setback to not less than 75 feet from the right-of-way
of a designated scenic highway, provided that:
• All parking facilities shall be located on the rear side of the structures or buildings for which
such exception is sought and that such parking facilities will be screened from view of such
scenic highway;
• The structures or buildings for which such exception is sought would be visually compatible to
such scenic highway by reason of appearance and/or visual screening; and
• Proposals by the applicant are adequate to assure continued protection of the scenic quality.
Sign regulations, SA -highways (general regulations)
The location, configuration, design, materials and color of all signs and structures shall be
encouraged to be in character with the historical and environmental setting of Albemarle County.
16
No sign should visually dominate the structure to which it is attached, and will be architectur-
ally harmonious with the surrounding structures. Sign materials should be predominantly wood or
utilize open lettering, and indirect lighting is encouraged.
With the exception of temporary event, auction, trespass, political, sale or rental, signs proposed
to be erected within 500 feet of and visible from any scenic highway will be reviewed as provided in
this section.
All signs subject to review under this section will be processed as follows:
• The applicant will submit to the zoning administrator two copies of sign drawings at a scale not
smaller than one inch equals two feet,
• The zoning administrator will transmit one copy to the director of planning for review within
three calendar days from the date of application for review, provided that nothing herein will
be constructed to limit referral of any application to the commission when it is deemed to be
in the public interest;
• Any person aggrieved by any decision of the director of planning may demand a review of the
signs by the commission by filing a written request with the planning department within 10
days of such decision. The commission may affirm, reverse or modify, in whole or in part, the
planning director's decision. For purposes of this section, the term "person aggrieved" in-
cludes the applicant, any adjacent landowner, and any public agency or officer thereof,
• The board of supervisors reserves unto itself the right to review all decisions of the commission
which, in its discretion, it deems necessary to a proper administration of this section.
Notwithstanding provisions of section 30.5.6.2.1, the following types of signs, as further limited
in section 30.5.7.2, will be permitted within 50 feet of the right-of-way of the scenic highway but not
within the required front yard as regulated for the underlying district:
auction
business wall
directional
locational
political
sale or rent
subdivision
temporary event
trespass
Regulation of number, height, area, types of signs
The following regulations are in addition to section 4.15.3 generally and further limit regula-
tions contained in sections 4.15.3.6 and 4.15.3.7, specifically:
• The aggregate sign areas allowed for free-standing business, projecting business, business wall,
locational and directional signs will be reduced by one-half within SA -highway districts.
17
• Free-standing and projecting business signs will be limited to 10 feet in height above grade, 18
square feet per single sign face, and to one sign per separate highway frontage.
• Business wall signs will be limited to 20 feet in height above grade, 35 square feet per single
sign face, and to one sign per separate highway frontage.
• Business roof signs will not be permitted within SA -highway districts.
• Locational signs shall be limited to 10 feet in height above grade, six square feet per single sign
face, and two signs per establishment.
Loudoun County and Albemarle County have totally different approaches toward the conserva-
tion of their unique scenic and historic resources, including local scenic roads. However, these
localities, as well as many others, have recognized the value of their unique resources. They have
taken steps to ensure their scenic road corridors are developed in ways that don't adversely impact
those qualities important to the preservation of the Virginia Byway corridors.
18
VII. Conclusions
The Commonwealth of Virginia has many miles of roads that traverse areas of exceptional
I and outstanding interest. These roads should be brought together in a special Scenic Highway
and Virginia Byway system to give official recognition to their unique qualities and, at the same
time, encourage local governments to utilize land use measures that conserve these resources for the
enjoyment of future generations. The statutes, regulations and programs discussed earlier in this
report are some of the tools at the disposal of local governments to meet this goal. The steps neces-
sary at the local level can be as varied as are the communities throughout the commonwealth. The
full potential of Virginia's Scenic Highways and Virginia Byways network can be realized only if
people take these necessary steps to strengthen local land use controls and begin to clean up undesir-
able elements along Virginia's scenic roads.
19
VIII. List of programs and agencies identified in this report
• Junkyard Law and the Outdoor Advertising Law: Department of Transportation, 1401 E. Broad
Street; Attn: Environmental Engineer, Richmond, VA 23219.
• Agricultural and Forestal District Act: Department of Agricultural and Consumer Services,
1100 Bank Street, Richmond, VA 23219.
• Virginia Outdoors Foundation: 203 Governor Street, Suite 302, Richmond, VA 23219.
• Department of Conservation and Recreation: 203 Governor Street, Suite 302, Richmond, VA
23219:
Division of Natural Heritage
Division of Planning and Recreation Resources
• Virginia's Litter Control Program: Department of Waste Management, Division of Litter
Control and Recycling; 101 North 14th Street, Monroe Building, Richmond, VA 23219.
• Abandoned and Inoperative Motor Vehicles Laws: Department of Motor Vehicles, P.O. Box
27412, Richmond, VA 23269-0001.
Land Use Taxation Act: Department of Taxation, 2220 West Broad Street, Richmond, VA
23282.
• Department of Historic Resources: 201 Governor Street, Richmond, VA 23219.
Kc
Appendix I - HISTORY
Widespread interest in scenic roads developed in the early 1960s. Much of this interest was
generated by the federal Outdoor Recreation Resource Review Commission's (ORRRC) proposal for
a nationwide system of state and national parkways, and specially designed and constructed scenic
highways.
In 1964, prompted by the national ORRRC deliberations, Virginia formed the Virginia Outdoor
Recreation Study Commission to identify recreation issues important to Virginia, and make appro-
priate recommendations to the General Assembly. The commission contacted many influential
business and community leaders from across the state about numerous issues related to outdoor
recreation, including scenic roads.
Many of the local leaders thought the scenic roads concept was a good one. They felt driving
for pleasure was a viable form of outdoor recreation and that substantial local benefits could be
derived by affected localities if scenic road corridors could be identified and promoted.
By December 1964, the commission had received dozens of recommendations identifying
potential scenic road corridors. In 1965, the commission completed its deliberations and published
Virginia's Common Wealth, a report outlining present and future demands for recreation within the
commonwealth. The study made a number of recommendations to benefit outdoor recreation in
Virginia, including establishment of the Virginia Outdoors Plan. This would be a long-range plan of
actions related to the state's outdoor recreation resources. The report also recommended the estab-
lishment of a state scenic roads network.
In 1966, the General Assembly passed a number of pieces of legislation of which the Scenic
Highway and Virginia Byway Act was a part based upon the recommendations found in Virginia's
Common Wealth. The General Assembly defined the two categories of scenic roads to be used:
Virginia Byways and Scenic Highways (see legislative definitions on pages 3 and 4).
Unlike the proposed federal scenic roads system, the state's Scenic Highways and Virginia
Byways legislation imposed no restrictions upon existing land use. The original legislation required
prior approval from the affected local governing body(ies) before designation could take place.
Subsequently, the "prior approval of the local governing body(ies)" phrase was removed by the
General Assembly. However, evaluation criteria and procedures adopted by the Department of
Conservation and Recreation (DCR) and the Commonwealth Transportation Board in 1973, recog-
nized the importance of local initiative and local input to the designation process.
In 1967, the proposed scenic road network was evaluated by a number of transportation depart-
ment officials, and state and regional planners. By the time the 1970 Virginia Outdoors Plan was
published, the proposed Virginia Byway system has been refined to include more than 1600 of the
more than 50,000 miles of existing state roads.
In 1973, the first designation was in Fairfax County, when the board of supervisors requested
that a historic and scenic segment of Route 193 become a Virginia Byway. Since then more than 800
miles have been added to the system. (See attached Appendix 3.)
21
Appendix 2
Distribution of Scenic Highways and Virginia Byways (October 1992)
Appendix 3
Summary of Virginia Byways (September 1992)
Date of designation
&=
County
Length (miles)
June 20, 1974
193
Fairfax
12
August 21, 1975
5
City of Richmond,
54
Henrico, Charles City,
James City Counties,
City of Williamsburg
August 19, 1976
20
Albemarle
17
August 19, 1976
6
Albemarle, Nelson
35
August 19, 1976
151
Nelson
16
August 19, 1976
56
Nelson
18
January 27, 1977
39
Rockbridge
20
July 14, 1977
723
Frederick, Clarke
10
October 27, 1977
39
Rockbridge, Bath
36
June 21, 1979
623
Tazewell
10
December 17, 1982
250
Albemarle, Nelson
17
September 15, 1983
802
Fauquier, Culpeper
25
245
626
May 15, 1986
785
Montgomery, Roanoke
18
January 15, 1987
6
Fluvanna, Goochland, Henrico
60
650
January 15, 1987
130
Amherst, Rockbridge
32
July 16, 1987
601
Albemarle, Orange
14
614
676
November 19, 1987
20
Albemarle, Orange
36
22
231
23
¢. -
May 19, 1988
15
665
662
690
734
719
704
August 18, 1988
231
July 20, 1989
659
February 15, 1990
617
673
711
May 17, 1990
624
651
633
620
652
655
628
622
627
608
612
626
255
May 17, 1990
606
628
647
December 20, 1990
42
43
159
311
615
616
621
September 23, 1991
667
727
625
666
July 16, 1992
717
52
617
September 9, 1992 43
County
Loudoun County
Orange, Madison, Rappahannock 39
Halifax County 16
Chesterfield, Powhatan, 25
City of Richmond
Clarice 37.5
Rappahannock 11
Alleghany, Botetourt, Craig, Giles, 172
Roanoke Counties
Tazewell 12
Wythe, Bland 22.5
Bedford, Campbell 41
Total 877
24
Appendix 4
Moved by Mr. Smalley, seconded by Dr. Thomas that
WHEREAS, Section 33.1-62 == of the Code of Virginia giants to the Commonwealth of
Virginia Transportation Board (formerly the State Highway and Transportation Commission) the
authority to designate any highway in the commonwealth as a scenic highway or as a Virginia
Byway; and,
WHEREAS, the Commonwealth Transportation Commissioner, on behalf of the Common-
wealth Transportation Board, has entered into an agreement with the Virginia Department of Conser-
vation and Recreation setting forth criteria and procedures for reviewing and designating scenic
highways and Virginia Byways; and,
WHEREAS, although it is important to maintain the integrity of these highways as scenic
highways or Virginia Byways once designated as such by the Board, it is the sense of this Board that
such designation should not limit the Virginia Department of Transportation from exercising its
general power and duties to locate, construct, improve, and maintain all highways in the common-
wealth;
NOW, THEREFORE, BE IT RESOLVED, that the designation of highways as scenic highways
or Virginia Byways shall in no way limit the right of the Virginia Department of Transportation to
exercise all of its power and duties in locating, constructing, improving, and maintaining highways
in the commonwealth.
Motion: Canned
Date: 5-19-88
25
,_11�
UNITED
ROOFING /
CONTRACTORS INC.
T. 2 BOX 72
nAIDOLETOUIN, VA. 22645
703/869-2999
Mr. J. Robert Hicks, Director
Virginia Department of Conservation
and Recreation
203 Governor St.
Richmond, Va. 23219
Dear Mr. Hicks,
May 3, 1994
As a citizen, business owner and resident of Warren
County, I request that the road referred to as Route 55 be
surveyed for designation as a Virginia Byway pursuant to
the code of Virginia under §33.62, under Byways designation
criteria and procedures. This request is made in an
attempt to preserve the scenic value and open a discussion
process about the course of Heritage Tourism in our valley.
The region is growing in national significance as the
Battlefield Bill gets closer to a decision. I wish also to
try to insure that the rich experiences this region has
provided to previous generations and our own, is here for
our children's children to enjoy.
The current ongoing DHR architectural survey is
unveiling the local community's long colorful history. No
doubt during this requested designation process, there may
be additional significant structures and resources
discovered and located throughout this region along with
educational resources, revealed via field explorations,
that could be preserved for future study and enjoyment.
The Civil War and pre -revolutionary history of the region
is also worthy of mention. For these reasons, and
countless significant others, this request is made to
initiate the coordinated review process by the Department
of Conservation and Recreation and the DOT.
Sincerely,
-�, C� .�
Mark L. D'Arezzo
President
UNITED ENTERPRISES INC. UNITED CONTRACTING INC.
RAY D. PETHTEL
COMMISSIONER
COMMONWEALTH of VIR QINJA
Mr. John R. Kapp
Mayor, Town of Haymarket
P. 0. BOX 87
Haymarket, Virginia 22069
Dear Mr. Kapp:
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RICHMOND, 23219
June 24, 1993
EARL T. ROBS
ENVIRONMENTAL ENGINEER
Virginia Byway
Proposed Designation
Route 55 - Prince William County
rFi�+
T-h�nk.youu for your letter about Route 55 in Prince William County and its
designation as a Virginia Byway. As you pointed out, Mrs. Sarah Turner has
requested that this route be considered, and you support this action.
I will make arrangements for an evaluation, team, which will include
representatives frau the Virginia Department of Transportation and the Department
of Conservation and Recreation, to review Route 55 in Prince William County in
the next 30 to 45 days. )The data that you supplied will be given consideration
during this review.
By copy of this letter to Mr. Derral Janes, Department of Conservation and
Recreation, I am requesting that he coordinate with the localities regarding
zoning and comprehensive planning along Route 55.
You wi11 be notified prior to the team making its evaluation. Your concern
and encouragement for this designation is appreciated.
Sincerely,
4Enr tal Engineer
cc: Mr. Derral Jones
TRANSPORTATION FOR THE 21 ST CENTURY
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
3975 FAIR RIDGE DRIVE
RAY D. PETHTEL FAIRFAX. VA 22033
COMMISSIONER (703) 934-7300
April 1, 1994
Mr. Earl T. Robb
Environmental Division Engineer
Virginia Department of Transportation
1401 E. Broad Street
Richmond, Virginia 23219
RE: Virginia Byway Route Evaluation of Route 55
Dear Mr. Robb:
APR 5 1994
THOMAS F. FARLEY
DISTRICT ADMINISTRATOR
On March 28 a field evaluation was conducted on Route 55
(John Marshall Highway) to evaluate the Virginia Byway criteria
and determine if Route 55 should be recommended for Virginia
Byway status. The corridor passes through five counties and each
county was evaluated separately. Specific evaluations of each
county allowed for a thorough and detailed report of
approximately 64.21 miles of the Route 55 corridor.
In the evaluation of Route 55, we measured the actual
mileage of Interstate I-66 which parallels Route 55.
Approximately 3.5 miles of the Route 55 corridor parallels
Interstate 66. In these areas, Interstate 66 detracts from the
scenic integrity of the Route 55 corridor.
The Route 55 corridor in Prince William County, between
Route 15 (James Madison Highway) and Route 29 (Lee Highway),
approximately 2.32 miles in length, does not meet Byway criteria
because extensive industrial growth detracts from the scenic
qualities of the corridor.
Excluding these 5.82 miles for the reasons identified, the
remaining 58.39 miles appear to meet the criteria for Virginia
Byway status. We recommend that these areas be given
consideration for designation as a Virginia Byway.
TRANSPORTATION FOR THE 21ST CENTURY
Mr. Earl T. Robb
April 1, 1994
Page 2
Enclosed are the evaluation reports with our findings, and
an enlarged Virginia state map color coded indicating each
county.
We appreciate the opportunity to participate in this
evaluation. If you require any additional assistance or
information please contact me at (703) 934-0585.
Sincerely,
D. F. Snead, Sr.
Transportation Roadside
Development Agent
DFS/wk
Enclosures
cc: J. A. Sorenson
J. R. Cromwell
J. C. Muse
Corridor H Aiternamfes
A Movement of Citizens
February o 1, 1994
Virginia Dept of Conservation & Recreation
W. Jay Robert Hicks / T
203 Govemor Street
R.icbmond, VA 23219 - : -- --_-- --_-- +
Dear Director Hicks,- - . - - — --- - --'
Pursuant to the code of N-irginia under §33.62, under -the B va .--
� Ys
designation criteria and p, ocedures, and as a citizen and resident of
Shenandoah C,)unty, I request that the road referred to as Route 55 be
surveyed for designation as a Virginia Byway. This request is made in an
attempt to preser: a the integrity of the scenic value and open a discussion
process abota the course of Heritage Tourism in our valley. The region is
grow;ng in national significance as the Battlefield Bill gets closer to a
decision- I wish also to try to insure that the rich experiences this region has
provided to previous generations and our own, is here for our children's
children to enjoy.
The current ongoing DHR architectural survey is unveiling the local
community's long colorful history. No doubt during this requested
designation process, there may be additional significant structures and
resources discovered and located throughout this region.
Many property owners adjacent to the proposed byway have expressed to
me an interest in, and willingness to provide scenic easements on their
Property to share with others the scenic beauty they have long enjoyed.
RegionalOfftces Therefore, I would like to invite the Division of Conservation and
rutern West Virginia ecreation to provide information on scenic easements to these interested
P.O. Box +63 persons. There have also been several persons who have expressed an
WarrfenSWIC. Alv, 36851
30-687;-3887 interest in open space easements, and their names also will be provided when
Central iM esc Virginia needed.
P.O. Box 11
l erens. %%Y26776
30+-63&452 I was recently surprised to learn the Route 55 area is favored for geological
North= West Virginia studies by several prominent universities for the abundant unusual and even
RV Rox 173 rare geological formations in the rock outcroppings athe road.
X rcek WV 26743 PP > g
lon
X, , d8-5379 Apparently, the Route 55 road has long been used by professors to benefit
vlrginia students of these universities. This deslaation would celebrate the regions
Rc. 1. Box 319^'�.
Lebanon Church. VA 22641,E -z
703-+65-5664
educational resources, revealed via field explorations, and would preserve
them for fiiuu-e study and enjoyment The Civil War and pre -revolutionary
history of the region is also worthy of mention. For these reasons, and
countless significant others, this request is made to initiate the coordinated
review process by the Department of Conservation and Recreation and the
DoT.
Are the members of the review team picked for each individual project, or
are they the same persons for all projects to be jointly-viexved by the
Division or C;on.. rvaLin and Rerreauon & DOT? I wouid like to itinow
who the review team members will be from both of the Z agencies, as I have
slides and additional information I would like to make available to them.
I will look forward to an interesting dialogue as the process unfolds and am
hopeful that initiating this pr-:.ess will co=ehensively identify the
unequivocable me -its of this proposal. I consider myself very informed on
this issue and humbly offer what resources I have to assist you in your
pursuit of the facts. .
~ Thank you for your attention to this matter and with kind regards I am
_ Most sincerely yours,
Tony Coogan
cc: The Honorable George F. Allen
The Honorable Frank R Wolf
The Honorable John Warner
The Honorable Clinton Miller
The Honorable Russell Potts, Jr.
Dr. Daphyne Thomas, Staunton District Representative CTB
Mr. David Edwards, Va. DHR Program Mgr. Survey & Registry
T7. ri (7!:!tiit). Shenandoah County Administr=r
•�u. If, _ - Suena L,,,u County Historical Society
Mr. James C. Massey, Massey Maxwell Associates
April 14, 1994
Virginia Conservation & Recreation Department
Mr. J. Robert Hicks
203 Governor Street
.richmond, VA 23219
Dear Sir:
ale would like to have you come to our county and review our
section of route 55 in Frederick County for designation as a
scenic highway/byway. ge feel it is among the most attractive
portion or scenic roads in the area. Let us know what we can
do to help. We would be interested in discussing the oos-cibility
of deeding viewshed or openspace easiments to make the proposed
Corridor H improvements to existing roads more attracttive to
the state. We would like someone to come and explain it to us.
We hope we will hear from you soon. Please contact Ron smith
2368 ,iardensville Pike, Star Tannery VA 22654, Phone 703 465 91560.
Sincerely yours,
f C", ✓"F'�n LrlC