Loading...
HomeMy WebLinkAboutPC 02-03-93 Meeting Agenda�.JRE COPY AGENDA P'�YA/n FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia FEBRUARY 3, 1993 7:00 P.M. CALL TO ORDER TAB 1) Meeting Minutes of January 6, 1993 ............................. A 2) Monthly and bimonthly reports ................................. B 3) Committee Reports ........................................ C 4) Citizen Comments .......................................... D 5) Subdivision application #001-93 of Kim Henry, Henry Business Park, for four lots. This property is located at the intersection of Baker Lane and Fort Collier Road, in the Stonewall District. (Mr. Miller) ............................................... E 7:30 PM PUBLIC HEARINGS 6) Conditional Use Permit #001-93 of John and Rachael Black for a cottage occupation (catalog sales of Amsoil). This property is located 1.3 miles north of Gainesboro in the Gainesboro District. (Mr. Miller) ............................................... F MISCELLANEOUS 7) Discussion regarding proposed amendments to Chapter 144, Subdivision Ordinance, and Chapter 165, Zoning Ordinance, of the Frederick County Code. (Mr. Wyatt) ............................................... G 8) Other. (no attachment) ...................................... H MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on January 6, 1993. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman/Back Creek District; George L. Romine, Citizen at Large; Todd D. Shenk, Gainesboro District; Ronald W. Carper, Gainesboro District; Roger L. Thomas, Opequon District; Manuel C. DeHaven, Stonewall District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; and Beverly Sherwood, Board Liaison. ABSENT: S. Blaine Wilson, Shawnee District Planning Staff present were: Robert W. Watkins, Director; W Zoning Administrator; Lanny C. Bise, 11, Planner I; and Kris C. Planning Director. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. ELECTION OF OFFICERS AND 1992 MEETING SCHEDULE Action - Election of James W. Golladay, Jr., Chairman _ Wayne Miller, Tierney, Deputy A motion was made by Mr. DeHaven and seconded by Mr. Marker to nominate James W. Golladay, Jr. as Chairman of the Frederick County Planning Commission for 1993. Mr. Marker moved that nominations for chairman be closed and this motion was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect James W. Golladay, Jr. as Chairman of said Commission for the year of 1993. F Action - Election of John R_ Marker, Vice Chairman A motion was made by Mr. Romine and seconded by Mr. Thomas to nominate John R. Marker as Vice Chairman of the Frederick County Planning Commission for 1993. Mrs. Copenhaver moved that nominations for vice chairman be closed. This motion was seconded by Mr. Thomas and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect John R. Marker as Vice Chairman of said Commission for the year of 1993. Action - Election of Robert W. Watkins, Secretary A motion was made by Mr. DeHaven and seconded by Mr. Thomas to nominate Robert W. Watkins as Secretary of the Frederick County Planning Commission for 1993. Mr. Golladay moved that nominations for secretary be closed and this motion was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Robert W. Watkins as Secretary of said Commission for the year of 1993. Action - 1993 Meeting Schedule Upon motion made by Mr. Thomas and seconded by Mr. Carper, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. and worksessions on the fourth Monday of each month, as needed, at 7:30 p.m. Both regular meetings and worksessions will be held in the Board Room of the Old Frederick County Court House at 9 Court Square in Winchester, Virginia. MINUTES The first order of business was the consideration of the minutes of November 4, 1992. Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of November 4, 1992 were unanimously approved as presented. 3 BIMONTHLY REPORT Chairman Golladay accepted the bimonthly report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee CP&PS) 115/93 Mme_ Mr. Tierney reported that the CP&PS met and discussed items on the Capital Improvements Plan (CIP). Mr. Tierney said that the Subcommittee discussed the proposed maintenance facility at the landfill and requests from the School Board to increase the proposed funding for the renovation to James Wood School. Those issues were resolved and the Subcommittee is ready to send the CIP to the Planning Commission. Transportation Committee - 1/4/93 Mtg Mr. Thomas reported that the Transportation Committee discussed the vacation of a small section of Conway Street, which is located off the 1-81 and Route 50 Exit. He said that the Committee also discussed several roads with visibility problems due to vegetation. VDOT will be looking at those roads to make minor improvements, such as brush cutting, to improve visibility. Withdrawal of Conditional Use Permit #013-92 of the Independent Order of Odd Fellows. No Action Mr. Watkins said that the staff received a letter from Mr. George W. Johnston, III, representing the Independent Order of Odd Fellows. Mr. Watkins said that this group is withdrawing their conditional use permit application #013-92 that was heard by the Commission on November 4, 1992. Mr. Watkins said that this application was tabled for 60 days at the Commission's November 4 meeting. No action was necessary from the Planning Commission. 4 Letter of Clarification, RE: Civil War Battlefields Mr. Golladay said that he received a letter of clarification from the Economic Development Commission's Executive Director, Mrs. June Wilmot, concerning her discussion with the Commission regarding the Shenandoah Valley Civil War Battlefields and Commission proposed legislation. He said that Ms. Wilmot states that she erroneously responded to a question from the Commission concerning how many Winchester -Frederick County battlefields were included in the twelve battlefields identified by the Plan. She states that the correct response should have been five, rather than three, and those are: Cedar Creek, First Kernstown, Second Kernstown, Third Winchester (Opequon), and Second Winchester. PUBLIC HEARINGS Conditional Use Permit #015-92 of Kenneth R. Heishman for a cottage occupation (building lawn furniture, picnic tables, etc.). This property is located on Route 522 South and is identified by PIN #870000A0000400 in the Shawnee District. Action - Approved Mr. Miller gave the background and review agency information. Mr. Miller said that the applicant has advised that the building of lawn furniture is taking place in an accessory building (garage) and there will be no other employees. The applicant has advised that he has been building and marketing lawn furniture at this location on a part time basis for several years. Mr. Kenneth R. Heishman, the applicant, was present to answer questions from the Commission. No one else was present to speak either in favor or opposition to the permit. Upon motion made by Mr. Romine and seconded by Mr. Carper, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #015-92 of Kenneth R. Heishman for a Cottage Occupation to build lawn furniture, picnic tables, etc., with the following conditions: Expansion of the facilities required for this business or the addition of more than one employee will require a new conditional use permit. 2. Signage will be limited to the allowed 2 X 2 cottage occupation sign. 5 3. Should this use reach an intensity causing traffic problems, a Virginia Department of Transportation evaluation will be required and the possible installation of a commercial entrance may be mandatory. Update of the 1993 Frederick County Comprehensive_ Policy Plan Mr. Tierney presented sections of the County's Comprehensive Policy Plan which contained recommended updates. Mr. Tierney said that the Plan had been reviewed and recommended for approval by the County's Comprehensive Plans and Policies Subcommittee. He said that significant updates to the plan consisted of the following: 1) Updated employment figures. 2) Updated figures for school enrollment and the status of planned school facilities. 3) Updated numbers for sewer and water hookups, capacities and facility status, along with planned line extensions. 4) An extensive update of the Parks and Recreation section dealing with programming procedures and plans for adding facilities to achieve and maintain compliance with national standards outlined in the Virginia Outdoor Plan. 5) An expansion of the Urban Development Area encompassing roughly 700 acres along Route 522 south of the current UDA boundary. This addition is bounded on the west by Route 644 and extends south of the Route 644/Route 522 intersection to include the Shenandoah Mobile Home Park. The eastern limit of the area follows a drainage swale in a northeasterly direction from the mobile home park to the southern limit of the current UDA. The Planning Commission was in favor of the recommended changes and upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the update to the 1993 Frederick County Comprehensive Policy Plan as recommended by the Comprehensive Plans and Policies Subcommittee. M ADJOURNMENT No further business was discussed and the meeting adjourned at 7:45 p.m.. Respectfully submitted, Robert W. Watkins, Secretary James W. Golladay, Jr., Chairman r1U1\j 1 1u,Y REPORT Zoning ---- -- AP- November ° [a 7 zE-4p H O U tom _ �ompar:i.son of 1992 U 3 Ot-.� U Gl p Individua Totrtl 1 Monthly 'Potals November 1991 U (i y, E x Ul Ot p; p Total 0 >' 0 U 1990 y+ p U 1989 H >+ �� p U 1988 1987 —19186O H U E' >+ H � O F' >+ p > H 5 O U r'll'01TALPERMITS PROVEDZONING 19 15 20 11 1:IL5_80 _ 8 15 17 19 13 72 165 132 205 103 83 1 1. Multi -family 2. Single-family 0 p 0 0 0 0 _ 0 5 0 0 0 5 44 10 65 0 40 30 dwell.ings _ 3 6 4 4 2 19 1 3 6 9 4 23 26 49 61 3. Mobile Homes - New Units 4. Industrial 2 2 0 0 0 0 1 1 0 0 0 0 1 1 0 4 0 0 0 .1 0 1 0 0 0 0 0 0 0 0 0 1 0Replacements 1 7 7 0 7 4 3 11 4 7 12 6 :,6 9 1 8 Commercial0 0 0 0 0 05. j 1 0 0 2 0 0 1 0 7 2 20 1 4 0 0 0 0 0 6. Miscellaneous 5 11 10 9 42 79 60 48 50 38 14 1157 —1-110 - County Total qnn 150 100 50 0 1990 1991 1992 County Total - npsidenti_nl — — Commercial & TnA„Gr,4 nj MONTHLY RNPOR'T ikccumutative Monthly Totals zoning _L__ -i=LL- January - November 1992 Total January - November 1991 'Total _ 1990 1989 1988 1987 1986 In U �y U] U ✓ al Gtl to Z Ot O tj 0 OU O M (W,� 7 C�7 WW 7 tn� UW '✓ [A v1 p p H U E-i 000 0 U H O U H0 E -4z O U H O U O H �+ p U TO'T'AL, PERMITS AP- PROVED FOR ZONING I. Multi -family 270 2 271 13 237 0 272 36 295 48 1345 99 241 7 270 17 202 0 333 39 415 51 1461 1830 1899 1240 114 256 r1821877 244 227 38 2. Single-family dwellings 3. Mobile Homes 91 78 50 90 56 365 72 39 60' 132 55 358 435 654 619 604 432 - New Units - Replacements 19 10 9 39 15 24 11 8 3 3 0 3 12 7 5 84 40 44 28 _ 19 9 38 15 23 15 11 4 2 2 0 20 14 6 103 61 128 54 118 58 146 69 167 83 141 55 42 74 60 77 84 86 4. Industrial 0 2 0 0 0 2 5. Commercial 6. Miscellaneous 0 0 0 2 2 4 8 6 5 8 5 32 128 44 133 97 43 158 139 176 141 177 1 791 125 153 122 149 283 832 856 762 735 802 580 PERMITS - County Total 2000 --. 1500 1000 500 0 1986 1987 1988 1989 1990 1991 1997 County Total Residential _,. _. —. Commercial & Industrial MONTHLY REPORT Comparison of Individual Monthly Totals 7,on.i.ng December 1992 Total December 1991 -- Total 1289 8 19871 86 Ga Oo O W E' H H O H Ztrl C > iaj `Wl �Er'r �Wz E' NE` zwwa ECjt H O p >+ >+ 7 >, >,, >, E C01 7 U)W rC ;r�� ul O U U) U U in p 0 OU U5 U O U O 1'0'PJ1.L PERP9I'PS 11P- U PROVED FOR ZONING 9 18 9 4 14 54 50 12 9 20 14 105 81 70 98 :117]:100 I. Multi -family 0 p 0 0 0 0 34 0 0 0 0 34 6 8 2. Single-family 0 15 15 dwellings 4 5 3 1 3 16 6 4 2 11 ~4 27 24 28 42 38 31 3. Mobile homes - New Units 0 0 4 0 0 0 0 0 0 0 4 _ I 0 0 0 1 2 5 2 9 5 19 - Replacements 0 4 0 0 0 0 0 0 0 0 0 0 5_ 0 6 2 12 4. Industrial 1 0 0 0 1 2 2 0 0 0 0 00 0 0 0 0 0 0 5. Commercial0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 6 15 3 2 6. Miscellaneous 5 9 6 3 11 34 9 8 7 9 9 42 1 42 26 32 56 33 PERMITS - County Total 200 — 150 _ 100 50 _ i I o 1986 1987 1988 1989 1990 1991 1992 '----' County Total Residential — • — • — Commercial & Industrial MON'TIILY REPORT zoning ur nccumutative Januar - December Y 1992 Total Monthly 'ToLAIS — Jan__uary - December 1991 'Total - 1990 -12 1989 1-12 1988 1-12 1987 1-12 1986 _ R0 M 4 IN V w Z O N U �/ � 0 O Ot WLD U P4 t- O H � O H Op HU H U H H On U H HH Z O E+ �, O U Gtll o Ot U UHi pq to p H H U TO'TNL PERMITS AP- PROVED FOR ZONING 279 289 246 276 309 1399 291 282 211 353 429 1566 1911 1899 1975 2016 13-40 1. Multi -family 2 13 0 36 48 99 41 17 0 39 51 148 262 238 244 242 53 2. Single-family dwellings 95 83 53 91 59 381 78 43 62- 143 59 385 459 682 661 642 463 3. Mobile homes - New Units 19 10 43 15 it 8 3 0 12 7 88 40 29 19 38 15 15 11 2 2 21 1 105 61 133 59 120 59 155 75 172 85 160 67 - Replacements 9 28 3 3 5 48 10 23 4 0 7 44 74 62 80 87 93 4. Industrial 0 2 0 0 0 2 1 17 0 3 122 27 21 0 2 6 5. Commercial 0 0 0 2 2 4 8 6 5 8 5 32 132 50 148 100 45 6. Miscellaneous 163 148 182 144 188 825 134 161 129 158 292 874 898 788 767 858 613 PERMI'T'S - County Total 2000 — 1500 1000 .-A__ 500 i o 1986 1987 1988 1989 1990 1991 1992 County Total Residential --- Commercial & Industrial M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Secretary SUBJECT: Bimonthly Report DATE: January 22, 1993 (1) Rezonings Pending: (dates are submittal dates) Twin Lakes 4/04/90 (Shaw) (RA to B2/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 Kenneth R. Heishman 11/12/92 Shaw Furniture Building John & Rachael Black 01/04/93 Gain Cottage Occupation Catalog Sales Ryland Homes 01/14/93 Opeq Off Premise Sign (5) Conditional Use Permits Approved• (dates are approval dates) None (6) Site Plans Pending: (dates are submittal dates Wheatlands Wastewater Fac. 9/12/89 Opeq Trmt.facil Grace Brethren Church 6/08/90 Shaw Church Flex Tech 10/25/90 Ston Lgt. Industrial Hampton Chase 12/18/90 Ston S.F. & T.H. Lake Centre 05/15/91 Shaw Townhouses Red Star Express Lines 05/24/91 Stan Whse. Addition Freeton 04/27/92 Opeq Townhouses 2 Winchester Church of God 07/29/92 BkCk Church Salvation Army 12/03/92 Ston Ofc/Housing Valley Proteins (rev) 12/16/92 Gain industrial Potomac Edison 12/23/92 Ston Elec.Substation Glaize Components 01/21/93 Shaw Mfg. Plant Cracker Barrel 01/21/93 Shaw Restaurant/ Fairfax Drive Ext. 08/05/92 Opequon Gift Shop (7) Site Plans Approved: (dates are approval dates) None (8) Subdivisions Pending: (dates are submittal dates) Henry Business Park 01/08/93 Stonewall (9) Subdivisions Pending Final Admin. A roval: (PIC aRproyal dates Abrams Point, Phase 1 6/13/90 Shawnee Hampton Chase 02/27/91 Stonewall Lake Centre 06/19/91 Shawnee Fredericktowne Est. 10/16/91 Opequon (sections 5, 6 and 7) Coventry Courts 12/04/91 Shawnee Senseny Glen 12/04/91 Shawnee Freeton 05/20/92 Opequon Fairfax Drive Ext. 08/05/92 Opequon Deer Run @ Sherando 08/19/92 Opequon (10) PMDP Pending: (dates are submittal dates) James R. Wilkins 111 11/02/92 Shawnee Prince Frederick Business Park 01/19/93 Shawnee (11) FMDP Pending Administrative Approval: dates are BOS aRproval dates Battlefield Partnership 04/08/92 Back Creek Hampton Chase (revised) 05/27/92 Stonewall (12) FMDP Administ. Approved (dates are admin. approval dates) None 3 (13) Board of Zoning Appeals Applications Pending (submit. dates David Walker 01/21/93 Shaw 15' rear/house Donald Stotler 01/21/93 Gain Lot size Jerry Bain 01/22/93 BkCk 16'front/garage (14) BZA Applications Approved• (approval dates) Alder Homes 01/19/93 Opeq 10' rear - house Potomac Edison Co. 01/19/93 Ston 50' front & 15' side; replace control bldg W.H.Emmart & Son 01/19/93 Opeq 8.5'front & 6.01side/sign Barry L. Bowser 01/19/93 BkCk 191front addition (15) BZA Applications Denied• None (16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER None E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #25 1. Local Transportation Issues & Priorities Bob Watkins briefed Commissioner Thomas and other VDOT officials on local transportation issues and priorities. 2. House NumberingZ911 System Staff is continuing with the update of the House Numbering Project through the use of ACAD11, dBase IV, and general inquiry. 3. Local Battlefield Plannin Bob Watkins attended a meeting at the Lord Fairfax Planning District offices to discuss possible university assistance with local battlefield planning efforts. 4. National Fire Incident Reporting System On January 8, Evan Wyatt produced census tract maps for Frederick County's 12 volunteer fire companies. These maps were requested by the Director of Emergency Services, Tom Owens, to assist Emergency Services with the National Fire Incident Reporting System. 5. Site Plan Reviews Evan Wyatt conducted the following site plan reviews: On January 5, met with Greenway Engineering to conduct a preliminary site plan review for the proposed Corp of Engineers facility. This site is located in the Prince Frederick Office Park on the south side of Route 50 East. On January 12, met with Greenway Engineering and Toan & Associates to discuss requirements for improvements to the Shamrock Truck Terminal site. This site is located on the south side of Tyson Drive in the Stonewall Industrial Park. On January 14, participated in a Technical Review Committee meeting to discuss improvements to the Glaize Truss Manufacturing site. This site is located off of Arbor Court near the Winchester Regional Airport._ 6. Population On January 15, Evan Wyatt provided the Center for Public Services with information that challenges specific data related to the Virginia State -Local Cooperative Program for Population Estimates. 7. Stephens City Ron Lilley is discussing minor boundary adjustments with the Town of Stephens City. P/C Review Date: 2/03/93 SUBDIVISION APPLICATION #001-93 HENRY BUSINESS PARK KIM HENRY 4 LOTS LOCATION: At the intersection of Baker Lane (Rt. 1200) and Fort Collier Road MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54000OA000097F and 54000OA000097L PROPERTY ZONING & PRESENT USE: Zoned B-2 (Business General) and B-3 (Business Industrial) land use - vacant ADJOINING PROPERTY ZONING & PRESENT USE• Zoned M-1 (Light Industrial) and B-2 (Business General) land use - business and commercial PROPOSED USE: 4 lots - 2.3387 acres REVIEW EVALUATIONS: Virginia Dept. of Transportation• No objection to the subdivision of this property. Before development this office will require a complete set of site plans detailing entrance design, drainage features and traffic flow data from the I.T.E. Trip Generation Manual 4th Edition for review. Any work on VDOT right-of-way will be covered under land use permit. Inspections Dept.: Shall comment on building Use Group at the time of structural plans review. Building shall comply with the Virginia Uniform Statewide Building Code, BOCA National Building Code, and title 28 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Sanitation: 1st review sanitation sewer easement. oil - correct and resubmit. Add Planning & Zoning: This proposed subdivision of four lots is in conformance with approved Master Development Plan #005-91. Proposed lots 39 and 40 are zoned B-3 and lots 41 and 42 are zoned B-2. Each individual lot will require a site plan for development. Lots 39 and 40 must use a shared entrance off Fort Collier Road to be in compliance with the Master Plan approval. A deed of dedication will be required for the two narrow strips on either side of Fort Collier Road that are to be used for public street purposes. Stormwater management will be a major issue during the development phase of these lots. STAFF RECOMMENDATIONS FOR FEBRUARY 3, 1993 PC MTG: Approval APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: //g/9 3 Application # Fee Paid l/ Applicant/Agent: r/E–Al" ssoc,,.arEs Address: P.o• (3o,2 30 7 S SH.AIJA G 1 )-,I V Phone: -11c3 Owners name: Address: 15;71:2- I,"'C- - M's ,'1:2-I,NcetM's Phone: t,6z - 73c�o Please list names of all owners, principals and /or majority stockholders: Contact Person: a tia ate` S. LtT�,, Phone: tnto7- tics Name of Subdivision: 4Aa 9,�, nE ss l�Rlt Number of Lots Total Acreage—.2-.3387 Ac– Property Location: 1. r+�c s r cr�ont pc �^-- A -kc tZ Lla na s, IZT ! •2� e7 AN TviLT Cv t_,,e z (Give State Rt.#, distance and direction from intersection) Magisterial District S-r-oHc w,4� Tax ID Number (GPIN) SLl. . A. 97Ic- ¢ 974 -7- Property zoning and present use: Zo,jc 13'3 - 6 2 P/4?e SC' -ry$ C ' YItGAN 1 - Adjoining property zoning and use: ZAKE 6X 61r = A4 llvEss &- V'.46A.uT /4-// Ulm CO�iyt��iPciAL Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? NE�yRy �uSiAeSS FAQ.%, Does the plat contain any changes from the approved MDP? Yes ^>1,_ No If yes, specify what changes: Atp'WTrotiA#-- 5 # OF sTrZct: bEb(cATeoN S EZ �wtM�n�TS Q Il.�.O. t Minimum Lot Size (smallest lot) 20,3-55 SQ. GT Number and types of housing units in this development: Number N /4 Types N /� k7CINITY" AMP --- (SCALE. 1 " = 2, 000') F/NAL SUBDI WS/ON PLA T L n TS 39, 40, 41 & 42 HENRY BUS/NESS PARK STONEWALL MAGIS7ERIAL DISTRICT FREDERICK COUNTY, VIRGINIA NOTfS- 1) NO 77TLE REPORT FURNISHED. THE PROPERTY CELINEA TED HEREON IS LOCA TED ON TAX ASSESSMENT MAP d 54.. A.. 97F & , K54.. A.. 97L. `- -J) CURRENT ZONING: LOTS 39 & 4(' - ZONED 63, USf_- VACANT LANA 41 & 42 - ZONED 82, USE- VACANT LAND 4) CURRENT OWNFRS.- KIMER� i G. & PAULA O. HENRY _ DEED BCUK 671 PAGE 710 AREA TABULA TION TOTAL LOT AREA 101, 874 SO. FT OR 2.3387 ACRES TOTAL S7REET DEDICA770N 2,088 SOFT. Cle 0.0480 ACRES TOTAL REMAINING AREA 1,091,647 SO.FT OR 25.0606 ACRES TOTAL SITE AREA 1,195, 503 SO. FT. OR 27.4473 ACRES APPROVED BY SUBDIVISION ADM7N7S7AA , Cfr' PLANNING COMMISSION FRED. CO SANI TA 77ON AU77YORI TY VA. DEPT. OF TRA NSPORTA77ON .,• X71-I,Yz gflS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT DA TF ANO DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. - DA TE DA 7E DATE !! 9z_ DA TE OCTOBER 19, 1992 SCALE. 5HEET 1 OF 4 r to TFI T,��. SUR VEYOR'S CER T/F/CA TE I, EDWARD W DOVE A DULY CERTIFIED LAND SURVEYOR IN THE COMMONWEAL TH OF ORG/N/A, DO HEREBY CER77FY THAT / HAVE CAREFULLY SURVEYED THE PROPERTY DELINEATED BY THIS PLAT AND THAT IT /S CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF- THAT IT /S A SUBDIVISION OF THE LAND ACQUIRED BY K/MERL Y G. & PAULA O. HENRY FRO,V L/. P. & RUBY S. DARLINGTON, RECORDED IN DEED BOOK 671 AT PAGE 710 & DEE! BOOK 704 AT PAGE 41 /N THE OFFICE OF THE CLERK OF T7/E CIRCUIT COURT OF FREDERICK COUNTY. 1, FURTHER CER 77FY THAT THE LAND EMBRACED IN THIS SUBDIVISION LIES EN77RELY W1THIN THE BOUNDS OF 77 -IE ORIGINAL TRACT, THA T THIS PLA T REPRESENTS AN ACCURA TF SURVEY OF THE SAME. GIVEN UNDER MY HAND THIS 19th DAY OF OCTOBER, 1992 EDWARD W. DOVE C.L.S. OWNER'S CONSENT WE THE UNDERSIGNED OWNERS OF T7 -IE PROPERTY SHOWN HEREON AND DESCRIBED IN 77 -IE SURVEYOR'S CER77F/CA TE; HEREBY ADOPT 77 -IIS PLAN OF SUED/VISION, DED/CA 7F THE 57REE7S- TO PUBLIC USE, ESTABLISH THE MINIMUM BUILDING RES77?IC770N LINES, RESERVE THE RIGHTS OF WAY AS INDICATED FOR CONSTRUCTION, MAINTENANCE AND OPERA TON OF STREETS, STORM SEWERS, SANITARY SEWERS AND WATER LINES, AND AGREE THAT IRON PIPE fl4LL BE SET AT ALL LOT CORNERS UNDER THE SUPERVISION OF A CERTIFIED LAND SUR IEYOR. lIE FURTHER CER77FY THAT THIS FINAL PLAT IS DRAWN /N ACCORDANCE WITH AN APPROVED FINAL MASTER DEVELOPMENT PLAN ON FILE IN 774E DEPARTMENT OF PLANNING AND DEVELOPMENT OF FREDERICK COUNTY. DA 7F DA TE CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 13883.51 ' _ 103.78' 51.89 103.78' N 34 44 40' E 002542' IA 1388_.3 51' 98.78' 49.39' 98.78' N J445'17" E 00:2428' _ 13883.51' 5.00' 250' 5.00' N 34'.1227' E 00171'14' _1B 2 30.00' 45.08' 28.03' 40.96' N 77U452" E 86V6'04' 3 25.00' 46.08' J2.95' 39.83' S 06 J3 J7" E 105:J657' 4 425.00' 81.57' 40. 91 ' 81. 45' S 40'4457' W 10:5949' 4A 425 00' 4.90' 2.45' 4.90' S 45 55 03' W 00 39:36 " 46 425.00' 76.68' .38.44' 76.57' S 40:25'09' W 1020'13" _ 5 _ 14685.12' 12.15' 6.08' 12.15' N 34'31:39" E 00'0251' 6 7 T 7_30.00' 21.30' 10.65' 21.30' N 583156" W 0140'20" 30.00' 45.07' 28. 01 ' 40.95' N 77:3.529" E 86'04 50' _ 8_ ^_25.00' ` 45.80' 32.55' 39.66' S 065325" E 1045722' _ _ 9 735.00' 54.99' J2.52' 64.97' N 60170 55" W 05173 59' s/IEEr 2 CF 4 THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT N DA TE- OCTOBER 19, 1992 SCALE.' I'= 50' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. ry BAKER LANE VARIABLE RIW 0 R--IJ88,151' Z -10_T78 - /F, T /ZOO O R – J0.00' — BUFFER \ 45. 08' Z/4-- —Qol7 T 7 20 WA TERL1,V6- J5, 8.R.i.--& R, R X423. pp 4A R = 25.00' L = 46.08' PROPOSED ROAD 50' WDE GRAPHIC SCALE 0 25 .50 100 I Inch — M ft. THIS PLAT HAS BEEN PREPARED INITHOUT THE BENEFIT OF A TITLE REPORT • AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. �� DA 7F ARCHITECTS OCTOBER 19, 1992 SHEET J OF 4 SCALE: t' = 50' to LOT 41 26,751 SQ. FT.�' WI N, h Qh �3 Z :zt S J03754' w Lo 148.22' OZ LOT 42 25,280 50. FT 1 15, N; 20" L,54.oj' S J575,02- w II S--A4N. SEWER ESM'T N JoVg'f5'E 1'14 1* V R X423. pp 4A R = 25.00' L = 46.08' PROPOSED ROAD 50' WDE GRAPHIC SCALE 0 25 .50 100 I Inch — M ft. THIS PLAT HAS BEEN PREPARED INITHOUT THE BENEFIT OF A TITLE REPORT • AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. �� DA 7F ARCHITECTS OCTOBER 19, 1992 SHEET J OF 4 SCALE: t' = 50' R=1388J.51 L�6.62" BAKER LANE VARIABLE Q, '468512' N I Ra14685.72 " L=12.15• BUFFER LINE 20 • WA TERL/NE I \ ESM'T. \ h W m 0 I\I N �r i to I 1 \y '� lu i WN EX. 30" SAN. SEWER & } "S WATERLINE EASEMENT N 11 12 I \ D. B. 5JO PC. 199 LOT 40 \ \ I I I 20, J55 SO. FT. \ o \ \ P2511 I \ \ 2 _ N J6t730,3- C \ \ \ m I ,QzLOT 39 \\ N \ C 2-9,488 SQ. FT. \ \ \ �• I\ \ 20' SANITARY SEWER ESM'T. 15' — N JOt79'15" E SLOPE & DRAINACE \ t\ u \ EASEMENT rn � S 6! \ \ GRAPHIC SCALE \ \ 0 23 50 100 \ 1 Inch — 30 IL SHEET 4 OF 4 THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT DA 7F• OCTOBER 19, 1992 SCALE. 1 = 50" FWD DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. 4 TR n i_ P/C Review Date: 2/03/93 CONDITIONAL USE PERMIT ##001-93 JOHN & RACHAEL BLACK Cottage Occupation Catalog Sales - Amsoil LOCATION: 1.3 miles north of Gainesboro on Route 600 MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER 19000020000040 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use - agricultural ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use - residential and wooded PROPOSED USE: Cottage Occupation -- catalog sales - Amsoil REVIEW EVALUATIONS: Virginia Department of Transportation: No comment Fire Marshal: Cannot comment on fire safety issues due to lack of information submitted with application Inspections Department: Building shall comply with the Virginia Uniform Statewide Building code and Section 303, Use Group B (Business), of the BOCA National Building Code/1990. Other codes that apply are title 28 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Permit required shall be a change of use for the existing building being used. Health Department: No objection to proposal as long as water usages does not increase. Paqe 2 Black CUP Planning Denartment: Applicant has represented this application to be catalog sales for Amsoil (a synthetic lubricating oil) from a newly constructed accessory building. Only traffic generated will be occasional delivery vehicles that might be expected at most rural residential locations. Within the bounds of the presentation this should have no noticeable impact on the general character of the neighborhood. STAFF RECOMMENDATIONS FOR FEBRUARY 3, 1993 PC MEETING: Approval with the following conditions: 1. Any expansion of the business or facilities used to conduct this business will require a new conditional use permit. Submittal Deadline P/C Meeting ) -.f, _ 573 BOS Meeting 2-2 V - �P l� APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. A olicant (The applicant if the owner other) NAME: Jnhn & Rachael Blank 265 Pond View Rd. ADDRESS: Winchester VA 22603 TELEPHONE Cj 019---6c� ':sv 2. Please list all owners, occupants, or parties in interest of the property: 1 l( 3. The property is located at: (please give exact directions) JV0-e i V ( D/Lc ice% �oOb 4. The property has a road frontage of NO feet and a depth of feet and consists of 9, -77 acres. (Please be exact) — - 5. The property is owned by 0„i,u � � �pi�� as evidenced by deed from 6,92 y ie *eaL E: y recorded (previous owner) in deed book no. gs on page /%o registry of the County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District C; A- /� E5 A3 o Current Zoning Ro Z' _ 7. Adjoining Property: USE ZONING North . East0 y/9 A - South West page -2- CUP Application August, 1990 8. The type of use proposed is (consult with the Planning Dept. before completing) 62 Ti -A &� 6 d e- y ,a R r. T i a .-/ - G- A r: z-, c, C S D -- ,�•r c o/ t 9. It is -proposed that the following buildings will be constructed: -� C sz -4 6 ,� �. ,o 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be permitted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14—DIGIT NUMBER. Gv2-�C� JC Address v, Property IDT /<7 wN,r�v�rJ LU —�Y Address NC �� Z3c x urs-, Property IDT `Y1v2 � , lZcr3C L i���Jr s Address c?- j q 7-6-4 Property IDT '7r�h4 S J Ai rte L JL,.v,�z Address $i C6Al � �, ��k z�Z zzc,5 Property IDT /C-7 _ -- s z PqU 1 cAN•1i X7-0 < Address Property IDT f _ _ 0 f c7 _ _ 14-7 {YJ� AddressC>3 2Q y�c�, z,D77Z t Property IDT Icy ^,� _ 5-1S -" NAME page -4- CUP Application August, 1990 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Signature of Applicant Signature of Owner n� Owners' Mailing Address C, .:5-- Po.v eWc--,% ✓,¢_-2 Z6 0 3 Owners' Telephone No. �c, - 3 ��U Page -3- CUP Application August, 1990 11. Please use this page for your sketch of the property. Show proposed and/or .existing structures on the property, including measurements to all property lines. /1�7- 2 - IV /.—� --Z- COUNTY of FREDERICK Department of Planning and Development 703 /665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II RE: Proposed Amendments to Chapter 144 and Chapter 165 DATE: January 20, 1993 The Frederick County Planning Department requested that the Development Review and Regulations Subcommittee (DRRS) conduct a comprehensive review of the Frederick County Zoning Ordinance. The purpose of this comprehensive review was to address items of concern that have been expressed since the Zoning Ordinance was amended in February, 1990. The DRRS discussed these various items throughout 1992, as well as January, 1993. The DRRS has recommended that the full Planning Commission discuss all proposed amendments to date. The following discussion items reflect these proposals, their new codified references, and a brief explanation of how the new language varies from the old language. Please bring your copies of Chapter 144 and Chapter 165 to this meeting for reference purposes. of North Loudoun Street P.O. Box 601 Vi'inchcster. VA 22601 Winchcstcr, VA 22604 PROPOSED AMENDMENTS TO CHAPTER 144, SUBDIVISION ORDINANCE OF THE FREDERICK COUNTY CODE ARTICLE IV, Subdivision Review Procedures 144-11. Preliminary sketches. (pg. 14415) A preliminary sketch may be required for any subdivision that does not require a Master Development Plan. Within the Rural Areas (RA) zone, a preliminary sketch shall be required for any proposed subdivision which contains roads intended for dedication to the Virginia Department of Transportation for state maintenances or rural preservation lots. Preliminary sketch plans, complete with all materials required by section 144-35 of this chapter, shall be submitted to the Subdivision Administrator for review and comment prior to preparation of final plans. (New language has been created to state that preliminary sketches are required for subdivisions containing state maintained roads or rural preservations lots.) ARTICLE V, Design Standards 144-31B(2). Major rural subdivisions. Access (pg. 14434) All roads serving lots within a major rural subdivision shall be built to the Tertiary Subdivision Street Standards of the Virginia Department of Transportation and dedicated to Frederick County for eventual acceptance into the state secondary road system. (Old language required all roads in a major rural subdivision to be built to Tertiary Standards. This creates a scenario where an existing road passing through a parcel to be subdivided, but not,serving lots, would have to be built to Tertiary Standards.) 1 ARTICLE IV, Plan Requirements 144-37G. Final plats. (pg. 14442) An indication of the portion of the allowable density from the parent tract, (as determined by section 165-52, Permitted residential density; exception; of Chapter 165 of the Frederick County Code) which is to be allocated to each parcel resulting from the subdivision. (The proposed amendment would require that an indication of the portion of the permitted density from a parent parcel that is to be conveyed to newly created lots be placed on the plat. This would eliminate confusion since the allowable density on a parcel created after the adoption date of these regulations may vary based on the history of the parcel.) 144-37AA. Final plats (pg. 14442) Notarized owners certification as required by section 15.1-477 of the Code of Virginia. 144-39A(88). Minor rural subdivisions (pg. 14444) A statement indicating the portion of the allowable density of the parent tract, (as determined by section 165-52, Permitted residential density; exception; of Chapter 165 of the Frederick County Code) which is to be allocated to each parcel resulting from the subdivision. (This language has been created for the same reason as section 144-3 M Final plats. The language also replaces the former language under section 144-39A(8), which provided for one time divisions. One time divisions were eliminated by previous amendments to this chapter.) 144-39A(10). Minor rural subdivisions. (pg. 14444) Notarized owners certification as required by section 15.1-477 of the Code of Virginia. 2 PROPOSED AMENDMENTS TO CHAPTER 165, ZONING ORDINANCE OF THE FREDERICK COUNTY CODE ARTICLE H, Amendments 165-9A & 165D Applications. (pg. 16514) This section describes procedures for petitioning a rezoning application. It has been suggested that we revise this section to change Zoning Administrator to the Department of Planning and Development. ARTICLE III, Conditional Use Permits 165-16GG Conditions. (pg. 16523) Cash contributions for road improvements or for planned facilities identified in the Frederick County Capital Improvements Plan. (It has been recommended that this section be eliminated, as this is considered a proffer which is voluntarily offered by the applicant.) ARTICLE IV, Supplementary Use Regulations 165-23G Setback requirements (pg. 16528) Fences, free-standing walls, and berms shall be exempt from the setback requirements. (The new language includes berms as an exemption.) 16.5-2436 Height limitations; exceptions. (pg. 16529) If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be setback the normal setback plus one foot for every foot over the maximum allowed height of that zoning district. 1 165-26B(3) Accessory dwellings. (pg. 16530) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District, R4 Residential Planned Community District, and R5 Residential Recreational Community District. (This language has been modified to avoid confusion with permitted temporary or permanent housing for workers on operating farms.) 165-26E Accessory uses. (pg. 16530) In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm. (This language has been created to eliminate the possibility of using mobile homes as storage buildings or other uses.) 165-27D Vehicle parking restrictions. (pg. 16534) No part of a tractor -trailer, bus, dump truck, or any truck with a total length of twenty-five (25) feet or greater shall be parked or stored within the RP Residential Performance District, the R5 Residential Recreational Community District, or the MH 1 Mobile Home Community District. (This heading has been changed from Tractor -trailer parking, and has been amended to include buses and dump trucks, and the R5 Zoning District.) 165-27E(7) Driveway access. (pg. 16536) It has been suggested that this heading be titled Entrance Requirements instead of Driveway Access. This revision would assist in avoiding confusion with section 165-29A New driveways. (pg. 1654 1) 165-30J Sign permits. (pg. 16549) Before a sign .Permit may be constructed, reconstructed or altered, a sign permit shall be obtained from the Frederick County Building Official. (Current language states "...shall be obtained from the Director of Code Administration. " Vie new language is an attempt to avoid confusion with other administrators.) 165-30J(1_) Sign permits. (pg. 16549) Commemorative plaques and historical markers shall be exempt from obtaining sign permits. 2 165-47C(2) Inoperative motor vehicles. (pg. 16569) Where inoperable motor vehicles are stored outside of a completely enclosed building as allowed by this chapter, they shall be screened by fences, landscaping, or natural vegetation to ensure that they are not visible from public roads or surrounding properties. (The current language reads "...screened by fences, landscaping, natural vegetation, or other means... ". Or other means has been removed from this section to avoid interpretation conflicts, such as using tarps and similar items to screen inoperative vehicles.) ARTICLE V, RA Rural Areas District (The proposed amendments to this section are aimed at clarifying the required setbacks in the RA zone, including correcting an oversight which resulted in there being no setback specified from a preexisting road which, at the time of subdivision, is not state maintained.) 165-55 Setback requirements. (pg. 16577) The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. 165-55A Traditional five acre lots. (pg. 16577) Setbacks from traditional five acre rural preservation lots which adjoin any parcel other than another rural preservation lot shall be determined by the existing land use of the adjoining parcel as set out below. Setbacks for rural preservation lot lines which adjoin other rural preservation lots shall be as set out by section 165-55B of this chapter. 165-55A(1) Front setbacks. (pg. 16577) The front setback for any principal or accessory use or structure located on a traditional five acre lot shall be sixty (60) feet from the property line or right-of-way of the street, road, or ingress/egress easement. 3 165-55A(2) Side or rear setbacks. (pg. 16577) The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: ADJOINING LAND USE SETBACK residential/vacant 50 feet agricultural 100 feet orchard 200 feet 165-55B Rural preservation lots. (pg. 16577) The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as follows: 165-55B(1) Front setback. (pg. 16577) The front setback for any principal or accessory use or structure shall be sixty (60) feet from the right-of-way of any existing state maintained road, and forty-five (45) feet from the right-of- way of any existing private ingress/egress easement or state maintained road constructed to serve the subdivision. 165-55B(_2) Side setback. (pg. 16577) No principal use or structure shall be located closer than fifteen (15) feet from any side lot line. 165-55B(3) Rear setback. (pg. 16577) No principal use or structure shall be located closer than forty (40) feet from any rear lot line. 165-55C Existing structures. (pg. 16578) The side or rear setbacks for any lot created around an existing use or structure, or any family division lot shall be fifty (50) feet from all lot lines. 165-55D Accessory uses. (pg. 16578) The minimum setback for any accessory use or structure shall be fifteen (15) feet from any side or rear property line of a traditional five acre lot or any side or rear property line of a rural preservation lot. 4 165-56 Dimensional requirements. (pg. 16578) 165.56(A) Minimum width. (pg. 16578) The minimum width for rural preservation lots, fronting on roads proposed for dedication shall be two hundred (200) feet at the front setback, with the exception of lots fronting on the turn- around of a cul-de-sac, which shall have a minimum width of one hundred (100) feet at the cul- de-sac. The minimum width for all other lots shall be two hundred fifty (250) feet at the front setback line. .ARTICLE VII, R4 Residential Planned Community District 165-72 Design Requirements (pg. 16601) (The following language has been drafted to allow for flexibility in the design of a R4 development.) 165-72B(l) Alternative dimensional reauirement plan. (pg. 16601) '4S ? Itioy2 w�7 h� �� o1 ✓��` pk �V ✓�"�5 691 k�5�����j�� Vkr��.� �6�'. �`' An alternative, dimensional plan may be included with the master development plan for the development. This plan shall describe a system of dimensional requirements for all planned uses in the develo x��nt " When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter, applying to the land included in the development, and shall replace other dimensional requirements contained in this chapter. Such alternative dimensional requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms with policies set forth in the Comprehensive Plan, and follows generally accepted good planning practices. 165-72G(1) Alternative_ buffer and screening plan. (pg. 16602) An alternative plan for buffers and screening and the separation of uses may be included with the master development plan for the development. This plan shall describe a specific system of buffers, screening and use separation for all planned uses in the development. When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter applying to the land included in the development and shall replace other buffer and screening requirements contained in this chapter. Such alternative requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms with policies set forth in the Comprehensive Plan, and follows generally accepted good planning practices. Buffer and screening requirements for the perimeter boundary of the planned community shall not be included in the alternative buffer and screening plans. 5 165-72M(3) Phasing (pg. 16603) A reasonable balance shall be maintained between residential and non-residential uses. The phasing plan for the development shall include a reasonable portion of the non-residential uses in all phases of the development. ARTICLE XX, Definitions INOPERABLE MOTOR VEHICLE (pg. 16675) - A vehicle which is not legally operable due to lack of licensing, as required by the Virginia Division of Motor Vehicles, and/or lack of safety inspections, as required by the Virginia State Police Department. (The current definition states that an inoperable vehicle is one not licensed and not stored in an enclosed building, or a vehicle missing a major component necessary for safe operation. It has been. recommended that "not stored in an enclosed building" be removed so this will not be in conflict section 165-47C. It has also been recommended that "missing a major component necessary for safe operation" be removed to alleviate staff from making technical determinations that they are not qualified to make.) MOBILE HOME (pg. 16677) - A structure, transportable in one (1) or more sections, which in travel mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. (The remainder of the current definition has been eliminated. It states "...with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, air-conditioning and electrical systems. " It has been recommended that this portion be eliminated to be consistent with section 165-26E. 0