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PC 10-21-20 Meeting Agenda1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.September 2, 2020 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.2035 Comprehensive Plan Amendment - CPPA #01-20 - Waverly Farm Sewer and Water Service Area (SWSA) Expansion Request - (Mrs. Perkins) Proposed expansion of the SWSA boundary to include the following parcels, totaling approximately 171 acres: 33-A-69, 33-A-70, 33-A-71, 33-A-73, 33-A-74, 33-A-75, 44-A- 78, 44-A-78A, 44-A-78B, 44-A-78C, 44-A-79, 44-A-80, and 44-A-80A. These properties are currently designated in the 2035 Comprehensive Plan for future mixed use industrial/office and industrial land uses, and are located west and adjacent to Interstate 81, south of Hopewell Road and are in the Stonewall Magisterial District. 6.B.2035 Comprehensive Plan Amendment - Northeast Land Use Plan (NELUP) - Sewer and Water Service Area (SWSA) Boundary Limit Adjustments - (Mrs. Perkins) Proposed revisions to the NELUP to adjust the boundary of the SWSA. This boundary adjustment proposes to remove 681.97-acres from the SWSA. This area is located east AGENDA PLANNING COMMISSION WEDNESDAY, OCTOBER 21, 2020 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC10-21-20MinutesSeptember9.pdf PC10-21-20CPPA01-20.pdf 1 of Martinsburg Pike and north and south of Brucetown Road. The adjustment also proposed the addition of 1,017.40-acres to the SWSA in three locations: (1) west of I- 81, south of the West Virginia line, north and south of Rest Church Road, (2) east of I- 81, south of the West Virginia line, east of Woodside Road, north and south of Grace Church Road, and (3) west and adjacent to I-81 south of Hopewell Road. These areas are located within the Stonewall Magisterial District. This SWSA boundary adjustment proposes an overall net increase to the boundary of 335.43 acres. 7.Information/Discussion 7.A.Ordinance Amendment - Backyard Chickens in the RP District - (Mr. Klein) 8.Adjourn PC10-21-20NELUPSWSABoundaryStudy.pdf PC10-21-20OABackyardChickens.pdf 2 Planning Commission Agenda Item Detail Meeting Date: October 21, 2020 Agenda Section: Meeting Minutes Title: September 2, 2020 Meeting Minutes Attachments: PC10-21-20MinutesSeptember9.pdf 3 Frederick County Planning Commission Page 3728 Minutes of September 2, 2020 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on September 2, 2020 PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; J. Rhodes Marston, Back Creek District; John F. Jewell, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: William H. Cline, Stonewall District. STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the September 2, 2020 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Dawson and seconded by Commissioner Oates, the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to move Item 6.B, CUP #10-20 for Hans Holthaus to be presented first. 4 Frederick County Planning Commission Page 3729 Minutes of September 2, 2020 CITIZEN COMMENTS Chairman Kenney called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Kenney closed the public comments portion of the meeting. ------------- COMMITTEES Transportation Committee – Mtg. 08/24/20 Commissioner Oates reported, the Committee discussed the SmartScale update and projects that moved forward were: Shawnee Drive and Route 11 widening the north bound lanes, 4.4 million dollar project; On Route 7 the intersection improvements at Millbrook and First Woods, 1.9 million dollar project; Improvement on exit 317 to realign the ramps and remove a stop light, 5.9 million dollar project; Route 11 and Old Charlestown Road roundabout , 6.4 million dollar project; and a large improvement at exit 317 which the local VDOT is supporting, 40.5 million dollar project. The Committee discussed the concerns in the Ravens regarding the cut through traffic. It was decided to possibly paint lines on the roads. Board of Supervisors Board of Supervisors’ Liaison, Supervisor Graber commented, Mr. Jewell and Mr. Marston have done a tremendous amount of work in regards to the Bartonsville project and their efforts are appreciated, and he commended them for reaching out to the citizens. ------------- PUBLIC HEARING Conditional Use Permit #10-20 for Hans Holthaus, submitted for a public garage with no body repair (vehicles and farm equipment). The property is located at 5115 Cedar Creek Grade, Winchester, Virginia and is identified with Property Identification Number 72-A-22A in the Back Creek Magisterial District. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a Conditional Use Permit for the establishment of a public garage without body work; this use would repair vehicles and farm equipment. He continued, the property is zoned RA (Rural Areas) District and the current land use is residential and agricultural; surrounding properties are zoned RA and have agricultural and residential land uses. He provided a locations map of the property. Mr. Cheran explained, the Zoning Ordinance defines a “Public Garage” as designed or used for servicing, repairing or equipping motor vehicles. The Applicant proposes to have one (1) employee with this use. He noted, the use would take place entirely within an existing building on-site and access to the property is provided by a private 5 Frederick County Planning Commission Page 3730 Minutes of September 2, 2020 driveway from Cedar Creek Grade Road (Route 622). The 2035 Comprehensive Plan of Frederick County identifies this area of the County as “rural” and is to remain rural/agricultural in nature and is not part of any land use study. Mr. Cheran shared the conditions as recommended by Staff. 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All auto repair related activities, including storage of vehicles awaiting service, shall occur entirely within an enclosed structure. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon on Saturdays and closed on Sundays. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 6. Any expansion or change of use shall require a new Conditional Use Permit. Commissioner Thomas asked if there is a limit as to what can be stored outside and how many vehicles. Mr. Cheran commented, typically 5 vehicles. Chairman Kenney asked the Applicant if he would primarily be working on farm equipment. Mr. Holthaus responded that is correct. Commissioner Thomas stated he would like to add 5 pieces of equipment as part of a condition. Commissioner Oates commented, by-right he could have as many tractors and such as he wants on his property. Mr. Ruddy commented, possibly the 5 pieces could be identified as highway vehicles. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Marston and seconded by Commissioner Dawson with a change to condition #3 to add “limit of 5 highway vehicles” BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #10-20 for Hans Holthaus, submitted for a public garage with no body repair (vehicles and farm equipment). The property is located at 5115 Cedar Creek Grade, Winchester, Virginia and is identified with Property Identification Number 72-A-22A in the Back Creek Magisterial District. (Note: Commissioner Cline was absent from the meeting). Conditional Use Permit #05-20 for Bartonsville Energy Facility, LLC, submitted to construct a 705 acre utility-scale solar power generating facility (disturbed area) located on a property totaling approximately 1,160.50 acres. The properties are generally located along Marlboro Road (Route 631), Passage Road (Route 648), Springdale Road (Route 649), Middle Road (Route 628), and west of the CSX rail corridor in Frederick County and partially within the Town of Stephens City limits and are identified with Property Identification Numbers 74-A-45, 74-A-44A, 74-A-4, 74-A-6C, 74- A-44, 74-A-35A, 74-A-20, 74-A-21, 74-A-3 and lots 1-12 (inclusive) in the Springdale Glen Subdivision and lots 1-52 (inclusive) in the Carrollton Estates Subdivision and in the Back Creek and Opequon Magisterial Districts. 6 Frederick County Planning Commission Page 3731 Minutes of September 2, 2020 Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this Conditional Use Permit #05-20 for Bartonsville Energy Facility, LLC has been submitted to enable construction of a 705-acre utility-scale solar power generating facility (disturbed area) located on a property totaling approximately 1,160.5-acres He presented a locations map of the properties. The Board of Supervisors added “utility-scale solar power generating facilities” as a conditional use to the Zoning Ordinance on January 8, 2020. Mr. Klein explained, this project will generate 80 to 120 megawatts (MWS) of photovoltaic (solar) energy; 705- acres will be utilized for the installation of rows of ground-mounted photovoltaic modules, commonly known as solar panels, other necessary equipment for facility operations, access paths, security fencing, and landscaping. He noted, power generated will be combined, converted, and increased to allow delivery to the adjacent First Energy 138 kilovolt(KV) transmission line. Mr. Klein reported, a portion of the project (approximately +/- 132.4-acres) is within the Town of Stephens City; these properties are subject to the regulations of the Town (by-right use), and the project will receive separate approvals for the use of this acreage for the proposed use. He continued, 64 platted residential lots in the County (Springdale Glen & Carrollton Estates subdivisions) will also be vacated as part of this project in addition to the dedicated right-of-way. Mr. Klein explained, the 2035 Comprehensive Plan envisions this area of the County to remain primarily rural in nature and for agricultural land to be preserved for future generations; the project is generally compatible with the Comprehensive Plan, with the rural character of the area, and with the adjoining agricultural and residential uses; the preservation of the underlying land maintains the ability for agricultural uses in the future. Mr. Klein discussed the Zoning Ordinance Conformance: • Setbacks for the solar arrays (panels) will conform to the setback requirements contained in the Zoning Ordinance for principle uses in the RA (Rural Areas) Zoning District (§165-401.07): o 60-feet (FT) front setbacks from right-of-way streets and roads o 50-FT side/rear setback from adjoining parcels 6-acres or less o 100-FT side/rear setback from adjoining parcels of more than 6-acres o 200-FT side/rear setback from Ag & Forestal Districts (more than 6- acres) and orchards (regardless of size) Mr. Klein noted, the Zoning Ordinance requirements for “Public Utilities” including “utility-scale solar power generating facilities” (§165-204.26) specifies the Zoning Administrator has the authority to determine appropriate setbacks for lots. • Site Plan review and approval under Article VIII o Concept Plan (revised 8/28/20) submitted with application o Setbacks of 100-FT to 200-FT around perimeter of the project o Landscaping/screening provided through a “Landscape Buffer” including a mix of deciduous trees, evergreen trees and shrubs, and earthen berms (Concept Plan sheet 3 and 4) o Access to the site is proposed through two (2) entrances located on Springdale Rd. (Route 649) and one (1) entrance from Passage Rd. (Route 648), (Concept Plan sheets 3 and 4) • Decommissioning Plan o Decommissioning Plan submitted with application o Provisions for removal of all equipment and site restored to “pre- development condition” 7 Frederick County Planning Commission Page 3732 Minutes of September 2, 2020 o Specifies entering into a written agreement and “financial security” with Frederick County for the life of the project in conformance with Zoning Ordinance requirements and the Code of Virginia o Estimated costs are reviewed and updated every five (5) years Mr. Klein reported, in addition to requirements contained in the Zoning Ordinance, the Applicant will pursue a “Permit-by-Rule” (PBR) through the Virginia Department of Environmental Quality (DEQ). He explained, the PBR is a state-level administrative review and approval process, including environmental and cultural review and study. He noted, one component of the state required PBR review is local jurisdiction approval of solar project siting; this CUP application, if approved by the Frederick County Board of Supervisors would satisfy that requirement enabling completion of a PBR process for this project. Mr. Klein presented the Conditions recommended by Staff: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheets 3 and 4 of the Concept Plan, “Landscape Buffer A, B, C, D, E & F,” included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. The landscape buffer plantings shall be maintained in good health for the life of the project. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of §15.2-2241.2(B) of the code of Virginia. The written agreement shall be updated every five (5) years and in general conformance with the Exhibit D: Preliminary Decommissioning Plan, included with the CUP application, prepared by Torch Clean Energy, dated May 2020. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, are prohibited as part of this CUP. 6. This conditional use permit shall not be effective unless and until the vacations of Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In addition, the approval and recordation of such vacations shall take place prior to the approval of any site plan for the use authorized by this conditional use permit. 7. Access to the site shall be limited to two (2) entrances from Springdale Road and one (1) entrance from Passage Road, and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. Delivery of solar array panel construction 8 Frederick County Planning Commission Page 3733 Minutes of September 2, 2020 materials will occur at the site access entrance off of Passage Road identified as Deer Lane on Sheet 4 of the Concept Plan. Solar array panel materials delivery laydown area will be limited to Tax Parcel 74-A-44A (Carbaugh Property). 8. Pile-driving of poles for solar arrays during construction shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 9. The location of inverters serving the solar project shall be at least 450-feet from project boundaries adjoining residential properties. 10. Any expansion or modification of this land use will require the approval of a new CUP. Mr. Klein noted, any recommendation for approval should include a statement affirming that the proposed solar facility is in substantial accord with the Comprehensive Plan. Commissioner Thomas inquired if the decommissioning agreement is between Torch Clean Energy and Frederick County. Mr. Klein responded that is correct and there will be a bond. Chairman Kenney requested clarification on how many lots will be vacated. Mr. Klein responded 64 lots. Commissioner Molden asked if these lots can be reinstated. Mr. Klein commented no, they would need to go through the subdivision application process. Mr. Evan Wyatt, of Greenway Engineering, representing the Applicant came forward and provided a brief overview of the project. He introduced Mr. Sam Gulland of Torch Clean Energy. Mr. Gulland provided an overview of the company. He shared information on other solar projects located in Virginia. Mr. Gulland noted, they met with multiple neighbors near the project. He explained the development timeline for the project and the construction phases. Commissioner Thomas asked if during the construction phase they will strip the topsoil. Mr. Gulland responded in general they do not strip the topsoil and they do put gravel for the access. Commissioner Thomas inquired at the substation, where does Torch ownership end. Mr. Gulland noted, all underground lines to the point of interconnect. Commissioner Oates commented, the Stephens City portion is out of Frederick County’s jurisdiction. Mr. Klein stated that is correct, those properties are by-right within the town of Stephens City and would be determined by their zoning requirements. Chairman Kenney inquired what the rest of the land will be used for that is highlighted yellow running along the railroad. Mr. Wyatt explained this is the Staples family property and they intend to retain the farm as is; there is a 35’ easement along the eastern side of the property and the only real change will be the addition of the substation and the switching station. Chairman Kenney asked if the decommissioning is a transparent process between Torch and Frederick County and how the bond amount is established. Mr. Gulland explained, the decommissioning process comes from Virginia State law and has to have a licensed engineer do this and approve by the County. Chairman Kenney asked how the solar panels are disposed of. Mr. Gulland noted, there are recycling operations that handle this and can also use the landfill if needed. Chairman Kenney inquired where the invertors will be located. Mr. Gulland explained, typically they are located in the middle of the project and there is usually one invertor for every 30 – 40 acres. 9 Frederick County Planning Commission Page 3734 Minutes of September 2, 2020 Commissioner Triplett asked what the interconnection would be between the solar panels and the local power companies. Mr. Gulland explained, Potomac Edison owns the transmission and that is a very long process, he noted this will not have any direct effect on retail electricity prices. Commissioner Thomas asked if the parcel highlighted yellow was in Frederick County or Stephens City and if it will remain agriculture and if it could be broken up into 5 acre lots for development. Mr. Wyatt commented that is correct. Mr. Ruddy noted, anything permissible under the zoning ordinance could be done and they would have to consider any previous approvals. Chairman Kenney noted, it can still be developed but the CUP would be addressed. Mr. Ruddy commented it would not preclude them from developing. Commissioner Thomas asked about sub-dividing other acres. Mr. Wyatt explained, the solar panels takes them out of by-right use, and it takes them out of development. Mr. Klein commented the parcels shown in yellow are only for underground interconnection. Commissioner Thomas and Commissioner Mohn requested clarification on the actual number of acres. Mr. Klein reported the actual number is 1160.50 acres. Commissioner Oates commented if there is a concern that remaining acres may be subdivided then a condition should be placed to restrict this while solar panels are in place. Commissioner Mohn inquired as to what techniques will be used to maintain vegetation on the property. Mr. Gulland explained, there will 72” mowing and possibly sheep grazing. Mr. Williams, County Attorney, provided and explanation as to why the entire Staples property is included in this CUP even though a small fraction will be used. Commissioner Dawson asked if Torch Clean Energy will be leasing the entire Staples property. Mr. Gulland responded no, just the portion that is needed will be leased. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Charles Heath shared his concerns and questions. He does not feel the buffers will be adequately planted thus the project remaining an eyesore. He stated he is not against the project, but he does not want his complete view blocked by solar panels. He requested the CUP be postponed. Ms. Cecelia Brown came forward to oppose this application. She is concerned with the affects on the community, the amount of money involved to the property owners, and inquired as to when Torch entered into an agreement with the property owners since the citizens did not know anything about it until just recently. Ms. Sandra DeAzagra shared her concerns of the value of the nearby property owners; the project being a long term eyesore; and the setbacks that are not enough. Mr. Jason Gordon shared a history of why his family moved to this area. He raised concerns regarding the lack or ordinances and shared other ordinances from surrounding areas. Mrs. Julie Gordon commented that Supervisor Graber, Commissioner Marston, and Commissioner Jewell made an honest effort to accommodate the citizens. She stated Frederick County should have a solar ordinance and there should be a moratorium placed on solar facilities. Ms. Isabella Gordon voiced her concerns with the application and noted a solar ordinance should be in place such as those in other Counties. Mrs. Sonya Sneddon cited the ordinances currently in Page County pertaining to solar farms. She would like to see a larger buffer put in place. She noted, Torch Clean Energy does not have a lot of history as a company to come in and put such a large facility. 10 Frederick County Planning Commission Page 3735 Minutes of September 2, 2020 Mr. Kevin Sneddon commented there is not protection for the residents; there needs to be a solar ordinance in place. He stated this project is commercial in nature. Ms. Elizabeth Falgoust commented this is upsetting as she is building a home nearby and she is not satisfied width the buffers being put in place. She stated the 500’ buffer is on her land. Mr. Rudy Falgoust commented the buffer is being put on his land. He stated he has Multiple Sclerosis and is concerned the ill effects this may have on his health. Mrs. Linda Heath commented her views are going to be destroyed by this large project. She continued, her concerns also include safety with such large materials; way of life will be changed; no proof that solar energy is safe; water runoff; the effects on wells and foundations; and a fire hazard. She recommends this project be postponed. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Oates asked Staff to confirm that the property within the corporate limits of the Town of Stephens City was subject to the applicable regulations of the Town and not under the jurisdiction of Frederick County. Mr. Klein confirmed this was the case and those parcels were included in the overall project information for context only. Mr. Wyatt responded to the comments noting that several of the speakers are residents of the Town of Stephens City and the portion of the project they were concerned about is within the Town’s corporate limits, and not subject to the regulations of Frederick County. He further stated that in an effort to be a good neighbor they had worked directly with the adjoining property owners and district commissioners to address those concerns through enhanced landscaping and a 7 ft. tall earthen berm. Mr. Wyatt noted, all of the proposed landscaping/screening was included on Sheets 3 and 4 of the Concept Plan (revised August 28, 2020) and the conditions specify conformance with the plan. Commissioner Jewell stated the project would increase tax revenue to the County, would eliminate 64 platted residential lots bringing a net savings to the County on capital costs, would preserve agricultural land for future use, and the work done by the Applicant to address neighbor concerns would ensure the project was not visible from adjoining roadways and residences. Commissioner Oates proposed an additional condition be added that for the life of the project no new residential lots could be subdivided out while solar facilities were located on the property. Upon motion made by Commissioner Jewell and seconded by Commissioner Marston with the addition of a condition to be added that for the life of the project no new residential lots could be subdivided out while solar facilities were located on the property BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Conditional Use Permit #05-20 for Bartonsville Energy Facility, LLC, submitted to construct a 705 acre utility-scale solar power generating facility (disturbed area) located on a property totaling approximately 1,160.50 acres. The properties are generally located along Marlboro Road (Route 631), Passage Road (Route 648), Springdale Road (Route 649), Middle Road (Route 628), and west of the CSX rail corridor in Frederick County and partially within the Town of Stephens City limits and are identified with Property Identification Numbers 74-A-45, 74-A-44A, 74-A-4, 74-A-6C, 74-A-44, 74-A-35A, 74-A-20, 74-A-21, 74-A-3 and lots 1-12 (inclusive) in the Springdale Glen Subdivision and lots 1-52 (inclusive) in the Carrollton Estates Subdivision and in the Back Creek and Opequon Magisterial Districts. 11 Frederick County Planning Commission Page 3736 Minutes of September 2, 2020 YES: Jewell, Marston, Ambrogi, Manuel, Oates, Thomas, Mohn, Dawson, Morrison, Molden NO: Kenney, Triplett (Note: Commissioner Cline was absent from the meeting). Ordinance Amendment – Day-Care Facilities, an Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE I General Provision, Amendments and Conditional Use Permits; Part 101 General Provisions, §165-101.02 Definitions and word usage. Day-Care Facility. ARTICLE VI Business and Industrial Zoning Districts; Part 602 B1 Neighborhood business District §165-602.02. Allowed Uses; Part 603 B2 General Business District §165-603.02. Allowed Uses; Part 605 OM Office-Manufacturing Park District, §165-605.03. Secondary or accessory uses. Revision to the Frederick County Zoning Ordinance to expand the definition for Day-Care Facility to include the care, protection and guidance of adults in addition to children, and to include this definition in the B1 (Neighborhood Business) District, B2 (General Business) District, and the OM (Office-Manufacturing) District. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to Chapter 165 – Zoning Ordinance to expand the definition for “Day-Care Facility” to include “adult-care” and to use consistent terminology for “Day-Care Facility” throughout the ordinance. He noted, the current definition for “Day-Care Facility” limits these services to only children. Mr. Klein continued, an amendment to the definition is proposed as follows: A facility in which five children and/or adults, not including persons who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance during only part of the twenty-four hour day. Mr. Klein reported, Day-Care Facilities (as defined) are currently allowed as a conditional use in the RA (Rural Areas) and RP (Residential Performance) Zoning District. Staff notes a separate use, “Child Day-Care Services,” are allowed in the B1(Neighborhood Business), B2 (General Business), and OM (office-Manufacturing Park) Zoning Districts and is defined using the Standard Industrial Classification (SIC). Mr. Klein explained, the proposed amendment would also revise the terminology to “Day-Care Facilities” as defined in Part 101 (amended) of the County’s Zoning Ordinance I n the B1, B2, and OM Zoning Districts for consistency. He continued, the proposed amendment would not change which zoning districts this type of facilities is allowed by-right or through a conditional use permit. Mr. Klein noted, adult care facilities, like child-care facilities, are regulated by the Virginia Department of Social Services (VDSS) in addition to those requirement of the Zoning Ordinance; further, for uses such as churches, where day-care facilities may be accessory to the principle use (place of worship), these facilities would continue to be allowed by-right. Mr. Klein concluded, this ordinance amendment was proposed by a local engineering firm working in conjunction with Westminster Canterbury to allow this use in the RP (Residential Performance) District; the Board of Supervisors discussed this item on August 12th and directed staff to ensure consistent use of terminology for “day-care facility” throughout the ordinance. Commissioner Thomas asked if anywhere a Day-Care Facility is an accessory use to the principal use, they could then have an Adult-Care Facility. Mr. Klein state that is correct, they are regulated by the State Building Code and guidelines and they could also do intergenerational. 12 Frederick County Planning Commission Page 3737 Minutes of September 2, 2020 Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Thomas and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment – Day-Care Facilities, an Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE I General Provision, Amendments and Conditional Use Permits; Part 101 General Provisions, §165-101.02 Definitions and word usage. Day-Care Facility. ARTICLE VI Business and Industrial Zoning Districts; Part 602 B1 Neighborhood business District §165-602.02. Allowed Uses; Part 603 B2 General Business District §165-603.02. Allowed Uses; Part 605 OM Office- Manufacturing Park District, §165-605.03. Secondary or accessory uses. Revision to the Frederick County Zoning Ordinance to expand the definition for Day-Care Facility to include the care, protection and guidance of adults in addition to children, and to include this definition in the B1 (Neighborhood Business) District, B2 (General Business) District, and the OM (Office-Manufacturing) District. (Note: Commissioner Cline was absent from the meeting). ------------- CANCELATION OF REGULAR MEETING Chairman Kenney announced there were no pending items for the Planning Commission’s September 16, 2020 meeting and it will be canceled. ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously passed. The meeting adjourned at 9:15 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ____________________________ Michael T. Ruddy, Secretary 13 Planning Commission Agenda Item Detail Meeting Date: October 21, 2020 Agenda Section: Public Hearings Title: 2035 Comprehensive Plan Amendment - CPPA #01-20 - Waverly Farm Sewer and Water Service Area (SWSA) Expansion Request - (Mrs. Perkins) Attachments: PC10-21-20CPPA01-20.pdf 14 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: Public Hearing - Comprehensive Plan Amendment #01-20 - Waverly Farm Sewer and Water Service Area (SWSA) Expansion Request Northeast Frederick Land Use Plan (NELUP) DATE: October 15, 2020 This is a public hearing for Comprehensive Plan Amendment request #01-20 for Waverly Farm. The Wavery Farm request requested the inclusion of four parcels (PINs 33-A-69, 33-A-70, 44-A- 80 and 44-A-80A), totaling 145.5 acres, into the boundary of the Sewer and Water Service Area (SWSA). The properties proposed with this request are located west and adjacent to Interstate-81, south of Hopewell Road and are in the Stonewall Magisterial District. The SWSA currently encompasses 51.36 +/- acres west and adjacent to the I-81 interchange. The properties are currently zoned RA (Rural Areas) Zoning District and are currently utilized for agricultural purposes. The Northeast Frederick Land Use Plan (NELUP) shows the area inside of and surrounding the current limits of the SWSA with a mixed use industrial/office land use designation; the remainder of the area (33-A-69) is planned for future industrial. With this amendment, to facilitate a cleaner SWSA boundary, Staff has proposed a SWSA expansion total of 171 +/- acres (PINs: 33-A-69, 33-A-70, 33-A-71, 33-A-73, 33-A-74, 33-A-75, 44-A-78, 44-A-78A, 44-A-78B, 44-A-78C, 44-A-79, 44-A-80, and 44-A-80A). This expanded SWSA boundary would add the properties between the Waverly Farm request and Hopewell Road (this area is also accounted for in Frederick Water’s draft adjustment). Text is also proposed for inclusion in the NELUP narrative in Appendix I. The NELUP currently does not contain guiding text for this area; text components were included for amendments approved in 2014 and 2015. Staff Conclusion: This amendment is presented to the Planning Commission for public hearing. Staff is seeking a recommendation to the Board of Supervisors on the Waverly Farm SWSA request and additional acreage, for a total expansion of 171 acres, and a recommendation on the proposed NELUP text. 15 CPPA #01-20 – Waverly Farm October 15, 2020 Page 2 CPPA #01-20 – Waverly – Application History: CPPC Recommendation – July 2020: Further study, as requested in the application: The Comprehensive Plans and Programs Committee (CPPC) discussed this request at their July 13, 2020 meeting. The comments provided by Frederick Water were also discussed. Frederick Water indicated that the water and sewer planning efforts in the northeastern area of Frederick County had evolved since this area was last evaluated by the CPPC in 2019. While water infrastructure is being developed in support of future land uses in the Northeast, sewer will not be readily available in this area soon. The CPPC recommended sending the request forward for further study as an individual amendment. The Committee also supported a future a larger land use study of the entire Northeastern Land Use Plan (NELUP) that reexamines land use, transportation, and utility availability. Joint Work Session – August 12, 2020: The Board of Supervisors and Planning Commission held a joint work session on August 12, 2020 and discussed the requested Waverly SWSA expansion request. The consensus reached following the discussion is that the Waverly Farm request and a SWSA study (boundary, capacity, property lines) be studied separately but following a simultaneous timeline. Frederick Water Recommendations - Since the August work session, Frederick Water has worked to analyze the SWSA and their ability to serve areas currently shown in the NELUP with a future planned land that are outside of the SWSA boundary. These areas, while designated with a future land use, are outside the limits of the SWSA and therefore do not have the ability to connect to public water and sewer if available. Frederick Water’s analysis includes the Waverly CPPA area as well as the larger overall NELUP SWSA boundary adjustments proposed. The Frederick Water Board of Directors adopted their “Recommended SWSA Revisions in the Route 11 North Corridor” on September 15, 2020. Their recommended SWSA revisions are: It is recommended that the SWSA boundary be adjusted to remove some areas from the SWSA when planned land uses clearly would not require Frederick Water’s water and sanitary sewer services, and the addition of areas when planned land uses would require Frederick Water’s water and sanitary sewer services. The recommendations also emphasize that private investment in sewer conveyance and treatment will be necessary to achieve the future planned land uses identified in the County’s 2035 Comprehensive Plan’s NELUP. The private investment may be facilitated via Grant-in-Aid agreements similar to that utilized to bring sanitary sewer to this area of the County in early 2000; private upfront investment for 15-year capacity reservations and perpetual sewer availability fee credits equal to the property owner’s initial investment value. 1) SWSA revisions a) Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. b) Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These recommended SWSA-additions were 16 CPPA #01-20 – Waverly Farm October 15, 2020 Page 3 previously unsuccessful property owner initiated Comprehensive Plan Amendments (CPPAs). c) Net change results in 335.43-acre addition to the SWSA. 2) Sewer Conveyance Improvements (0-10 years) a) Add SCADA to all pump stations serving the NELUP area. Estimated at $20,000 per pump station. b) Upgrade the VDOT sanitary sewer pump station to accommodate 2.250MGD flows. Estimated at $2,100,000. c) Upgrade forcemain downstream of VDOT pump station past Rutherford Crossing shopping center. Estimated at $2,000,000. d) Upgrade the Stephenson Regional sanitary sewer pump station. This upgrade should increase the capacity of the pump station to its previously designed maximum flow rate. Estimated at $300,000. 3) Wastewater Treatment capacity expansion (10-20 years) a) Expand OWRF or construction a new wastewater treatment plant in NELUP to increase treatment capacity. Size the additional treatment capacity at 6 MGD, possibly an initial phase of 2 MGD. Estimated at $50,000,000 CPPC Recommendation – September 2020: The Comprehensive Plans and Programs Committee (CPPC) discussed the Waverly request at their September 14, 2020 meeting. The CPPC acknowledged that the future land uses (mixed use industrial/office land use) and proposed transportation network are intended to remain as currently adopted in the NELUP and the only changes pertain to the SWSA and the addition of the NELUP text. The CPPC recommended approval of the Waverly SWSA expansion with a total expanded area of 171 +/- acres and recommended approval of the NELLUP text drafted by staff. Planning Commission Discussion: The Planning Commission discussed this item at their meeting on October 7, 2020. The Commission endorsed the Waverly Farm CPPA and SWSA expansion of 171 acres and the NELUP text as presented and forwarded the item to the Board of Supervisors for discussion. Board of Supervisors Discussion: The Board of Supervisors discussed this item at their meeting on October14, 2020. The Board of Supervisors sent SWSA expansion and NELUP text, as presented forward for public hearing. Staff Conclusion: This amendment is presented to the Planning Commission for public hearing. Staff is seeking a recommendation to the Board of Supervisors on the Waverly Farm SWSA request and additional acreage, for a total expansion of 171 acres, and a recommendation on the proposed NELUP text. 17 CPPA #01-20 – Waverly Farm October 15, 2020 Page 4 Attachments • Map depicting the current SWSA and land uses for this area of the NELUP with proposed adjustments. • Draft text for the NELUP SWSA – to be added to Appendix I. • Frederick Water - Recommended SWSA Revisions in the Route 11 North Corridor • Waverly Farm CPPA Application Package CEP/pd 18 §¨¦81 §¨¦81 £¤11 Area Plans Parcels Existing SWSA Future Route 37 Bypass Long Range Land Use Business Mixed Use Industrial/Office Industrial Extractive Mining Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional Northeast Frederick Land Use Plan - SWSA ReviewWaverly Farm SWSA Adjustment Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: September 9, 2020 I 0 0.3 0.60.15 Miles Existing SWSA (Acreage based on Parcel calculated acreage) Waverly Farm CPPA SWSA Request145.5 acres §¨¦81 §¨¦81 £¤11 171 acre proposed adjustment Area PlansParcelsExisting SWSAWaverly Farm Proposed SWSAFuture Route 37 Bypass Proposed SWSA 19 APPENDIX I – AREA PLANS NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 • SEWER AND WATER SERVICE AREA STUDY Approved TBD SEWER AND WATER SERVICE AREA (SWSA) STUDY (Draft Text) The Sewer and Water Service Area (SWSA) as outlined in the 2035 Comprehensive Plan, serves as the boundary that designates the limits of where public water and sewer could be extended. Future planned land uses shown on the Northeast Frederick Land Use Plan Map recognize the importance of planning for the County’s economic development goals by designating sufficient areas for future commercial and industrial uses. Including these planned areas within the boundary of the SWSA is key to ensuring they are recognized for their future development potential as well as their inclusion in infrastructure planning. The 2020 SWSA study reviewed the boundary limits for areas with adopted future planned land uses that are intended to further economic development goals and expanded the SWSA to include these key areas. The study also reduced the SWSA boundary for areas with a planned land use that support economic development but do not require public water and sewer. This SWSA boundary review also recognizes that Frederick Water has identified significant sanitary sewer infrastructure improvements that will be necessary to increase conveyance and treatment capacities to meet the demands of new development. While some improvements could be addressed on a case-by-case approach, other larger improvements may be necessary which will require significant investments. Participation and coordination by multiple property owners for infrastructure financing should be considered to address the more significant conveyance and treatment needs. More importantly, future rezoning applications in this area must adequality address any infrastructure needs and impacts. Properly sized and constructed sanitary sewer infrastructure improvements must be in place and operational to facilitate future development proposals. 20 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.FrederickWater.com Water At Your Service MEMORANDUM TO: Candice Perkins, Assistant Director, Frederick County Planning Department FROM: Eric R. Lawrence, Executive Director, Frederick Water SUBJECT: Recommended SWSA Revisions in the Route 11 North Corridor DATE: September 16, 2020 During a Frederick County Board of Supervisors-Planning Commission work session on August 12, 2020, Frederick Water was tasked with reviewing the existing Sewer and Water Service Area (SWSA) boundaries and sewer demands and system capacities in the County’s Route 11 North corridor, more specifically the area depicted in the County’s Northeast Land Use Plan (NELUP). The catalyst for the review of the SWSA was a Comprehensive Policy Plan Amendment (CPPA) application to include the Waverly Farm property within the SWSA. The Board of Supervisors recognized that there may be sewer service challenges in the NELUP area and requested Frederick Water’s recommendations for the NELUP-area SWSA boundary that incorporates the Waverly Farm and possibly other past unsuccessful CPPA requests. Frederick Water staff assembled a brief analysis of the sewer system capacities and projected future sewer demands, utilizing information captured in the 2017 Sanitary Sewer Master Plan. The analysis identified necessary sanitary sewer infrastructure improvements to meet future demands and recognized that the necessary improvements should be funded through property owner contributions as the improvements will facilitate economic development opportunities for the property owners. Revisions to the SWSA would enable additional property owners to contribute funding towards, and benefiting from, the improvements. Attached is a brief analysis and recommendations drafted to address the Board of Supervisors’ request. The Frederick Water Planning Committee reviewed this SWSA request during their meeting on September 14, 2020, and forward their comments and recommendations for the Frederick Water Board of Director’s consideration. On September 15, 2020, the Frederick Water Board of Directors forwarded a SWSA recommendation for the Board of Supervisors consideration; that recommendation is attached. Attachments: Support Materials and Recommended Revisions to the NELUP SWSA 21 NELUP SWSA review by Frederick Water September 15, 2020 Task Review existing SWSA boundaries and sewer demands and system capacities. Propose new NELUP-area SWSA boundary that incorporates Waverly Farm and possibly other past unsuccessful CPPA requests. Provide an update on sewer demands, capacities, deficiencies, and remedies. Background The 2017 Sanitary Sewer Master Plan (SSMP) considered the planned land uses depicted in the County’s 2035 Comprehensive Policy Plan (2035 CPP). The SSMP’s Northern Service Region captured the 2035 CPP’s Round Hill plan, Northeast Land Use Plan (NELUP), and a portion of planned land uses generally located north of Senseny Road. For today’s SWSA review effort, we are looking at the NELUP area, generally north of the intersection of I-81 and Martinsburg Pike (Rutherford Crossing shopping center area). The NELUP area is served by a series of sanitary sewer pump stations and forcemains, generally following the Martinsburg Pike (Route 11) corridor and flowing from the north to south. The Rest Church Road area is a lower elevation than the Rutherford Crossing shopping center area, therefore requiring pump stations and forcemains to convey sanitary sewer flows to the wastewater treatment plant -the Opequon Water Reclamation Facility (OWRF)- located on Berryville Pike (Route 7). The SSMP projects a future deficiency for sewer conveyance and treatment in the Northern Service Region. The most crucial limitations are related to the capacity in the common forcemain from the VDOT pump station, the overall pumping capacity of the Red Bud pump station, and the capacity of FWSA’s Abrams Creek Interceptor. Through efforts already underway with the construction of the Stephenson Interceptor sewer, sewer conveyance will be re-routed away from the Red Bud pump station and the Abrams Creek Interceptor. The intent of the Stephenson Interceptor is to direct sanitary flows from the VDOT pump station, past Rutherford Crossing, to the Stephenson Regional pump station. The Stephenson Interceptor also captures sanitary sewer flows generated in Snowden Bridge and the new Graystone Business Park. The common eight-inch forcemain from the VDOT pump station is nearing capacity. The velocities in the forcemain when multiple pumps are pumping simultaneously are creating high headloss conditions. These conditions may exclude smaller pump stations from effectively pumping into the conveyance system. Smaller pump stations like Carroll Industrial Park, Hiatt Run, Rutherford Crossing, and Omps are challenged. With additional sanitary sewer flows redirected to the Stephenson Regional pump station, its planned pump station upgrades will need to be advanced in the near term. 22 Sanitary sewer flows in the NELUP area currently flow to the Opequon Water Reclamation Facility (OWRF) for treatment. Treatment capacities at the plant are presently available to meet today’s demands but will be insufficient to meet the long term demands of the built-out NELUP. Planned Land Uses and Projected Sanitary Sewer Demands The planned land uses of the NELUP were captured in the 2017 SSMP. There has not been significant development over the past 3 years within NELUP that would drastically impact the calculations. Some of the development that has occurred include the addition of Amazon and Handy Mart (Rest Church area), and a few restaurants and a hotel in Rutherford Crossing. Table 3.1 below shows the expected development by land use over the next 30 years, and it is broken down by the sewerage facilities most likely to directly receive the new development’s flow. (2017 land use information extrapolated from 2035 CCP’s NELUP) Location Commercial (Ac.) Industrial (Ac.) Residential (Ac.) Total By Location Woodbine PS 322 782 1,104 VDOT PS 204 140 344 Stephenson Regional PS 389 389 Rutherford Crossing PS 58 531 589 Red Bud Run PS 30 383 38 451 Table 3.1 Land Use Growth Breakdown 23 The additional flows created by new development were computed using the available number of acres in three streamlined categories: commercial, industrial, and residential. The growth areas were the main focus in this calculation as they will create the greatest burden on the existing sewer system. A location- by-location breakdown of total increase in flow over the next 30 years can be seen in Table 3.2. Table 3.2 30-Year Projected Flow Increase Breakdown Location Flow Increase (MGD) Woodbine 1.73 VDOT 0.41 Stephenson Regional 1.95 Rutherford Crossing 1.19 Red Bud Run 0.91 The flows shown in Table 3.3 for the OWRF are only Frederick Water’s flow contributions. It should be noted that the flow’s 5- to 10-year growth projections for the OWRF exceed the current design. Table 3.3 Growth Breakdown by Treatment Facility Opequon WRF Flow Contributions Current 5 Year 10 Year 15 Year 20 Year 30 Year Previous Total 2.900 2.900 4.964 7.238 8.560 10.108 Northern 1.646 1.096 1.322 1.374 0.316 Eastern 0.418 1.178 0.174 0.209 Running Totals 2.900 4.964 7.238 8.560 10.108 10.633 Stephenson Regional Flow Contributions Current 5 Year 10 Year 15 Year 20 Year 30 Year Previous Total 0.038 0.038 1.684 2.689 4.011 5.077 Northern Redirect 0.067 0.931 1.090 1.066 0.316 Stephenson 1.579 0.074 0.232 Running Totals 0.038 1.684 2.689 4.011 5.077 5.393 24 Sanitary Sewer System Analysis It is projected that the VDOT pump station could accommodate 100,000 GPD of additional sanitary sewer flows, but the increased headloss will significantly impact the abilities of the smaller downstream pump stations to inject their flows. SCADA improvements which link communication amongst the pump stations would improve the flow abilities and efficiencies. These SCADA improvements should increase the capacity of the pump stations to its previously designed maximum flow rate. The use of a SCADA system would reduce the occurrence of multiple pumps running simultaneously, reduce high pressure conditions, and help reduce flow spikes at the VDOT pump station. Once SCADA improvements are implemented, actual upgrades to the VDOT pump station and forcemain, and the Stephenson Regional pump station will be required to accommodate additional flows. Limitations at the Opequon Water Reclamation Facility (OWRF) will warrant its expansion and/or establishment of a new wastewater treatment facility in the northern region to meet sanitary sewer flow treatment. The 2017 SSMP projects that the new wastewater treatment plant will be needed within 10-20 years, dependent on development trends in the commercial/industrial sectors. The timeline for the sanitary sewer system upgrades will be driven by the pace of introduction of new sanitary sewer flows. Conveyance and treatment limitations in the NELUP area would suggest that low sanitary sewer generators are more desirable than heavy flow generators. New treatment technologies and the ability of industrial onsite pre-treatment may also create avenues for less stringent treatment requirements in the future, possibly minimizing discharge to the sanitary sewer system and enabling onsite pre-treatment to be discharged under VPDES permits. 25 Recommendations It is recommended that the SWSA boundary be adjusted to remove some areas from the SWSA when planned land uses clearly would not require Frederick Water’s water and sanitary sewer services, and the addition of areas when planned land uses would require Frederick Water’s water and sanitary sewer services. The recommendations also emphasize that private investment in sewer conveyance and treatment will be necessary to achieve the future planned land uses identified in the County’s 2035 Comprehensive Plan’s NELUP. The private investment may be facilitated via Grant-in-Aid agreements similar to that utilized to bring sanitary sewer to this area of the county in early 2000; private upfront investment for 15-year capacity reservations and perpetual sewer availability fee credits equal to the property owner’s initial investment value. 1.SWSA revisions a.Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. b.Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These recommended SWSA-additions were previously unsuccessful property owner initiated Comprehensive Policy Plan Amendments (CPPAs). c.Net change results in 335.43-acre addition to the SWSA. 2.Sewer Conveyance Improvements (0-10 years) a.Add SCADA to all pump stations serving the NELUP area. Estimated at $20,000 per pump station. b.Upgrade the VDOT sanitary sewer pump station to accommodate 2.250MGD flows. Estimated at $2,100,000. c.Upgrade forcemain downstream of VDOT pump station past Rutherford Crossing shopping center. Estimated at $2,000,000. d.Upgrade the Stephenson Regional sanitary sewer pump station. This upgrade should increase the capacity of the pump station to its previously designed maximum flow rate. Estimated at $300,000. 3.Wastewater Treatment capacity expansion (10-20 years) a.Expand OWRF or construction a new wastewater treatment plant in NELUP to increase treatment capacity. Size the additional treatment capacity at 6 MGD, possibly an initial phase of 2 MGD. Estimated at $50,000,000 26 APPENDIX I - AREA PLANS Northeast Land Use Plan 1 FREDERICK WATER RECOMMENDATION 9/15/2020 NORTHEAST FREDERICK LAND USE PLAN NELUP -INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; •MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 •BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 •SWSA ADJUSTMENT AMENDMENT Approved by the Board of Supervisors on XXXXXX XX, 202x The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. 27 APPENDIX I - AREA PLANS Northeast Land Use Plan 2 MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (NSA) due to the environmental and historical features on and around the site, most notably Stephenson’s Depot. • Protection of the environmental features of the site. • Preservation of those areas identified with NSA’s and development limited to those areas to the south of the NSA’s and south of McCann’s Road. • Utilizing McCann’s Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area). • An O.M. (Mixed Use Office/Industrial) land use designation. • Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (NSA) providing access from Old Charles Town Road to McCann’s Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann’s Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area. • A buffer adjacent to McCann’s lane that is approximately 50’ in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at 28 APPENDIX I - AREA PLANS Northeast Land Use Plan 3 preserving this resource and its character, interpreting the historical landscape, and buffering the future development. • A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical NSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources. • The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road. • An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into the design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area. • The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area). • The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact. • Historical signage consistent with currently used signage should be provided. • Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn’t changed. • Appropriate traffic controls should be provided on McCann’s Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. 29 APPENDIX I - AREA PLANS Northeast Land Use Plan 4 BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved language: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north–south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. 30 APPENDIX I - AREA PLANS Northeast Land Use Plan 5 SWSA ADJUSTMENT AMENDMENT (BOS APPROVED XXXXXXX XX, 202X) The Comprehensive Plans and Programs Committee (CPPC), at their XXXXX XX, 20XX meeting, recommended that the following SWSA adjustment and text be incorporated into the Northeast Land Use Plan: The SWSA within the Northeast Land Use Plan recognizes the importance of planning for economic development, properly designating planned land uses, and placing those sites within the SWSA as an indication that the county is supportive of properly planned economic development opportunities. Properties that had previously been designated with planned land uses to promoted economic development have been captured within the SWSA. Those properties that are designated with planned land uses that support economic development but do not require public water and sewer have been removed from the SWSA. The SWSA adjustment elevates the importance of access to public water and sewer for the underlying planned land uses to be realized. Significant sanitary sewer improvements will be necessary to increase conveyance and treatment capacities to meet the demands of new development. While some improvements may certainly be addressed on a case-by-case approach, other improvements will require significant investment. Consideration of multiple property owner involvement in infrastructure financing should be considered to address the more significant conveyance and treatment needs. More important, property owners realize that properly sized and constructed sanitary sewer infrastructure needs to be in place and operational to facilitate private site development. 31 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community µ Long Range Land Use Business Community Center Extractive Mining Heavy Industrial Industrial Mixed Use Industrial/Office Planned Unit Development Park Residential Sensitive Natural Area w w w w w w Warehouse Proposed SWSA Adjustments Date: 9/15/2020 Sewer/Water Service Area - Adjustments Extractive Mining Land Uses Fruit Hill Orchard The Interstate Orchard Waverly Farm Woodside Sewer/Water Service Area - Current Extractive Mining Land Uses REMOVE 681.97 acres Fruit Hill Orchard ADD 153.65 acres The Interstate Orchard ADD 156.90 acres Waverly Farm ADD 174.64 acres Woodside ADD 532.21 acres Net Change to SWSA = + 335.43 acres 32 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community µ New SWSA Boundary Date: 9/15/2020 New SWSA 33 [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú6 inch10 inch14 inch12 inch8 inch3 inchUnknown4 inch 1.25 inch 1.5 inch2 inch Unknown6 inch10 inchUnkn o w n 6 inch3 in c h 3 inch6 inch12 inch12 i n c h 8 inch6 inc h Woodbine Yardmaster Court Omps Rail Warehouse VDOT Rest Area I-81 Welltown Rd/Tyson Dr. Hiatt Run Pump Station Carroll Industrial Park Red Bud Run Pump Station J&K Investment Pump Station Clearbrook Park Sewer Pump Station Rutherford Crossing Sewer Pump Station Stephenson Regional Sewer Pump Station Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community µ New SWSA Boundary Current Sewer Infrastructure Date: 9/15/2020 New SWSA Sewer Gravity Main Sewer Force Main [Ú Sewer Pump Station 34 APPENDIX I - AREA PLANS Northeast Land Use Plan 1 NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS;  MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014  BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. 35 APPENDIX I - AREA PLANS Northeast Land Use Plan 2 MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (NSA) due to the environmental and historical features on and around the site, most notably Stephenson’s Depot.  Protection of the environmental features of the site.  Preservation of those areas identified with NSA’s and development limited to those areas to the south of the NSA’s and south of McCann’s Road.  Utilizing McCann’s Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area).  An O.M. (Mixed Use Office/Industrial) land use designation.  Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (NSA) providing access from Old Charles Town Road to McCann’s Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann’s Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area.  A buffer adjacent to McCann’s lane that is approximately 50’ in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at 36 APPENDIX I - AREA PLANS Northeast Land Use Plan 3 preserving this resource and its character, interpreting the historical landscape, and buffering the future development.  A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical NSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources.  The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road.  An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into th e design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area.  The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area).  The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact.  Historical signage consistent with currently used signage should be provided.  Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn’t changed.  Appropriate traffic controls should be provided on McCann’s Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. 37 APPENDIX I - AREA PLANS Northeast Land Use Plan 4 BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved language: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north–south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. 38 ³n ³n [j ³n³n City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenterST672 ST669 ST671 ST820 ST660 ST659 ST661 ST665 ST663 ST654 ST739 ST673 ST656 ST664 ST676 ST672 ST661 ST659 ST661 ST672 ST669 ST661 ST663 §¨¦81 §¨¦81 0111 0137 017 01522 017 Copyright:© 2013 National Geographic Society, i-cubed 0 0.5 1 1.50.25 Miles µ ³n Existing Elementary ³n Existing High School ³n Future Elementary [j Future Park Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails Northeast Frederick Land Use Plan Area Plan 2035 Comprehensive Policy Plan Map Adopted January 25, 2017 Urban Development Area Future Rt 37 BypassSewer and Water Service Area Land Use Legend Business Mixed-Use Mixed Use Commercial \ Office Highway Commercial wwwwwwwwwwwwwwwwwwww Warehouse Industrial Heavy Industrial Mixed Use Industrial \ Office Extractive Mining Residential Planned Unit Development Urban Center Neighborhood Village Recreation Commercial Recreation Natural Resources & Recreation Park Fire & Rescue Institutional School Rural Community Center Sensitive Natural Areas 39 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenterST672 ST669 ST671 ST820 ST660 ST659 ST661 ST665 ST663 ST654 ST739 ST673 ST656 ST664 ST676 ST672 ST661 ST659 ST661 ST672 ST669 ST661 ST663 §¨¦81 §¨¦81 0111 0137 017 01522 017 Copyright:© 2013 National Geographic Society, i-cubed µNew Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails 2035 Comprehensive Policy Plan Map Adopted January 25, 201700.5 10.25 Miles Northeast Frederick Land Use Plan Transportation Map Area Plan Future Rt 37 BypassSewer and Water Service AreaUrban Development Area 40 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenterST672 ST669 ST671 ST820 ST660 ST659 ST661 ST665 ST663 ST654 ST739 ST673 ST656 ST664 ST676 ST672 ST661 ST659 ST661 ST672 ST669 ST661 ST663 §¨¦81 §¨¦81 0111 0137 017 01522 017 Copyright:© 2013 National Geographic Society, i-cubed µProposed Lane Divides 4 Lane Limited Access w/ CD Lanes (if required) 6 Lane Divided 4 Lane Divided Northeast Frederick Land Use Plan Transportation Map - Lane Divides Area Plan 2035 Comprehensive Policy Plan Map Adopted January 25, 201700.5 10.25 Miles Urban Development Area Sewer and Water Service Area 41 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenterST672 ST669 ST671 ST820 ST660 ST659 ST661 ST665 ST663 ST654 ST739 ST673 ST656 ST664 ST676 ST672 ST661 ST659 ST661 ST672 ST669 ST661 ST663 §¨¦81 §¨¦81 0111 0137 017 01522 017 Copyright:© 2013 National Geographic Society, i-cubed µ Area Plan Facilities ³n Existing Elementary ³n Existing High School ³n Future Elementary [j Future Park Community Facilities Elementary School Future Elementary School Middle School High School Fire & Rescue Station Park Future Park Water Resources Area Natural Resource & Recreation Areas Sensitive Natural Areas Rural Community Center Northeast Frederick Land Use Plan Community Facilities Natural and Recreational Resources Plan 2035 Comprehensive Policy Plan Map Adopted January 25, 201700.5 10.25 Miles Future Rt 37 BypassUrban Development Area Sewer and Water Service Area 42 43 44 45 46 47 48 49 50 51 52 53 54 Planning Commission Agenda Item Detail Meeting Date: October 21, 2020 Agenda Section: Public Hearings Title: 2035 Comprehensive Plan Amendment - Northeast Land Use Plan (NELUP) - Sewer and Water Service Area (SWSA) Boundary Limit Adjustments - (Mrs. Perkins) Attachments: PC10-21-20NELUPSWSABoundaryStudy.pdf 55 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: Public Hearing - Northeast Frederick Land Use Plan (NELUP) Sewer and Water Service Area (SWSA) Boundary Review DATE: October 16, 2020 This is a public hearing for proposed adjustments to the boundary of the Sewer and Water Service Area (SWSA) for the Northeast Frederick Land Use Plan (NELUP). This SWSA boundary review focused on: overall NELUP SWSA boundary, areas with planned land uses outside the SWSA, and SWSA boundaries that do not follow property lines. Text is also proposed for inclusion in the NELUP narrative in Appendix I (this text is also included with the public hearing for the Waverly Farm SWSA expansion request). This SWSA boundary study was coordinated with Frederick Water to ensure that any area recommended for potential inclusion could be served by public water and sewer by existing or planned future constructed infrastructure. With this amendment, the following adjustments are proposed (net increase of 335.43 acres): • Removal of 681.97-acres from the SWSA (identified for future planned extractive mining land uses) • Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. The following areas are proposed for SWSA adjustments: • Expansion: West of I-81, south of the West Virginia line, north and south of Rest Church Rd. • Expansion: East of I-81, south of the West Virginia line, east of Woodside Rd, north and south of Grace Church Rd. • Expansion: Properties associated with Waverly Farm CPPA #01-20 • Reduction: East of Martinsburg Pike and north and south of Brucetown Rd. Planned Areas Outside the SWSA not identified for SWSA inclusion (approximately 308 acres): Two areas with a future planned industrial land use were originally not identified in the SWSA boundary expansion for inclusion. Area 1 is located west of I-81 adjacent to the VDOT I-81 rest area and consists of approximately 135-acres. Area 2 is located west of I-81, north of Cedar Hill Road and runs adjacent to I-81 and consists of approximately 173-acres. **The Board of Supervisors directed staff at their October 14, 2020 meeting to include these two areas in the SWSA boundary adjustment. The inclusion of these areas will come before the Planning Commission for public hearing on November 4, 2020. 56 Northeast Frederick Land Use Plan (NELUP) SWSA Boundary Adjustments October 16, 2020 Page 2 Staff Conclusion: This amendment is presented to the Planning Commission for public hearing. Staff is seeking a recommendation to the Board of Supervisors for the following NELUP SWSA boundary adjustments: • Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. • Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These additions were previously unsuccessful requested Comprehensive Plan Amendments (CPPAs). • Net change results in 335.43-acre addition to the SWSA. **The Board of Supervisors directed staff at their October 14, 2020 meeting, to include the two areas with planned industrial land uses which were not incorporated into the SWSA boundary adjustment. The two areas total approximately 308-acres and will come before the Planning Commission for public hearing on November 4, 2020. Northeast Frederick Land Use Plan (NELUP) – SWSA Boundary Study Discussion History: CPPC Recommendation – July 2020: The Comprehensive Plans and Programs Committee (CPPC) discussed the Waverly CPPA request their July 13, 2020 meeting. The comments provided by Frederick Water were also discussed. Frederick Water indicated that the water and sewer planning efforts in the northeastern area of Frederick County had evolved since this area was last evaluated by the CPPC in 2019. While water infrastructure is being developed in support of future land uses in the Northeast, sewer will not be readily available in this area soon. In addition to the Waverly Farm study, the Committee also supported a future larger land use study of the entire Northeast Land Use Plan (NELUP) that reexamines land use, transportation, and utility availability. Joint Work Session – August 12, 2020: The Board of Supervisors and Planning Commission held a joint work session on August 12, 2020 and discussed the requested Waverly SWSA expansion request. The consensus reached following the discussion is that the Waverly Farm request and a SWSA study (boundary, capacity, property lines) be studied separately but following a simultaneous timeline. Frederick Water Recommendations - Since the August work session, Frederick Water worked to analyze the SWSA and their ability to serve areas currently shown in the NELUP with a future planned land that are outside of the SWSA boundary. These areas, while designated with a future land use, are outside the limits of the SWSA and therefore do not have the ability to connect to public water and sewer if available. With the SWSA boundary review, Frederick Water did focus on including areas that had previously requested to be included in the SWSA with a Comprehensive Plan Amendment (CPPA). The Frederick Water Board of Directors adopted their “Recommended SWSA Revisions in the Route 11 North Corridor” on September 15, 2020. Their recommended SWSA revisions are: It is recommended that the SWSA boundary be adjusted to remove some areas from the SWSA when planned land uses clearly would not require Frederick Water’s water and sanitary sewer services, and 57 Northeast Frederick Land Use Plan (NELUP) SWSA Boundary Adjustments October 16, 2020 Page 3 the addition of areas when planned land uses would require Frederick Water’s water and sanitary sewer services. The recommendations also emphasize that private investment in sewer conveyance and treatment will be necessary to achieve the future planned land uses identified in the County’s 2035 Comprehensive Plan’s NELUP. The private investment may be facilitated via Grant-in-Aid agreements similar to that utilized to bring sanitary sewer to this area of the County in early 2000; private upfront investment for 15-year capacity reservations and perpetual sewer availability fee credits equal to the property owner’s initial investment value. 1) SWSA revisions a) Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. b) Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These recommended SWSA-additions were previously unsuccessful property owner initiated Comprehensive Plan Amendments (CPPAs). c) Net change results in 335.43-acre addition to the SWSA. 2) Sewer Conveyance Improvements (0-10 years) a) Add SCADA to all pump stations serving the NELUP area. Estimated at $20,000 per pump station. b) Upgrade the VDOT sanitary sewer pump station to accommodate 2.250MGD flows. Estimated at $2,100,000. c) Upgrade forcemain downstream of VDOT pump station past Rutherford Crossing shopping center. Estimated at $2,000,000. d) Upgrade the Stephenson Regional sanitary sewer pump station. This upgrade should increase the capacity of the pump station to its previously designed maximum flow rate. Estimated at $300,000. 3) Wastewater Treatment capacity expansion (10-20 years) a) Expand OWRF or construction a new wastewater treatment plant in NELUP to increase treatment capacity. Size the additional treatment capacity at 6 MGD, possibly an initial phase of 2 MGD. Estimated at $50,000,000 CPPC Discussion – September 2020: The Comprehensive Plans and Programs Committee (CPPC) discussed the NELUP SWSA proposed adjustments at their September 14, 2020 meeting. The Committee discussed each of the Frederick Water proposed areas and the two areas outside of the expansion proposal. The Committee recommended approval of the additions and reductions endorsed by Frederick Water. The Committee did not support the inclusion of the two areas that were not included in Frederick Water’s recommended adjustment areas. The Committee recommended that these areas remain outside the SWSA and any future requests should seek a future Comprehensive Plan Amendment (CPPA). Planning Commission Discussion: The Planning Commission discussed this item at their meeting on October 7, 2020. During the meeting, the Commission discussed the 335-acres shown as the net increase and questioned if that would be the real impact. It was discussed whether the actual SWSA increase would be the total 1,017-acres, even with the 681-acre removal since this area would not 58 Northeast Frederick Land Use Plan (NELUP) SWSA Boundary Adjustments October 16, 2020 Page 4 necessarily need public water and sewer. It was noted that Frederick Water has utilized the area proposed for removal in the past for capacity planning since it had a planned land use and was within the SWSA. Removing this area from the SWSA would increase the ability to plan for services in other areas. The Commission also stated that the areas shown with this adjustment have already been planned and identified for future development; this is not expanding the developable area of the County as these areas were anticipated with past NELUP efforts. This study is allowing the County to right size the SWSA with input from Frederick Water, it helps align infrastructure and land use planning. The Commission acknowledged that this coordinated study is a great step to plan for future land uses and the infrastructure needed to implement it. Ultimately, the Commission endorsed the SWSA adjustments and NELUP text as presented and forwarded the item to the Board of Supervisors for discussion. Board of Supervisors Discussion: The Board of Supervisors discussed this item at their meeting on October14, 2020. The Board of Supervisors sent the NELUP SWSA amendment forward for public hearing with the inclusion of the two areas with planned industrial land uses which were excluded (additional 308-acres). Staff Conclusion: This amendment is presented to the Planning Commission for public hearing. Staff is seeking a recommendation to the Board of Supervisors for the following NELUP SWSA boundary adjustments: • Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. • Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These additions were previously unsuccessful requested Comprehensive Plan Amendments (CPPAs). • Net change results in 335.43-acre addition to the SWSA. **The Board of Supervisors directed staff at their October 14, 2020 meeting, to include the two areas with planned industrial land uses which were not incorporated into the SWSA boundary adjustment. The two areas total approximately 308-acres and will come before the Planning Commission at a later public hearing. Attachments • Map 1- Current NELUP and SWSA with proposed adjustments. • Map 2 - Areas with planned land uses outside the limits of the SWSA adjustment. • Draft text for the NELUP SWSA – to be added to Appendix I. • Frederick Water - Recommended SWSA Revisions in the Route 11 North Corridor. CEP/pd 59 StephensonRural Commu nityCenter Clear Brook & BrucetownRural Commu nityCenter §¨¦81 §¨¦81 £¤11 BERKELEY COUNTYWEST VIRGINIA CLAR KECOUNTYVIRGINIA Area Plans Parcels Urban Development Area Existing SWSA Proposed SWSA Future Route 37 Bypass Long Range Land Use Business Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional Northeast Frederick Land Use Plan - SWSA ReviewFrederick Water Draft Recommendations Existing SWSA Clear Brook & BrucetownRural Commu nityCenter StephensonRural Commu nityCenter §¨¦81 §¨¦81 £¤11 BERKELEYCOUNTYWEST VIRGINIA Frederick WaterProposed SWSA Map Produced by Frederick County Planning and Development Dept.September 9, 2020 §¨¦81 §¨¦81 £¤11 BERKELEYCOUNTYWEST VIRGINIA Frederick WaterProposed SWSA I00.8 1.60.4 Miles 60 Clear Brook & BrucetownRural Commu nityCenter StephensonRural Commu nityCenter §¨¦81 §¨¦81 £¤11 BERKELEY COUNTYWEST VIRGINIA CLAR KECOUNTYVIRGINIA Area Plans Parcels Urban Development Area Existing SWSA Proposed SWSA Future Route 37 Bypass Long Range Land Use Business Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional Northeast Frederick Land Use Plan - SWSA ReviewPlanned Land Uses Outside of Proposed Frederick Water SWSA Existing SWSA Clear Brook & BrucetownRural Commu nityCenter StephensonRural Commu nityCenter §¨¦81 §¨¦81 £¤11 BERKELEYCOUNTYWEST VIRGINIA StephensonRural Commu nityCenter §¨¦81 £¤11 Frederick WaterProposed SWSA Planned Land UsesOutside Proposed SWSA Map Produced by Frederick County Planning and Development Dept.September 9, 2020 I00.8 1.60.4 Miles 61 APPENDIX I – AREA PLANS NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 • SEWER AND WATER SERVICE AREA STUDY Approved TBD SEWER AND WATER SERVICE AREA (SWSA) STUDY (Draft Text) The Sewer and Water Service Area (SWSA) as outlined in the 2035 Comprehensive Plan, serves as the boundary that designates the limits of where public water and sewer could be extended. Future planned land uses shown on the Northeast Frederick Land Use Plan Map recognize the importance of planning for the County’s economic development goals by designating sufficient areas for future commercial and industrial uses. Including these planned areas within the boundary of the SWSA is key to ensuring they are recognized for their future development potential as well as their inclusion in infrastructure planning. The 2020 SWSA study reviewed the boundary limits for areas with adopted future planned land uses that are intended to further economic development goals and expanded the SWSA to include these key areas. The study also reduced the SWSA boundary for areas with a planned land use that support economic development but do not require public water and sewer. This SWSA boundary review also recognizes that Frederick Water has identified significant sanitary sewer infrastructure improvements that will be necessary to increase conveyance and treatment capacities to meet the demands of new development. While some improvements could be addressed on a case-by-case approach, other larger improvements may be necessary which will require significant investments. Participation and coordination by multiple property owners for infrastructure financing should be considered to address the more significant conveyance and treatment needs. More importantly, future rezoning applications in this area must adequality address any infrastructure needs and impacts. Properly sized and constructed sanitary sewer infrastructure improvements must be in place and operational to facilitate future development proposals. 62 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.FrederickWater.com Water At Your Service MEMORANDUM TO: Candice Perkins, Assistant Director, Frederick County Planning Department FROM: Eric R. Lawrence, Executive Director, Frederick Water SUBJECT: Recommended SWSA Revisions in the Route 11 North Corridor DATE: September 16, 2020 During a Frederick County Board of Supervisors-Planning Commission work session on August 12, 2020, Frederick Water was tasked with reviewing the existing Sewer and Water Service Area (SWSA) boundaries and sewer demands and system capacities in the County’s Route 11 North corridor, more specifically the area depicted in the County’s Northeast Land Use Plan (NELUP). The catalyst for the review of the SWSA was a Comprehensive Policy Plan Amendment (CPPA) application to include the Waverly Farm property within the SWSA. The Board of Supervisors recognized that there may be sewer service challenges in the NELUP area and requested Frederick Water’s recommendations for the NELUP-area SWSA boundary that incorporates the Waverly Farm and possibly other past unsuccessful CPPA requests. Frederick Water staff assembled a brief analysis of the sewer system capacities and projected future sewer demands, utilizing information captured in the 2017 Sanitary Sewer Master Plan. The analysis identified necessary sanitary sewer infrastructure improvements to meet future demands and recognized that the necessary improvements should be funded through property owner contributions as the improvements will facilitate economic development opportunities for the property owners. Revisions to the SWSA would enable additional property owners to contribute funding towards, and benefiting from, the improvements. Attached is a brief analysis and recommendations drafted to address the Board of Supervisors’ request. The Frederick Water Planning Committee reviewed this SWSA request during their meeting on September 14, 2020, and forward their comments and recommendations for the Frederick Water Board of Director’s consideration. On September 15, 2020, the Frederick Water Board of Directors forwarded a SWSA recommendation for the Board of Supervisors consideration; that recommendation is attached. Attachments: Support Materials and Recommended Revisions to the NELUP SWSA 63 NELUP SWSA review by Frederick Water September 15, 2020 Task Review existing SWSA boundaries and sewer demands and system capacities. Propose new NELUP-area SWSA boundary that incorporates Waverly Farm and possibly other past unsuccessful CPPA requests. Provide an update on sewer demands, capacities, deficiencies, and remedies. Background The 2017 Sanitary Sewer Master Plan (SSMP) considered the planned land uses depicted in the County’s 2035 Comprehensive Policy Plan (2035 CPP). The SSMP’s Northern Service Region captured the 2035 CPP’s Round Hill plan, Northeast Land Use Plan (NELUP), and a portion of planned land uses generally located north of Senseny Road. For today’s SWSA review effort, we are looking at the NELUP area, generally north of the intersection of I-81 and Martinsburg Pike (Rutherford Crossing shopping center area). The NELUP area is served by a series of sanitary sewer pump stations and forcemains, generally following the Martinsburg Pike (Route 11) corridor and flowing from the north to south. The Rest Church Road area is a lower elevation than the Rutherford Crossing shopping center area, therefore requiring pump stations and forcemains to convey sanitary sewer flows to the wastewater treatment plant -the Opequon Water Reclamation Facility (OWRF)- located on Berryville Pike (Route 7). The SSMP projects a future deficiency for sewer conveyance and treatment in the Northern Service Region. The most crucial limitations are related to the capacity in the common forcemain from the VDOT pump station, the overall pumping capacity of the Red Bud pump station, and the capacity of FWSA’s Abrams Creek Interceptor. Through efforts already underway with the construction of the Stephenson Interceptor sewer, sewer conveyance will be re-routed away from the Red Bud pump station and the Abrams Creek Interceptor. The intent of the Stephenson Interceptor is to direct sanitary flows from the VDOT pump station, past Rutherford Crossing, to the Stephenson Regional pump station. The Stephenson Interceptor also captures sanitary sewer flows generated in Snowden Bridge and the new Graystone Business Park. The common eight-inch forcemain from the VDOT pump station is nearing capacity. The velocities in the forcemain when multiple pumps are pumping simultaneously are creating high headloss conditions. These conditions may exclude smaller pump stations from effectively pumping into the conveyance system. Smaller pump stations like Carroll Industrial Park, Hiatt Run, Rutherford Crossing, and Omps are challenged. With additional sanitary sewer flows redirected to the Stephenson Regional pump station, its planned pump station upgrades will need to be advanced in the near term. 64 Sanitary sewer flows in the NELUP area currently flow to the Opequon Water Reclamation Facility (OWRF) for treatment. Treatment capacities at the plant are presently available to meet today’s demands but will be insufficient to meet the long term demands of the built-out NELUP. Planned Land Uses and Projected Sanitary Sewer Demands The planned land uses of the NELUP were captured in the 2017 SSMP. There has not been significant development over the past 3 years within NELUP that would drastically impact the calculations. Some of the development that has occurred include the addition of Amazon and Handy Mart (Rest Church area), and a few restaurants and a hotel in Rutherford Crossing. Table 3.1 below shows the expected development by land use over the next 30 years, and it is broken down by the sewerage facilities most likely to directly receive the new development’s flow. (2017 land use information extrapolated from 2035 CCP’s NELUP) Location Commercial (Ac.) Industrial (Ac.) Residential (Ac.) Total By Location Woodbine PS 322 782 1,104 VDOT PS 204 140 344 Stephenson Regional PS 389 389 Rutherford Crossing PS 58 531 589 Red Bud Run PS 30 383 38 451 Table 3.1 Land Use Growth Breakdown 65 The additional flows created by new development were computed using the available number of acres in three streamlined categories: commercial, industrial, and residential. The growth areas were the main focus in this calculation as they will create the greatest burden on the existing sewer system. A location- by-location breakdown of total increase in flow over the next 30 years can be seen in Table 3.2. Table 3.2 30-Year Projected Flow Increase Breakdown Location Flow Increase (MGD) Woodbine 1.73 VDOT 0.41 Stephenson Regional 1.95 Rutherford Crossing 1.19 Red Bud Run 0.91 The flows shown in Table 3.3 for the OWRF are only Frederick Water’s flow contributions. It should be noted that the flow’s 5- to 10-year growth projections for the OWRF exceed the current design. Table 3.3 Growth Breakdown by Treatment Facility Opequon WRF Flow Contributions Current 5 Year 10 Year 15 Year 20 Year 30 Year Previous Total 2.900 2.900 4.964 7.238 8.560 10.108 Northern 1.646 1.096 1.322 1.374 0.316 Eastern 0.418 1.178 0.174 0.209 Running Totals 2.900 4.964 7.238 8.560 10.108 10.633 Stephenson Regional Flow Contributions Current 5 Year 10 Year 15 Year 20 Year 30 Year Previous Total 0.038 0.038 1.684 2.689 4.011 5.077 Northern Redirect 0.067 0.931 1.090 1.066 0.316 Stephenson 1.579 0.074 0.232 Running Totals 0.038 1.684 2.689 4.011 5.077 5.393 66 Sanitary Sewer System Analysis It is projected that the VDOT pump station could accommodate 100,000 GPD of additional sanitary sewer flows, but the increased headloss will significantly impact the abilities of the smaller downstream pump stations to inject their flows. SCADA improvements which link communication amongst the pump stations would improve the flow abilities and efficiencies. These SCADA improvements should increase the capacity of the pump stations to its previously designed maximum flow rate. The use of a SCADA system would reduce the occurrence of multiple pumps running simultaneously, reduce high pressure conditions, and help reduce flow spikes at the VDOT pump station. Once SCADA improvements are implemented, actual upgrades to the VDOT pump station and forcemain, and the Stephenson Regional pump station will be required to accommodate additional flows. Limitations at the Opequon Water Reclamation Facility (OWRF) will warrant its expansion and/or establishment of a new wastewater treatment facility in the northern region to meet sanitary sewer flow treatment. The 2017 SSMP projects that the new wastewater treatment plant will be needed within 10-20 years, dependent on development trends in the commercial/industrial sectors. The timeline for the sanitary sewer system upgrades will be driven by the pace of introduction of new sanitary sewer flows. Conveyance and treatment limitations in the NELUP area would suggest that low sanitary sewer generators are more desirable than heavy flow generators. New treatment technologies and the ability of industrial onsite pre-treatment may also create avenues for less stringent treatment requirements in the future, possibly minimizing discharge to the sanitary sewer system and enabling onsite pre-treatment to be discharged under VPDES permits. 67 Recommendations It is recommended that the SWSA boundary be adjusted to remove some areas from the SWSA when planned land uses clearly would not require Frederick Water’s water and sanitary sewer services, and the addition of areas when planned land uses would require Frederick Water’s water and sanitary sewer services. The recommendations also emphasize that private investment in sewer conveyance and treatment will be necessary to achieve the future planned land uses identified in the County’s 2035 Comprehensive Plan’s NELUP. The private investment may be facilitated via Grant-in-Aid agreements similar to that utilized to bring sanitary sewer to this area of the county in early 2000; private upfront investment for 15-year capacity reservations and perpetual sewer availability fee credits equal to the property owner’s initial investment value. 1.SWSA revisions a.Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. b.Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These recommended SWSA-additions were previously unsuccessful property owner initiated Comprehensive Policy Plan Amendments (CPPAs). c.Net change results in 335.43-acre addition to the SWSA. 2.Sewer Conveyance Improvements (0-10 years) a.Add SCADA to all pump stations serving the NELUP area. Estimated at $20,000 per pump station. b.Upgrade the VDOT sanitary sewer pump station to accommodate 2.250MGD flows. Estimated at $2,100,000. c.Upgrade forcemain downstream of VDOT pump station past Rutherford Crossing shopping center. Estimated at $2,000,000. d.Upgrade the Stephenson Regional sanitary sewer pump station. This upgrade should increase the capacity of the pump station to its previously designed maximum flow rate. Estimated at $300,000. 3.Wastewater Treatment capacity expansion (10-20 years) a.Expand OWRF or construction a new wastewater treatment plant in NELUP to increase treatment capacity. Size the additional treatment capacity at 6 MGD, possibly an initial phase of 2 MGD. Estimated at $50,000,000 68 APPENDIX I - AREA PLANS Northeast Land Use Plan 1 FREDERICK WATER RECOMMENDATION 9/15/2020 NORTHEAST FREDERICK LAND USE PLAN NELUP -INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; •MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 •BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 •SWSA ADJUSTMENT AMENDMENT Approved by the Board of Supervisors on XXXXXX XX, 202x The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. 69 APPENDIX I - AREA PLANS Northeast Land Use Plan 2 MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (NSA) due to the environmental and historical features on and around the site, most notably Stephenson’s Depot. • Protection of the environmental features of the site. • Preservation of those areas identified with NSA’s and development limited to those areas to the south of the NSA’s and south of McCann’s Road. • Utilizing McCann’s Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area). • An O.M. (Mixed Use Office/Industrial) land use designation. • Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (NSA) providing access from Old Charles Town Road to McCann’s Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann’s Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area. • A buffer adjacent to McCann’s lane that is approximately 50’ in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at 70 APPENDIX I - AREA PLANS Northeast Land Use Plan 3 preserving this resource and its character, interpreting the historical landscape, and buffering the future development. • A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical NSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources. • The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road. • An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into the design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area. • The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area). • The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact. • Historical signage consistent with currently used signage should be provided. • Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn’t changed. • Appropriate traffic controls should be provided on McCann’s Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. 71 APPENDIX I - AREA PLANS Northeast Land Use Plan 4 BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved language: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north–south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. 72 APPENDIX I - AREA PLANS Northeast Land Use Plan 5 SWSA ADJUSTMENT AMENDMENT (BOS APPROVED XXXXXXX XX, 202X) The Comprehensive Plans and Programs Committee (CPPC), at their XXXXX XX, 20XX meeting, recommended that the following SWSA adjustment and text be incorporated into the Northeast Land Use Plan: The SWSA within the Northeast Land Use Plan recognizes the importance of planning for economic development, properly designating planned land uses, and placing those sites within the SWSA as an indication that the county is supportive of properly planned economic development opportunities. Properties that had previously been designated with planned land uses to promoted economic development have been captured within the SWSA. Those properties that are designated with planned land uses that support economic development but do not require public water and sewer have been removed from the SWSA. The SWSA adjustment elevates the importance of access to public water and sewer for the underlying planned land uses to be realized. Significant sanitary sewer improvements will be necessary to increase conveyance and treatment capacities to meet the demands of new development. While some improvements may certainly be addressed on a case-by-case approach, other improvements will require significant investment. Consideration of multiple property owner involvement in infrastructure financing should be considered to address the more significant conveyance and treatment needs. More important, property owners realize that properly sized and constructed sanitary sewer infrastructure needs to be in place and operational to facilitate private site development. 73 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community µ Long Range Land Use Business Community Center Extractive Mining Heavy Industrial Industrial Mixed Use Industrial/Office Planned Unit Development Park Residential Sensitive Natural Area w w w w w w Warehouse Proposed SWSA Adjustments Date: 9/15/2020 Sewer/Water Service Area - Adjustments Extractive Mining Land Uses Fruit Hill Orchard The Interstate Orchard Waverly Farm Woodside Sewer/Water Service Area - Current Extractive Mining Land Uses REMOVE 681.97 acres Fruit Hill Orchard ADD 153.65 acres The Interstate Orchard ADD 156.90 acres Waverly Farm ADD 174.64 acres Woodside ADD 532.21 acres Net Change to SWSA = + 335.43 acres 74 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community µ New SWSA Boundary Date: 9/15/2020 New SWSA 75 [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú6 inch10 inch14 inch12 inch8 inch3 inchUnknown4 inch 1.25 inch 1.5 inch2 inch Unknown6 inch10 inchUnkn o w n 6 inch3 in c h 3 inch6 inch12 inch12 i n c h 8 inch6 inc h Woodbine Yardmaster Court Omps Rail Warehouse VDOT Rest Area I-81 Welltown Rd/Tyson Dr. Hiatt Run Pump Station Carroll Industrial Park Red Bud Run Pump Station J&K Investment Pump Station Clearbrook Park Sewer Pump Station Rutherford Crossing Sewer Pump Station Stephenson Regional Sewer Pump Station Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community µ New SWSA Boundary Current Sewer Infrastructure Date: 9/15/2020 New SWSA Sewer Gravity Main Sewer Force Main [Ú Sewer Pump Station 76 APPENDIX I - AREA PLANS Northeast Land Use Plan 1 NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS;  MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014  BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. 77 APPENDIX I - AREA PLANS Northeast Land Use Plan 2 MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (NSA) due to the environmental and historical features on and around the site, most notably Stephenson’s Depot.  Protection of the environmental features of the site.  Preservation of those areas identified with NSA’s and development limited to those areas to the south of the NSA’s and south of McCann’s Road.  Utilizing McCann’s Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area).  An O.M. (Mixed Use Office/Industrial) land use designation.  Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (NSA) providing access from Old Charles Town Road to McCann’s Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann’s Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area.  A buffer adjacent to McCann’s lane that is approximately 50’ in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at 78 APPENDIX I - AREA PLANS Northeast Land Use Plan 3 preserving this resource and its character, interpreting the historical landscape, and buffering the future development.  A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical NSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources.  The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road.  An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into th e design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area.  The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area).  The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact.  Historical signage consistent with currently used signage should be provided.  Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn’t changed.  Appropriate traffic controls should be provided on McCann’s Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. 79 APPENDIX I - AREA PLANS Northeast Land Use Plan 4 BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved language: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north–south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. 80 ³n ³n [j ³n³n City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenterST672 ST669 ST671 ST820 ST660 ST659 ST661 ST665 ST663 ST654 ST739 ST673 ST656 ST664 ST676 ST672 ST661 ST659 ST661 ST672 ST669 ST661 ST663 §¨¦81 §¨¦81 0111 0137 017 01522 017 Copyright:© 2013 National Geographic Society, i-cubed 0 0.5 1 1.50.25 Miles µ ³n Existing Elementary ³n Existing High School ³n Future Elementary [j Future Park Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails Northeast Frederick Land Use Plan Area Plan 2035 Comprehensive Policy Plan Map Adopted January 25, 2017 Urban Development Area Future Rt 37 BypassSewer and Water Service Area Land Use Legend Business Mixed-Use Mixed Use Commercial \ Office Highway Commercial wwwwwwwwwwwwwwwwwwww Warehouse Industrial Heavy Industrial Mixed Use Industrial \ Office Extractive Mining Residential Planned Unit Development Urban Center Neighborhood Village Recreation Commercial Recreation Natural Resources & Recreation Park Fire & Rescue Institutional School Rural Community Center Sensitive Natural Areas 81 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenterST672 ST669 ST671 ST820 ST660 ST659 ST661 ST665 ST663 ST654 ST739 ST673 ST656 ST664 ST676 ST672 ST661 ST659 ST661 ST672 ST669 ST661 ST663 §¨¦81 §¨¦81 0111 0137 017 01522 017 Copyright:© 2013 National Geographic Society, i-cubed µNew Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails 2035 Comprehensive Policy Plan Map Adopted January 25, 201700.5 10.25 Miles Northeast Frederick Land Use Plan Transportation Map Area Plan Future Rt 37 BypassSewer and Water Service AreaUrban Development Area 82 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenterST672 ST669 ST671 ST820 ST660 ST659 ST661 ST665 ST663 ST654 ST739 ST673 ST656 ST664 ST676 ST672 ST661 ST659 ST661 ST672 ST669 ST661 ST663 §¨¦81 §¨¦81 0111 0137 017 01522 017 Copyright:© 2013 National Geographic Society, i-cubed µProposed Lane Divides 4 Lane Limited Access w/ CD Lanes (if required) 6 Lane Divided 4 Lane Divided Northeast Frederick Land Use Plan Transportation Map - Lane Divides Area Plan 2035 Comprehensive Policy Plan Map Adopted January 25, 201700.5 10.25 Miles Urban Development Area Sewer and Water Service Area 83 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenterST672 ST669 ST671 ST820 ST660 ST659 ST661 ST665 ST663 ST654 ST739 ST673 ST656 ST664 ST676 ST672 ST661 ST659 ST661 ST672 ST669 ST661 ST663 §¨¦81 §¨¦81 0111 0137 017 01522 017 Copyright:© 2013 National Geographic Society, i-cubed µ Area Plan Facilities ³n Existing Elementary ³n Existing High School ³n Future Elementary [j Future Park Community Facilities Elementary School Future Elementary School Middle School High School Fire & Rescue Station Park Future Park Water Resources Area Natural Resource & Recreation Areas Sensitive Natural Areas Rural Community Center Northeast Frederick Land Use Plan Community Facilities Natural and Recreational Resources Plan 2035 Comprehensive Policy Plan Map Adopted January 25, 201700.5 10.25 Miles Future Rt 37 BypassUrban Development Area Sewer and Water Service Area 84 Planning Commission Agenda Item Detail Meeting Date: October 21, 2020 Agenda Section: Information/Discussion Title: Ordinance Amendment - Backyard Chickens in the RP District - (Mr. Klein) Attachments: PC10-21-20OABackyardChickens.pdf 85 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Backyard Chickens in RP District DATE: October 13, 2020 This is a request from a private citizen through their Board of Supervisors representative to allow backyard chickens in the RP (Residential Performance) Zoning District. Presently, the keeping of chickens is only allowed in the County’s RA (Rural Areas) Zoning District. The proposed amendment would allow single-family detached (SFD) lots 15,000 square feet (SF, or 0.34-acres) or greater to have up to a maximum of six (6) chickens by-right. Rooster, guinea fowl, turkeys and peacocks would be prohibited by this allowance. Additionally, single-family attached lots (townhomes or duplexes), multi-family buildings, and lots less than 15,000 SF would be prohibited from keeping chickens. This amendment would also apply to lots of 15,000 SF or greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts as they also follow the RP District “Allowed Uses” list. The Development Review and Regulations (DRRC) discussed this item on September 24th. The primary discussion among the Committee was the appropriate minimum lot size and maximum number of chickens allowed. The DRRC generally supported a minimum lot size of 15,000 SF and stated that the use was intended for hobbyist/personal use only for eggs and not for commercial sale of eggs or meat. The DRRC also supported the proposed supplemental use regulations for enclosures, storage of chicken feed, disposal of waste, screening from neighbors/roadways and making a formal application to the County prior to establishing the use. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). Staff is seeking direction from the Planning Commission on this Zoning Ordinance text amendment. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Zoning Ordinance Amendment Cover Letter MTK/pd 86 Draft Revised 9/25/2020 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses §165-204.33. Backyard Chickens; Chicken Coops in RP Zoning District Backyard chickens and chicken coops located in the RP Residential Performance District shall meet the following requirements: A. The keeping of chickens (hens) shall be permitted as an accessory to single-family detached residential uses and shall be permitted for personal use only. The commercial sale of meat or eggs is prohibited. B. The minimum lot size required for single-family detached residential lots to allow chickens shall be 15,000 square feet (SF) or greater corresponding to Frederick County Tax Records and/or a recorded plat. The maximum number of chickens allowed shall be up to six (6) chickens at any one time. Townhomes, duplexes, multifamily buildings, garden apartments, and single-family detached lots less than 15,000 square feet (SF) are prohibited from keeping backyard chickens and chicken coops. C. The keeping of roosters, turkeys, guinea fowl, and peacocks is prohibited. D. Chicken coops shall be located to the rear of the residential dwelling and shall meet the setbacks and building permit requirements for accessory structures in the RP zoning district contained in §165-402.09(M). Where a residential lot is adjacent to common areas (open space), stormwater management facilities, drainage easements, or streams, chicken coops shall be setback at least 15-feet off the edge of the property lines and in no cases shall be located within the limits of any easement. E. Chicken coops are prohibited to-be-located in the front yard setback. Chickens and coops shall not be visible from any public or private road right-of-way. F. Areas designated for chickens (i.e. coops and pens) shall be completely enclosed to provide protection from predators. No free-range chickens are allowed. G. All pens and coops shall be kept clean and sanitary at all times. Pens and coops shall be cleaned on a regular basis to prevent offensive odor. Chicken waste shall be stored in an enclosed container and properly disposed of by the owner. H. Chicken feed shall be stored in an enclosed container in a garage, shed, or residence to discourage pests and predators. I. An application, including a sketch of the property and approximate location of the pen or coop, shall be submitted to and reviewed by the Department of Planning & Development prior to the keeping of chickens. An application fee of $25 is required for processing. *Note: Private covenants and/or homeowner associations may further restrict the keeping of backyard chickens/chicken coops and should be carefully reviewed by the property owner before making an application to the County. 87 1 July 24, 2020 County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 Dear Mr. Cheran: It has been several years since my initial request to have the ordinance changed in Frederick County RP to allow backyard chickens. Since then both Berryville and Boyce have adopted new changes to their ordinances to allow back yard chickens in residential properties and within city limits. I would like to formally present to the board of supervisors a request to change the current ordinance to allow backyard chickens in the Frederick County area that is currently zoned residential. In the early twentieth century backyard chickens were common across America. They were not just permitted they were encouraged. By the middle of the twentieth century food production had become industrialized. At the same time following WWII, the modern American suburb was born and backyard chickens became less and less. Today, with growing interest in the local food movement and adopting a simpler more sustainable way of life, backyard chickens are back in fashion. The current pandemic situation which has limited access to food and some necessities makes it is even more evident that having our own food available is critical. The benefits of having backyard chickens include but are not limited to: Healthy fresh eggs Great fertilizer for gardening and new plant growth Insect control Educational value Minimize waste by feeding chickens table scraps, avoiding excess waste in our landfills Local self-sustainability food system Revenue to the county Save Heritage breeds Cheap and easy to care for Source of therapy for Autism and elderly with dementia Feeding the hungry Some negative thoughts on backyard chickens include: Purchase of coop can be expensive 88 2 Smell Noise Daily maintenance I would like to purpose that the ordinance be changed to allow backyard chickens in Frederick County residential areas with the following guidelines: No Roosters (limits noise issue) No free-range chickens allowed Clean well-maintained coop (it takes 6 hens to produce the same amount of waste as one domestic dog) Coop and run must be kept at least 15 feet from other properties Fresh water and food available to the chickens always Initial inspection of coop and living conditions for the chickens (Must provide a fenced in run) Chicken owners would take a one-hour class on how to properly care for chickens (Virginia Tech Agriculture program offers classes) No slaughtering of chickens on property Application for a permit with an annual fee of $40 (revenue for the county) If the Board of Supervisors are reluctant to make a final decision regarding this request I would ask for a consideration to approve a PILOT program. A one-year pilot to see if the change would be a positive decision. I request to be the recipient of the pilot. It would allow me to keep my chickens and work with implementing the permit and guidelines outlined in my proposal. I am interested in working with government officials to assist in any way I can so they are not burdened with more work. Please let me know what the next step is in addressing this issue and presenting my case to the board. My contact information: Phone: (540)336-7106 Email: slrr@comcast.net I truly appreciate your attention regarding this matter. Respectfully Submitted, Sherry Riley Resident of Frederick County, VA Opequon District 207 Montgomery Circle Stephens City, VA 22655 89 90