046-07AMENDMENT
Action:
PLANNING COMMISSION: February 7, 2007 - Recommended Denial
BOARD OF SUPERVISORS: February 28, 2007 ^ APPROVED ^ DENIED
AN AMENDMENT TO
THE FREDERICK COUNTY 2003 COMPREHENSIVE POLICY PLAN
CHAPTER 6, LAND USE
WHEREAS, Comprehensive Policy Plan Amendment #06-06 of Clearview, submitted by
Painter-Lewis PLC, was considered. This amendment to the Frederick County 2003 Comprehensive Policy
Plan, Chapter 6, Land Use, was to expand the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA) by 130.07 (four parcels) acres to enable residential land uses. The four parcels are
located south of Hopewell Road (Route 672) (adjacent to and behind the new Waverly Farm Rural
Preservation Subdivision) and west of Interstate 81 (adjacent to I-8l Rest Area) in the Stonewall
Magisterial District, and are identified by Property Identification Numbers 43-A-75, 44-A-1, 44-A-3 and
44-A-3B.
WHEREAS, the Comprehensive Plans and Programs Subcommittee (CPPS) recommended denial
of this amendment on October 9, 2006; and
WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan
Amendment on February 7, 2007; and
WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan
Amendment on February 28, 2007; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive
Policy Plan Amendment to be in the best interest of the public health, safety, welfare, and in
conformance with the Comprehensive Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the
Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to expand the
Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) by 130.07 (four
parcels) acres with the intent to enable age restricted residential land uses.
PDRes#15-07 REQDEST DENIID - I~IOTION`DIED DDE TO LACK OF A SECOND.
BOS Resolution 1046-07
This amendment shall be in effect on the date of adoption.
Passed this 28th day of February, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Barbara E. Van Osten
Gary W. Dove
Bill M. Ewing
Gene E. Fisher
Philip A. Lemieux
Charles S. DeHaven, Jr.
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
PDRes. # 15-07
CPPA #06-06
`c~ cO~~ UDA &SWSA EXPANSION REQUEST - CLEARVIEW
~ ~ Staff Report for the Board of Supervisors Meeting
Prepared: February 16, 2007
'N
Staff Contact: Candice E. Perkins, Planner II
I~
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in the discussion of this
request. It may also be useful to others interested in this comprehensive planning matter.
CPPS:
Planning Commission
Board of Supervisors
Planning Commission
Board of Supervisors
Reviewed
10/09/06
11/01/06 (Discussion)
12/13/06 (Discussion)
02/07/07 (Public Hearing)
02/28/07 (Public Hearing)
Action
Recommended Denial
Recommended Denial
Directed scheduling of Public
Hearing
Recommended Denial
Pending
PROPOSAL: To consider a proposal to expand the Urban Development Area (UDA) and the
Sewer and Water Service Area (SWSA) by 130.07 (four parcels) acres to enable residential land
uses.
PLANNED USE: Residential
LOCATION: The four parcels are located south of Hopewell Road (Route 672) (adjacent to
and behind the new Waverly Farm Rural Preservation Subdivision) and west of Interstate 81
(adjacent to I-81 Rest Area).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS FOR UDA EXPANSION: 43-A-75, 44-A-1, 44-A-3 & 44-A-3B
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Agricultural and Residential
CPPA - Clearview
February 16, 2007
Page 2
AllJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Area) Use: Rural Preservation Subdivision
South: RA (Rural Area) Use: Rural Residential and Agricultural
East: N/A Use: Interstate 81/Rest Area
West: RA (Rural Area) Use: Rural Residential and Agricultural
PLANNING STAFF EVALUATION:
Site History
The original Frederick County zoning map (U.S.G.S. Winchester and Stephenson
Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The
County's agricultural zoning districts were subsequently combined to form the RA (Rural
Areas) District upon adoption of an amendment to the Frederick County Zoning
Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in
the re-mapping of the subject properties and all other A-1 and A-2 zoned land to the RA
District.
Comprehensive Policy Plan
Land Use Plan
The subject parcels currently are not located within the limits of any small area land use
plan and are located over a mile from the Urban Development Area (UDA). The subject
parcels are also outside of the limits of the Sewer and Water Service Area (SWSA). The
SWSA currently runs along the eastern boundary of the I-81 northbound lanes. As such,
the Comprehensive Policy Plan would prohibit the property from connecting to public
water and sewer for any use.
The applicant is not proposing a small area land use plan for the subject properties.
Rather, the applicant is seeking extension of the UDA and SWSA and a residential
designation on the Eastern Frederick County Long Range Land Use Plan for the four
subject properties.
The subject site is surrounded by a new rural preservation subdivision (Waverly Farms)
to the north, rural residential and agricultural parcels to the south and west and by the I-
81 rest area to the east. The applicant is seeking to expand the UDA and SWSA to
incorporate the four parcels which total 130.07 acres so that it can be developed as an
age-restricted housing development, as indicated in their Comprehensive Policy Plan
Amendment application. It is noted that this is not a rezoning request, so there is no
restriction on housing type or a measure to prohibit this development from being open to
everyone. If rezoned at the maximum allowed density for this site, the potential for the
introduction of 520 residential units is possible for this area wknch could equate to 260
possible students being introduced into the school svstem.
CPPA - Clearview
February 16, 2007
Page 3
_ Staff comment: The applicant is requesting the inclusion of 130.07 acres into the UDA
and SWSA to enable residential land uses. The approval of this amendment will
introduce future high density residential zoning -into an area with no adjacent high
density residential and a transportation network not designed for this use. In the past,
the County has not extended the UDA in anon-contiguous manner. It is also noted
that the intended age-restricted housing is not guaranteed; extension of the UDA
would enable all ages and residential housing types.
As currently presented, there is not a land use plan proposed for this CPPA
application. Without a detailed land use plan and corresponding text that specifies
what this development should consist of (density, housing types, transportation
improvements, etc.) there is the possibility that if the UDA and SWSA are expanded
around this property, the type of development that could take place could maximize the
density of the site and generate a large number of students and traffic.
Transportation
The draft Eastern Frederick County Eastern Road Plan does not include this area, only
the portion of Hopewell Road between I-81 and Martinsburg Pike (Route 11) is identified
to become a major collector. The site currently only has one point of access to a state
road.
The site is currently provided access to Hopewell Road (Route 672) through Waverly
_ Road (Route 655) which connects to Michael Drive (Frontage Road 229 -variable width
ROW) and then to Moreland Lane (access easement). Waverly Road connects to
Hopewell at two locations, one being approximately 220 feet from the I-81 south bound
ramps and the other being approximately 3,600 feet from the I-8l ramps. The site does
not have the possibility for interparcel connections to the south or west.
Staff Note: The area around the Hopewell Road interchange is intended for
commercial uses as indicated in the Northeast Land Use Plan; however, it is unclear
when this will be developed or whe~f the Waverly Road/Hopewell Road intersection
closest to I-81 will be closed or relocated. It is noted that this property does not have
any recorded access into the new Waverly Farm rural preservation subdivision.
Existing and planned access to this UDA expansion area may be inadequate to
accommodate the potential 520 new residential units.
Community Facilities and Service
Frederick County Public Schools, the Frederick County Sanitation Authority and the
Frederick-Winchester Service Authority provided comments on this CPPA application
and these are attached.
Frederick County Public Schools stated that a UDA expansion would not hold the
applicant to anage-restricted development.
The Sanitation Authority stated that while water is available, the sewer capacity in this
area is insufficient to serve the existing land within the SWSA. If the proposed
CPPA - Clearview
February 16, 2007
Page 4
Clearview property is incorporated into the SWSA, it will eliminate development
potential from the property that is already within the SWSA.
The Frederick-Winchester Service Authority stated that limited capacity will be available
at the Opequon Water Reclamation Facility.
COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) SUMMARY
& ACTION OF 10/09/06 MEETING:
The CPPS had serious concerns with this UDA and SWSA expansion request. A primary
concern was that the character and context of the proposed use did not fit in with the surrounding
rural land uses. Members were satisfied with the current rural use of this area and unanimously
recommended to the Planning Commission that this CPPA request be denied.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING:
This CPPA amendment was presented by the staff to the Planning Commission for discussion at
their November 1, 2006 meeting. Members of the Commission, who were also members of the
Comprehensive Plans and Programs Subcommittee (CPPS), pointed out that the subject property
had no adjacent UDA, the proposal was out of character with existing uses in this area, and it
simply did not fit in at this point in time. Other Commissioners agreed with the conclusions of ..
the CPPS and could not support the request.
(Note: Commissioner Oates abstained from discussion due to a conflict of interest;
Commissioners Light, Ours, and Thomas were absent from the meeting.)
BOARD OF SUPERVISORS SUMMARY & ACTION OF 12/13/05 MEETING:
Supervisor DeHaven advised that he would be abstaining from consideration of this item due to a
conflict of interest.
Planner II Candice Perkins appeared before the Board regarding this item. She advised
this was one of the two Comprehensive Plan and Policy Amendments requested by the Board for
further study. The 130 acre parcel is zoned RA (Rural Areas) and its use is agricultural and
residential. The property is not located within a small area land use plan and is outside of the
sewer and water service area and the urban development area. The applicant is requesting an
extension of the urban development area and sewer and water service area to include this parcel
for development as an age restricted community. If this parcel were to be rezoned at the
maximum allowed density for the site, the potential for 520 residential units exists. Planner II
Perkins went on to say there were no adjacent high density uses. The Frederick County
Sanitation Authority noted that water was available but sewer capacity was not. She noted the
Comprehensive Plans and Programs Subcommittee had concerns with this request. The primary
concern was the proposed use did not fit in with the surrounding rural areas. The subcommittee
recommended this application be denied. The Planning Commission unanimously recommended
CPPA - Clearview
February ] 6, 2007
Page 5
denial as well. She concluded by saying that staff is seeking direction from the Board and if the
Board recommends approval then a land use plan and text would be sent to the Comprehensive
Plans and Programs Subcommittee for development.
Supervisor Lemieux stated that he had heard and understood the different comments but
he felt there was an opportunity here, as there was already water and sewer on the property. He
went on to say that he did not believe five-acre lots were the best use for the property. He
thought there should be a small commercial aspect to the project and he would like to see this
move forward.
Upon a motion by Supervisor Lemieux, seconded by Vice-Chairman Ewing, the Board
voted to send this proposal forward for public hearing.
Supervisor Dove stated that he had originally voted to send this request to the
subcommittee for further study, but after the subcommittee and Planning Commission's
recommendation, he would have trouble supporting the request at this time.
Supervisor Van Osten stated that she appreciated Supervisor Lemieux's comments;
however, she was concerned about wastewater capacity and would have trouble moving forward
with this request at this time.
Supervisor Lemieux stated that he believed the County had enough tools in place to
ensure that the timing of this project was correct.
Supervisor Fisher stated that he could not support this application due to sewer and
timing issues.
Chairman Shickle stated that he would probably support Supervisor Lemieux because he
would like to know what the public thinks about this proposal or what they would like to see
happen on that property. He went on to say that if nothing happened then it could become five
acre lots. He concluded by saying that his interest in taking this to public hearing was no
guarantee that he would support it at the conclusion of the hearing.
Vice-Chairman Ewing stated that he would like to hear what the public has to say about
this application. Supervisor Van Osten stated that she had reservations, but would vote to send it
forward for public hearing. There being no further discussion, the motion to send CPPA #06-06
forwazd for public hearing was approved by the following recorded vote:
Richard C. Shickle Aye
Bill M. Ewing Aye
Charles S. DeHaven, Jr. Abstain
Gary W. Dove Nay
Gene E. Fisher Aye
CPPA -Clearview
February 16, 2007
Page 6
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/07/07 MEETING:
Two persons spoke during the public comment portion of the hearing. The first, a resident on
Waverly Road, wanted to know how the proposed project would be accessed. She said that
Michael Drive is not atwo-lane road and would not be wide enough to accommodate any
additional traffic. The second citizen, an adjoining property owner in Fairview Estates, afive-
acre development, was opposed to cottage-style housing and commercial uses against his
property. If the property was going to be developed, he preferred to see it develop as five-acre
lots.
Mr. Thomas Moore (Ty) Lawson, P.C. of Lawson & Silek, P.L.C. was representing the CPPA
application for Gary and Pamela Payne, the owners of the site called Clearview. Mr. Lawson
said that a conditional rezoning application has in fact been filed with the County for this
property and it is for anage-restricted community with some limited commercial use. Mr.
Lawson said a traffic study encompassing six intersections has been conducted and the LOS is
not degraded with the proposed project. He noted only one intersection as being affected, the
intersection. of Brucetown and Route 11, and their proposed proffer provides a monetary
contribution to address the future anticipated realignment of that intersection. He added that
schools will not be affected. Responding to the public comments, Mr. Lawson said the proposed
rezoning application shows that Michael Drive is intended to be improved to a full VDOT-
standard road. In addition, he said the rezoning is proffering a heavy buffer package and green
space to separate the project from neighboring uses.
During the Planning Commission discussion, members pointed out that if this CPPA is approved,
the Waverly Farm would undoubtedly also be absorbed into the UDA. This would introduce
future high-density residential land uses into an area with no adjacent high-density residential
and with a transportation network not designed to accommodate the use. They also commented
that this CPPA request had been before the Planning Commission previously and it has been
recommended for denial each time. Another Commissioner commented that any use of the area
besides five-acre lots would be an improvement; however, the County doesn't have the ability to
regulate what could actually develop on the property with only a SWSA/UDA expansion request
and in this case, there is no other choice than five-acre lots.
By a majority vote, the Planning Commission recommended denial of CPPA Request #06-06 of
Clearview. The vote was as follows:
YES (TO REC. DENIAL): Watt, Manuel, Morris, Wilmot, Ours, Kriz, Triplett, Kerr, Light,
Unger, Mohn
NO: Thomas
CPPA - Clearview
February 16, 2007
Page 7
ABSTAIN: Oates
Following the required public hearing, a decision regarding these Comprehensive Policy Plan
revisions by the Board of Supervisors would be appropriate.
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Frederick County Public Schools
Assistant Superintendent a-mail:
for Administration Visit us at www.frederick.kl2.va.us orndorfaQfrederick.kl2.va.us
September 27, 2006
Susan K. Eddy, AICP, Senior Planner
County of Frederick
Department of Planning & Development
l OZ North Kent Street
Winchester, VA 22601
Dear Ms. Eddy:
The bulleted comments below are in response to your request of
August 28, 2006 on the proposed Comprehensive Policy Plan Amendment requests:
(1) The Round Hill Center /National Lutheran Home, and (2) The Cleaxview.
The Round Hill Center /National Lutheran Home
- Expanding the UDA sets a precedence outside Route 3Z
in the northwestern area of the county.
- How does this UDA expansion relate to the Round Hill
Community concept?
- Is it a correct assumption that if this is included in the UDA,
there are no implied restrictions relative to age-restricted
housing until the actual rezoning occurs?
The Clearview
- The UDA expansion does not necessarily hold the property to
age-restricted housing
If I can be of further assistance, please don't hesitate to contact me.
Sincerely,
~~
Al Orndorff
Assistant Supe i tendent for Administration
ALO/ssn
540-662-3889 Ext 100 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788
FREDERICK COUNTY
SANITATION AUTHORITY
P.o. Bt,X is77
Winchester, VA 22604-8377
ROBERT P. MOWERY, C.P.A., Chairneam
JOHN STEVENS, Voce-chairman
RICHARD A. RUCKMAN, P.E., Sec-treasurer
JAMES T. ANDERSON
DARWIN S. BRADEN
MEMORANDUM
TO:
FROM:
SUBJECT
DATE:
Susan K. Eddy, AICP, Senior Planner
W. H. Jones, P. E. ~ '!
2006 Comprehensive Policy Plan Amendment Requests
September 20, 2006
Wellington H. Jones, P.E.
Engineer-Director
Ph. - (540) 868-1061
Fax - (540) 868-1429
Attached are my comments concerning water and wastewater service for the Round Hill
Center/National Lutheran Home and Clearview comprehensive policy plan amendment requests.
I will not be able to attend the October 9, 2006 meeting of the Comprehensive Plans and Program
-- Subcommittee. If you have questions, or need further explanation, I will be in my office from
October 3 - 6.
/ths
Attachments
WATER AT YOUR SERVICE
Cleariew
The proposed area being considered is 130 acres. Residential development could demand an
average of 1,000 gallons per day per acre for a total daily demand of 130,000 gallons. This
demand would be for both water and sewer.
Potable Water
The Authority has a 12-inch water line crossing I-81 to the VDOT rest area. This line has
sufficient capacity to provide adequate water service for residential. development for the area
being considered.
Sanitary Sewer
The Authority provides service to the Route 11 North corridor through a pressure sewer system.
This system has a capacity of 0.500 MGD. Currently, 0.370 MGD of this capacity is reserved for
landowners that participated in the cost to construct the system. About 0.130 MGD of
uncommitted capacity is currently available in the system. This capacity is insufficient to serve
the existing land within the SWSA in the Route 11 North corridor. Therefore, to expand the
SWSA to incorporate Clearview will eliminate development within the existing SWSA that has
wastewater facilities available.
With the development of Snowden's Bridge, additional wastewater capacity will be available to
the Route 11 North comdor. This will probably occur between 2015 and 2020. Until that time,
expansion of the SWSA in the Route 11 North corridor will exacerbate the wastewater capacity
issue.
Frederick-Winchester Service Authority sEP 1 2 Zoos
Post Office Box 43
Winchester, Virginia 22604 I
,J
Office: 107 North Kent Street
County Office Complex -~"'
Winchester, Virginia 22601
1-540-722-3579
September 11, 2006
TO: SUSAN K. EDDY -SENIOR PLANNER
DEPARTMENT OF PLANNING & DEVELOPME
FROM: JESSE W. MOFFETT -EXECUTIVE DIRECTOR
FREDERICK-WINCHESTER SERVICE AUTHORI Y
RE: 2006 COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA)
REQUESTS
I have reviewed the material that you provided me with regards to the 2006
Comprehensive Policy Plan Amendment Requests made.
Although I have no specific comments relative to either one of the proposed
applications, I would continue to make the Comprehensive Plan and Program
Subcommittee aware of the fact that limited capacity will be available at the
Opequon Water Reclamation Facility. At present, the facility is rated as an 8.4
MGD facility and has had new Bay-related regulations placed on it with regards to
nutrient discharges, wherein a cap has been placed on the nutrients which maybe
discharged in future years. The Frederick Winchester Service Authority is presently
going through the pre-engineering report portion of the process of expanding the
facility and improving immensely the treatment capabilities of the facility to
maximize those allocations presented to us. However, it should be noted that, even
with the Service Authority moving to a point of limit of technology in its treatment,
the present allocation would only allow us slightly over 11 MGD of ultimate
capacity.
In looking at those developments that have been approved, are on the books and
under development, and those planned, I would make the Committee aware that
these nutrient caps may cause future limitations for the Opequon facility and should
be taken into account in the Committee's review of expanding the sewer and water
service area.
"MalNtalninq anA Prow~otlMg tRo VaEaos of tRa G~o~iww~ity tRroagR 6tiviron~¢nfa8 Stawardsalp'
_-_-^ pomp rtanpe nan CQ~ Ins5bfionm
~s^ Rural C°mmuniry C.rRer '< ~ Revaati°n CPPA # 06 - 06
Roatl Nahvork R..ma^tim ®w.e°nct osn
iv PrimaryReae. ~PF^.~ ®M;..X~e. ClearView
IV swoneayRaae. ~ I^au.aial ®p.^a.e~^aowaapm.nt UDA & SWSA E
xpansion Requ } ry°;
/\,/ Ternary R°etl. ®CPPg3006 es• Ci ua ryFinacXCY Ceunry
.n/wnnm.mrc;q R^aa. (Residential) PI•^^~p o.werri.ao
s.prn, zoos
l"~ Fubre RT3] Bypass
730 acres p.t p.ps p pt o.2 0.3 os
COMPREHENSIVE POLICY PLAN AMENDMENT
INITIATION REQUEST FORM
(Please type all information. The application will not be deemed complete unless all items listed
below have been submitted.)
A. Owner(s) Information:
1. Name: Gary L. and Pamela L. Payne
2. Project Name: Clearview
3. Mailing Address: P.O. Box 121
Stephenson, VA 22656
4. Telephone Number: (540 662-4957
Authorized Agent Infonnation-
1. Name: PAINTER-LEWIS, P.L.C. John C. Lewis P E
2. Project Name: Clearview
3. Mailing Address: 116 South Stewart Street
Winchester. VA 22601
4. Telephone Number: X540) 662-5792
B. Legal interest in the property affected or reason for the request:
The oroperty owners request the Comprehensive Policy Plan be amended so as to include
the subiect property in the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA).
C. Proposed Comprehensive Policy Plan amendment -please provide the following
information.
1. FOR A MAP AMENDMENT:
a. GPIN(s): 43-((A))-75, 44-((A))-1 44-((A))-3 44((A))-3B
Magisterial District: Stonewall
b. Parcel size (approximate acres): f 130 acres (total)
c, Plat of area proposed for CPPA amendment, including metes and bounds
description. See Attachment A. -~
d. Existing Comprehensive Plan land use classification(s): Rural area
e. Proposed Comprehensive Plan land use classification(s): Mixed use
Existing zoning and land use of the subject parcel: RA Rural Area
District residence and agriculture.
g. What use/zoning will be requested if amendment is approved? R_PL
Residential Performance District.
h. Describe (using text, photos, and maps as necessary) the existing zoning,
Comprehensive Policy Plan designations, and/or approved uses and
densities along with other characteristics of are within:
• 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size;
• ~/~ mile if 21 - 100 acres in size; or
• 1 mile if more than 100 acres in size.
Note: Colored maps cannot be duplicated in the Planning Department
The site is bordered to the south b Fairview a rural subdivision containin
a roximatel 25 five acre residential lots. This subdivision is full develo ed.
To the west is a ricultural land and additional lar e residential lots. The VDOT
Vir inia Welcome Center on Interstate 81 borders the site alon its eastern
boundar . Additional a ricultural land and a few residential lots are located alon
the north east boundar Waverl Farm a rurahnras~ rvatnf he bteV1Al1 adjoining
The name, mailing address, and parcel number of all property owners within 200ft.
of the subject parcel(s), with Adjacent Property Owners Affidavit (page 6).
See Attachment D
Z, FOR A TEXT AMENDMENT
a. Purpose and intent of amendment.
To permit parcels partially within or adjacent to the UDA/SWSA to be
- incoroorated into such districts as well as other areas that can offer development
which meets or improves provision of public services
b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be
amended.
Chapter 6, Come urban forms of land development to the Urban Development
Area.
Chapter 6, Planned Communities
c. Proposed new or revised text.
Concentrate urban forms of land development to those areas within the
UDA/SWSA, those parcels immediately adjacent thereto or partially inco orated
therein, and other areas that can offer development which meets or improves
provision of public services to manase growth and ensure quality development
and diversity in housing opportunities.
Planned Unit Developments (PUD) and other similar types of concentrated
development, are permitted throughout the Urban Development Area and in the
rest of the County, where there is access to adequate water and sewer and the
development's qualities offset or exceed other costs to the County. Uses listed as
conditional in the RP district should be permitted by right in PUD developments
Note: Please attach and specify text changes with additions underlined and deletions
crossed through.
d. Demonstrate how the proposal furthers the goals, policies/objectives, and action
strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the
amendment request and why proposed revisions to said goals, policies, and action
strategies are appropriate.
Permitting inclusion of adjacent parcels and parcels partially within the district the
proposal will permit manageable growth in those areas designated for and
anticipated for development. Inclusion will allow development of land accordi~
to the characteristics of the land and the facilities already available. The inclusion
will also promote competitive market development within the UDA and provide
for a diversity of locations and suburban housi~types. This amendment will also
permit more opportunities for PUDs which reduce traffic impacts throughout the
County, by providing services to both the new developments and the existing
adjacent developments. Finally in accordance with the Comprehensive Plan
"Growth within the UDA needs to be continuously monitored to determine the
need for new or expanded facilities as well as for expansion of the UDA itself."
e, Demonstrate how the proposal is internally consistent with other Comprehensive
Policy Plan components that are not the subject of the amendment.
as weir as ,.,....,~... ~-----
necessar services are collocated with the nei hborhoo s.
3, FOR ALL AMENDMENTS
a, Justification of proposed Comprehensive Policy Plan amendment (provide
attachments if necessary). Describe why the change to the Comprehensive
Policy Plan is being proposed.
marked s•
b Co s der,l or examplentransportationaeconomic dlevelopment nd public
facilities.
land.
Other information as may be required by the Director of Planning, the Planning Commission, or
Board of County Supervisors during the review of the initiation request. The applicant will be
notified, in writing, if additional information is required.
All applications must also contain the following items:
1. Special Limited Power of Attorney Affidavit (see page 7 if parcels of land are
involved).
2. Application Review Fee of $3,000 (payable to the Frederick County Treasurer)
Applicants should consult the Comprehensive Policy Plan to identify goals; policies or action
strategies which are applicable to individual Comprehensive Policy Plan amendment requests.
Attachments
Attachment A -Property Plat
Attachment B -Location and Land Use Map
Attachment C -Adjoining Properties Map
Attachment D -Property Owners and Owner Affidavit
Signatures:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick
County officials to enter the property for site inspection purposes.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
~,(.(. 8/L/~C~2 Date: ~ ~ ~ ~
Applicant(s): .~/r'
~CGUvZ~c., ~ Lem P ~ C
~~,~~_/~ Date: ~._~''~ (c'
Owner(s): /~ ~' `'`~--~-
~~=~
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
Know All Men By Those Prese • That I (We)
(Name) ~0~'~ ~"` ~ GL ~L
(Address) /~~. ~ ~ ~~ / ,5~^~ ~'t~j5 ptt~
P'h/one) C..p ~ a~ - ~ ~ ~?
U 61- o~ el G S Z
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by
Office of the Circuit Court of the County of Fr derick, Virginia, by
g~3
~'pS r3S3
Instrument No. 9~'7 on Page 5 a 3 ,and is described as
?5 ~ 'f3
Parcel: Lot: ~ Block: Z Section:~_ Subdivision:
do hereby make, constitute and appoint:
(Name) f CdlV7~~1~ ~,~Wis /~~-~.,
recorded in the Clerk's
(Phone)
n-l D r~ ~ a - ST74 3
._. (Address) ~ ~ to ~ . S t-e w Ct r~ ~" St-• V11i 1"1 G h eStei~-, U'A a ~ (oG` 1
To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority
(we) would have if acting personally to file planning applications for my (our) above described Property, including:
^ Rezoning (including proffers)
^ Conditional Use Permits
^ Master Development Plan (Preliminary and Final)
^ Subdivision
^ Site Plan
[~ Comprehensive Policy Plan Amendment
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set mY(our) hand and seal this ~ ~ day of {- ~ , 200,
i~ ~l
Signature(s)
State of Virginia, City/County of F/1 ,( ~~ D /I .f_,C',~. , To-wit:
I, V t~ ~ LU fiL r l~ 1 ~ ~ , a Notary Public in and for the jurisdiction aforesaid, certify
that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same
before me in the jurisdiction aforesaid this i2 day of{,~, 200.
_.__- I'~7y Commission Expires: ~ ~ `~ ~ - ()
tart' Public
SUBJECT PROPERTY OWNERS AFFIDAVIT
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
STATE OF VIRGINIA
COUNTY OF FREDERICK /
~~ ~`~ day of ~D/' ~ I ` GYS ~p ,
This ( onth) (Year)
(Day)
I, ~ L ~~ dt
~ rn ner/C,ontract Purchaser/Authorized Agent)
hereby make oath that the list of property owners of the subject site, as submitted with the
application, is a true and accurate list based on the information provided by the Frederick County
Commissioner of the Revenue Office as taken from the current real estate assessment records.
(Owner/Contract Purchaser/Authorized Agent)
(circle one)
COMMONWEALTH O_F .VI,~RIGINIA:
County of Ff\.I~CA.~1 ~L
(~'Ul_.P a~U~ in my
Subscribed and sworn to before me this ~ 2 day of
County and State aforesaid, by the aforenamed Prrincipal.
__\~ --
TARY PUBLIC
My Commission expires: l ~^ `~ (lU~
6
OWNERS OF PROPERTIES WITHIN 200 FEET
Tax Map # Owner of Record Mailing Address
352 DeHaven Dr.
32- 13 -15 Messick, Ro er D. Clearbrook, VA 22624
234 Waverly Road
33- A -69 Wave I Farm, c/o Ken Stiles Clearbrook, VA 22624
205 View West Lane
43- A -75A Stonestreet, Jimm Blair & Pats L. Clearbrook, VA 22624
Post Office Box 160
43- 7 -5 Pa ne, Oliver L. & Ruth L. Ste henson, VA 22656
Post Office Box 121
43- 7 -6 Pa ne, Ga L. & Pamela L. Ste henson, VA 22656
Post Office Box 160
43- 7 -6A Pa ne, Adam T. & Melissa L. Ste henson, VA 22656
Post Office Box 234
43- 7 -7 Pin le ,Brian W. & Sarah B. Ste henson, VA 22656
~ 163 Shirley Court
43D-1-2-10 Kimble, Patrick & A ril Winchester, VA 22602
166 Shirley Court
43D-1-2-11 Plummer, James F. & Wanda J. Winchester, VA 22602
101 Evans Farm Lane
43D-1-2-12 Klline, Daniel W. & Brenda S. Winchester, VA 22603
135 Evans Farm Lane
43D-1-2-13 Mullins, Ga R. & Dorene Y. Winchester, VA 22603
Helsley, Wesley I. Sr. & Tena Post Office Box 1924
43D-1-2-14 Helsle ,Melissa Winchester, VA 22601
162 Moreland Lane
43D-1-2-15 Moreland, Robert L. Clearbrook, VA 22624
Post Office Box 2249
44A- A -3A Vir inia De artment of Trans ortation Staunton, VA 22402
162 Moreland Lane
44A- A -80B Moreland, Robert L. & Shirle Irene Clearbrook, VA 22624
Attachement D
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~/ DB s52 PG 133 31.35 ACRES 7g°5257"
Z DB 895 PG 1753 / ~ ~ 655.25
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NOTES:
1. NO TITLE REPORT FURNISHED; THEREFORE THERE MAY
BE ENCUMBRANCES OR EASEMENTS THAT ARE NOT
SHOWN HEREON. 5.00 O 5OO •I ~~~
2. BOUNDARY INFORMATION SHOWN HEREON IS BASED ON
DEEDS AND PLATS OF RECORD; NO FIELD RUN BOUNDARY
SURVEY IS IMPLIED. SCALE: ~ ~~ = 500
COMPOSITE PLAT
OF THE LANDS OF
GARY L. PAYNE and
PAMELA L. PAYNE
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 0512612005 SCALE: 1"=500' SHEET 1 OF 1
Marsh & Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET -WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0466 ^ FAX (540) 667-0469 - EMAIL o~ceQmarshandlegge.com
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