011-14 (WaiverLakeFrederickMDPRev1)MASTER DEVELOPMENT PLAN #06-14
Lake Frederick Revision #1
Staff Report for the Board of Supervisors
Prepared:August 4, 2014
Staff Contact: Candice E. Perkins,AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the Planning
Commission and the Board of Supervisors to assist in the review of this application. It may also be useful
to others interested in this zoning matter.
ReviewedAction
Planning Commission:
07/16/14Reviewed
Waiver Request:
07/16/14Recommended approval
Board of Supervisors:
08/13/14Pending
Waiver Request:
08/13/14Pending
PROPOSAL:To develop 926.27 acres of land zoned R5 (Residential Recreational Community) District
with a total of 2,130 (includes the 253 existing platted lots) residential dwelling units. The land area west of
Lake Frederick will consist entirely of age restricted dwellings (total of 517 age restricted units) and will be
served by private streets. The land area east of Lake Frederick will consist primarily of traditional residential
units (76 age restricted units and 1,537 traditional). The housing located on the east side of Lake Frederick
willinclude a mix of single family detached andattached.With this MPD application, the applicant is
requesting a waiver of the public street requirement to enable the entire Lake Frederick development to have
a complete system of private streets.
This MDPis a revision to theplanapproved in 2013 for Shenandoah. Changes include removing the
commercial pod located in Phase 1B, removing a road connection and adding lots in Phase IIA, adding a
model court in Phase 1A, and the request for private streets for the east side of the development. These
changes do not impact the overall lot number approved within the development.
MAGISTERIAL DISTRICT:
Opequon
PROPERTY ID NUMBERS:
87-A-103, 87-A-103C, and 87-A-102
LOCATION:
The subject properties are located on the western side of Route 522 South (Front Royal Pike),
south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to
this site is located on Route 522 South via Lake Frederick Drive.
:
PROPERTY ZONING & PRESENT USE
Zoned: Residential RecreationalCommunity(R5)Use:Residential & Vacant
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North:RA (Rural Areas)Use: Agricultural & Residential
South:RA (Rural Areas)Use: Agricultural & Residential
MDP #06-14Lake Frederick
August 4, 2014
Page 2
East: RA (Rural Areas) Use: Agricultural & Residential
Clarke County
West: RA (Rural Areas) Use: Agricultural & Residential
WAIVER REQUEST:
The Applicant is requesting a waiver of the public street requirements within the Lake Frederick
(Shenandoah) Development as allowed by § 165-502.05K(1) of the Zoning Ordinance. Approval of the
waiver would allow the development to be constructed with a complete network of private streets with gated
access. Currently the area west of Lake Frederick is entirely age restricted and is being constructed with
private streets. The applicant wishes to continue the private streets on the east side of Lake Frederick and
gate the community. Approval of the waiver would require the HOA to maintain the roads in perpetuity.
The Board of Supervisors approved the inclusion of a waiver option for the public street requirement within
R5 Zoned Communities on July 9, 2014. The waiver states:
Within any portion of a residential recreational community the Board of Supervisors may waive the
public street requirement and allow for the installation of private streets, provided that a program for
the perpetual maintenance of all streets is provided which is acceptable to the Board of Supervisors
and the Transportation Planner. All private streets shall meet the following VDOT standards:
i.All structural section design standards;
ii.Material composition and quality standards;
iii.Construction standards, techniques, and workmanship quality standards;
iv.Drainage and storm water management systems;
v.All the design, testing and materials, and in-place quality testing and as-built drawings for the
road system must be certified by the developer, the builder, and a registered professional
engineer in the State of Virginia, that the roads meet all of VDOT structural and quality
standards, and the plans are submitted to the Frederick County Engineer and the Frederick
County Planning Department.
The applicant has provided a letter stating that the HOA will be responsible for the maintenance of the
private streets in perpetuity and that a licensed professional engineer will oversee the construction. The
design plans for the road systems will need to meet the specified VDOT standards and will be verified by
staff and sealed by the applicant’s engineer. Details of the private road design are attached. The Planning
Commission recommended approval of the waiver request at their July 16, 2014 meeting.
STAFF CONCLUSIONS FOR THE 08/13/14 BOARD OF SUPERVISORS MEETING:
The Master Development Plan for Lake Frederick depicts appropriate land uses and appears to be consistent
with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. The MDP is in a
.
form that is administratively approvable,if the requested waiver is granted by the Board of Supervisors
All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning
Commission and the Board of Supervisors, should be appropriately addressed by the applicant.
It appears that the application meets all requirements. Following presentation of the application to the
Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is
prepared to proceed to approval of the application.
MDP #06-14Lake Frederick
August 4, 2014
Page 3
REVIEW EVALUATIONS:
Virginia Department of Transportation
: See attached comment.
Frederick County Fire Marshal
: Plan approved.
Frederick County Public Works:
No comment at this time.
Frederick County Inspections:
Future sections of the subdivision shall meet new stormwater
requirements as applicable at time of subdivision plan approval.
Frederick County Sanitation Authority:
Per your request, a review of the proposed master plan has
been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated
impact/effect upon the Authority’s public water and sanitary sewer system and the demands thereon.
The parcel is in the water and sanitary sewer area served by the Authority. Based on the location both
water service and sanitary sewer service is available. The changes contemplated do not vary
significantly to affect either the water or sanitary sewer systems. Sanitary sewer treatment capacity at
the waste water treatment plant should not be affected by this change. Monitoring of the flows into this
plant will need to be performed in order to determine when permit changes are in order. Presently the
plant is permitted for 250,000 gallons per day.
Water and sanitary sewers are to be constructed in accordance with the FCSA standard specifications.
Dedicated easements will be requiredand based on the final layout, vehicular access will need to be
incorporated into the final design. All easements should be free from an encumbrance including
permanent structures (fences, signs etc.) and landscaping (trees, shrubs, etc.).
Please be aware that the Authority does not review or comment upon proffers and/or conditions
proposed or submitted by the applicants in support ofor in conjunction with this application, nor does
the Authority assume or undertake any responsibility to review or comment upon any amended proffers
and/or conditions which the Applicant may hereafter provide to Frederick County.
Frederick County Public Schools:
Our school buses do not travel private roads. Any residents of the
new non-age restricted units in Phase 1B living on private roads would need to walk to the nearest bus
stop located on a public road.
Frederick County GIS:
Revised and three new street names are good.
Planning & Zoning:
A)Master Development Plan Requirement
A master development plan is required prior to development of this property. Before a master
development plan can be approved, it must be reviewed by the Planning Commission, Board of
Supervisors and all relevant review agencies. Approval may only be granted if the master
MDP #06-14Lake Frederick
August 4, 2014
Page 4
development plan conforms to all requirements of the Frederick County Zoning and Subdivision
Ordinances. The purpose of the master development plan is to promote orderly and planned
development of property within Frederick County that suits the characteristics of the land, is
harmonious with adjoining property and is in the best interest of the general public.
B)Site History
The properties comprising this project were rezoned from the A-2 (Agricultural) District to the
R-5 (Residential Recreational Community) District in October of 1975. A Master Development
Plan for a project titled “Wheatlands” containing a total of 1,463 dwelling units was approved by
the Frederick County Board of Supervisors on July 10, 1991. A Master Development Plan for
“Shenandoah” (revised Wheatlands) containing a total of 2,130 (2.3 units per acre) age restricted
dwelling units (attached, detached and apartments on private streets), was approved by the Board
of Supervisors on October 25, 2000 with conditions, (Board of Supervisors deemed conditions
satisfied on March 25, 2001) and the plan was administratively approved by staff on May 2,
2001. On December 5, 2007, staff approved an administrative revision to the Shenandoah
Master Development Plan for minor modifications to the interior road network. On August 22,
2013, staff administratively approved MDP #01-13 for revisionsto the Shenandoah
Development. The 2013 MDP revised the road layout of the project as well as the lot layout and
housing types proposed.
C)Site Suitability & Project Scope
Comprehensive Policy Plan:
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1-1]
Land Use Compatibility:
The parcels comprising this MDP application are not located within the County’s Urban
Development Area (UDA)or the Sewer and Water Service Area (SWSA); however the site has
existing R5 Zoning and is also shown with a Planned Unit Development designation in the
Comprehensive Plan (Route 277 Triangle andUrban Center Plan). The Shenandoah
Development is proposed to develop with a density of 2.3 units per acre, which is consistent with
the maximum R5 density permitted in the Zoning Ordinance.
The Shenandoah Development is served with public sewer by theCrooked Run Wastewater
Reclamation Facilitywhich was constructed by Oxbridge Development at Shenandoah to serve
the Shenandoah Development and turned overtothe Frederick County Sanitation Authority.The
Authority now owns and maintains the treatment plant. Public water is also provided to the
development by the Frederick County Sanitation Authority.
MDP #06-14Lake Frederick
August 4, 2014
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Site Access and Transportation:
The existing Shenandoah Development is accessed via a signalized (not yet turned on –flashing)
entrance on Route 522 south. The existing Route 522 access also serves as the primary entrance
to Lake Frederick which is owned by VDGIF. An additional full entrance for the development is
shown on Fairfax Pike (Route 277) and an emergency access is shown on Hudson Hollow Road
(Route 636).
The development can be seen as two sections, one east and one west of Lake Frederick. The
portion west of the lake is where the existing age restricted units are located and are completely
served by private roads. The MDP shows all development west of Lake Frederick to remain age
restricted and the private road network will be extended to serve those units. The portion of the
development east of Lake Frederick will primarily consist of traditional housing that will also be
served by private roads if the requested waiver is approved. If the waiver is not approved the
development east of Lake Frederick will be required to install public roads.
The Route 277 Triangle and Urban Center Plan (Appendix I), shows a new arterial road called
the South Frederick Parkwaywhich isplanned to run through the northern portion of this
property. Sheet 6 of the MDP shows how this future roadway could be accommodated on the
property.
Recreational Amenities:
The existing age restricted portion of the development located on the westernside of Lake
Frederick contains a constructed community center with a pool and bathhouse. The existing
community facilities will continue to serve the age restricted portion of the development. A new
community center with a pool, bathhouse and tennis court will be constructed on the eastern side
of Lake Frederick along with a tot lot at a separate location. In addition there will be a 10 foot
paved bike path continued along Rachel Carson Drive, four (4) foot lake access trails throughout
the development and three boat launch locations (with approval by VDGIF).
PLANNING COMMISSION SUMMARY OF THE 7/16/14 MEETING:
Waiver Discussion:
On July 16, 2014, the Planning Commission held a public meeting on this request to eliminate the public
street requirement to allow the Lake Frederick Development to be developed with a complete network
of private streets. A member of the Commission asked if access to the commercial area would be
through private streets. Staff pointed out the only commercial pod remaining is held under separate
ownership and was severed; the commercial pod has access via the existing Lake Frederick Drive,
constructed a number of years ago. No other issues were raised and there were no public comments.
The Planning Commission unanimously recommended approval of the waiver request. (Note:
Commissioner Mohn abstained from discussion and voting.)
-
MDP #06-14Lake Frederick
August 4, 2014
Page 6
MDP Discussion:
Some members of the Commission recalled a previous plan, back in 2002-2003, in which there was land
set aside for a fire station. Staff said a note to that affect was placed on an older MDP; however, it was
never a proffer and consequently, the note was removed with the 2013 plan. No other issues were
raised; no action was needed by the Commission. (Note: Commissioner Mohn abstained from
discussion of this item.)
STAFF CONCLUSIONS FOR THE 08/13/14 BOARD OF SUPERVISORS MEETING:
The Master Development Plan for Lake Frederick depicts appropriate land uses and appears to be
consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance.
if the requested waiver is granted by the
The MDP is in a form that is administratively approvable,
Board of Supervisors
.All of the issues identified by staff, review agencies, as well as those issues
brought forth by the Planning Commission and the Board of Supervisors, should be appropriately
addressed by the applicant.
It appears that the application meets all requirements. Following presentation of the application to
the Planning Commission and the Board of Supervisors, and the incorporation of your comments,
staff is prepared to proceed to approval of the application.
87 A 1287 A 85A
87 1 B
87 A
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15A
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Lake Frederick Rev #1
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PINs:
86 2 6
87 - A - 103, 87 - A - 103C, 86 2 8
86 2 5
87 A 10087 3 B
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86 2 7
87 A 101
87 A 88
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86 A 220
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87 A 90
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87 A 89
86 A 222
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87 A 95D
522
87 A 103
86 A 223
86 A 272
86 A
273B
86 A
272A
86 A
86 A 252
273C87 A 103
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87 A
103C
86 A 273
86 A
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272F
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86 A
86 A 1
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87 A
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86 A
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CLARKE
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3 62
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87B 1
VIRGINIA
3 33
87B 2
3 57
4 148
87B 1
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1 204
87B 2 1
87B 1
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88B
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87 A
180
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88C
1 193
103B
87 A 103
87B 1
87B 1
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2 1987B 1
2 24
1 228A
1 10
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87B 1
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87B 1
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86 A 266
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103A
93 A
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103C
93 A 79C
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87 A 103
79B
93 A 77
Applications
93 A 79
Parcels
87B 1
Building Footprints
1 B
94 A 1
87B 1 1 A
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
94A 1
B3 (Business, Industrial Transition District)
1 12
EM (Extractive Manufacturing District)
94A 1
WARREN
HE (Higher Education District)
1 6
94A
COUNTY
M1 (Industrial, Light District)
Note:
M2 (Industrial, General District)
Frederick County Dept of
MDP # 06 - 14
MH1 (Mobile Home Community District)
Planning & Development
I
Lake Frederick Rev #1
107 N Kent St
MS (Medical Support District)
Suite 202
OM (Office - Manufacturing Park)
PINs:
Winchester, VA 22601
87 - A - 103, 87 - A - 103C,
R4 (Residential Planned Community District)
540 - 665 - 5651
87 - A - 102
R5 (Residential Recreational Community District)
Map Created: June 9, 2014
Staff: cperkins
RA (Rural Area District)
RP (Residential Performance District)
09001,8003,600Feet
Adjoining Property Owners
MASTER DEVELOPMENT PLAN
adjoining property is any
property abutting the requested property on the side or rear or any property directly
across a public right-of-way, a private right-of-way, or a watercourse from the requested
property
The Commissioner of the Revenue is located on the 1st floor of the
Frederick County Administration Building, 107 North Kent Street.
Name and Property Identification NumberAddress
140BALDEAGLEDR.
SHENANDOAHHOMEOWNERSASSOCIATIONINC.
FRONTROYAL,VA22630
87B1231C
320VICTORYRD.
EUGENEFGROVE
WINCHESTER,VA22602
93A77
2553DULLESVIEWDR.SUITE400
MRECSHENANDOAHVALLCC/OLANSDOWNEDEVELOPMENTGROUPLLC
HERNDON,VA20171
87A103
4840WESTFIELDSBLVD.
SHENANDOAHHOMEOWNERSASSOCIATIONINC.
CHANTILLY,VA20151
87B21228A
4486FRONTROYALPIKE
JAMESQANDDARLENECHEADLEY
WHITEPOST,VA22663
87A105A
4488FRONTROYALPIKE
JAMESQANDMICHAELAHEADLEY
WHITEPOST,VA22663
87A105
4490FRONTROYALPIKE
KATHYAHEADLEY
WHITEPOST,VA22663
87A103A
8405GREENSBORODR.SUITE830
WHEATLANDSLLC
MCLEAN,VA22102
94A1
4010WBROADST.
COMMONWEALTHOFVIRGINIA-DEPTOFGAME&INLANDFISHERIES
87A103B
RICHMOND,VA23230