CPPC 09-13-04 Meeting AgendaCOUNTY of FREDERICK
of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Comprehensive Plans and Programs Subcommittee (CPPS)
FROM: Susan K. Eddy, AICP, Senior Planner SK E
RE: September Meeting and Agenda
DATE: September 7, 2004
The Frederick County Comprehensive Plans and Programs Subcommittee (CPPS) will be
meeting on Monday, September 13th 2004 at 7:00 p.m. in the first floor conference room of
the County Administration Building, 107 North Kent Street, Winchester, Virginia. The CPPS
will discuss the following agenda items:
AGENDA
1) Request for expansion of the Sewer and Water Service Area (SWSA) to include 35 acres
of land west of Front Royal Pike (Route 522), east of the Eastgate Industrial Park. The
request has been submitted by Charles E. Maddox, Jr., P.E. of Patton, Harris, Rust &
Associates on behalf of the owners of the subject properties.
2) Request for expansion of the Urban Development Area (UDA) to include 262.53 acres of
land known as the Solenberger/Bridgeforth property in the quadrant bound by Route 37,
Cedar Creek Grade (Route 622), Merriman's Lane (Route 621) and the City of
Winchester. The request has been submitted by Evan Wyatt of Greenway Engineering on
behalf of the owners of the subject properties.
3) Rural Areas Study. Further discussion of the Rural Areas Study
4) Other.
Please contact the department if you are unable to attend this meeting. Thank you.
Please note the earlier start time for this meeting.
1
107 North Kent Street • Winchester, Virginia 22601-5000
Access to the County Administration Building for night meetings that do not occur in the
Board Room will be limited to the back door of the four-story wing. I would encourage
committee members to park in the county parking lot located behind the new addition or in
the Joint Judicial Center parking lot and follow the sidewalks to the back door of the four-
story wing. The door will be locked; therefore, please wait for staff to open the door.
SKF,/bad
Attachments
ITEM #1
Request for Expansion of the Sewer and Water Service Area (SWSA)
Tasker Woods (Eastgate Commerce Center Area)
At a July 12, 2004 joint work session of the Board of Supervisors, Planning Commission and
Comprehensive Plans and Programs Subcommittee (CPPS), eleven Comprehensive Policy Plan
Amendment (CPPA) applications were reviewed. Of these eleven requests, two, including the
Tasker Woods property, were considered by the Board of Supervisors to merit further study and
formal action through the public hearing process. Please note with this application that the
Board of Supervisors has directed staff to study only the request for the extension of the SWSA
on the south side of Tasker Road.
Included with this agenda item is a request that a portion of the Tasker Woods site be included
within the Sewer and Water Service Areas (SWSA) (CPPA application #04-04). A copy of the
Comprehensive Policy Plan Amendment (CPPA) application, prepared by Charles E. Maddox
Jr., P.E. of Patton, Harris and Rust Associates on behalf of the owners of the subject properties,
is included with this agenda.
Mr. Maddox is requesting the expansion of the Sewer and Water Service Area (SWSA) to
incorporate approximately 35 acres. The 35 acres include four parcels. Two maps prepared by
staff depicting the area of the SWSA expansion request, the existing SWSA and Urban
Development Area (UDA), and current zoning relative to the proposed expansion area are
attached. An additional map depicting a more contiguous SWSA expansion map is also
attached.
Note on Maps
The applicant has identified a different SWSA boundary than staff. Staff was not able to find
any record of the SWSA boundary having been expanded to include the Home Depot
Distribution Center and the entire Eastgate Commerce Center. Ultimately, adoption of the
SWSA request would clarify the SWSA location.
Comprehensive Plan
The Comprehensive Policy Plan (CPP) in general encourages new business in the vicinity of
limited access interchanges, existing business and industrial areas, and the airport (CPP 6-11, 6-
12 & 6-71). The proposed expansion area is not subject to any small area land use plans in the
Comprehensive Policy Plan. The site is within the general circle identifying the Armel rural
community center. The Comprehensive Policy Plan says to treat the Armel rural community
center similarly to the surrounding areas (CPP 6-45 & 6-75). The site is surrounded by land
zoned M1 (Light Industrial District) and RA (Rural Areas District) and near to land zoned B2
(Business General District) and B3 (Industrial Transition District). Surrounding uses include a
distribution center, farms and residences.
A more logical extension of the SWSA would be to include the sites that are already zoned M1
(Light Industrial District), B2 (Business General District) and B3 (Industrial Transition District)
3
sites and are adjacent to the SWSA (see map depicting Tasker Woods SWSA Expansion
Alternative). These areas are planned for industrial and business uses in the Eastern Frederick
County Long Range Land Use Plan of the Comprehensive Policy Plan.
The applicant states in his application that he would be seeking a rezoning to business use for
these properties. Expansion of the SWSA would effectively plan the area for business uses. It
would not be a commitment to provide sewer and water lines to suburban residential uses. The
Comprehensive Policy Plan (6-5) states that new suburban residential development served by
sewer and water will be located in the UDA.
A recommendation regarding this request is appropriate. Staff is available to respond to your
inquiries.
4
COMPREHENSIVE
POLICY
PLAN AMENDMENT
APPLICATION PACKAGE
TASKER WOODS
FREDERICK COUNTY, VIRGINIA
Department of Planning and Development
107 North Kent Street
Winchester, Virginia 22601
PHONE: (540) 665-565 _FAX: (540) 665-6395
Website: www.co.frederick.va.us/PIanningAndDevelopment/PlanningAndDev htm
(REVISED 02/25/04)
COMPREHENSIVE POLICY PLAN AMENDMENTS
February 25, 2004
Dear Applicant:
Each year, the Frederick County Board of Supervisors reviews requests for amendments to the
Comprehensive Plan and initiates those proposed amendments that they feel merit consideration.
Applications for Comprehensive Plan amendment consideration in 2004 must be received in the Planning
Department no later than close of business on June 1, 2004. A copy of the application form is attached.
Please read the entire application, including the Attachment, and respond in full to those questions that
pertain to the particular map or text amendment you are requesting. Incomplete applications shall not be
considered. CPPA applications will not be accepted after this date.
If you have any questions, please contact the Planning Department at (540) 665-5651.
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 or Authorized Agent Information:
1. Name: PHR+A c/o Chuck Maddox
2. Project Name: Tasker Woods
Mailing Address: 117 E. Piccadilly Street
Winchester VA 22601
4. Telephone Number: 540-667-2139
B. Legal interest in the property affected or reason for the request:
I
The UDA adiacent to this site is built out and established uses surrounding this site
are primarily_residential
C. Proposed Comprehensive Policy Plan amendment — please provide the following
information.
1. For a map amendment:
Note: this application is for the Tasker Woods parcels only, however, the applicant
suggests the consideration of UDA changes include properties with boundaries to Route
522 as shown on attached exhibits.
a. GPIN(s): 76-A-49, 76 -A -48A 87-A-31 34 34A 34B 65 36 37
b. Parcel size (approximate acres): 133
c. Plat of area proposed for CPPA amendment, including metes and bounds description.
d. Existing Comprehensive Plan land use classification(s): rural areas
e. Proposed Comprehensive Plan land use classification(s):
Urban Development & SWSA Area 165 acres SWSA areas 45 acres
f. Existing zoning and land use of the subject parcel: See attached
g. What use/zoning will be requested it amendment is approved?
Mixed uses — single family detached, single family attached and commercial
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 is 21-100 acres in size; or
• 1 mile if more than 100 acres in size.
i. The name, mailing address, and parcel number of all property owners within 200 ft. of
the subject parcel(s). see attached
2. For a text amendment:
Not applicable
a. Purpose and intent of amendment.
b. Cite Plan chapter, goal, policy and/or action text that is proposed to be amended.
c. Proposed new or revised text.
(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.
e. Demonstrate how the proposal is internally consistent with other Comprehensive
Policy Plan components that are not the subject of the amendment.
f. What level of service impacts, if any, are associated with the request?
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
if being proposed.
The UDA in adjacent portions southeast development area is fully developed. This is a
logical comprehensive plan expansion which increases housing stock in UDA and
provides needed expansion of business zoning for economic development in Frederick
b. How would the resultant changes impact or benefit Frederick County relative to:
(See attached)
1. Community Design
2. Cultural Resources
Economic Development
4. Environment
5. Fire and Rescue
6. Housing
7. Land Use
8. Libraries
9. Parks and open Space
10. Potable Water
11. Schools
12. Sewer
13. Telecommunications
14. Transportation
A. 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 Power of Attorney Affidavit
2. Application Review Fee of $2,000 (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
Tasker Woods
Property Owner Designation
(within % mile radius of property)
Tax ID #
Name
Address
Zoning
Use
76 -A -31A
Macedonia Cemetery Assoc.
1941 Macedonia Church Road, White Post, VA 22663
RA
Religious
76-A-32
Macedonia Cemetery Assoc.
1941 Macedonia Church Road, White Post, VA 22663
RA
Religious
76-A-86
George E. Bagley
2000 Macedonia Church Road, White Post, VA 22663
RA
Residential
76-A-85
Lane M. Reed
2456 Front Royal Pike, Winchester, VA 22602
RA
Residential
76 -A -49D
Isabelle Kastak
2490 Front Royal Pike, Winchester, VA 22602
RA
Residential
76-A-84
Harry E & Phyliss J. Saville
2492 Front Royal Pike, Winchester, VA 22602
-RA
Residential
76 -A -49B
Minnie Mae Butler
2584 Front Royal Pike, Winchester, VA 22602
RA
Residential
76 -A -49C
Roger L. & Joan F. Strosnider
2606 Front Royal Pike, Winchester, VA 22602
RA
Residential
76 -A -49A
David S. & Pamela B. Lehr
2678 Front Royal Pike, -Winchester, VA 22602
RA
Residential
76-A-51 C_
Clifton R. Strosnider
173 Armel Road, Winchester, VA 22602
RA
Residential
76-A-48
Betty J. Tinsman
1804 Macedonia Church Road, White Post, VA 22663
RA
Residential
76 -A -47B
William & Loretta Heflin
113 Tadpole Lane, White Post, VA 22663
RA
Residential
76-A-36
Richard & Catherine Palmer
1789 Macedonia Church Road, White Post, VA 22663
RA
Residential
76-A-35
Wayne E. Wilkins
1847 Macedonia Church Road, White post, VA 22663
RA
Residential
76-A-34
Gary E. Whitacre
1861 Macedonia Church Road, White Post, VA 22663
RA
Residential
76-5-55
Glen M. & Hattie P. Borrer
1873 Macedonia Church Road, White Post, VA 22663
RA
Residential
76-5-59
Elizabeth Properties, LC
P.O. Box 480, Stephens City, VA 22655
RA
Residential
76-5-61
Elizabeth Properties, LC
P.O. Box 480, Stephens City, VA 22655
RA
Residential
76-5-62
Elizabeth Properties, LC
P.O. Box 480, Stephens City, VA 22655
RA
Residential
Comprehensive Plan Amendment
Tasker Woods Addendum
Page 1 of 2
Addendum
3b. How would the resultant changes impactor benefit Frederick County relative to:
1. Community Design — The community desip_n as shown on the attached exhibit is
an extension of existing urban development area which has "built out to the north
and east of this site. Canter Estates is near complete and the residential portion of
the Tasker Woods project is adjacent to and connected with the Canter Estates
project. The project will offer improvement of the roadway systems, open space
and neighborhood recreational facilities. The sewer and water service area change
to the south is a logical extension to the business and industrial zoning district.
The new roadway constructed as a part of the Home Depot distribution project
has provided access to this property.
2. Cultural Resources — There are no known impacts on cultural resources as a result
of this project. The residential contingent next to business office and business
retail uses at Eastgate will provide for good neighborhood design with an
interconnectivity by pedestrian systems.
3. Economic Development — The 43.01 acres of proposed rezoning to business use
will provide economic development advantages to Frederick County.
4. Environment — The environmental impacts created by this project are primarily
along the stream channel which passes through the residential portion of the site.
This channel will be disturbed in very minor ways having to do principally with
utilities and pathways. There are no other significant environmental impacts
identified as a result of this project.
5. Fire and Rescue — There will be impacts on fire and rescue services and a proposed
mitigation of these impacts will be by proffer in accordance with the Frederick
County Impact Model.
6. Housing — This project expands the housing stock and inventory in Frederick
County within the urban development area which helps implement the
comprehensive plan. The proximity of housing to business, churches and schools
provides excellent quality of life conditions for this expansion.
7. Land Use — The geologic and topographic conditions are ideal for the proposed
uses and do not result in the elimination of bona fide agricultural uses in exchange.
The business and residential mix provides a balance which is considered to be in
keeping with the comprehensive plan.
8. Libraries — A proffer will be extended to help fund libraries in accordance with the
Frederick County Impact Model.
9. Parks and Open Space — Open space will be provided within the development as
well as active recreational uses i.e. soccer fields. In addition, proffers will be
extended to help fund County parks and recreation development.
Comprehensive Plan Amendment
Tasker Woods Addendum
Page 2 of 2
10. Potable Water — Potable water lines owned and operated by the Frederick County
Sanitation Authority extend through the site at this time. Site pressures and water
availability are considered adequate for the proposed uses.
11. Schools — The location of this site is proximate to schools provided by the
Frederick County School Board. Armel Elementary and the new middle school are
to the north on Route 522 and Sherando High School is located with easy access
from Tasker and Warrior Drives. Additionally a school proffer will be extended as
a part of the rezoning in accordance with the County's fiscal impact model.
12. Sewer — Sewer services exists in the Eastgate Industrial Park (a new sewage lift
station will be provided which will service all the residential contingent for this
project). Individual B-3 uses will have sewer pumps that will pump to the existing
Eastgate sewer collection system. Sewer access is considered acceptable and
manageable for the proposed UDA and SWSA extensions.
13. Telecommunications — Telecommunication systems are available in the Eastgate
Industrial Park and in Canter Estates adjacent to the site. There are no known
adverse impacts as a result of this project on telecommunications.
14. Transportation — The proposed expanded UDA and SWSA areas have excellent
road transportation capacity with principle access to an improved Macedonia
Church Road, U.S. route 522 and Tasker Road. The proposed business uses will
have very satisfactory access to U.S. Route 522 by the new roadway constructed as
a result of the Home Depot warehouse construction. Transportation systems
created by these expanded uses will be acceptable and manageable for Frederick
County.
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EXISTING UDA
UDA EXPAND
EXISTING SWSA
SWSA EXPAND
PROPOSED EXPANSI❑N
PARCELS
rAs�ER W000s gilbert w. clifford & associates
lit: � a dnnsron of
oPROPOSED EXPANSION AREAS Patton, Harris, Rust & Associates, pc
O 117 E Piicadll 5L Winchester, Virginia 22601
FREDERICK COUNY, WRGIN14 1OE: (510) 667-2139 FAX: (540) 665-0493
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gilbert w. ciifford & associates
a division of
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VOICE: (540) 667-2139 FAX: (540) 665-0493
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FREDERICK COUPITY, :ORC/M VOICE (540) 667-2139 FAX: (544) 665-0493
Figure
g.w. Clifford & assoc.
STATE OF VIRGINIA
COUNTY OF FRE 3MCK
This 20th
(nay)
540-665-0493 p.2
(TU BE COMPLETED By ArrLICAN"1)
S[JBJECT PROPERTY OWNERS AFF AVIT
County of Frederick, Virginia
Frederick Planning Web Site WWW.eo.rreder;ckc_va.ns
day of Mav _2004 .;
(Month) (Year)
Allan Hudson, Managing -Member, RealTech, LLC
(Owner/Cont-ad 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 Co=iissioncr of
the Revenue Office as taken from the current real estate assessment records.
COMMONWEALTH OF VIRGI
Subscribed and sworn to
County and State aforesai
My Commission expires:
",� �� "X
(Uwn ntraet Pwchaira/Authorized Agent)
(circle one)
3
� my
...-. -v UT UJ: oup
g.w. ctifford & assoc. 540-665-0493 p.2
STATE OF VIRGINIA
COUNTY OF FREDERICK
(TU BE COMPLETED BY ArrmcAi Nm
SUBSECT PROPFRTX OWNERS A-FMAV—T
County of Frederick, Virginia
Frederick Planning Web Sity wwwco rrederidLva.ns
day of May -- ?nn
(Month) (Year)
(Owner/Contract Purchaser/Authorized Agent)
hereby make oath that the list of property owners of the subjcd site, as submitted with the application,
is a true and accurate fist based on the information provided by the Frederick County Co= issioncr of
the Revenue Office as taken from the current real estite assessment records.
Sub=ib�td and sworn to before me thin day of 0/ in my
County and State aforesaid, by the aforenamed Principal-
, V�'�4
&KdARY PUBLI
lmy Commission vVires: �� /
nam cU u•r ue:abp c.w. ciitt-ord & assoc. 540-665-0493 p.2
STATE OF VIRGINIA
COUNTY OF FREDMCK
(To BE COMPLETED BY APPLICANT)
SUBJY(:T PROPERTYO WNERS AF> AVIT
County of Frederick, Virginia
Frederick Planning Web Site: www cu trgderick.vn.ns
This d d--9 day of A�\ 77-W4
(Day) (Month) (Year)
L
�'6AS (1 LY
In
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 Comnussioner of
the Revenue Office as taken from the current real estate assessment records.
(Ciwner/ rrtraa Pur ci/Authorized Agent)
(circle one)
COMMONWEALTH OF VIRGINIA:..
4(y of 2ZZ /11 �-
Subscribed and sworn to before me this- C5NJ day of in my
County and State aforesaid, by the aforenamed Principal.
PUB IC
My Commission expires:
SPECIAL POWER OF ATTORNEY
�r
S'�UF
I, 944OWN G. RITTER and I, MARY M. RITTER, residing at 3022 Front Royal Pike,
Winchester, Virginia 22602, have made and constituted ALLAN B. HUDSON, of the County of
Fairfax, Virginia, my true and lawful attorney-in-fact (hereinafter referred to as "my attorney"),
who is hereby authorized for me and in my name to do the following specific acts:
1. To act for and in my behalf with respect to all applications relating to the property
herein described, including Rezoning, Proffers, Conditional Use Permits, Master Development
Plans (Preliminary and Final), Subdivisions, and Site Plans for the real property containing 4.7±
acres, known as Tax Map parcel 87-A-34, County of Frederick, Virginia, to -wit:
All of that certain tract or parcel of land containing 4.7 acres, more or less, lying
in the Opequon District of Frederick County, Virginia, and being the same land
that was conveyed to Steven G. Ritter and Mary M. Ritter by deed recorded in the
Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book
501 at Page 255.
2. To execute, acknowledge, and deliver any contract, or any other document, that
may, in the opinion of my attorney, be necessary or desirable in connection with the above;
3. To perform any other acts or execute any other documents that are necessary or,
in the opinion of my attorney, ought to be done in connection with the above;
4. This Special Power of Attorney is limited to the property described in Paragraph
1, and does not give my attorney authority to act on my behalf for any purpose not related to the
above described property.
5. I hereby confirm all lawful actions that may be taken by my attorney pursuant to
this Special Power of Attorney. An affidavit executed by my attorney, setting forth that at the
time of doing any act pursuant to this Special Power of Attorney, he did not have actual
knowledge or had not received notice of the revocation or termination of this Special Power of
Attorney by death, disability or otherwise, or had not received notice of any facts indicating
same, shall, in the absence of fraud, be conclusive proof of the non -revocation or non -
termination of this Special Power of Attorney at such time. I further declare that, as against me
or persons claiming under me, everything that my attorney shall do pursuant to this Special
Power of Attorney shall be valid and binding in favor of any person or entity claiming the benefit
hereof who has not received written notice that this Special Power of Attorney has been revoked.
This Special Power of Attorney shall terminate one year from the date below, but may,
upon my written consent, be extended for an additional year for purposes of development.
This instrument is executed in more than one counterpart, any one of which shall, for all
purposes, be deemed an original.
WITNESS my signature and seal this day of , 2004.
S G. Ritter
Mary M. tter
STATE OF Vi r�t1ui
CITY/COUNTY 4¢ ri('ly , to -wit:
The foregoing instrument was sworn to and subscribed before me by SeueirG. Ritter this
�5 day of _t° n I , 2004.
My commission expires - �I-0
2
Public
!
STATE OF
CITY/COUNTY O :rQ goCL , to -wit:
I The foregoing instrument was sworn to and subscribed before me by Mary M. Ritter this
day of �4 ri 2004.
�1 sN M.
Notary Public
OONN%c:..-
My commission expires -I o
SPECIAL POWER OF ATTORNEY
I, JULIA LESKO BISHOP, residing at 114 Orchard Drive, Midwest City, Oklahoma,
73110, have made and constituted ALLAN B. HUDSON, of the County of Fairfax, Virginia, my
true and lawful attorney-in-fact (hereinafter referred to as "my attorney"),. who is hereby
authorized for me and in my name to do the following specific acts:
1. To act for and in my behalf with respect to all applications relating to the property
herein described, including Rezoning, Proffers, Conditional Use Permits, Master Development
Plans (Preliminary and Final), Subdivisions, and Site Plans for the real property known as Tax
Map parcels 87-A-31 and 87-A-32, located in the County of Frederick, Virginia, to -wit:
(1) All of that certain tract or parcel of land containing 14 acres, more or less,
lying and being situate about 8 miles South of Winchester, new Armel, in the
Opequon District of Frederick County, Virginia, and being the same land that was
conveyed to John S. Coe, et ux, by William D. Spicer, et ux, by deed dated April
10, 1948, of record in the Clerk's Office of the Circuit Court of Frederick County,
Virginia in Deed Book 204, at Page 584, said deed including by specific reference
a 10 -foot right of way leading to the Front Royal Pike (U.S. Route 522).
(2) All of that certain tract or parcel of land containing 9 acres, more or less,
lying and being situate along the Northwestern side of Wright's Run, near Armel,
in the Opequon District of Frederick County, Virginia, and being the same land
that was conveyed to John S. Coe, et ux, by Stuart M. Perry, et al, by deed dated
January 15, 1949, of record in said Clerk's Office in Deed Book 208, at Page 304.
Said parcels being the same land conveyed by deed of John S. Coe, et ux, to
Michael Lesko and Helen R. Lesko, his wife, with common law right of
survivorship, dated June 3, 1957, and recorded in said Clerk's Office in Deed
Book 247, at Page 76.
2. To execute, acknowledge, and deliver any contract, or any other document, that
may, in the opinion of my attorney, be necessary or desirable in connection with the above;
3. To perform any other acts or execute any other documents that are necessary or,
in the opinion of my attorney, ought to be done in connection with the above;
4. This Special Power of Attorney is limited to the property described in Paragraph
1, and does not give my attorney authority to act on my behalf for any purpose not related to the
above described property.
5. I hereby confirm all lawful actions that may be taken by my attorney pursuant to
this Special Power of Attorney. An affidavit executed by my attorney, setting forth that at the
time of doing any act pursuant to this Special Power of Attorney, he did not have actual
knowledge or had not received notice of the revocation or termination of this Special Power of
Attorney by death, disability or otherwise, or had not received notice of any facts indicating
same, shall, in the absence of fraud, be conclusive proof of the non -revocation or non -
termination of this Special Power of Attorney at such time. I further declare that, as against me
or persons claiming under me, everything that my attorney shall do pursuant to this Special
Power of Attorney shall be valid) and binding in favor of any person or entity claiming the benefit
hereof who has not received written notice that this Special Power of Attorney has been revoked.
This Special Power of Attorney shall terminate one year from the date below, but may,
upon my written consent, be extended for an additional year for purposes of development.
This instrument is executed in more than one counterpart, any one of which shall, for all
purposes, be deemed an original.
WITNESS my signature and seal this / 3 day o - L_' 2004.
2
STATE OF Oki Q It c
CITY/COUNTY OF
I _(Yla A to -wit:
The foregoing instrument was swom to and subscribed before me by JULIA LESKO
BISHOP this day of 2004.
Notar ubli
I P.6",-
My commission expires ful' molm":'Y,�
Dalm ; M - -
INAND
FOR
ITEM #2
Request for Expansion of the Urban Development Area (UDA)
SolenbergerBridgeforth Property
At a July 12, 2004 joint work session of the Board of Supervisors, Planning Commission and
Comprehensive Plans and Programs Subcommittee (CPPS), eleven Comprehensive Policy Plan
Amendment (CPPA) applications were reviewed. Of these eleven requests, two, including the
Solenberger/Bridgeforth property, were considered by the Board of Supervisors to merit further
study and formal action through the public hearing process.
Included with this agenda item is a request that the Solenberger/Bridgeforth property be included
within the Urban Development Area (UDA) (CPPA application #08-04). A copy of the
Comprehensive Policy Plan Amendment (CPPA) application, prepared by Evan Wyatt of
Greenway Engineering on behalf of the owners of the subject properties, is included with this
agenda.
Mr. Wyatt is requesting the expansion of the Urban Development Area (UDA) to incorporate
262.53 acres of land. The property includes five parcels. A map prepared by staff depicting the
area of the UDA expansion request, the existing UDA boundary, and current zoning relative to
the proposed expansion area is attached.
Agricultural and Forestal District
183 acres of this site was previously included within the South Frederick Agricultural and
Forestal District. This designation was removed by the Board of Supervisors on May 26, 2004.
A portion of the South Frederick Agricultural and Forestal District is located south of the subject
property.
Surrounding Uses
The proposed expansion area is surrounded by open land and a residence to the north, high
density residential development in the City of Winchester to the east, agricultural land,
residences, a church and a veterinary clinic to the south, and open land and low density
residential development across Route 37 to the west.
Comprehensive Plan
The proposed expansion area is not subject to any small area land use plans in the
Comprehensive Policy Plan. The site is immediately south and west of the land included in the
Western Jubal Early Land Use Plan (WJELUP), which was adopted by the Board of Supervisors
in February, 2004. A copy of that plan is included with this agenda.
The Western Jubal Early Land Use Plan calls for residential use and mixed use (residential and
commercial). The new residential development within the WJELUP is expected to consist
primarily of single family detached and single family small lot units. The mixed use
5
development will be located along the planned route of the Jubal Early Drive extension. The
Jubal Early Drive extension to a new interchange with the Route 37 western by-pass is the
principle transportation component of the WJELUP. Also included in the WJELUP is a major
collector road to facilitate traffic movement in a north -south direction to provide a connection
between Jubal Early Drive and Cedar Creek Grade (Route 622).
With the Solenberger/Bridgeforth UDA expansion, the applicant is proposing suburban
residential land use and service commercial and office development, primarily along Cedar
Creek Grade (Route 622) near the Route 37 interchange. The applicant has indicated that he
would be seeking RP (Residential Performance District) and B2 (Business General District)
zoning for this property.
Cedar Creek Grade (Route 622) is a major collector road. The Winchester Area Transportation
Study (WATS) recommends that Cedar Creek Grade be widened to four lanes from Merriman's
Lane (Route 621) to the Winchester City line and that improvements be made to the Route 37
interchange. Cedar Creek Grade is also identified on the Frederick County Bicycle Plan.
The residential development on this site and the sites to the north already covered by the
WJELUP will generate an unprecedented demand for school places in this area of the County.
Orchard View Elementary, which covers this area, is already near capacity. The applicant
should strongly consider designating a site for an elementary school to effectively deal with this
impact.
Should this UDA expansion be endorsed, amendments to the Western Jubal Early Land Use Plan
to cover this area would be logical, and it would be appropriate to forward a land use plan with
this UDA expansion request.
A recommendation regarding this request is appropriate. Staff is available to respond to your
inquiries.
6
Solenberger / Bridgeforth - UDA Expansion Request
UDA
EXPANSION
REQUEST
Roads
if / /
Primary Roads
I
Secondary Roads
Terciary Roads
Sewer & Water Service Area
3 !, �•i `�/ ���—�,
�%
• Urban Development Area
•' 622 ,�..
Parcels
City/Town Bounday
Zoning
B1 (Business, Neighborhood District)
i r t
B2 (Business, General District)\\
63 (Business, Industrial Transition District)
(Z.
EM (Extractive Manufacturing District)
HE (Higher Education District)
i
M1 (Industrial, Light District)
M2 (Industrial, General District)
40 MH1 (Mobile Home Community District)
MS (Medical Support District)
�./
R4 (Residential Planned Community District)
I
R5 (Residential Recreational Community District)
O RA (Rural Areas District) N
r
a ♦ +.
RP (Residential Performance District)w e
0 0.125 0.25 ' 0.5
Solenberger/Bridgeforth Request s
_
I Miles _ ..
��1
SOLENBERGER/BRIDGEFORTH
COMPREHENSIVEW POLICY PLAN
AMENDMENT APPLICATION
Shawnee Magisterial District
Frederick County, Virginia
TM 63-((A))-1, 63-((A))-lA, 63-((A))-lE, 63 -((A)) -2D, & 63 -((A)) -2L
262.53 Acres
June 1, 2004
Current Owners: TRUSTEES OF THE JOHN T. SOLENBERGER TRUST
JEFFREY R. & GAYLE SOLENBERGER
RUTH D. BRYDGEFORTH
WILLIAM E. III & LISA W. BRIDGEFORTH
Contact Person: Evan A. Wyatt, AICD
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
moi►_ GREENWAY. ENGi1NEERING
151 Windy Hill Lane
Founded in 1871
Winchester, Virginia 22602
Telephone 540-662-4185
Engineers
FAX 540-722-9528
Surveyor
www.greenwayeng.com
Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA
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 or Authorized Agent Information:
1. Name: Trustees of the John T. Solenberger Trust, Owners
Jeffrey R. and Gayle Solenberger, Owners
Ruth D. Bridgeforth, Owner
William E. III and Lisa W. Bridgeforth Owners
Greenway Engineering, Authorized Agent
2. Project Name: Solenber er/Brid eg forth
3. Mailing Address: Greenway En ineering
151 Windy Hill Lane
Winchester, Virginia 22602
4. Telephone: 540-662-4185
B. Legal interest in the property affected or reason for the request:
The property owners requests the Comprehensive Policy Plan be amended so as to include the
subject property in the Urban Development Area (UDA).
C. Proposed Comprehensive Policy Plan amendment — please provide the following
information.
1. For a map amendment:
a. GPIN(s):
63 -((A)) -I, 63 -((A)) -IA, 63 -((A)) -IE,
63 -((A)) -2D, 63-((A)
b. Parcel size (approximate acres): 262.53 acres aggre agate
c. Plat of area proposed for CPPA amendment, including metes and bounds description.
See Attachments 2 and 3 for depiction of subject
parcels with metes and bounds noted.
File #3237S/EAW
Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA
d. Existing Comprehensive Plan land use classification(s): Rural area
e. Proposed Comprehensive Plan land use classification(s): Suburban Residential & Mixed Use
f. Existing zoning and land use of the subject parcel: RA, Rural Area District
Residential Agricultural & Orchard
g. What use/zoning will be requested if amendment is approved?
RP Residential Performance District
B2 Business General 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 that
are within:
'/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size;
Yz mile if 21-100 acres in size; or
1 mile if more than 100 acres in size.
The aggregate area of the subject property is approximately 262.53 acres, therefore the study
area includes properties within a one -mile (5,280 foot) radius. Reference Attachment 2
Adjoining Property Map Solenberger/Bridge orth.
The zoning of the subject property is RA Rural Areas District.
The name, mailing address, and parcel number of all property owners within 200 feet of
the subject parcel(s). Reference Attachment 1 Owners of Properties within 200 feet.
1 2. For a text amendment: I
a. Purpose and intent of amendment.
N/A
b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended.
N/A
File #3237S/EAW 2
Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA
C. Proposed new or revised text.
(Please attach and specify text changes with additions underlined and deletions
crossed through.)
N/A
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.
N/A
Demonstrate how the proposal is internally consistent with other Comprehensive Policy
Plan components that are not the subject of the amendment.
N/A
f What level of service impacts, if any, are associated with the request?
N/A
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 proposed.
The property owners request the Comprehensive Policy Plan be amended to include the subject
property in the Urban Development Area (UDA). The subject properties are located in the
quadrant that is bound by Route 37 Cedar Creek Grade (Route 622) Merriman's Lane (Route
621) and the City of Winchester. The Frederick County Board of Supervisors recently expanded
the UDA to include the White and Marshal properties within this quadrant which are located
immediately north and east of the subject properties. The White and Marshal properties were
included in the Western Jubal Early Drive Land Use Plan which proposes suburban residential
land use with mixed land use to include residential and service commercial components The
Solenberger and Bridegeforth parcels will complete the Western Jubal Early Land Use Plan for
this quadrant through the continuance of suburban residential land use with service commercial
and office primarily along Cedar Creek Grade (Route 622) near the Route 37 interchange
The Frederick County Board of Supervisors removed tax parcel 63-((A))-1 consisting of 183
acres from the South Frederick Agric ltuial and Forestal District. on Muk 26 2004 The Board
of Supervisors determined that removal of this parcel was appropriate due to the land planning
activities that have occurred in this geographic area of the County. Furthermore removal of this
property from the South Frederick Agricultural and Forestal District will allow for the
File 43237S/EAW
Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA
implementation of a north -to -south major collector road to be developed which will connect
Jubal Early Drive to Cedar Creek Grade Removal of this parcel from the South Frederick
Agricultural and Forestal District was an important policy decision to ensure that the
transportation elements of the Western Jubal Early Drive Land Use Plan could be achieved.
How would the resultant changes impact or benefit Frederick County relative to:
1. Community Design
The inclusion of the Solenberger and Bridgeforth parcels will allow for the expansion of the
Western Jubal Early Drive Land Use Plan to include the entire quadrant that is bound by Route
37 Cedar Creek Grade (Route 622) Merriman's Lane (Route 621) and the City of Winchester.
This expansion will allow for the comprehensive planning of land use patterns transportation
networks and infrastructure for this geographic area of the County. Therefore inclusion of the
subject properties will benefit the County in community design planning efforts.
2. Cultural Resources
The Frederick County Rural Landmarks Survey identifies the Stuart Brown House (34-1239) as
a potentially significant Rropeily. This house is located on the 183 -acre Solenberger parcel
identified as tax parcel 63-((A))-1 The Stuart Brown House has been utilized as a residential
rental structure for several years It is anticipated that this structure will be inventoried to allow
for historic documentation and will be removed once the property is developed for residential
and commercial land use.
3. Economic Development
Inclusion of the subject property in the UDA and its subsequent development will contribute to
County economic development through increased tax revenues and employment opportunities.
Much of the subject real estate is currently taxed at an undeveloped/agricultural land rate.
Inclusion in the UDA is requested in order to subsequently have the 262.53 -acre site rezoned for
up -scale suburban residential and limited commercial uses. The new homes and the families
living in them will generate real estate and personal property taxes. Commercial development
will provide employment while contributing various commercial tax revenues. Other fiscal
impacts of development will be mitigated through monetary proffers received during the
conditional zoning process.
File #3237S/EAW
Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA
4. Environment
The subject properties have been utilized primarily for agricultural purposes over time The
Solenberger parcels are still actively utilized for agricultural land use while the Bridgeforth
parcels have been utilized for residential purposes since the 1980's The subject properties do
not contain environmentally sensitive areas less one wetland area that is identified on the
Solenberger property.
The introduction of public water and sanitary sewer, as opposed to individual wells and on-site
septic disposal will improve the environment. Furthermore development of the property will
allow for controlled stormwater management design and the implementation of best mana eg ment
practices to improve stormwater volume and quality. The application of agricultural chemicals
and fertilizers will be eliminated when the property is developed
5. Fire and Rescue
The construction of Jubal Early Drive with a future interchange at Route 37 along with the
development of a north to south major collector road connecting Cedar Creek Grade to Jubal
Early Drive will allow for improved emergency response times and will enhance access to the
Winchester Medical Center located just to the north of the subject properties Capital facilities
costs associated with the development of the subject properties will be mitigated through the
provision of monetary proffers that will be received during the conditional zoning process
6. Housing
The development of the subject properties will allow for housing to be developed within the
UDA, thus implementing the housing goals for suburban residential development specified in the
Comprehensive Policy Plan. The County continues to work on policies that direct controlled
housing growth within the UDA to reduce governmental service costs and protect the rural areas
of the community from sprawl. Expansion of the UDA to include the Solenberger and
Bridgeforth properties will allow for the continuation of housing development trends to occur in
the correct geographic area of the County.
7. Land Use
The development of the Solenberger and Bridgeforth properties will allow for land use patterns
that are consistent with the recently adopted Western Jubal Early Land Use Plan The provision
of suburban residential land use and mixed land use to provide for service commercial and office
development opportunities is appropriate for this geographic area of the community. The
development of the subject properties will be consistent with the land use patterns that have
occurred along Jubal Early Drive and Cedar Creek Grade in the City of Winchester.
File #3237S/EAW
Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA
8. Libraries
The development of the Solenberger and Bridgeforth properties will create an increased demand
for public library services Advancements in internet technologies allow for individual
households and businesses to obtain information and conduct research without utilizingh•brary
services; however, the library system continues to expand its service base as the community
grows Capital facilities costs associated with the library system are accounted for in the
County's Fiscal Impact Model; therefore development of the subject roperties will be mitigated
through the provision of monetary proffers that will be received during the conditional zoning
process.
9. Parks and Open Space
It is envisioned that the Solenberger and Brid efg_orth properties will be developed with active
recreational amenities and pedestrian and bicycle facilities to allow for on-site recreational
opportunities for the end users Inclusion of active recreational amenities will reduce the impacts
to the County's regional park system. Furthermore the development of the subject properties
will provide for a monetary proffer for each household that will provide for the fair share cost of
capital facilities for the regional� parksystem.
10. Potable Water
The development of the subject properties will be accomplished through the extension of the
public water system to ensure that potable water is available for all land uses. The Frederick
County Sanitation Authority is the water service provider for this geographic area of the County
unless their Board grants the authority for service to the City of Winchester Public Utilities.
Recent conversations with the FCSA Board indicate that their long-range plans call for a 24 -inch
water line to loop Route 37 adjacent to the subject properties. Furthermore, public water lines
are already in place adjacent to the subject properties in the City of Winchester. On-site water
lines laterals and meters will be paid for by the site developer and tap fees will be generated by
the water service provider to allow for investments in upgrades and expansions to the overall
water system servicing the community.
11. Schools
The development of the Solenberger and Brid efg_orth
properties will increase the demand for
public school services. The development of the
subjects properties
to include
service
commercial and office land uses will generate tax
revenues for the
non -school
children
components that will off set some of the residential impacts.
Furthermore,
the County's
Fiscal
Impact Model will be applied to all residential land
uses to determine
the capital
facilities
impacts that are not covered by the revenues received from real estate
taxes and
personal
File #3237S/EAW
Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA
property taxes. The development of the subject properties will be further mitigated through the
provision of monetary proffers that will be received during the conditional zoning process
12. Sewer
The development of the subject properties will be accomplished through the extension of the
public sewer system to ensure that public sewer is available for all land uses The Frederick
County Sanitation Authority is the sewer service provider for this geographic area of the County
unless their Board grants the authority for service to the City of Winchester Public Utilities.
Recent conversations with the FCSA Board indicate that their staff will conduct a feasibility
study to determine if sewer infrastructure can be extended from the Route 50 West area to the
subject properties. The FCSA Board has authorized the phase I and phase 11 implementation of
the sewer study that will increase the capacity of the Parkins Mill Wastewater Treatment Plant
facility. Currently, the City of Winchester Public Utilities has an 18 -inch sewer transmission line
immediately north of the subject properties as well as an eight -inch sewer line alongC� edar
Creek Grade. On-site sewer lines, laterals and meters will be paid for by the site developer and
tap fees will be generated by the sewer service provider to allow for investments in upgrades and
expansions to the overall sewer system servicing the community,
13. Telecommunications
It is not envisioned that telecommunications infrastructure will be developed on the subject
properties due to the proximity of existing towers and the ability to co -locate telecommunication
antennas on the electric transmission lines along Route 37.
14. Transportation
The development of the Solenberger and Brid efg orth ^properties will allow for the
implementation of the transportation elements identified in the Western Jubal Early Land Use
Plan. In particular, the development of the north to south major collector road that will connect
Jubal Early Drive to Cedar Creek Grade (Route 622). Furthermore the Winchester Area
Transportation Study (WATS) identifies improvements to Cedar Creek Grade from the existing
two-lane rural standard to an urban four -lane divided cross section which will allow for
improvements to the existing road system to occur without relying completely on public
transportation six-year road funds. It is envisioned that the development of the subject properties
will contain pedestrian and bicycle facility components; therefore the opportunity also exists for
intermodal transportation system development and connectivity.
File #32375/EAW
Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA
A. Other information as may be required by the Director of Planning, the Planning
Commission, or Board of County Supervisors during 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 Power of Attorney Affidavit
2. Application Review Fee of $2,000 (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 1, Owners of Properties within 200 feet
Attachment 2, Adjoining Property Map Solenberger/Bridgeforth
Attachment 3, Location and Land Use Map Solenberger/Bridgeforth
Attachment 4, Special Power of Attorney Affidavit
File #3237S/EAW
Greenway Engineering June 1, 2004 SolenbergerBridgeforth CPPA
File #3237B&S/EAW.ajc
OWNERS OF PROPERTIES WITHIN 200 FEET
Tax Map #
Owner of Record
Mailing Address
52-((A))-310
GLAIZE, FRED III & ANN W
POST OFFICE BOX 888
WINCHESTER, VA 22604
52-((18))-6
MADISON, DAVIS R & RONDA G
133 PARKINS LANE
WINCHESTER, VA 22602
52-((18))-7
CODELLA, DOMENICO & MARIELA
143 PARKINS LANE
WINCHEESTER VA 22602
52-((18))-8
ROUSE, JASON & TALMAGE, DAVINA
118PARKINS LANE
WINCHESTER, VA 22602
52-(20)(5)-42
MOHR, BRIEN & MARY LOU
106 TWIGG COURT
STEPHENS CITY, VA 22655
52-(20)(5)-43
SABBAGH, BASSAM T & FRANCES C
I I I RIVERDALE CIRCLE
STEPHENSON, VA 22655
52-(20)(5)-54
R&T PACKING CORP CIO F&M TRUST CO
POST OFFICE BOX 2800
WINCHESTER, VA 22604
53-((A))-91
GREYSTONE PROPERTIES LLC
13 S LOUDOUN STREET
WINCHESTER, VA 22601
53-((A))-92
WILLOW GROVE LC
720 S BRADDOCK STREET
WINCHESTER, VA 22601
53-((3))-A
WILLOW GROVE LC
720 S BRADDOCK STREET
WINCHESTER, VA 22601
53 -((3)) -Al
GORDON, JAMES C, JR
324 ORANGE LANE
WINCHESTER, VA 22602
62 -((A)) -71A
BELL, THOMAS S & KATHY G
4535 SAWGRASS COURT
ALEXANDRIA, VA 22312
63 -((A)) -ID
TRIPLE S ASSOCIATES
POST OFFICE BOX 2368
WINCHESTER, VA 22604
63-((A))-2
GREYSTONE PROPERTIES LLC
13 S LOUDOUN STREET
WINCHESTER, VA 22601
63 -((A)) -2A
GREYSTONE PROPERTIES LLC
13 S LOUDOUN STREET
WINCHESTER, VA 22601
63-((4))-2B
COMMONWEALTH OF VIRGINIA
POST OFFICE BOX 67
RICHMOND, VA 23218
63-((4))-2C
HOLLIDAY, LARRY E SR & TERESA D,
1151 CEDAR CREEK GRADE
TRUSTEES
WINCHESTER, VA 22602
63 -((A)) -2E
BLUE RIDGE GRACE BRETHERN
1025 CEDAR CREEK GRADE
WINCHESTER, VA 22602
63 -((A)) -2F
RHODES, ROBERT M
1007 CEDAR CREEK GRADE
WINCHESTER, VA 22602
File #3237B&S/EAW.ajc
Greenway Engineering June 1, 2004 Sol enbergerBridgeforth CPPA
Attachment I
File #3237B&S/EAW.ajc
OWNERS OF PROPERTIES WITHIN 200 FEET
Tax Map #
Owner of Record
Mailing Address
63 -((A)) -2I
BEITZEL, MARLIN & DAWN
1115 CEDAR CREEK GRADE
WINCHESTER, VA 22602
63 -((A)) -2K
C&W PROPERTIES
POST OFFICE BOX 221
MILLWOOD, VA 22646
63-((51))-1
RITCHIE, REX E & HELEN J
141 CLAYHILL DRIVE
WINCHESTER, VA 22602
63-((52))-9
HENRY, RICHARD W & BONNIE G
665 GUARD HILL ROAD
MIDDLETOWN, VA 22645
63-((52))-10
BRUCE, TROY A & ELAINE L
160 CLAYHILL ROAD
WINCHESTER, VA 22602
Attachment I
File #3237B&S/EAW.ajc
ZONING LEGEND
PROPOSED LAND USE
_
<s � BuslnLss
RA
RURAL AREAS DISTRICT
RIAL
... IND -min
RP
RESOENTIAL PERFORMANCE DISTRICT
PLANNED COMR.$m
RI
RESIDENTIAL PLANNED COMMUNITY
D—MPMENTMJX SENSITIVE ARG (DSA)
®
R5
RESIDENTIAL RECREATIONAL COMMUNITY
MHI
MOBILE HOME COMMUNITY DISTRICT
81
NEIGHBORHOOD BUSINESS DISTRICT
82
BUSINESS GENERAL DISTRICT
83
INDUSTRIAL TRANSITION DISTRICT
1 j
MI
LIGHT INDUSTRIAL DISTRICT
M2
INDUSTRIAL GENERAL DISTRICT
"tT'J
EM
E%TRACTIVE MANUFACTURING DISTRICT
HE
HIGHER EDUCATION DISTRICT
Gayer Creak
K . 622
=iL, . ) , - LN Y, � 4--: �!�-,:,z � - �
C
WINCHESTER
SCALE 1' � LE00'
061GNED 8Y: SGY
*-am—. flLS NO. 32T1
9NBEi T OP I
Special Limited Power of Attorney
County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
Trustees of the John T. Solenberger Trust:
(Name) Cyndi Solenberger, John Solenberger,Jr.
(Phone) 540-664-2467
Jeffrey Solenberger, Stacy See
(Address) PO Box 2658 Winchester, VA 22604
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book 872 477
Xk)%9)N% 872 on Page 474 , and is described as
63 1 A
Parcel: 63 Lot: 1A Block: A Section: Subdivision:
do hereby make, constitute and appoint:
(Name)_ Greenway Engineering (Phone)540-662-4185
(Address) 151 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and
authority I (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
X Comprehensive Policy Plan Amendment
My attomey-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 c , 200
Signature(s
�c-- t ,�
State of Virginia, City/Coon-,y of
and for the;-- -diction aforesaid certify that t1he person(s)
who signed to the foregoing instrument and who is (are) known to me, personally appeared before me
ani as acknowledged the same before me in thejurisdiction aforesaid this day of z� 200'.
'moi ry,'LtA /,� �' My Commission Expires: ;��� /�IG�t'/y�� �l •-�x �
)pry Public
Special Limited Power of Attorney
County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
(Name) Jeffrey and Gayle Solenberger (Phonekga_E6 _2467
(Address) 1266 (,Pdar ('rPPk Grade Winchp.tPr, VA 22hfh
the owners) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No.020017647 on Page , and is described as
Parcel: 6_ Lot: iE _ Block: _ A Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering (Phone) 540-662-4185
(Address) 151 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and
authority I (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
X 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 o(L d of (01, 200,
Signatures) r l ^ -'
Stat. of Virginia, City/Coon y of Tr To
a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who signed to the foregoing instrument and who is (are) known to me, personally appeared before me
a has acknowledged the same before me in the jurisdiction aforesaid this,9L day of �l_ , 200 J .
My Commission Expires: O
N tary Public
Special Limited Power of Attorney
. County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
540-667-1821(William)
(Name) Ruth D. Bridgeforth William E. B idn forthI (Ph0ne)540-662-8222(Ruth)
1100 Cedar Creek Grade Winchester, VA 22602 (William)
(Address) 1064 Cedar Creek Grade Winchester, VA 22.602 (Ruth)
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Will Book 103 136 ( t
Dee _ Book 742 6345 v51 l )
K on Page ( 1 laan)d is described as
Parcel: 663— Lot: _ 2D Block: A (P§ecii6n: Subdivision:
do hereby make, constitute and appoint:
(Name) G-rpt-nwav Fnqineprinq (Phone) -,40-6C,2-41
(Address) 151 Windy Hill Lane _Winchester, VA 22602
To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and
authority I (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
X 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 t-s2-51flday of HC -Cy, 2004-
I
00d--
S. gpaature(s) -
StaCe of Virginia, Ci iCoun� of_ it"r�,iE ,��. _____, To -wit:
a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who signed to the foregoing instrument and who is (are) known to me, personally appeared before me
and h acknowledged the same before me in the jurisdiction aforesaid this,? Y qday of ;v� , 2004--.
,,I
My Commission Expires:
Notary Public -
STATE OF VIRGINIA
COUNTY OF FREDERICK
This 151
(Day)
I,
A
(TO BE COMPLETED BY APPLICANT)
SUBJECT PROPERTY OWNERS AFFIDAVIT
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederickva.us
day of J UINie
'A- rl
(Owner/Contract
(Month)
Z 60 4 --
(Year)
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/Cant act Purcha r/ uthorized Agent
(circle one
COMMONWEALTH OF VIRGINIA:
County of Fy-edrack,
Subscribed and sworn to before me this IS-� day of Jot je 20o 4— in my
County and State aforesaid, by the aforenamed P
NOTARY PUBLIC
My Commission expires: Fet&;�w,/w_y Zq, 2-oc)8
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ITEM #3
Rural Areas Study
Continuation of Policy Formulation Stage
Discussion of work session and future direction.
WESTERN JUBAL EARLY
LAND USE PLAN
Adopted by the Frederick County Board of Supervisors
February 11, 2004
A request to expand the Urban Development Area (UDA) to incorporate parcels owned by the White
and Marshall families was approved by the Frederick County Board of Supervisors in February 2004.
These parcels, totaling approximately 350 acres, are located in a quadrant of land bound by Route
37 to the west, Merriman's Lane (Route 62 1) to the north, Cedar Creek Grade (Route 622) to the
south, and the City of Winchester to the east. The expansion of the UDA did not incorporate all
properties within this quadrant, as much of the acreage in the southern portion of the quadrant is
reserved for agricultural use within the South Frederick Agricultural and Forestal District, The
Western Jubal Early Land Use Plan (WJELUP) was also adopted by the Frederick County Board of
Supervisors in February 2004 and is intended to guide future land use planning and development for
property within the quadrant that is captured by the UDA expansion.
Land Use
Residential
The land included within the WJELUP represents a transitional area between the City of Winchester
and the crural areas of western Frederick County. The WJELUP area is distinguished by its pristine
environmental resources and prime farmland soils and has therefore historically supported both
agricultural and low density residential land uses. Adjoining land within the City of Winchester has
developed extensively with urban and suburban residential uses, most notably within the Meadow
Branch, Morlyn Hills, Meadow Branch South, and Orchard Hill subdivisions. Additionally,
suburban residential land use has been established within the UDA adjacent and north of the
WJELUP area through the Merriman's Chase subdivision.
The predominant land uses envisioned within the WJELUP area are urban and suburban residential
uses. The residential designation is intended to continue the established land use pattern in the
vicinity of the WJELUP area. As such, new residential development within the WJELUP area is
expected to consist primarily of single family detached and single family small lot units, and be
compatible with the design of existing residential uses on adjoining property. The gross residential
density for residential developments within the WJELUP area should not exceed four dwelling units
per acre.
Mixed Use
Areas of mixed residential and commercial land use are designated along the planned route of the
Jubal Early Drive extension. The mixed use development pattern is intended to provide commercial
and employment opportunities that are accessible for residents within the WJELUP area via
alternative modes of transportation, such as pedestrian and bicycle facilities. Enhanced accessibility
is anticipated through the integration of land uses within the mixed use areas and the connection of
such areas to the surrounding residential neighborhoods by a network of multi-purpose trails and
sidewalks. It is further expected that residential and commercial uses will be designed and
configured in a complementary and unified manner to ensure development of a visually distinctive
and functionally efficient community.
The residential component of areas designated for mixed use development is not to exceed 75% of
the gross project land area, with the remaining acreage reserved and planned for commercial use.
Gross residential densities within mixed use areas should be consistent with those of the surrounding
residential neighborhoods and therefore not exceed four dwelling units per acre. Residential
densities are envisioned to be achieved through a mixture of housing types.
The commercial component will comprise at least 25%, but no more than 50%, of the gross project
land area for mixed use development. The commercial component is envisioned to consist of
neighborhood scale commercial uses and high-end office uses, consistent with the commercial
development that has occurred along Jubal Early Drive west of its intersection with Valley Avenue.
Strip commercial development is strongly discouraged.
Transportation
The Winchester Area Transportation Study (WATS) identifies Jubal Early Drive extending in an
east -west direction from its terminus in the City of Winchester to a new interchange with the Route
37 western by-pass. The proposed expansion of the Urban Development Area (UDA) should
incorporate the extension of Jubal Early Drive as the principal transportation component of the
WJELUP. The extension of Jubal Early Drive through this portion of the UDA is envisioned as an
urban divided four -lane cross-section that includes landscaped medians as well as pedestrian and
bicycle facilities.
The final location and alignment of Jubal Early Drive should remain flexible to ensure that the
development of the future extension conforms to final transportation studies and engineering. The
design and alignment of the road will facilitate its connection with the new interchange planned for
Route 37. Indeed, the value of Jubal Early Drive as a regional transportation improvement is
dependant upon its ultimate connection to Route 37 via this new interchange.
The initial component of a major collector road system is planned to facilitate traffic movement in
a north -south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade.
The ultimate location of the north -south collector road should also remain flexible; however, the
WJELUP envisions design and construction of only the initial segment of this collector road in order
to protect the adjoining South Frederick Agricultural and Forestal District.
The development of new road systems and new signalization, and any improvements to existing road
systems will be the responsibility of private property owners and developers, unless the Board of
Supervisors determines that public - private partnerships are appropriate.
Environment
The WJELUP designates environmental resources associated with the Abrams Creek corridor as
Developmentally Sensitive Areas (DSA). These areas should be preserved through the development
process with improvements limited to required road crossings and passive recreational amenities.
A conservation oriented approach to the design of residential and mixed use projects within the
WJELUP area is encouraged to maximize DSA preservation. As such, the precise study and
identification of DSA designated resources should occur as a critical first step in the design process
for all development in the WJELUP area. Completion of this resource inventory and the delineation
of preservation areas is to be followed and accommodated by layouts and engineering for building
sites, lots, drainage and infrastructure. Full density credit will be provided for DSA designated land
conserved through the development process.
A portion of the Green Circle Trail, as developed by the City of Winchester, has been constructed
on the north side of the Winchester -Western Railroad. The WJELUP envisions completion of this
portion of the trail to Merriman's Lane. Additionally, a connector trail should be developed that
extends from the existing trail along the railroad right-of-way to Cedar Creek Grade as an
enhancement to the Green Circle Trail. The connecting trail should be located to enhance the
interaction of the user with any environmental features or view sheds that are conserved through
implementation of the WJELUP.
U:\COMMITTEES\CPPS\Projects\2003 Projects\White-Marshall UDA\WJELUP FINAL TEXT.wpd
A
West Jubal Early
�Y Land Use Plan
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Winchester City Boundary
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�\ \� 37' I ,{.f / , ua ` '\ �I�l� Proposed Trails
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South Frederick
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Winchester City Boundary
AfLand Use Study Area (362 acres)
/V Parcels
NStreams
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Existing Trails
1, Proposed Trails
Planned Land Use
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Mixed Use
Residential Use
Future Interchange
South Frederick Agricultural
& Forestal District
N
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Adoptedby the
Frederick Cou ty Board
February 11, 2004
p� s+�- bused +o -E-Ve G P f 5 o A 911,-3101,
WESTERN JUBAL EARLY
LAND USE PLAN
Adopted by the Frederick County Board of Supervisors
February 11, 2004
(Revised draft September 10, 2004)
A request to expand the Urban Development Area (UDA) to incorporate parcels owned by the
White and Marshall families was approved by the Frederick County Board of Supervisors in
February 2004. These parcels, totaling approximately 350 acres, are located in a quadrant of
land bound by Route 37 to the west, Merriman's Lane (Route 62 1) to the north, Cedar Creek
Grade (Route 622) to the south, and the City of Winchester to the east. The expansion of the
UDA did not incorporate all properties within this quadrant, as much of the acreage in the
southern portion of the quadrant (the Solenberger/Bridgeforth Property) was is reserved for
agricultural use within the South Frederick Agricultural and Forestal District. The Western Jubal
Early Land Use Plan (WJELUP) was adopted by the Frederick County Board of Supervisors in
February 2004 and is intended to guide future land use planning and development for property
within the quadrant that is captured by the UDA expansion.
In May of 2004 the Board of Supervisors removed 183 acres of land north of Cedar Creek
Grade included within the Solenberger/Bridgeforth property, from the South Frederick
Agricultural and Forestal District. A UDA expansion request has been submitted for the
262 acre Solenberger/Bridgeforth property. This draft of the Western Jubal Early Land
Use Plan would cover the entire quadrant between the City of Winchester to the east,
Cedar Creek Grade (Route 622) to the south, Route 37 to the west and Merriman's Lane
and the City of Winchester to the north.
Guiding Principles
A new community is being created in a portion of the County where previously there was
little but farmland. The area contains sensitive environmental features and these will be
preserved. This new community will be primarily residential with some mix of commercial
and residential uses. The community will be linked by an efficient road system, multi-
purpose trails and sidewalks. At the center of the community will be a school which will
serve as a focus for educational and community activities.
Land Use
Residential
The land included within the WJELUP represents a transitional area between the City of
Winchester and the rural areas of western Frederick County. The WJELUP area is distinguished
by its pristine environmental resources and prime farmland soils and has therefore historically
supported both agricultural and low density residential land uses. Adjoining land within. the City
of Winchester has developed extensively with urban and suburban residential uses, most notably
within the Meadow Branch, Morlyn Hills, Meadow Branch South, and Orchard Hill
subdivisions. Additionally, suburban residential land use has been established within the UDA
adjacent and north of the WJELUP area through the Merriman's Chase subdivision.
The predominant land uses envisioned within the WJELUP area are urban and suburban
residential uses. The residential designation is intended to continue the established land use
pattern in the vicinity of the WJELUP area. As such, new residential development within the
WJELUP area is expected to consist primarily of single family detached and single family small
lot units, and be compatible with the design of existing residential uses on adjoining property.
The gross residential density for residential developments within the WJELUP area should not
exceed four dwelling units per acre.
Mixed Use
Areas of mixed residential and commercial land use are designated along the planned route of
the Jubal Early Drive extension. The mixed use development pattern is intended to provide
commercial and employment opportunities that are accessible for residents within the WJELUP
area via alternative modes of transportation, such as pedestrian and bicycle facilities. Enhanced
accessibility is anticipated through the integration of land uses within the mixed use areas and
the connection of such areas to the surrounding residential neighborhoods by a network of multi-
purpose trails and sidewalks. It is further expected that residential and commercial uses will be
designed and configured in a complementary and unified manner to ensure development of a
visually distinctive and functionally efficient community.
The residential component of areas designated for mixed use development is not to exceed 75%
of the gross project land area, with the remaining acreage reserved and planned for commercial
use. Gross residential densities within mixed use areas should be consistent with those of the
surrounding residential neighborhoods and therefore not exceed four dwelling units per acre.
Residential densities are envisioned to be achieved through a mixture of housing types.
The commercial component will comprise at least 25%, but no more than 50%, of the gross
project land area for mixed use development. The commercial component is envisioned to
consist of neighborhood scale commercial uses and high-end office uses, consistent with the
commercial development that has occurred along Jubal Early Drive west of its intersection with
Valley Avenue. Strip commercial development is strongly discouraged.
Commercial
An area of commercial development is planned near the intersection of Cedar Greek Grade
and Route 37. The commercial component is envisioned to consist of neighborhood scale
commercial uses and high-end office uses. Strip commercial development is strongly
discouraged. Consolidated entrances will be encouraged to avoid multiple -entrances along
Cedar Creek Grade.
-2-
Trans ortation
The Winchester Area Transportation Study (WATS) identifies Jubal Early Drive extending in an
east -west direction from its terminus in the City of Winchester to a new interchange with the
Route 37 western by-pass. The proposed expansion of the Urban Development Area (UDA)
should incorporate the extension of Jubal Early Drive as the principal transportation component
of the WJELUP. The extension of Jubal Early Drive through this portion of the UDA is
envisioned as an urban divided four -lane cross-section that includes landscaped medians as well
as pedestrian and bicycle facilities.
The final location and alignment of Jubal Early Drive should remain flexible to ensure that the
development of the future extension conforms to final transportation studies and engineering.
The design and alignment of the road will facilitate its connection with the new interchange
planned for Route 37. Indeed, the value of Jubal Early Drive as a regional transportation
improvement is dependant upon its ultimate connection to Route 37 via this new interchange.
The initial eemponen A major collector road system is planned to facilitate traffic movement
in a north -south direction to provide a connection between Jubal Early Drive and Cedar Creek
Grade. The ultimate location of the north -south collector road should also -remain flexible to
ensure that the development conforms to final transportation studies and engineering.
however-, the WjELUP epvisions design and eenstrae�ien of only the initial seltl -
eefleetor read in E)FEI@r- to pr-eteet the adjoining SotAh Fr-ede6ek Agr-ieulyafil and -Fe- - _:f-1 Distri
The Winchester Area Transportation Study (WATS) also identifies improvements to Cedar
Creek Grade. Cedar Creek Grade is proposed to be widened to four lanes from the
Winchester City line to Route 621, Merrimans Lane. The WATS study also identifies
improvements to the Cedar Creek Grade/Route 37 interchange. The Frederick County
Comprehensive Policy Plan Bicycle Plan identifies Cedar Creek Grade as a short-term
destination route. The proposed expansion of the Urban Development Area (UDA) should
incorporate the proposed improvements to Cedar Creek Grade including bicycle facilities.
The development of new road systems and new signalization, and any improvements to existing
road systems will be the responsibility of private property owners and developers, unless the
Board of Supervisors determines that public - private partnerships are appropriate.
Environment
The WJELUP designates environmental resources associated with the Abrams Creek corridor as
Developmentally Sensitive Areas (DSA). These areas should be preserved through the
development process with improvements limited to required road crossings and passive
recreational amenities. A conservation oriented approach to the design of residential and mixed
use projects within the WJELUP area is encouraged to maximize DSA preservation. As such,
the precise study and identification of DSA designated resources should occur as a critical first
step in the design process for all development in the WJELUP area. Completion of this resource
inventory and the delineation of preservation areas is to be followed and accommodated by
-3-
layouts and engineering for building sites, lots, drainage and infrastructure. Full density credit
will be provided for DSA designated land conserved through the development process.
A portion of the Green Circle Trail, as developed by the City of Winchester, has been
constructed on the north side of the Winchester -Western Railroad. The WJELUP envisions
completion of this portion of the trail to Merriman's Lane. Additionally, a connector trail should
be developed that extends from the existing trail along the railroad right-of-way to Cedar Creek
Grade as an enhancement to the Green Circle Trail. The connecting trail should be located to
enhance the interaction of the user with any environmental features or view sheds that are
conserved through implementation of the WJELUP.
Education
The West Jubal Early Land Use Plan area contains approximately 600 acres and the
majority of this land will be developed for residential uses. It is estimated that 2000
dwellings could be built in the study area. This will generate approximately 1000 new
students for the Frederick County School System. This number of students is
unprecedented in the western part of Frederick County. It will be incumbent upon future
development to provide a school site to mitigate the impact of the large number of school
children resulting from development in the WJELUP area. This is consistent with the
Community Facilities and Services policies in the Comprehensive Policy Plan.
The school should be sited centrally within the study area to enable the maximum number
of students to walk to school. The school could become the focus of this new community as
it would be at the center of the community.
-4-
IM
West Jubal Early
Land Use Plan
South
(DRAFT)
Map Features
�* UDA/SWSA
^✓ Winchester City Boundary
NParcels
/V Streams
Lakes/PondstWetlands
Planned Transportation
�n✓ Road ROW
Road CL
Railroads
Existing Trails
\ V.' \ Proposed Trails
Planned Land Use
Developmentally Sensitive Areas
® Mixed Use
Commercial Use
Residential Use
Educational Use
OFuture Interchange
N
E
S
0 500 Feet
O
Created by
Frederick County Planning
Sept. 13, 2004
4-o +Ae., CPPS on q i3lo4
Designing the Frederick County Green Infrastructure Network
Primary conservation resources have the highest level of protection, and are inherently
unbuildable land unfit for development. They are currently protected in the zoning
ordinance.
Primary Conservation Resources:
• floodplain;
• lakes and ponds;
• wetlands, natural waterways and riparian buffers;
• sinkholes;
• natural stormwater retention areas; and
• steep slopes.
Secondary conservation resources will need to be taken into consideration when planning
and designing a development.
Potential Secondary Conservation Resources:
• land under conservation easements;
• forest land;
• mature woodlands (including hedgerows and treelines);
• trees larger than a certain caliper;
• prime agricultural soil;
• agricultural districts;
• meadows;
• orchards;
• wildlife habitats;
• rare plant and animal species;
• ridgelines;
• scenic viewsheds;
• unusual geologic formations;
• moderate slopes;
• groundwater recharge areas;
• existing corridor screening;
• parks;
• trails;
• designated historic sites;
• potential historic sites
• battlefield sites;
• potential historic districts;
• stone walls;
• archaeological sites; and
• prominent farmhouses, barns, springhouses and farm structures.
UASusanTrimarySec Resources.doc - 1 -
Dis��;Zou-��cj, +0 A-Ve, cfeS <n,\ '1/ 1,3 too
Rural Areas Study
Further Land Development Options for Consideration
Green Infrastructure
Rezoning
Yes
By -right with Standards
Yes
10 Acre Option
Yes
Density
1 du/5acres up to 100 acres
1 du/25 acres over 100 acres
1 du/5acres up to 100 acres
1 du/25 acres over 100 acres
1 du/10 acres
— -
Large lots
25 acres lots by -right
Family lots
Allowed by -right within
density limits
Allowed by -right within
density limits
?
Minor Subdivisions
Major Subdivision
Allowed by -right
Rezoning required
Allowed by -right
By -right with standards
Allowed by -right
?
Major Subdivisions -
Mandatory Conservation
Subdivisions
Yes
Yes
Yes
Conservation set-aside
60%
60%
60%
Traditional 5 acre lot
Road Corridor Buffer
Only for minor subdivision
300'
Only for minor subdivision
300'
Only for minor subdivision
Perimeter Buffer
150'
150'
?
-I-
Proffers
Yes
No
No
Fees
On-site public roads
To cover review costs
Yes
To cover review costs
Yes
To cover review costs
Yes
Off-site road improvements
Yes
Questionable
Questionable
-2-