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HomeMy WebLinkAboutPC 12-07-94 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia DECEMBER 7, 1994 7:06 P.M. CALL TO ORDER TAB 1) Meeting Minutes of October 19 and November 2, 1994 .............. A 2) Bimonthly Report .................................... P o R 3) Committee Reports .................................... C 4) Citizen Comments ..................................... D 5) Proposed Maintenance Hanger/Office Space At The Winchester Regional Airport. (Mr. Wyatt) .........................................E 6) Subdivision Application #012-94 of Lenoir City Company. This property is located at the end of McGhee Road in the Stonewall Industrial Park and is identified with PINS 43- 19-2- and 43-19-43 in the Gainesboro District. (Mr. Miller) ......................................... F 7) Willis White Request for a subdivision variance. (Mr. Miller) ......................................... G 8) Master Development Plan #007-94 of Saratoga Meadows for 42 single family detached traditional housing units. This property is located on the south side of Senseny Road (Route 657), approximately 150 feet west of Greenwood Road (Route 656). This property is identified as PINS 55-A-195 & 54 -A -125A, and is located in the Shawnee Magisterial District. (Mr. Wyatt) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H 2 9) Master Development Plan #008-94 of Westminster Canterbury for the construction of six new residential cottages. The property is located on Westminster Canterbury Drive off of Route 522. This property is identified with PINS 53 -A -63A; 53-A-6313; 53-4-3-J; 53- A-5213, and is located in the Gainesboro District. (Mr. Lawrence) ....................................... I PUBLIC HEARINGS 10) Rezoning Application #008-94 of James Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This property is identified with PINS 64A -4-20A; 64A -4-10A; 64A- 10 -B and is located in the Shawnee District. (Mr. Tierney) ........................................ J 11) Rezoning Application #009-94 of Valley Mill Estates to rezone 17.8+ acres from RA (Rural Areas) to RP (Residential Performance). The directions to this property are as follows: North of Valley Mill Road (Route 659), proceed 3/4 mile East of Greenwood Road (Route 656). This property is identified with PINS 55-A-176 & 55-A-17613 in the Shawnee District. (Mr. Tierney) ........................................K OTHER ITEMS 12) Comprehensive Plan Update. (Mr. Tierney) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L MISCELLANEOUS 13) Informal Discussion with Linden Unger Regarding a Possible Rezoning. (Mr. Tierney) ....................................... M 14) Other.............................................N MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on October 19, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; S. Blaine Wilson, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; and Robert M. Sager, Board Liaison. Planning Staff present: W. Wayne Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director. ABSENT: John R. Marker, Vice Chairman/Back Creek District; Vincent DiBenedetto; Winchester City Liaison CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plan - 10/10/94 Mtg. Mrs. Copenhaver reported that the CP&PS reviewed the Corridor Road Plan which will become part of the Comprehensive Plan. She said that they also discussed a proposed use for Gore School. 2 Economic Development Commission Mr. Romine reported that the EDC received a discussion from a Dowell J. Howard representative concerning technical high schools. Mr. Romine said there is interest in establishing one in this area. SUBDIVISIONS: Subdivision Application #007-94 of Harry Stimpson to subdivide 14.9277 acres for a proposed motel. This property is identified as PIN 85-A-146 and 146A and is located on the west side of Town Run Lane (Rt. 1012), south of Fairfax Pike (Rt. 277), East of the Town of Stephens City Mr. Miller said that the proposed subdivision of 1.5152 acres from a larger tract of 14.9304 acres meets all the requirements of the zoning and subdivision ordinances. He said that the staff is recommending that the master plan requirement be waived. The Commissioners questioned whether there would be enough room on a one and a half acre parcel to place a motel and parking. Mr. Stephen M. Gyurisin with G.W. Clifford & Associates was present to represent this application. Mr. Gyurisin said that the site is adequate to handle the proposed 70 - unit motel with on-site parking. The Commission expressed concern that with all the development along Route 641, and now at Route 1012, there was going to be a need for a road south of the Route 277 corridor, to serve Ridgefield, The Meadows, and the Stephens Ridge subdivisions. They did not have a problem with this particular proposal, because there was a traffic light to control traffic, however, they felt that some egress and ingress was needed for people back in that area. There were no citizen comments. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #007-94 of Harry Stimpson /too subdivide 14.9277 acres for a proposed motel on the west side of Town Run Lalac kXXkJUte i\ii2) 111 Lhe %_/pequon lviagisteriQi District. 3 Subdivision Application #008-94 of C. Douglas Adams to subdivide 9.552 acres for a proposed office building located in the Shawnee District and identified as PIN #64 -A - 45G_ This property is located on the north side of Airport Road (Rt. 645), West of the Winchester Regional Airport, and adjacent to Project Hope_ Action - Approved Mr. Miller said that the proposed use is a child services center. Mr. Sam Sabbaugh, President of the Children's Services of Virginia, explained that a private child -placing agency places children who need to be away from their own homes into therapeutic foster homes. He said that families who are interested in working with a needy child apply to his agency and if the family has the proper credentials, the child services center places the child with the family. Mr. Sabbaugh said that the Children's Services of Virginia contracts through public agencies, such as the Department of Social Services or the courts, they obtain custody of the child, and then place the child in one of their many foster homes throughout Virginia. He said that their office would be occupied by social workers, administrators, and therapists (6-8 people) who will work with the children and the families. Mr. Sabbaugh added that no children would stay at this location. Mr. Sabbaugh also explained that they are licensed by the State of Virginia to operate throughout Virginia and they will serve the entire commonwealth, however, the families are situated within a 100 miles radius. The Planning Commission felt this subdivision was in conformance with the approved master plan for the Airport Business Center and felt that the request met all the requirements of the zoning and subdivision ordinances. Upon motion made by Mr. Wilson and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #008-94 of C. Douglas Adams for the subdivision of a 1.500 acre parcel off a 9.552 acre tract for the establishment of a child services center. DISCUSSION REGARDING RECREATIONAL VEHICLES IN FLOOD PLAINS Mr. Miller said that on May 19, 1994, Mr. William A. Kalberer, a FEMA inspector, identified a potential violation on the North South Skirmish Association's (NSSA) site. He said that Mr. Kalberer identified recreational vehicles within the floodplain portion of the property and Mr. Kalberer was also informed that some of the recreational vehicles remain in the floodplain area for extended periods of time. 4 Mr. Miller said that Frederick County amended its Zoning Ordinance on August 12, 1992 to ensure compliance with FEMA regulations and Section 165-106F of the ordinance prohibits recreational vehicles within floodplain districts. Mr. Miller said that these amendments were necessary to enable Frederick County to participate in the National Flood Insurance Program. Mr. Miller stated that the Development Review and Regulations Subcommittee (DRRS) discussed this issue and considered two options. The first option was to enforce the current requirements and the second option would allow recreational vehicles provided that certain performance standards were met. Those conditions were: 1) the recreational vehicle is fully licensed; 2) the recreational vehicle is installed on wheels and ready for highway use; 3) the recreational vehicle is attached to the site only by quick disconnect type utilities and security devices; 4) the recreational vehicle has no permanently attached additions. The Commissioners felt that the NSSA was a tremendous resource to the County for tourism and economic development. As long as the amendment followed State regulations, they were interested in accommodating this organization. Chairman Golladay instructed the staff to proceed with advertising the amendment for the Commission's next public hearing. REQUEST FOR SUPPORT OF PROPOSAL TO DESIGNATE ROUTE 55 AS A VIRGINIA BYWAY Mr. Tierney presented a letter and supporting materials from John R. Davy, Jr., of the Department of Conservation and Recreation, to John R. Riley, Jr., Frederick County Administrator, requesting the County's support for the proposal to designate Route 55 as a Virginia Byway. Although there were no restrictions attached to designating a scenic byway, the Commission felt that it would be used by special interest groups as an argument to prevent certain proposais involving the highway. The Commission also pointed out that Route 55 was a heavily traveled road and they were concerned about encouraging tourism along the road for safety reasons. Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does not endorse the proposal to designate Route 55 as a Virginia Byway. 5 PROPOSED MULTIFAMILY USE OF GORE SCHOOL Mr. Tierney said that the Board of Supervisors has received a bid for the sale of Gore School which contains a caveat that the purchaser be permitted to convert the building to multi -family housing. He said that the Board asked the staff to look into what would be involved if this offer were to be accepted. Mr. Tierney said that in light of specific statements in the Comprehensive Plan, it was the staff's opinion that multifamily housing would not be appropriate for the school or for the Gore area in general. He said that first, there is no public sewer or water supply to accommodate such a use and second, rezoning to RP (Residential Performance) in the absence of public facilities would contradict established policies. He stated that there is language in the Comprehensive Plan stating that appropriate business uses would be acceptable and the staff feels that a B2 (Business General) use would be more appropriate than multifamily housing. The Commission felt that the $50,000.00 that the County would receive for the sale of the school would not compensate for the consequences of violating the Comprehensive Plan and the precedent situation that would be set. Upon motion made by Mrs. Copenhaver and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does not endorse the rezoning the Gore School from RA (Rural Areas) to RP (Residential Performance) to accommodate multi -family use because it would Plan. The vote on this resolution was as follows: violate policies set forth in the Comprehensive YES (DO NOT ENDORSE MULTI -FAMILY USE OF GORE SCHOOLS DeHaven, Morris, Thomas, Romine, Wilson, Copenhaver, Light, Stone NO: Shickle, Golladay (Mr. Marker was absent) ADJOURNMENT p.m. C1 No other business remained to be discussed and the meeting adjourned at 8:00 Respectfully submitted, Robert W. Watkins, Secretary James W. Golladay, Jr., Chairman MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on November 2, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. Planning Staffpresent: Robert W. Watkins, Director and Secretary; W. Wayne Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director. ABSENT: S. Blaine Wilson, Shawnee District CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES - SEPTEMBER 21, 1994 The first order of business was the consideration of minutes. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of September 21, 1994 were unanimously approved as presented. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. 2 COMMITTEE REPORTS Development, Review & Rggulations Subcommittee - 10/27 Mtg= Mr. Thomas reported that the DR&RS began discussions on amendments concerning sign regulations. He said that the majority of the meeting, however, was used to discuss vested rights. Mr. Thomas said that the DR&RS would like to be able to present policy standards on vested rights for the Planning Commission to follow for rezonings and master development plans. Sanitation Authority Mrs. Copenhaver said that she was not able to attend the meeting, however, meeting minutes reflect that the Parkins Mill expansion is continuing, comments have been received from Environmental Quality for the sewer on Route 522, and bids, easement plats, and letters to property owners are being prepared. Battlefield Task Force Mr. Watkins reported that the first battlefield forum was held on October 22 and approximately 24 people attended. Mr. Watkins said that the participants discussed goals, strategies, and developed some ideas. The Task Force will conduct another public forum on November 12 at Armel School from 1:00 - 5:00 p.m. LIAISON APPOINTMENTS Chairman Golladay appointed Richard Shickle as the Planning Commission's liaison to the Winchester City Planning Commission and Robert Morris as the Planning Commission's liaison to the Historic Resources Advisory Board. SUBDIVISIONS Subdivision Application #009-94 of Hampton Chase, Section 1, to subdivide 12.02 acres for proposed single-family housing. This property is located adjacent to the City of Winchester and the Frederick County boundary line, just north of Battle Avenue and is identified as PIN 54-A-94 in the Stonewall District. i� Action - Approved Mr. Miller said that this portion of the Hampton Chase proposal was previously planned for townhouses, but was converted to 36 zero lot line single-family residences. Mr. Miller also stated that Lots 36 through 41 on the northwest side of this section have a 50' zoning buffer because they back up against B2 zoning. He said that the plats for this section will need to clearly show this and indicate that it is an area where no structures can be placed. Mr. Charles W. Maddox, Jr., with the engineering firm of G. W. Clifford & Associates, and Mr. David Holliday, the developer, were present to represent this application. The Commission had no problems with the subdivision and felt it was in conformance with the approved revised master plan. Commissioners felt, however, that the appropriate deed and plat restrictions should be carried out to indicate the 50' setback for building construction to accommodate the zoning buffer. Upon motion made by Mr. Romine and seconded by Mr. Stone, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #1009-94 of Hampton Chase, Section I, to subdivide 12.02 acres for 36 zero lot line single-family residences with the stipulation that appropriate notifications be placed on the deeds and plats for Lots 36 through 41 to indicate the 50' building restriction setback line to accommodate the B2 buffer line. Subdivision Application #010-94 of Negley Construction, Inc. to subdivide 5.97 acres for commercial use. This property is located behind the Days Inn on Welltown Road (Rt. 661) and is identified as PIN 43-A-52 and 52B in the Stonewall District_ Action - Approved Mr. Miller said that no master plan is in existence for this project, and waiver of that requirement is recommended. He said that the developer of this project will be responsible for completing a maintenance agreement between the owner of the property and the county as to where the stormwater detention facility should be located. Mr. Miller said that this must be accomplished before the street can be taken into the secondary road system. Mr. Paul Negley, the property owner, was present to answer questions from the Commission. The Commission had no problems with the subdivision and felt that all ordinance requirements had been met. 0 Upon motion made by Mr. DeHaven and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #010-94 of Negley Construction, Inc. to subdivide 5.97 acres for commercial use with the condition that all review agency comments are adequately addressed. EXTENSION OF SEWER TO ARTHUR FULTON PROPERTY Mr. Tierney said that the Board of Supervisors plans to consider Mr. Arthur Fulton's request for permission to extend sewer to his property at the corner of Routes 635 and 277 at their November 9 meeting. He said that the Planning Commission informally discussed this item at their meeting of September 21. Mr. Tierney said that the staff has been in touch with the Sanitation Authority and they have no problem with residences along Route 636 hooking into a two-inch line, assuming that county policies permit it; however, there would be an expense involved on the part of the individuals involved with hooking into the line. He said that each residence would have to pay for the installation of a line from their residence to the two-inch main, a grinder pump, and a tap fee. Mr. Tierney said that the Health Department will not allow residential hookups to a pressurized line which is under four inches in diameter unless the sewage first goes through a grinder pump. The Commissioners were of the opinion that the Fulton tract should be permitted to hook into public sewer because the tract was located adjacent to the Sewer and Water Service Area boundary and because the property was zoned for industrial use. However, they did feel the line should not be extended to serve only one customer, especially since so many people in this area were experiencing failing septic systems. The Commission felt that the line should also be extended to those residences along Route 277 and Route 636 that need it. Some Commissioners felt that a two-inch force main with grinder pumps was a short -cited approach to extending sewer to an area. They did not want the citizens in that area to bear the increased costs of a grinder pump simply because the county did not choose to install a three or four inch line. The staff pointed out that the county should provide enough capacity to make the project economically feasible, without creating excess capacity to allow for additional development. There were no citizen comments. Upon motion made by Mr. Thomas and seconded by Mr. Romme, 5 BE IT RESOLVED, That the Planning Commission unanimously endorsed the extension of the Sewer and Water Service Area to the Fulton property, including the surrounding residences along Route 277 and Route 636 with failing septic systems; and that after Board endorsement of the extension, they recommended that this proposal go back to the Comprehensive Plans and Programs Subcommittee to determine parameters and to work out the technical and cost aspects. (Mr. Wilson was absent.) Conditional Use Permit #009-94 of Robin G_ Dassler for a dog kennel. This property is located on Northwestern Pike (Route 50 West) and is identified as PIN 28-A-155 in the Gainesboro District. Action - Recommended Approval Mr. Miller said that dog kennels are permitted in the RA (Rural Areas) zoning District with an approved conditional use permit. He said that the applicant has advised the staff that the kennel will be used only for housing and breeding dogs that belong to her. He said that there will be no boarding of dogs not owned by the owner. Mr. Miller added that the applicant is working with the Health Department and the Department of Environmental Quality on the proper disposal of dog waste. Mr. Pete Dassler, applicant and property owner, stated that the kennel will be strictly for breeding and there would be no boarding of dogs. Chairman called for public comment and the following person came forward to speak in opposition: Mr. James Baker, a neighbor who lives two houses away from Mr. and Mrs. Dassler, said that he was in opposition to this because of the potential noise and smell. Mr. Baker said that he lived a couple hundred yards from the Dassler residence. The Commissioners felt that the site was well -screened and far enough from nearby residents that it would impose minimal impact. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #009-94 of Robin G. Dassler for a dog kennel with the following conditions: 1. All review agency comments must be complied with at all times. Col 2. Change of use or expansion of facilities to accommodate this use will require a new conditional use permit. 3. All associated materials and supplies shall be stored inside. 4. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels must be complied with at all times. 5. No boarding of dogs not owned by the applicant. The vote for this application was: YES (TO APPROVE THE CUPJ: Shickle, DeHaven, Morris, Thomas, Golladay, Marker, Copenhaver, Stone, Light NO: Romine (Mr. Wilson was absent.) Conditional Use Permit #011-94 of Joseph Edmiston for a dog kennel_ This property is located on Round Hill Road (Route 803) and is identified as PIN 52-A-232 in the Back Creek District_ Action - Recommended Denial Mr. Miller said that dog kennels are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit, however, the Edmistons established their kennel without getting the required permit. He said that they are now coming forward with their request as a result of complaints about the noise generated by their kennel. Mr. Miller said that the property fronts on Round Hill Road and there are residences on the other three sides of the property. Mr. Miller said that the staff visited the site on October 19 and observed that a privacy fence, which is only half completed, is being constructed around the kennel. Mr. Miller felt that a privacy fence may not have much impact on generated noise. He said that a 20' X 30' concrete slab with a chain link fence and plastic cover has been constructed for the kennel. He said that Mr. Edmiston has advised that he intended to construct a building on the slab to house his dogs, however, Mr. Miller pointed out that the base construction of the building is in violation of required setbacks. Mr. Miller said that Mr. Edmiston has suggested keeping the [ions in the garage and Mr Miller felt this was not a rensnnable cnnn because the garage was not ventilated, it did not have heat or air conditioning, and keeping the dogs penned in the garage as a noise abatement technique would probably become an untenable situation. VA Mr. Miller said that the staff felt that allowing the kennel would definitely have a significant impact on the neighborhood and should not be allowed. Commissioners asked if this was a boarding kennel. Mr. Miller said that it was a breeding kennel, not a boarding kennel. Mr. Joseph Edmiston, applicant and property owner, introduced himself and his wife, Laura Edmiston. Mr. Edmiston said that he was in contact with the Frederick County Inspections Department and he also obtained a kennel license and neither agency had made him aware that he might need a conditional use permit. Mr. Edmiston said that the six foot privacy fence has been completed and he felt this helped the situation by keeping stray dogs and other animals out of the sight of his dogs. Mr. Edmiston said that he has also been housing potential barking dogs within the garage at night. He said that he can enclose and soundproof the kennel by constructing a building alongside the kennel and be within the required setbacks. Mr. Edmiston said that he spoke with three adjoining property owners and they had no obiections to his kennel. Mr. Edmiston presented photographs of the kennel, fence, and garage and he also presented written statements from three adjoining property owners. Commissioners asked Mr. Edmiston what breed the dogs were. Mr. Edmiston replied that he has Golden Retrievers, Samoyeds, and Shelties. Mr. Edmiston said that he has 15 dogs, but his kennel license permits him to have 20 dogs. Upon motion made by Mr. Thomas and seconded by Mr. Light, the Commission unanimously voted to make the letters a part of the minutes. (The letters are located in CUP File #011=94 of Joseph Edmiston.) Chairman Golladay called for public comment and the following persons came forward to speak in opposition: Mrs. Mary Nelson came forward and introduced herself and Mrs. Sandra Pennington. Mrs. Nelson said that both she and Mrs. Pennington live about 200' feet from the Edmistons. Mrs. Nelson said that she has called the Sheriffs Department, the Dog Warden, and the Planning and Zoning Department to complain about the noise. She said she has called the Sheriff's Department at 3:00 a.m. to come out and quiet the dogs. She said that this has been going on all summer. Mrs. Pennington said that in May she was diagnosed as having MS and fatigue brings on her attacks. Mrs. Pennington played a tape of barking dogs that she said she taped from her front porch last week. Mrs. Pennington said that the privacy fence is not helping the situation. Mr. Pennington was also present. Mr. Jammie Williamson said that his 76 year old grandmother cannot sleep due n to the barking dogs. He said that Mr. Edmiston's barking dogs are upsetting his own dog. Mr. Edmiston felt that the barking these people spoke of was not corning from his dogs. He said that his dogs are bedded down from 8:30 p.m. until 6:00 a.m. Commissioners were concerned about the conflict that some neighbors, in particular the ones that submitted letters, had no problems with noise, while those neighbors present said they were bothered by noise. They felt that a determination needed to be made as to whether the noise was in fact coming from Mr. Edmiston's dogs. The Commissioners felt that if the noise was coming from Mr. Edmiston's dogs, they would not approve the CUP. Mr. Light felt that if there were complaints, then some action needed to be taken and he moved to deny the conditional use permit. This motion was seconded by Mr. Romine, but failed by the following vote: YES (TQ DENY THE CUP): Stone, Light, Marker, Romine, Golladay NO: Copenhaver, Thomas, Morris, DeHaven, Shickle Mr. Stone next moved and Mr. Morris seconded the motion to table the application for 30 days in order to determine if the barking was coming from Mr. Edmiston's dogs. Chairman Golladay appointed Commissioners from the Gainesboro and Back Creek Districts to investigate with neighbors in the area to determine where the noise was coming from. This motion failed, however, by the following tie vote: YES TO TABLE FOR 30 DAYS): DeHaven, Morris, Thomas, Copen.haver, Stone NO: Shickle, Romine, Marker, Light, Golladay Chairman Golladay decided to take further public comment and the following person came forward: Mr. Richard Nelson, adjoining property owner, said that on September 9, the Sheriff's Department was called because the dogs were barking and no one could sleep. Mr. Nelson said that the Sheriff's Department was called again on August 15 at 3:00 a.m. Mr. Marker moved for denial of the Conditional Use Permit and this motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Conditional Use Permit #52-A-232 of Joseph Edmiston for a dog kennel E to be located on Round Hill Road (Route 803) in the Back Creek Magisterial District. The vote on this recommendation was as follows: YES (TO DE_ NY THE CUP):_Shickle, DeHaven, Morris, Romine, Marker, Copenhaver, Light, Stone, Golladay NO: Thomas (Mr. Wilson was absent.) Rezoning Application #007-94 of Frederick Mall Land Trust to rezone three acres from RA (Rural Areas) to RP (Residential Performance) . This property is located west of Greenwood Road (Rt. 636) on the south side of Senseny Road (Rt. 657) and is identified as PIN 54 -A -125A in the Shawnee District. Action - Recommend Approval Mr. Harry Benham, who was present on behalf of the applicant, stated that in September, the Planning Commission recommended the approval of the rezoning of the adjacent Giles property (Parcel 195). Mr. Benham said that the parcel in question is a very thin parcel (approximately 180' or 200' by 1,000') and Mrs. Shreck lives on the front portion, next to the road. He said that the rear of her property is inaccessible. He said that Mrs. Shreck asked if the remainder of her parcel could be developed along with the adjacent Giles tract, otherwise she would have this long thin piece of property between the Giles tract and the farm parcel. (It was noted that Parcel 120 was an active farm.) Mr. Benham said that Mrs. Shreck will retain her house and its frontage; only the rear part of her property would be used in the development. Commissioners noted that VDOT recommended that the site access road be located opposite existing Route 1243 (Country Park Drive) to reduce possible turning movement problems. They asked if there would be sufficient area available to accomplish this. Mr. Benham replied that a small portion of the front of Mrs. Shreck's property would have to be used, however, by adjoining the three acres with the 16 acres, they can get the entrance as recommended by VDOT. Mr. Benham added that the applicant had proffered no more than 32 units with the Giles parcel and with the addition of Mrs. Shreck's parcel, they have increased that to no more than 42 units, and this includes Mrs. Shreck's existing house. There were no public comments. Commissioners expressed great concern that with each approved development 10 proposal, Senseny Road was fast approaching its threshold for handling traffic. They felt that at some point, development would have to stop until something was done with the road to be able to support the traffic. Mr. Watkins stated that the WATS predicts that if development continues as it has been, that Senseny Road will be deficient in terms of Level D Service or below by 2010. He said that the WATS supports the Planning Commission's concern. Given the location of the parcel within the UDA and adjacent existing and proposed RP zoning, along with the applicants proffered limit on the number of units and monetary contribution to the general hind, the Commission was agreeable to rezoning the parcel. Upon motion made by Mr. Light and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #007-94 of Frederick Mall Land Trust to rezone three acres from RA (Rural Area) to RP (Residential Performance) subject to the conditions voluntarily proffered in writing by the applicant and the property owner. Rezoning Application #008-94 of James Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located at the intersection of Custer Avenue and Pembridge Road and is identified as PIN 64A -4-20A in the Shawnee District_ Action - Tabled to December 7, 1994 Mr. Stephen M. Gyurisin, with G.W. Clifford & Associates, Inc., was representing the property owner and applicant, Mr. James H. Carroll. Mr. Gyurisin felt there were two outstanding issues regarding this request. He said that the first issue involved the impact to Fire and Rescue Services. He said that after getting the results of the County's Impact Model, they revised their proffer statement to include an increased emergency services payment to Fire and Rescue. Mr. Gyurisin said that the other issue was a discrepancy on which lots were involved in this rezoning. He presented a survey showing the four lots involved and he said that those four lots total the amount of acreage advertised for this public hearing. Mr. Thomas felt that traffic was going to be a major consideration at this location and he inquired if there were any entrances planned to get back onto Route 50 from this location. Mr. Gyurisin replied that there were no plans to modify the existing street network. Chairman Golladay called for public comment and the following people came forward to speak in opposition: 11 Mr. Charles Bennett, a homeowner in Pembridge Heights and a member of the Board of Directors for the Pembridge Heights Homeowners Association, presented a petition with 199 signatures of residents in his development who were opposed to rezoning this parcel of land. Mr. Bennett said that the issues of the homeowners association were: 1) the increase in traffic from this proposal and other development along Route 50; 2) the existing access road does not seem to be adequate to allow safe access and the single entrance to Route 50 is a problem; 3) Pembridge Drive is tar and chip and is not adequate to handle existing subdivision traffic; 4) a run-off problem exists on proposed Parcel B; and 5) complaints have been received about a sewer -like stench coming from the proposed site. Upon motion made by Mr. Thomas and seconded by Mr. DeHaven, the Commissioners unanimously voted to make the petition a part of the official record. (petition located in Rezoning File ##008-94 of James H. Carroll) Mr. Gene Kefler, a homeowner in Pembridge Heights, said that the notification letter that he received from the County indicated that this proposal was for Parcel 64A -10-B, when in actuality it's for a much larger area, Parcels 64A -4-20A, 64A -10-A, and 64A -10-B. Mr. Kefler felt that Custer Avenue and Pembridge Drive were inadequate to handle the existing traffic, let alone the addition of commercial traffic. He also felt that a commercial use at the entrance to this subdivision was inappropriate. Ms. Regina Rishawd, a homeowner on Lot 51 in Pembridge Heights, read a letter from her neighbors, Allison and Steve Mundy, who were unable to attend the meeting. Mrs. Rishawd said that she was in concurrence with Mr. and Mrs. Mundy's feelings and was strongly opposed to the rezoning. Mr. John Smoot, Pembridge Heights resident, felt it would be very difficult to add a deceleration lane along Route 50, entering Custer Avenue, because of a large 50+ long swale, which was approximately 6'-8' deep. Mr. Smoot said that they have only one entrance that needed to handle 200+ residents and three school bus schedules and he was concerned about additional commercial traffic. He also had concerns about noise that may be generated from commercial development. Mr. Cary Kimble, a resident of Pembridge Heights and a member of the Board of Directors of the Pembridge Heights Homeowners Association, said that there was already a traffic problem here and he felt the rezoning will make the problem worse. Mr. Kimball thought that Mr. Carroll had not maintained the property very well. Mr. Kimball said that they have had to call their representative on the Board of Supervisors about mowing, debris, and to eliminate the storage of construction machinery and materials. Mr. Tom Hantz, resident on Pembridge Drive, said that he moved to this area to be in a quiet neighborhood. He thought the business zoning would destroy that and that the area would become an eyesore. 12 Mr. David Head, resident of Pembridge Heights and member of the Board of Directors of the Pembridge Heights Homeowners Association, said that the intersection at Custer Avenue and Route 50 is dangerous. He said that there is no turn lane and where it changes from 55 mph to 35 mph, he has nearly been rear-ended in his vehicle several times, especially in bad weather. Mr. Head said that the turn is very sharp and is considered to be unsatisfactory for use by the community. He said that they expected this property to be a community -oriented property, not a strip mall. Mrs. Laura Fox, homeowner on Pembridge Drive, was opposed to rezoning and felt this area should be kept residential. Mr. Jim Davern, homeowner in Pembridge Heights, said that he has direct view of this property from his home. Mr. Davern felt that others in this subdivision should have been sent letters of notification besides just the "adjoining" property owners. Ms. Marianne Gordon, resident of Pembridge Heights, felt that business zoning at this location would be a detriment to the Pembridge Heights community. Ms. Elizabeth Harmon, adjoining property owner, was under the impression that this area was to remain as open space. Ms. Kay Hunt, adjoining property owner, said that she was told when she purchased her property that this land was to remain vacant because it was a floodplain. (Mr. Sager asked Mrs. Hunt who gave her that information and she replied that her realtor said he got the information from the owner.) Mr. Mark Shanholtz, resident of Pembridge Heights, said that this property is not on Route 50. He said that you come off Route 50 into the residential area to get to this parcel. He felt that a lot of traffic would be generated by a business located here. Mr. Scott Snyder, homeowner in Pembridge Heights, was opposed because of the increase in traffic and because of the potential for the proposal to decrease the market value of area homes. Ms. Mary Harris, resident of Pembridge Heights and a realtor, said that she was unhappy with the type of homes that were built in this subdivision and she was unhappy with the traffic problems. Mr. James H. Carroll, the owner of the property, came forward for rebuttal. Mr. Carroll said that Carroll Construction Company does not own this property and never has. Mr. Carroll said that he never told anyone that this property was floodplain. Regarding the safety factor, Mr. Carroll said that he met with VDOT's resident engineer, Mr. William H. Bushman, at the site and Mr. Bushman said there would be a traffic light at this location within a year. 13 Mr. Carroll said that L.F. Franklin Company was paving at this Iocation this past summer. He said that L.F. Franklin stored asphalt material on his property without his permission. Mr. Carroll said that he resented the public comment implying that Carroll Construction Company was not a good caretaker of the property. Mr. Carroll said that the developers of this subdivision asked him if they could have right-of-way through his property for access to Route 50. Mr. Carroll said that he had an informal discussion with the Planning Commission to get their feelings on granting him commercial zoning if he would give these people an easement. He said that at the time, the Commission's feelings were favorable, but when the rezoning carne up, it was denied. Mr. Carroll felt that there was so much commercial zoning along this road now, that no one would want to put a house there. Chairman Golladay concurred with Mr. Carroll about the discussion that took place at that time. He said, however, that the uses, and whether or not the proposal would be for BI or 132, was not specified. Chairman Golladay said that his major concern with this property was the uses. He said that he did not have a problem with this being commercial, as long as it was compatible with the neighborhood. The Commissioners were in agreement that the intersection at 50 and Custer Avenue was dangerous and needed work. It was pointed out that traffic had to travel through the commercial area in order to get to the residential development. Some Commissioners felt they could support a B 1 zoning or a B2 zoning if the more intense uses were proffered out, while other Commissioners felt it was too late to put commercial zoning here, since most of the homes in Pembridge Heights had already been built and sold. Mr. Morris moved to deny the rezoning and this was seconded by Mr. Thomas.-, The motion to deny failed, however, due to the following vote: YE TO DENY THE REZ NI G : Morris, Thomas, Golladay, Stone NO. Light, Copenhaver, Marker, Romine, DeHaven, Shickle (Mr. Wilson was absent.) At the Commission's request, the staff read the B2 uses. A motion was next made by Mr. Light and seconded by Mrs. Copenhaver to table the application for 30 days. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Rezoning Application #008-94 of James H. Carroll to rezone 2.81 acres at the intersection of Custer Avenue and Pembridge Drive from RP (Residential Performance) to B2 (Business 14 General) for 30 days or until the Commission's December 7, 1994 meeting. COMPLETION OF CORRIDOR STUDY REPORT Mr. Tierney presented the completed Reporton_ Policies for Business Corridors within Frederick County. Mr. Tierney said that the report culminates nearly two years of work on the part of the Comprehensive Plans and Programs Subcommittee. He said that the report contains statistical information on existing land use and zoning as well as environmental features for the three corridors examined. Mr. Tierney said that a desired scenario for future land use for the three corridors is also mapped out, along with locations of needed road connections. The Planning Commission unanimously endorsed the report. CORRIDOR H VIRGINIA CITIZENS ADVISORY COMMITTEE Mr. Watkins said that the Virginia Commonwealth Transportation Board instructed VDOT to form an advisory committee to study the West Virginia Corridor H proposals. He said that the Virginia Citizens Advisory Committee was formed with representatives from various local governments and groups. Mr. Watkins presented the final statement of consensus and recommendations from the Advisory Committee. Mr. Milton Boyce, resident of Stephens City, came forward to speak about the Inland Port. He said that Virginia wanted the Inland Port to be able to ship area goods out of Norfolk, instead of New York harbor, and it had the potential to bring money to Virginia. Mr. Boyce said that he has observed many signs restricting truck traffic going to the Inland Port. He did not think this was wise, since he felt the biggest users of the Inland Port were Ohio and West Virginia. Mr. Boyce felt that the original proposal needed to be looked at again, especially since the surrounding areas were promised that we would take care of their goods and help rebuild Norfolk. He said that he read in the newspaper that the Inland Port was only making $10,000,000 a year. He felt that was obvious, because there was no route that would bring you across West Virginia to get you to that Inland Port without going to New York. No action was needed by the Commission on this item. 15 ADJOURNMENT No other business remained to be discussed and the meeting adjourned at 10:00 Respectfully submitted, Robert W. Watkins, Secretary James W. Golladay, Jr., Chairman M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Secretary SUBJECT: Bimonthly Report DATE: November 28, 1994 (1) Rezonin s Pending: dates are submittal dates C. L. Robinson 03/30/94 BkCk RA to B3 Brown Lovett, Jr. 09/14/94 Ston RA to M1 Frederick Mall 08/10/94 Shaw RA to RP Frederick Mall 10/07/94 Shaw RA to RP James Carroll 10/07/94 Shaw RP to B2 Valley Mill Estates 11/10/94 Shaw RA to RP (2) Rezonin s Approved: dates are BOS meeting dates None (3) Rezonin s Denied: dates are BOS meeting dates None (4) Conditional Use Permits Pending: dates are submittal dates Robin Dassler 09/23/94 Gaines Private Dog Breeding Kennel (5) Joe Edmiston 10/07/94 BcCk Kennel Conditional Use Permits Approved: dates are approval dates None (6) Site Plans Pending: dates are submittal dates Wheatlands Wastewater Grace Brethren Church Flex Tech Lake Centre Red Star Express Lines Regency Lakes Sec. C Garber Taco Bell Fac. 09/12/89 Opeq 06/08/90 Shaw 10/25/90 Ston 05/15/91 Shaw 05/24/91 Ston 07/25/94 Ston 07/26/94 Shaw 09/27/94 Gaines Trmt.facil Church Lgt. Industrial Townhouses Whse. Addition Mobile Homes Retail Commercial Restaurant 2 Kraft General Foods 10/06/94 Ston Addition Shenandoah Valley Baptist 10/14/94 Opeq Classroom Addition Amoco Foam 10/27/94 Ston Outdoor Storage Westminster Canterbury 11/16/94 Gaines Duplex Housing Preston Place Apt. II 11/23/94 Shaw Apartments (7) Site Plans Approved: (dates are approval dates) None (8) Subdivisions Pendia dates are submittal dates Briarwood Est. 01/04/94 Ston Hampton Chase Sec. I 10/05/94 Ston Negley 10/11/94 Ston Preston Place 10/31/94 Shaw Lenoir City Company 11/09/94 Gaines (9) Subdivisions Pending Final Admin. Approval: (PIC or BOS approval dates Abrams Point, Lake Centre Fredericktowne Harry Stimpson Phase I Est., Sec 8 & 9 06/13/90 Shaw 06/19/91 Shaw 10/06/93 Opeq 10/26/94 Opeq (10) PMDP Pending: (dates are submittal dates) Fieldstone Heights 04/25/94 Ston Saratoga Meadows 11/14/94 Shaw Westminster Canterbury 11/16/94 Gaines (11) PMDP Approved: (Dates are approval dates) None (12) FMDP Pending Administrative Approval: (dates are BOS approval dates Battlefield Partnership James R. Wilkins III Lake Front Apartments Star Fort 04/08/92 BaCk 04/14/93 Shaw 06/08/94 Shaw 09/14/94 Gain (13) Board of Zoning Appeals Applications Pending:(submit. dates) Weber's Nursery 11/08/94 Ston Margaret Johnson 11/21/94 BaCk Burger King 11/23/94 Gain Burger King 11/23/94 Gain Amoco 11/23/94 Gain Amoco 11/23/94 Gain 3 Holiday Inn 11/23/94 Opeq Holiday Inn 11/23/94 Opeq (14) BZA Applications Approved• (approval dates) None (15)_BZA Applications Denied• None (16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER None 1E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #69 Nov. 1-15 1. Transportation Evan Wyatt revised the Frederick County Secondary Road Improvement Plan based on allocation recommendations by VDOT for Macedonia Church Road (Rt. 642) and Shawnee Drive (Rt. 652). Bob Watkins attended a VDOT meeting where ISTEA enhancement grant application procedures were discussed. 2. Plan Reviews,-ARprovals, and Site Inspections: Evan Wyatt approved a site plan for an office addition to the Shenandoah Gas Company. Evan Wyatt reviewed a site plan for the Garber Estate for a new retail building. Evan Wyatt reviewed a revised Master Development Plan for Preston Place II Apartments and Townhouses. Evan Wyatt conducted site inspections to verify site improvements at Regency Lakes Mobile Home Park, The Minute Wok, and Johnsons Exxon. Jean Moore has reviewed a draft site plan for the addition to Cracker Barrel. 3. Battlefield Preservation Bob Watkins gave a presentation on battlefield efforts to the Stonewall Ruritan. A forum was held on the battlefield efforts on Saturday, November 12 at Armel School. Approximately 40 people attended and provided ideas on battlefield planning. 4. Meetings Evan Wyatt participated in a meeting with EDC to assist the Mid -Atlantic Distribution Center site selection team with questions regarding property in the Airport Business Center and the Westview Business Center. Evan Wyatt and Wayne Miller participated in a meeting with EDC to assist the Toray Industries site selection team with questions regarding property along Valley Pike. Evan Wyatt met with Gary DeOms and John Stelzl to continue work on the proposed Double Church Road Agricultural and Forestal District. Bob Watkins and Evan Wyatt met with Chuck Maddox, of G.W. Clifford & Associates, to discuss revisions to the Coventry Courts Master Development Plan and the Dominion Knolls Master Development Plan. On November 4, Kris Tierney met with Steve Gyurisin to discuss proffers on a proposed residential rezoning along Valley Mill Road. Kris also met with an individual interested in a B-3, (Industrial Transition ) rezoning along the south side of Route 7, (in front of the Franklin Mobile Home Park) for the sale of mobile homes. On November 9, Kris met with Steve Gyurisin to discuss a potential B3 rezoning on a portion of the RT&T property, located near the Route 37 and 11 South interchange. 5. Comprehensive Plans and Programs Committee The Committee has nearly finalized their recommended update of the Comprehensive Plan. The update will go to the Planning Commission as a discussion item at their December 7 meeting. It is hoped that the recommended update will go to the Board in either January or February. The Committee has also begun drafting the 1995-96 Capital Improvements Plan. It is anticipated that the CIP will go to the Commission in January. 6. Violations Jean Moore and Eric Lawrence continue to respond to citizen complaints about Zoning Ordinance violations. Complaints about inoperable vehicles have been the most frequently voiced concern. 8. Other Jean Moore is currently working on maps to help support items presented at the Planning Commission Retreat. Eric Lawrence continues progress toward developing a Historical Plaque Program. It is the intention of this program to acknowledge the numerous properties in the county which are a valuable source of history to both the local and national heritage. COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II f RE: Proposed Maintenance Hanger.`/Office Space At The Winchester Regional Airport DATE: November 28, 1994 Mr. Michael D. Kane, Delta Airport Consultants P.E., has requested an opportunity to present a site plan during the December 7, 1994 Planning Commission meeting regarding the above referenced improvements. The Winchester Regional Airport Authority plans to develop a new hanger that will provide two stories of office space, as well as an area that will be utilized for the maintenance of aircraft. Additional parking areas will be provided for the proposed facility. Enclosed is a copy of the proposed site plan for your review. Staff has asked Mr. Kane to present this plan formally to the Planning Commission and Board of Supervisors. This will allow each body to comment on this proposal and permit staff to ensure that these comments are adequately addressed by the applicant prior to final site plan approval. Staff asks that the Planning Commission provide administrative approval authority for the proposed site plan once all comments have been adequately addressed. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 DELTA AIMMOMT CONSULTANTS, /NC_ engineers - planners Richmond Charlotte November 21, 1994 Mr. Evan Wyatt Frederick County Planning Dept. 9 Court Square Winchester, Virginia 22601 RE: Site Plan Documentation Relocate Parallel Taxiway A Winchester Regional Airport Winchester, Virginia AIF Project No. 3-51-0059-10/11 Delta Project No. VA 9302 & VA 9439 Dear Mr. Wyatt: As per our recent telephone conversation please find enclosed the following items which should complete the site plan approval process. 1. As per site plan comments from the following: a. Frederick County Inspections Department b. Commonwealth of Virginia, Department of Transportation C. Federal Aviation Administration d. City of Winchester e. Frederick Winchester Health Department f. County of Frederick Fire Marshall g. Lord Fairfax Soil and Water Conservation District 2. Please find enclosed sheets 1, 3A, 3 and 9 through 22 for the project plans. In a related matter Delta is requesting an opportunity to address the Planning Commission (December 7, 1994) and the Board of Supervisors (December 14, 1994) for the new airport hangar site referenced in your November 21, 1994 letter. Copies of the proposed site plan will be forwarded under a separate cover prior to the scheduled meetings. 7333 Whitepine Road Telephone (804) 275-8301 Richmond, VA 23237 Fax (804) 275-8371 Mr. Evan Wyatt November 21, 1994 Page Two If you should have any questions concerning this matter, please do not hesitate to contact our office. Sincerely, Michael D. Kane, P. E. MDK: kgp Enclosures cc: Granville Amos, Executive Director wo/encl. VA 9302 C191 OEL TA A /RPOR T CONSUL TA NTS /NC, engineers - plannel-s Richmond Charlotte November 23, 1994 Mr. Evan Wyatt Frederick County Planning Dept. 9 Court Square Winchester, Virginia 22601 Dear Mr. Wyatt: RE: Corporate Hangar Site Plan Winchester Regional Airport Winchester, Virginia Delta Project No. VA 9439 Delta has forwarded preliminary plans for your review to determine which sheets will be required for the twenty-five (25) copies required. The twenty-five (25) copies and presentation slide will be forwarded to your office no later than December 1, 1994. In addition, the airport will complete the site plan application and send the request for site plan comments to the appropriate agencies. If you should have any questions concerning this matter, please do not hesitate to contact our office. Sincerely, Michael D. Kane, P. E. MDK: kgp VA 9439 C016 7333 Whitepine Road Telephone (804) 275-8301 Richmond, VA. 23237 Fax (804) 275-8371 PC REVIEW: 12/07/94 SUBDIVISION APPLICATION 012-94 LENOIR CITY COMPANY LOCATION: This property is located at the end of McGhee Road in the Stonewall Industrial Park. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-19-2 and 43-19-43 PROPERTY ZONING & PRESENT USE: Zoned Ml (Light Industrial) - land use: vacant ADJOINING PROPERTY ZONING & USE: Zoned M1 (Light Industrial) - land use: vacant PROPOSED USE: No use has been specified at this time. REVIEW AGENCY COMMENTS: DEPARTMENT OF TRANSPORTATION: No objection to subdivision of this property. This section of street is currently not in the State's Secondary Road System. However, all entrance design and drainage features must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. See attached letter dated October 31, 1994. SANITATION AUTHORITY: No comment. INSPECTIONS DEPARTMENT: No comment required at this time. PLANNING AND ZONING: There is an approved master plan for the Stonewall Industrial Park of which this property is a part. This proposed subdivision meets all the ordinance requirements. STAFF RECOMMENDATION FOR -1217194 P/C MEETING: Approval as presented. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 DAVID R. GEHR EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER October 31, 1994 RESIDENT ENGINEER TELE(703)984-5600 FAX(703)984-5607 Mr. Steve Gyurisin C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Steve: Ref: Stonewall Industrial Park Route 861 Frederick County We have reviewed your proposed subdivision of Parcel No. 43 in the referenced development and offer the following comments: 1. The approved site plan prepared by your office includes a drainage easement along the front and west side of the property. 2. The approved site plan also indicates McGee Road has a 60' right-of-way. Is the 80' shown on the plat for the cul-de-sac area only? Once these items have been addressed, please resubmit the plat for signature. If you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer Itz'4 By: Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf T V Enclosure xc: Mr. S. A. Melnikoff ; Mr. R. W. Watkins a Mr. Tom Gilpin c{1 TRANSPORTATION FOR THE 21 ST CENTURY APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date:October 24 1994 Application #: L, ;�-(*) Fee Paid Applicant/Agent: Mr -Stephen M. G urisin Address: 200 North Cameron Street Winchester Virginia 22601 Phone: 703-667-2139 fax 703--665-0493 Owners name: Lenoir City Company of Vircrinia Address: PO BOX 1657 Winchester Va. 22604 Phone: 703 678-1110 Please list names of all owners, principals, and/or majority stockholders: Mr. Tom Gilpin Contact person:__. Stephen M Gvurisin Phone: 703 667-2139 Name of Subdivision: Lenoir Cit ComDany of Vircrinia Number of Lots: Total Acreage: 48.834 Acres Property Location: Stonewall Industrial Park - located at the end of McGhee Road (Give State Rt.#, name, distance and Magisterial District: Gainesboro Property Identification Number (PIN): direction from intersection) 13 43-( (19))-2 anL43 * •.41 Property zoning and present use:M-1 Industrial and Vacant Adjoining property zoning and use:M-1 Industrial and Vacant Has a Master Development Plan been submitted for this project? Yes XX No If yes, has the final MDP been approved by the Board of Supervisors? Yes XX No What was the MDP title? Stonewall Industrial Park Does the plat contain any changes from the approved MDP? Yes No XX If yes, specify what changes. N/A Minimum Lot Size (smallest lot):N A Number and types of housing units in this development: Number: N/A Types: N/A j � - �(x�B�5�9`�� • I � -N- \ SIDE r 11 716 Ap SCALE: 1Y =2000F APPROVED BY Virginia Department of Transportation Planning Commission Subdivision Administrator Frederick County Sanitation Authority 1, I 1 BM 70 �. INTERC Date _ Dote _ Date Dote — 6�C NGE 82. OWNERS' CERTIFICATE The above and foregoing Minor Subdivision of the fond of Lenoir City Company of Virginia, a Virginia Corporation, as appears in the accompanying plat, is with the consent and in accordance with the desires of the undersigned owners, proprietors and trustees, if any. NOTARY PUBLIC 11 , a Notary Public in and for the state of Virginia at large, do certify that and whose names are signed to the foregoing Owners' Certificate, have acknowledged the some before me in my state. Given under my hand this day of My commission expires 1994. SURVEYOR'S CERTIFICATE l hereby certify that the land contained in this Minor Subdivision is a portion of the land conveyed to Lenoir City Company of Virginia, a Virginia Corporation, by deed dated 1 January 1968, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 344 at Page 235. JM 43 (09)) Pcl 2 Zoned: M-1 Douglas C. L g L. S. Use: Vacant Final Plat for IM 43 ((19)) Pcl 43 Zoned M-1 MINOR SUBDIVISION Use: uacont Of The Land Of of Len odr City Company of Goirlesboro Magisterial District L� Plat: MS-SUP.dwg Frederick County,9 Vr inia CERTIFICATE N DATE: 20 October 1994 Cover Sheet Sheet 1 of 2 `0 1197 a y� Z i gilbert w_ clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C Olde Greenwich Drive SURVEYOR Fredericksburg, Virginia 22401 200 North Cameron Street (703) 898-2115 Winchester. Virginia 22601 (703) 667-2139 Pd 2 41.88 Acres Lenoir City Company of Virginia McGhee Road 60' R/W R = 75.00' L = 82.25' t J 1r 1 1 P ny o iginio (Remainder) V- 75' B.R.L. �� (Remainder) Zoned- M-1 N 16 08'05 " E Zoned. M-1 Use. Vocan t 250.00 r / \ Use. Vocan t 20' Drainage Esm't Dc� j Grand Property Parcel 43 If" 69540 AcresZoned: M-1 Zoned. M-1Use: Warehouse Use. Vacan t h �/1�� \ - � ` \`ls• � v V` oG S X� 9% Paul D_ Muldowney, et al �a Q j ✓ 5 Zoned. M-1 o Use: Industria! MINIMUM SETBACK REQUIREMENTS: Front = 75' Rear = 25' Side = 25' Pc/ 2 41.88 Acres Lenoir Cit Com o f I/"- NO TES: 1. No title report furnished. 2. Easements may exist that are not shown. 3. Iron rods found or set at all property corners. 4. Lots are subject to a 10' Drainoge & Utility Easement along all property lines and along all rights-of-way. TM 43 ((19)) Pc! 2 Zoned. • M-1 Use: Vocan t TM 4,5 ((19)) Pcl 43 Zoned- M-1 Use. Vocan t Revised 7 November 1994 \-N H 1, E C3 CERTIFICATE O. �. U 1197 7" LA D SURVEYOR_ 0 loo 200 ,00 Graphic Scale in Feet 1 -=200' Finol Plat for MINOR SUBDI VISION Of Ti, Land Of Len oir City Company of Virwlnia Gainesboro Magisterial District Plat: MS-SUP.dwg Frederick County, Virginia DATE: 20 October 1994 SCALE: 1"=200' Shet3t` 2 ,of '2" gilbert w_ Clifford & associates, ihC' ., ENGINEERS - LAND PLANNERS - SURVEY'0 -& 1 LCL 150—C Olde Greenwich Drive - ul._Z,7� Fredericksburg.treet Ar Inla 22401 200 or Cameron 2601 9 Winchester, Yrginia 22601 (703) 898-2115 (703) 667-2139 TO: FROM: SUBJECT: DATE: MEMORANDUM Planning Commission Wayne Miller, Zoning Administrator COUNTY of FREDERICK Department of Planning and Development Proposed Subdivision, M. Willis White November 29, 1994 703 / 665-5651 Fax 703 / 678-0682 In conjunction with their estate planning, Mr. M. Willis White, on behalf of his parents, Mr. & Mrs. C. Ridgely White, is requesting permission to create a minor rural subdivision that does not meet current ordinance requirements. Exceptions to the subdivision ordinance can be approved by the Board of Supervisors following a recommendation by the Planning Commission. The requested exception is to allow the division of the land as depicted on the attached plat. The issue is not the permitting of reduced setbacks but one of allowing division of land that will result in reduced setbacks. There are two houses on the property and this proposed division will result in the houses being located on separate tracts. Because of the location of the houses, it would be impossible to divide the land so as to put the houses on separate tracts and not have reduced setbacks. STAFF RECOMMENDATION• Approval as requested. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 November 11, 1994 Willis White 603 S. Loudoun St. Winchester, VA 22601 Attn.:: Mr. Wayne Miller Frederick County Planning Dept. Winchester, VA. Frederick County Planning & Development, On behalf of Mr. & Mrs. C. Ridgely White I am requesting a reduction of set back requirements from proposed easement. Proposed easement is necessary in order for us to divide 11.008 acres off from existing farm. Farm parcel is identified as tax map number #53-A-92 Easement is necessary to allow an access for existing house on parcel #53-A-90. We are asking for a thirty two foot (32') set back reduction from house # 180 on proposed 11.008 acres. We are also asking for a twenty two foot (22') set back reduction from house # 175 on parcel #53-A-90. Set back reduction requests are for the purpose of estate planning. Please review and foreword our request to the Frederick County Planning Commission and the Frederick County Board of Supervisors. Thank you for your attention to this matter. Sincerely, M. Willis White �I 7G ICD LO ►i /VS R R� 299 - 299 V :2 96,6 . .98. A( 54 0 29 - / J 3 c;/5 //.008 ACRES tD , � W i 2 lit 2 vu Y p � F^U a U Z W � c LL (o cvjO M � fn Q tf' tD , � W i 2 lit 2 vu Y p � F^U a U Z W � c LL Candy Hill Campground yds (M.H.P.) J 88 x 2 pts. 1 ro d - r92 3 pts IN BM 782 92 �3pts. -qNQ Q) p oc v C Coro or \� to 31 27 2s 3 29 20 0 zs z1 7�/� 2� tg / 7A 17 16 O n ) rp R4 1306 ew. nce. t 13 O 2 " 1:\\cu ,QY 3" 10 0 ^� 11 �h O Q 3 ti 4 6A CO BM 782 92 �3pts. -qNQ Q) p oc v C Coro or \� to PC REVIEW: 12/07/94 MASTER DEVELOPMENT PLAN 007-94 SARATOGA MEADOWS LOCATION: The property is located on the south side of Senseny Road (Route 657), approximately 150 feet west of the intersection of Senseny Road and Greenwood Road (Route 656). MAGISTERIAL DISTRICT: PROPERTY ID NUMBER: Shawnee 55-A-195 & 54 -A -125A PROPERTY ZONING & PRESENT USE: PIN 55-A-195: Zoned RA (Rural Area) Current Land Use: vacant PIN 54 -A -125A: Zoned RA (Rural Area) Current Land Use: residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) - farm use; RP (Residential Performance) - residential PROPOSED USE: Single family detached traditional housing REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to preliminary master plan. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Fourth Edition for review. Before starting any construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. To accommodate future improvements to Route 657, we recommend a minimum 10' wide right-of-way dedication be provided along the entire property frontage. Sanitation Authority: No Comment. Inspections Dept.: Building shall comply with the Virginia Uniform Statewide Building Code and Section 310 Use Group R (Residential) of the BOCA National Building Code/1993. Fire Marshal: 1) Post temporary street signs when construction begins. 2) Post temporary street addresses when home construction begins. 3) Maintain access for emergency vehicles at all times during construction. 4) Burning of construction debris on site is prohibited. County Engineer: The preliminary master development plan for the proposed Saratoga Meadows is approved as submitted (October 21, 1994 plan). A detailed review will be performed on the subdivision plan. It is anticipated that 2 storm water detention facilities will be required to accommodate the increases in storm runoff. These facilities shall be designed to contain the post 10 year storm and release only the 2 year predevelopment storm. Planning & Zoning: The proposed preliminary master development plan calls for the development of 42 single family detached traditional lots on 19.447 acres. This creates an overall gross density of 2.16 dwelling units per acre which complies with the requirements of the Zoning Ordinance and meets the intent of the Comprehensive Plan. The minimum lot size within the proposed development is 15,000 square feet; therefore, common open space and recreational facilities are not required. The topography of the site is gently rolling and does not contain steep slopes, flood plains, sink holes, ponds, or woodlands. There is an existing vegetative area that separates the rear of this property from the existing Greenwood Heights Section III subdivision; however, the mature hardwoods and cedars do not meet the definition of woodlands as specified in the Zoning Ordinance. Staff has identified specific issues that warrant discussion. These issues regard the existing dwelling, road efficiency buffers, storm water management areas, the extension of sanitary sewer, and future deeds of dedication: 1) Existing Dwelling: A single family detached dwelling unit exists on parcel number 54 -A -125A. The applicant plans to include this house within Saratoga Meadows; therefore, this unit will be one of the 42 proposed lots. The lot that will be created for the existing unit will need to meet the required setbacks specified in the RP Zoning District. 2) Road Efficiency Buffer• The Functional Classification Plan and the Eastern Road Plan designate Senseny Road (Route 657) as a major collector. The Zoning Ordinance requires all residential structures to be separated from this type of road by a road efficiency buffer. These requirements permit access roads that will serve other properties to traverse the buffer area. Therefore, the proposed location of Saratoga Drive does not create a problem. The applicant needs to identify the type of road efficiency buffer that will be used (full or reduced), as well as provide the location and description on the final master development plan and all final subdivision plats. 3) Storm Water Management Areas: The proposed plan indicates that there will be two areas designated for storm water management. These areas appear to currently function as natural retention areas. Natural retention areas are permitted to be replaced by artificial storm water facilities provided that the total storage capacity of the site and the drainageways are maintained. Staff believes that the location of the proposed storm water management facilities needs to be indicated and described on all subdivision plats that will adjoin these areas. Off-site improvements to the Riggleman property will have to occur in order to create a functional storm water management system in the southern portion of this site. This is necessary to ensure that the storm water will be able to reach the corrugated metal pipe that goes under Greenwood Road (Route 656). Staff believes that a note needs to be placed on the plan that describes the off-site improvement. Staff also believes that the applicant needs to provide Frederick County with a signed, legal agreement between the two property owners that documents this improvement. 4) Sanitary Sewer Extension: The proposed plan indicates that an 8" sanitary sewer line will be extended off-site and will intercept a manhole along Greenwood Road (Route 656). Statements need to be placed on the final master development plan concerning the connection with and the availability of the existing facility. Staff believes that similar notes and legal agreements as described under issue #3 need to be provided for this off-site improvement. 5) Deeds of Dedication: Section 144-32 of the Frederick County Subdivision Ordinance requires the creation of a property owners association for the continuous maintenance and management of all common areas, easements, storm water management facilities, and dedicated facilities associated within an approved subdivision. Staff believes that it is important to understand this requirement at this phase of the planning process. Subdivisions that do not have common open space or recreational facilities still contain drainage easements and storm water management facilities that require maintenance. This is accomplished by the residents of the proposed subdivision; not by Frederick County. STAFF RECOMMENDATIONS: Approval provided that the pending rezoning application is approved by the Board of Supervisors and that the applicant adequately address all issues presented by staff, as well as all comments and concerns of the Planning Commission and the Board of Supervisors. APPLICATION MASTER DEVELOPMENT PLAN Frederick County Virginia Date: Application OWNERS NAME: _ )per LeS S. )UNE �. S ttrz,E�k. (Please list the names of all owners or parties in interest) APPLICANT/AGENT: CD MOF -M W AUS , �C Address: q10 f644eq_ Lq&G U) i M +eP-VR _ , V A . Z7.6aZ Daytime Phone Number 6 2,- 416 S DESIGNER/ DESIGN COMPANY: _Sah&E AS A130L) Address: Phone Number Contact Name PRELIMINARY MASTER DEVELOPMENT PLAN CHECKLIST; ' The following checklist is intended to assist the applican.9 Z insuring that all required information is provided or is available to allow review by the County. This form must be completed by the applicant and submitted with the preliminary master development plan. All required items must be provided on the PMDP. Background Information: 1. Development's name: SARAATOGA MEAPoWS 2, Location of property: GWTaf=�pM &,nE oi;: 2r, (flS7i ISO Fr. WR -Sr OP 2r. bs(o 3. Total area of property: ) 9. 447 AG. 4. Property ID # (14 Digit) E55 -L82 -M6 5. Property zoning and present use QA - \/ACAN r Fi - dnMAAE2X1gL. 6. Adjoining property zoning and present use: RA - FAeM USE 2P-(P-ESQr)P-NT1aL- 7 . Proposed Uses: S) rdQL e PAW Ly-herAC,i'1W 8. Magisterial District: S} AWNEC 9. Is this an original or amended Master Development Plan? Original V/ Amended General Information: 1. Have the following items been included? North arrow Scale Legend Boundary Survey Total Area Topography Project Title Preparation and Revision Date Applicant's Signed Consent Statement 2. Number of phases proposed? Q NS, Yes ✓ No Yes ✓ No Yes No�— Yes No Yes No Yes No Yes= No Yes ,/ No Yes= No 3. Are the proposed phases shown on the Mastyr Development Plan? Yes No 4. Are the uses of adjoining properties clearly designated? Yes \/ No 5. Is an inset map provided showing the location of the project and all public roads within 2,000 feet. Yes J No 6. Are all land uses clearly shown? Yeses/ No 7. Are environmental features clearly shown? Yes / No 8. Describe the following environmental features: Total Area (Acres) Floodplains p Lakes and ponds p Natural retention areas p Steep slopes ' (15% or more) p Woodlands n 9 % Disturbed Acres in by development Open Space 9. Are the following shown on the master development plan? Street layout Yes -,/ Entrances Yes No Parking areas Yes No Utilities (mains) Yes No'<� 10. Has a conceptual stormwater management Blan been provided?, Yes No V 11. Have all historical structures been identified? YesNo Residential Uses If the Master Development Plan includes any land zoned RP, (Residential Performance) or any residential uses, the following items should be completed. 1. What numbers and types of housing are proposed? 42 9jmG(-F— M I LU T�1C } 1 �D �2 A D (TIO d.l ►'� L. 2. Is a schedule provided describing each of the following in each phase: Open space acreage Yes No Acreage in each housing type Yes No Acreage in streets and right of ways Yes No Total acreage Yes No Number of dwellings of each type Yes_No� 3. What percentage of the total site is to be placed in common open space? No n1G 10 t 1. 4. Are recreational facilities required? Yes No 5. What types of recreational facilities are proposed? ;; �w 5IV 6. Are separation buffers required? Yes No ✓ 7. Are road efficiency buffers required? YesNI No 8. Are landscaping or landscaped screens required? Yes No 9. Are required buffers, screens, and landscaping described by the plan with profiles or examples? Yes No 7 F04 ADJOINING PROPERTY OWNERS ' Owners of property adjoining the land will be notified, o'er the•-publiC hearing. For the purpose of this application, adjoiningz�praperty`is ani property abutting the requested property on the side or -"rear or ani property directly across a road from the requested property. Tht applicant is required to obtain the following information on each adjoining property including the 14 digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. NAME r,Foe-6E E. W PAaEf Address ZZZ 2oSSUM LAKE W1W_H-FSte0- V4. Z2_16CZ Property ID# �Sq—((_-7))-9 k�a-r141 S. KESS Address 916 �2t?ENc+O'oo_� Co. 1, Kc�TRA_ V4, ZZ/ooZ Property P Y ID# Cosa -((-7))-7 �O ycr L, i3eOwN Address S Cnd(_).bqE 2n, a54z8 Property �il LISA S . MU2pµy Address g38 (o$EV_A 4bM 2DW1 kiC4E,2*iZ_, VRI. ZZ60Z Property ID#&Sq -(( 7)) —5 Caq�W. I(_UJ F"V- Address 9<q(, 6ejP_"L9oa fZb. LO►RCWZTfr � Vf1, ZZhOZ Property ID# GSA -((-Z))-4 001tp <, f MALOKL G S2 Address (46S 6RkEMCO"r, (2D, VS INCNIGSTJ QL �A, 2Z0dz Property ID# 6S.447))-3 ( Sa4AG 14. 'DUMCAAI .)2-• Address 9G4 r,,pe�(Ooap WrMCU4aT" SVA_, Z7Zh0Z Property ID#(DSH _((1)�_� MA2T IN 2. C3rTr� [ , �AoD(�,SoQ Address 9 64- (�2E.� UU�opp �2A_ U/ 1 AA(AesTrrip- Property ID# (o5A -((7))- ( 6 LULr­� 4. LELk) tS Address C) &0 G2EEkqJ0a0 21). W,Hct�ESrEC \)A. Property ID# L)Ee,QA B. � 2013e2T S. 40 SoM -T-E Address 4p40 rorZF_j2M,4Joo0 QD. W,ucl SlE2 1%Q• 22460Z Property ID# 13 NAME 'SAND2A +AMI'�2DSrc Address j(D90 Se,vSENy (2x�, I�iNE�iEYf�F,Ctil�j 2Z�OZ Property ID, (0 EDGAR- PRAKIL.Uy 2L Gr- F -MAN Address Z33z USECLMu36i pjvZ W,KCKzsTlaL qA. ZZ6o3 Property IDS a G2.rC&IWOoD 4 Ctc-A4M SFiT SL P2oaeeq Oomcvz Assoc- , I NC. Address 1854 M6AbcvjS r- De. W mem 4eStfc&, )A-. 2-2601 Property IDk (p5 E - CC -7))- OPEN �pP�E TI�fc2GSA �, CAMPf3F LL. Address LOG MEADOto\I1Emn (21-. VA,. 22loO7, Property JO 1-1 N E Mt TC I+ C- LL- Address ZT- 1 Soy G" SWF MORT- VAS. ZZo.I Z Property IDk 6 S E -( -7)) - 5-4S ,SoSEPtt 1L, CU (ZTi Ni Address [ko M �oulvlFcl� Cr Wi&A(KEgTk, !A-• ?-2loOZ Property IDk 6 G -(C7)) - S- ReBC-:CCA W. CwU)Srz-2. Address I b30 McAb"\41" (2 , Wi Nci4ev llaz 1iA. Zz�oZ Property IDk (050-1-7))-S-43 )ZOC3�iLT S, 4(3 Address 1 t 4 MEADOW VIt✓W CT WINCh► SIV -JL VA- ?-ZlOo2- Property IDk (oSE-(Ci))- S- 4Z - AN 0, CONNifc N• 13AUSE2Mary Address 11� MEAOo��i7 eT� 6lirNcSt$�Q�A�• 2260-. Property IDk 5- 41 Ti MOTN� A. 71 NStAAM Address 11 e> MEA DC)LOUcot�_ 0r. U3,kv4eSTu VAs. 22boZ Property ID,O (os E -((7)) - S -4O Ovuwrzzt PA2K 4(WE(Mk)NeCS Assoc, Address �� c� boxSZS Wjmc++ESTEk q4. 21-4,03 Property ID,' SS p -(( 2)) - 39 A "A TNO r\pks 0, GLA &�, Address G4--1 1�p ST. CC1at2 De. w, KiC-4ES1CfL VA,, 22bo Property IDS 5S-C(_A)) - 1 94 14 9 a I See 55 -(A) -196r 7 6 -� 39 5 X140 42 1� 4 3 2 1!" 41 43 n 2 A250-458 3 41 f 1B See 4 Jj42, 43 18 M ) 1 � ea o w1Q�k � 19 0 47 6 38 � 20 37 LJ 35 'A S3 0v49 �7 32 21 3, 29 (] � 36 6 22 35 23 34 24 2B Sec � C3� * 33 25 Location Map for Saratoga Meadows PIN: 55-A-195 Master Development Plan File # 007-94 7 rn N c0 6 I 25 j 19 5 1 1 24 C 23 "c.7 5 p 4 18 6 1 2 4 A S i2 CO G 13 12 4 3 22 3 17 16J 7 3 LnQ z �� 14 11 \ \ 2 74 15 10 9 L 2 21 115 P 58 16 a 8 ,n --S 1 17 1 � 20 L 8 1 19L II2D L� 21 — 22 23 24 co L O M 57 17 � a 18 y 7 w 6 to 19 b _ 1 19 4 N LO L 205 21 4 9 16 15 14 13 11 \12 28 27 26 25 N N 26 22 3 2 5 10 29 125 If u� f to � 25 24 23 1 4 9 30 `t `n "' 3433 M 3 31 30 29 28 27 12 A $ 31 2 1 e �^j 3 Ats. 3 7 7 4 3 Um LOLc1 Q V CO t 6 / �� o rn Rt. 657 198 Senseny Road 195 9A�8Pr 125A 9 a I See 55 -(A) -196r 7 6 -� 39 5 X140 42 1� 4 3 2 1!" 41 43 n 2 A250-458 3 41 f 1B See 4 Jj42, 43 18 M ) 1 � ea o w1Q�k � 19 0 47 6 38 � 20 37 LJ 35 'A S3 0v49 �7 32 21 3, 29 (] � 36 6 22 35 23 34 24 2B Sec � C3� * 33 25 Location Map for Saratoga Meadows PIN: 55-A-195 Master Development Plan File # 007-94 & 54-A- 125A PC REVIEW: 12/07/94 PRELIMINARY MASTER DEVELOPMENT PLAN 00$-94 WESTMINSTER CANTERBURY revised LOCATION: The property is located on Westminster Canterbury Drive off of Route 522. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53 -A -63A; 53 -A -63B; 53-4-3-J; 53 -A -52B PROPERTY ZONING ,& PRESENT USE: Zoned RP (Residential Performance) Current Land Use: residential ADJOINING PROPERTY ZONING & USE: RP (Residential Performance) - residential Current Land Use: vacant B2 (Business General) - Current Land Use: vacant PROPOSED USE: Completion of residential cottages REVIEW EVALUATION• Virginia Dept. of Trans ortation: Since the proposed development will be accessed from a private street and all planned streets are to remain private, this agency has no comment. Sanitation Authority:,No Comment. Inspections Dept.: Building shall comply with the Virginia Uniform Statewide Building Code and Section 310 Use Group R (Residential) of the BOCA National Building Code/1993. Other codes that apply are titled 24 Code of Federal Regulation, Chapter 1; Fair Housing Accessibility Guidelines, Sections 2 through 5; 56 F.R. 9499-9515. Please note: Table 707.1, fire and party wall fire resistant rating. Please submit engineering information and details for sewer pump. Fire Marshal: Hydrant located too far from curb line. City of Winchester: No comments. Engineering: We do not have any specific comments at this time. A detailed review will be made at the time of the subdivision plan submittal. The existing stormwater management plan will be reviewed in conjunction with the proposed development. PLANNING & ZONING: A master development plan was approved for Westminster Canterbury on August 14, 1991. The approved plan called for the construction of twenty (20) duplex units. Prior to the MDP approval on August 14, 1991, the Westminster Canterbury facility consisted of an existing residential complex which was constructed before the current MDP requirements. The applicant has submitted a revised master development plan for this project. This revision calls for 6 additional duplex units. Lot Area Per Unit: The Zoning Ordinance contains various square footage requirements for duplex units based on the number of bedrooms in each unit. Although the applicant indicates that they do not intend to subdivide, some information needs to be provided to show that these square footage requirements are being met. Stormwater Management: The previous MDP contains a stormwater detention facility. It appears that the proposed residential units will increase stormwater runoff. The County Engineer will have an opportunity to review detailed stormwater management plans during the site plan process. Access To Proposed Residential Units: In comments provided in the previous MDP, staff was opposed to the location of the connection to the existing Westminster Canterbury parking lot. The curve where the road intersects the parking lot appears to be the least desirable location for such a connection. The proposed duplex units will be accessed through this least desirable road connection. Planning For Future Development: The nature of this project site requires that the MDP reflect any proposed development. Presently, 40.5 acres (84.9%) of this site does not contain any future development proposals. If future development is planned for any of this area, it would be beneficial to include it on this MDP revision. Otherwise, future development proposals will be required to again revise the MDP as part of the development review process. Including any future development proposals on current MDP revision will eliminate the need for additional MDP revisions, saving the applicant the time and the costs of the MDP review process. Miscellaneous: The following items need to be present on the plan: 1) A North arrow. 2 ) The topography on the MDP should be displayed at acceptable contour intervals. 3) The use of all adjoining properties and the names of the associated property owners. 4) The approximate acreage in common open space, in each use and housing type, and in roads, streets, or right-of-way for the total development. 5) The location of all environmental features within open space areas and areas to be disturbed. 6) The amount, appropriate boundaries, and location of common open space, with the percentage of the total acreage of the site to be placed in open space. STAFF RECOMMENDATIONS FOR P/C MTG. OF 12/07/94- Approval, contingent upon all staff and review agency comments being met. APPLICATION MASTER DEVELOPMENT PLAN Frederick County Virginia Date: NoxJobz-=-� Application co A^�s OWNERS NAME: Shenandoah Valley Westminster -Canterbury (Please list the name of all owners or parties in interest) AGENT: Gilbert W. Clifford & Associates Inc Address: 200 N. Cameron St, Winchester Va. 22601 Phone Number: (703) 667-2139 DESIGNER/DESIGN COMPANY: same Contact Name: Sternen M. Gvurisin r� Date: NoxJobz-=-� Application co A^�s OWNERS NAME: Shenandoah Valley Westminster -Canterbury (Please list the name of all owners or parties in interest) AGENT: Gilbert W. Clifford & Associates Inc Address: 200 N. Cameron St, Winchester Va. 22601 Phone Number: (703) 667-2139 DESIGNER/DESIGN COMPANY: same Contact Name: Sternen M. Gvurisin PRELIMINARY MASTER DEVELOPMENT PLAN CHECKLIST 9 _ '' fir. rf'�' �Y'}<J'\• �N; i Nr-21 t:N, The following checklist is intended to assist the applicant in insuring that all required information is provided and to insure that all information is available to allow review by the County. This form must be completed by the applicant and submitted with the master development plan. All required items must be provided on the master development plan. Background Information: 1. Development's name: Westminster -Canterbury Cottages Acres 2. Location of property: Westminster -Canterbury Drive off Route 522 3. Total area of property: 65.0 Acres 4. Property ID # (14 Digit): 53 A 63A;53 A__63B;53 4 3 J;53 A 52B 5. Property zoning and present use: RP zoning; residental use _(one parcel is being rezoned to RP concurrent with MDP) 6. Adjoining property zoning and present use: RP - residential use; B2 - undeveloped; RP - undeveloped 7. Proposed Uses: Completion of residential cottages as planned 8. Magisterial District: Gainesboro 9. Is this an original or amended Master Development Plan? Original Amended XX General Information: 1. Have the following items been included? North arrow Yes No Scale Yes _X_ X_ No Legend Yes—.X_ No Boundary Survey Yes No Total Area Yes_X_ _X_ No Topography Yes No Project Title Yes_X_ _X_ No Preparation and Revision Date Yes—X— No Applicant Name Yes—X— No 2. Number of phases proposed? ONE (1)- As Planned 3. Are the proposed phases shown on the Master Development Plan? Yes No—X- 4. oX 4. Are the uses of adjoining properties clearly designated? Yes—X— No 5. Is an inset map provided showing the location of the project and all public roads within 2,000 feet. Yes—X— No 6. Are all land uses clearly shown? Yes—X— No 7. Are environmental features clearly shown? Yes—X— No 8. Describe the following environmental features: Total Area % Disturbed Area in Open Space Floodplains Lakes and ponds Natural retention areas Steep slopes (15% or more) 10.6 3.8 Woodlands 37.0 10.1 Common Open Space - 40.5 acres/84.9% 10. Has a conceptual stormwater management plan been provided? YeS_X_NO 11. Have all historical structures been identified? Yes X No Residential uses If the Master Development Plan includes any land zoned RP, (Residential Performance) or any residential uses, the following items should be completed. 1. What numbers and types of housing are proposed? 6 Duplex Residential Homes 2. Is a schedule provided describing each of the following in each phase: Open space acreage Yes X No Acreage in each housing type Yes X No Acreage in streets and right of ways NA X No Total acreage Yes X No Number of dwellings of each type Yes X " NY9. Are the following shown on the master development plan?4'27 Street layout Yes—X— No Entrances Yes—X— No Parking areas Yes X No Utilities (mains) Yes X No 10. Has a conceptual stormwater management plan been provided? YeS_X_NO 11. Have all historical structures been identified? Yes X No Residential uses If the Master Development Plan includes any land zoned RP, (Residential Performance) or any residential uses, the following items should be completed. 1. What numbers and types of housing are proposed? 6 Duplex Residential Homes 2. Is a schedule provided describing each of the following in each phase: Open space acreage Yes X No Acreage in each housing type Yes X No Acreage in streets and right of ways Yes X No Total acreage Yes X No Number of dwellings of each type Yes X No 3. What percentage of the total site is to be placed in common open space? 84.9% 8. Are landscaping or landscaped screens required? Yes No X 9. Are required buffers, screens, and landscaping described by the plan with profiles or examples? Yes No 10. Are any of the following bonus improvements proposed to be used? Recreational Facilities Yes No X Energy Conservation Yes No X Pedestrian or Bikeway System Yes No X Underground Utilities Yes No X Street Design Yes No X 4 Are Z. '`��� . recreational facilities required? Yes No X 5. What types of recreational facilities are proposed? The proposed develoment will utilize existing Westminster -Canterbury facilities 6. Are separation buffers required? Yes No X 7. Are road efficiency buffers required? Yes No X 8. Are landscaping or landscaped screens required? Yes No X 9. Are required buffers, screens, and landscaping described by the plan with profiles or examples? Yes No 10. Are any of the following bonus improvements proposed to be used? Recreational Facilities Yes No X Energy Conservation Yes No X Pedestrian or Bikeway System Yes No X Underground Utilities Yes No X Street Design Yes No X 11. How many bonus factors have been earned? 12. How will the bonus factors be used? ADJOINING PROPERTY OWNERS y Owners of property adjoining the land will be notified of."the�,. / public hearing. For the purpose of this application, adjo'i'n'in'g-1z') property is any property abutting the requested property or,ti_he side or rear or any property directly across a road from quested property. The applicant is required to obtain the follow- ing information on each adjoining property including the 14 digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name: Thomas J. & Shirlev J. Place Address: 1109 Hickory Street Winchester Va 22601 Property I.D.#: 53A 2 D 9 Name: Elton R. Fahnestock Address: 1107 Hickory Street Winchester, Va 22601 Property I.D.#: 53A 2 c 18 Name: Kenneth J. & Satoka Catlett Address: 1115 Oak Street Winchester, Va 22601 Property I.D.#: 53A 2 C 8 Name: Richard H. & Mildred I. Fo le Address: 1108 Oak Street Winchester, Va 22601 Property I.D.#: 53A 2 B 4 Name: Foster L_ Couchman Address: 1508 Darlington Drive Winchester, Va 22601 Property I.D.#: 53A 1 A 7 Name: Wayne J. Peacemaker Address: 1067 _North Frederick Pike Winchester, Va 22601 Property I.D.#: 53A A 7 Name: Tudor S uare Homeowners Association Address: 11 South Cameron Street Winchester Va 22601 Property I.D.#: 53D 2 94 A/B a, Name : Katherine P. Weber Address: 8301 Robev Avenue Annandale Va 22003 Property I.D.#: 53 A 53 Name: Linden B. & Colleen F. Unger Address: Rte. 2 Box 876 Winchester Va 22601 Property I.D.#: 53 A 62 Name: Vallev Proteins Inc Address: Rte. 2 Box 156 Winchester Va 22601 Property I.D.#: 53 A 63 Name: Russell K. Heitt Address: 900 Autumn View Lane Winche ter Va 22601 Property I.D.#: 53 A 61A Name: Russell 0. & Ann B. Hiett Address: 930 Autumn View Lane Winchester Va 22601 Property I.D.#: 53 A 61 Name: Walter L. & Marjorie K. Pugh Address: 354 Wood Avenue Winchester Va 22601 Property I.D.#: 53B 4 1 Name: North Frederick Realty Address: 11 South Cameron Street Winchester, Va 22601 Property I.D.#: 53B 4 20,2,3,4,5,6 ~' *Name : Kimberly d. & Isaac A. Keith Address: 617 Old Fort Road Winchester, Va 22601 �`�,� I I,�* �Y,+/ Property I.D.#: 111 3 C 17 *Name: Pota Anton Address: 610 Old Fort Road Winchester, Va 22601 Property I.D.#: 111 3 E 16 *Name: William D. Willis Address: 606 Old Fort Road Winchester Va 22601 Property I.D.#: 131 6 E 15 *Name: Hans Von Payr Address: 540 Marion Street Winchester, Va 22601 Property I.D.#: 131 6 E 14 *Name: Charles P. Rodgers Address: 536 Marion Street Winchester, Va 22601 Property I.D.#: 131 6 E 13 *Name: Dennis McLoughlin Address: 532 Marion Street Winchester Va 22601 Property I.D.#: 131 6 E 12 * DENOTES PROPERTY IN CITY OF WINCHESTER *Name: Thomas C. Gibbs Jr. Address: 528 Marion Street Winchester Va 22601;=': Property I.D.#: 131 6 E 11A �y t `✓ 1 *Name: Herbert A. Wood, Jr Address: 520 Marion Street Winchester, Va 22601 Property I.D.#: 131 6 E 9 *Name: Valley Proteins, Inc Address: Rte. 2, Box 156 Winchester Va 22601 Property I.D.#: 132 1 4 * DENOTES PROPERTY IN CITY OF WINCHESTER James Wooc 22�i High School Rt. 739 NE...,RO IDISTRICT G1entQWbe�` 2 52B 227-102 ry M A �61 R6 Tj� 299 mow- j 6'-a 60 i _63A� rN1 M 63 �I Sccle in Feet 300 600 900 ',ocation Map for Westminster PIN: 53—A -63A, 53—A-63 195 r� 53—A -52B, 53-4-3—J 195A +. B ne 42 $ t 43 Q /Genf 41 302-320 44 45 u30�" edOUbt Ln 40 254_ M 257-523 }42 O 35 29 .� r5 Warner St. 32 38 37 27 4 47 263-567 367 26 22 t6 53 6 9 12 t Ln. N 21 51 y0 8 0 — ,•�•1 o g2 52A c 284-2a 257-49.- ti A 1 1-3 6 5 +z of 66 - 2.'> , sze 64 4 - Cor p o, -o te- NE...,RO IDISTRICT G1entQWbe�` 2 52B 227-102 ry M A �61 R6 Tj� 299 mow- j 6'-a 60 i _63A� rN1 M 63 �I Sccle in Feet 300 600 900 ',ocation Map for Westminster PIN: 53—A -63A, 53—A-63 :anterbury Master Dev. Plan 53—A -52B, 53-4-3—J P/C review date: 11/02/94 P/C review date: 12/07/94 REZONING APPLICATION 1008-94 JAMES CARROLL To Rezone 2.81 Acres From RP (Residential Performance) To B2 (Business General) LOCATION: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64A -4-20A, 64A -10-A, 64A -10-B PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance); present use: vacant ADJOINING PROPERTY ZONING & PRESENT USE: RP (Residential Performance), present use: residential and vacant PROPOSED USE: Business and Commercial REVIEW EVALUATIONS: Virctinia Dept. of Transportation: See attached comments dated 09/28/94. Fire Marshal: Hydrants must all be on designated fire lane. (1) Will address specific fire department issues on site plan. (2) Applicant should address fire and rescue impacts based on County's computer model available from Planning Department staff. County Engineer: We have no comments at this time. However, we reserve the right to perform a detailed review at the time of a site plan submittal. County Attorney: No comment. PLANNING: Location: The parcel is located within the Urban Development Area, in close proximity to an interstate interchange. The future land use map within the recently completed report on Frederick County business corridors shows this area of Route 50 as being a business/office use. B-2 zoning would not be out of line with this categorization. Site Suitability: The parcel is relatively level with no steep slopes or other environmentally sensitive features as defined by the County's Zoning Ordinance. Sewer and water are available to the parcel. Potential Impacts: Impacts from the proposed rezoning would not differ greatly from those that would be expected from development under the current RP zoning of the property. The traffic generated under B-2 zoning would be expected to be greater than under RP, however, the difference as a percentage of existing traffic would not be significant. The applicant has proffered that there would be no entrance on Etnam Drive and there would be a total of no more than five entrances to the site. The applicant has not eliminated any of the uses allowed under B-2 zoning. The County's impact model forecasts a net fiscal gain to the County withtheexception of a cost for the unfunded portion of fire and rescue services which is forecasted at $1,947.25. This amount is contrary to the applicant's impact statement which forecasts the cost at $757.00. This difference appears to be in part a result of the applicant generating a per acre cost rather than a total for the entire 2.8 acres. The cost for fire and rescue services under the current RP (Residential Performance) zoning as forecasted by the model is $648.80, with the cost difference being $1,298.45. The applicant has not proffered a contribution to cover this cost. Conclusion: The proposed zoning conforms to the proposed future land use map developed by the Comprehensive Plans and Programs Committee and proposed for adoption as a part of the County's Comprehensive Plan. The County's impact model, however, projects a cost to fire and rescue services which has not been offset by the application. STAFF RECOMMENDA'T'IONS FOR 11/02/94 PC MEE'T'ING: Denial, based on the cost impacts to Fire & Rescue of the proposed zoning. PC ACTION SUMMARY FOR 11/02/94 PC MEETING: The applicant revised their proffer statement to include an increased emergency services payment to Fire and Rescue that matched the County's impact model. The applicant also presented a survey of the four lots proposed to clear up any discrepancy on which lots were involved in the rezoning. 15 residents of the Pembridge Heights Subdivision came forward to speak in opposition. The residents spoke about the heavy traffic in this area and felt the addition of a business at the entrance to their subdivision would only add to their traffic problems. They also felt that the existing access road to Route 50, Custer Avenue (Rt. 781), was inadequate. A petition was submitted containing 199 signatures of residents of the Pembridge Heights subdivision who were in opposition to the rezoning. Mr. James H. Carroll, the property owner, said he had an informal discussion with the Planning Commission at the time Pembridge Heights was being developed, to ask if the Commission would grant him commercial zoning if he gave the developers a right-of-way through his property to Route 50. Mr. Carroll felt that the Commission's feelings were favorable towards rezoning at that time. The Commission felt that traffic was going to be a major consideration at this location and that the intersection at Route 50 and Custer Avenue (Rt. 681) was dangerous. It was noted that the applicant had offered no plans to modify the existing street network. Commissioners pointed out that residential traffic would have to pass through the proposed commercial area in order to get to the residential area. Some Commissioners felt they could support a B1 zoning or a B2 zoning, if intense uses were proffered out; other Commissioners felt it was too late to put commercial zoning here, since most of the homes in Pembridge Heights had already been built and sold. PLANNING COMMISSION ACTION OF 11/2/94- Tabled for 30 days or until December 7, 1994 by unanimous vote. (Mr. Wilson was absent.) COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984-5600 FAX(703)984-5607 VDOT COMMENTS TO REQUEST FOR REZONING - JAMES CARROLL PROPERTY 09/28/94 No objections to the rezoning of this property from RP to B-2. Commercial development of this property along with further development of the Prince Frederick Business Park on the south side of Route 50 could have a significant impact on the adjacent Route 50/781 intersection. Intersection improvements and possible signalization may be required to accommodate additional traffic- The upgrading of Route 781 from Route 50 may also be necessary. Prior to development a complete set of site plans which detail entrance designs, drainage improvements and trip generation from the 1. TE. Mannal, 41h Edition will be required for review. A storm water system will need to be provided to accommodate the existing drainage outfall ditch and easement which crosses the property. Any work performed on VDOT right-of-way must be covered under a land use permit. VDOT Signature and Date: ems` �• `""��'�'"'" xc.- Mr. S. A. Melnikoff Mr. J. B. Diamond (FYI) TRANSPORTATION FOR THE 21ST CENTURY 09/28/94 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Zoning taff Zoning Amendment Number � V , - 9 Date Received BOS Hearing Date I �` 2 PC Hearing Date_ The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name: James H. Carroll c 'o Stephen C uri in Address:-ilbert 4. Clifford k Associates Inc. 200 ei. Cameron Street, Winchester, VA 22601 Telephone: 70 -c6 -21 Fax; 665-0493 2. Representative: Name: Scurle As Above Telephone: 3. Owner: Name:_Jaraes H. Carroll c/o Stephen IM . ."yurisin Address: Silbert W. Clifford -� Assoc., Inc. 200 N. Cameron Street Winchester, VA 22601 Telephone: iO3-667-21 12 The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: James H. Carroll 4. Zoning Change: It is requested that the zoning of the property be changed IM", to 5. Current Use of the Property: V 6. Adjoining Property: PARCEL ID NUMBER 64-Aw-Go00-01130 u4 -A00-0000-00130 c4-404-0000-00200 64A -0010-0001-20A + USE ZONING acant RP Vacant IIP Residential hP Residential RP 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): ApT.,roxi .ately .75 iles east of the City o-' N inches ter at i-81. tw- j- th of R u to 50 east cn R ute 70-1 at Pef%bri :�e hoad . 13 8. Parcel Identification: 14 Digit Tax Parcel Number: 64A 0004 0000 20 A 9. Magisterial District: Shawnee 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: - 2.8132 Acres The area of each portion to be rezoned to a different zoning district category should be noted: _ 2.8132 Acres Rezoned from 1.1 to B-2 Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: fsuckley-Lazes, inc.Arcwnell, In:.. Deed Book Number_308 61 Pages o22/706 12. Proposed Use: It is proposed that the property will be put to the following uses. 5usiness Y rL, jgrria1 13. Checklist: Check the following items that have been included with this application. Location map Plat X Deed to property X Statement verifying taxes paid X Agency Comments X Fees Impact Analysis Statement X Proffer Statement X 14 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Freder,, . County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Fredcrick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledze. Applicant: Owner. Date: ?// /�? 15 INFORMATION TO BE SUBMITTED FOR CAPITAL FACILITIES IMPACT MODEL In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 8 of the application package. The following information should be provided regardless of the type of rezoning: Fire Service District: ;rePnwnoci Rescue Service District: dreenwooa Total Proposed Non -Residential Lots/Buildings: !N/'l The following information should be provided with any residential rezoning: Elementary School District: Armel Middle School District: FredericK C_.unty High School District: Janes Wood Number of Single Family Dwellings Proposed: Number of Townhouse Dwellings Proposed: Number of Multi -Family Dwellings Proposed: Number of Mobile Home Units Proposed: NA The following information should be provided with any commercial/industrial rezoning or with a residential/commercial (P.U.D.) rezoning: Gross Office Square Footage: There axe no specific uses or square Retail Square Footage: foo tape ( axi u n or : inimum ) Restaurant Square Footage: planned at this time. A s to Service Station Square Footage:-!evelopaent plan, in accord with all Manufacturing Square Footage: Zon n.r reg ill at i nns t• i 1 1 be pre: areci Warehouse Square Footage: at t181e of ?evelot,ient. Hotel Rooms: 16 ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 -digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. Name Address and Property Identification 1. Address: 3792 ?- eloJy Lane Ha erstown, [-_D Euwar- x, iIiller, Et Al Property ID: -4000-A00-0000-u1130 2. Address: Rt. 6, Box 203 Ar:icli J. & Dottie Bartley Winchester, VA 226.1 Property ID: 64010-004-0-,00-00200 3. Address: 355 South R,to,-.ac Street w inches ter Lu td•,,or hagerstown, r,, 41610 Advert - Property ID: 64000-A00-0000-001 i) - Address: 130 Etna; 'rive "dwar:. F.,Jr. & r_ay L. Hunt Winchester, VA 2602 Property ID: 64A-0010- 001-20A 5. Address: 127 Etnam Drive James T. IIi & 1-lizabeth D. " .inchester, VA 22602 Harman Property ID: 64A-0 10-0001-183 6. Address: 131 Stnam give :,tichael & Shanncn 'Watson Winchester, Vi: 22602 Property ID: 64A-00 i0-0001-184 7. Address: 133 Etnam i -L ive Jung i:hul & ,a,aie Hong Shin Winche=ter, V, 22602 Property 64A-nijlo-0; of -1 g -.[-D:..- Address: 104 . e�-:bri lge trive co tt It . &Failte r . Clark Winchester, Vii 22602 Property ID: 64A-0010-0001-001 9 Address: 106 e bridge Drive Stephen W. Rhinehardt 6� inchester, VA 22602 Property IIS:64A-001(-0001-002 VA AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Planning Commission December 7, 1994 Board of Supervisors AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #008-94 of JAMES T. CARROLL WHEREAS, Rezoning application #008-94 of James T. Carroll to rezone 2.81 acres, located at the intersection of Custer Avenue and Pembridge Road, in the Shawnee District, and designated by PIN 64A -4-20A; 64A -10-A; 64A -10-B, from RP (Residential Performance) to B2 (Business General); and, WHEREAS, the Planning Commission held a public hearing on this application on December 7, 1994; and, WHEREAS, the Board of Supervisors held a public hearing on this application on 1994; and, WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.81 acres, designated as PIN #64A -4-20A; 64A -10-A; 64A -10- B, from RP (Residential Performance) to B2 (Business General) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: PROFFER (Revised) i�?r t`J;•.. !:3.t;` -,` -'"' CARROLL REZONING REQUEST CASE NO. 008-94 `'`^ `✓ I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There shall be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. 3. The Owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. James H. Carroll Date This resolution was approved by the following recorded vote: Richard G. Dick W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Jimmie K. Ellington James J. Longerbeam Robert M. Sager This ordinance shall be in effect upon its passage. Passed this _th day of 1994. A Copy Attest John R. Riley, Jr. Frederick County Administrator FREDERICK COUNTY, VIRGINIA IMPACT ANAlLYSIS STATEMENT FOR REZONING REVIEW AND APPROVAL OF THE JAMES H. CARROLL PROPERTY Shawnee Magisterial District AUGUST 1, 1994 gilbert w, cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 7 l%3-667 -2139 w Fax: 703-665-04-93 ,. ACTANALYSISSTATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS L SUMMARY 3 IL INTRODUCTION 3 IIL PLANNING ANALYSIS 4 • Site Suitability • Adjoining Properties • Zoning Review IV. TRAFFIC 5 V. SEWAGE 6 VI. WATER 6 VII. DRAINAGE 7 VIII. SOLID WASTE 7 DG HISTORIC SITES g X. COMMUNITY FACILITIES 8 • Education • Emergency Services • Parks and Recreation • Other XI, ENVIRONMENT 9 XII. FISCAL 9 XIII. OTHER 9 APPENDIX 70 IMPACT ANALYSIS STATEMENT for James H. Carroll Property I. Summary 'ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to evaluate the above referenced project in light of several major planning issues, as outlined and required by the Frederick County Board of Supervisors. This document is prepared in support of and in preparation to rezone the referenced property from present Residential Performance (RP) to General Business (B-2). The property is suited for General Business (B-2) zoning. There is a positive fiscal impact. Current zoning requirements allow for adequate measures to provide for buffers and screens that would mitigate any negative impacts to the surrounding neighborhood. Neighborhood traffic impacts have been minimized with proffers limiting entrances. II Introduction The 2.8132 acre property of James H. Carroll is located at the intersection of Route 781 and Pembridge Drive, just north of Route 50 and east, approximately .75 miles, of the City of Winchester corporate boundary at I-81. The property is currently vacant and is divided by Pembridge Drive creating two parcels. Both parcels are identified as tax parcel 64A -0004-0000-20A and are currently zoned Residential Performance (RP). General Business (B-2) zoning is planned for the property. The property is located in the Urban Development Area is part of an interchange business area and is part of a corridor area planned for future business. Preliminary site development planning indicates that this site can support most General Business (B-2) uses while providing adequate protection space for zoning buffer areas. 3 . .'ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H CARROLL PROPERTY AUGUST 1994 III. Planning Analysis Site Suitability - The property has no site specific development limiting factors. The property appears well suited for General Business (B-2) zoning use development based on site evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Soils - The soils are suitable for site development purposes. The USDA Soil Conservation Soil Survey for Frederick County identifies the soils of the property on map sheet 36 as Weikert- Berks channery silt loams. Prime Agricultural Soils.- The property does not contain any prime agricultural soils as identified by the Frederick County Comprehensive Plan. Slopes - There are no steep slopes on this property. The topography is ideally suited for General Business type development. Slopes generally range from 2% to 7% and elevations range from 659 to 678 feet above sea level. Wetlands - There are no wetlands on this property. The property is generally well drained and has no low lying wet areas that wetland vegetation that indicates the presence of a wetland area. Ponds and Lakes - There are no ponds or lakes on the property. Flood Plain - The property is not located within the 100 year HUD designated flood plain as identified in the Frederick County Comprehensive Plan and panel map number 510063- 00115B of the United States department of Housing and Urban Development Flood Boundary map. Adjoining Properties - Development impact concerns are primarily north of the property where single family residential houses are located across Etnam and Pembridge Drives. The impacts of the General -Business (B-2) uses on the surrounding residential uses is greatly reduced through existing zoning distance, setback, buffer, landscaping and screening regulations. A 35' building setback is required, and; in addition, a 50' distance buffer is required with a full screen. A proffer is suggested that restricts entrances/driveways on Etnam Drive and limits the total rturnber of access points to five. ri 1._ ACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 The adjoining property to the north is single family residential detached urban houses part of Pembridge Heights subdivision, zoned Residential Performance (RP). To the east is vacant open land zoned Residential Performance (RP) and currently undeveloped. To the south is State Route 781, and to the west is a mix of older single family, detached residential houses and vacant lots. Zoning Review - The property is currently zoned Residential Performance (RP) allowing by right a variety of housing types. Approximately four to eighteen homes are permitted depending on the type of housing planned. Front yard setbacks, buffers, screens and parking would be required under the RP zoning codes. Driveways for each house would be permitted throughout the property. Under the General Business (B-2) zoning regulations a variety of office and service uses are permitted. Approximately 12 to 15 % or about 18,000 square feet of the site may be used for business structures, the remainder of the property would be used for parking and required open areas such as buffers and storm management. The B-2 floor area to lot ratio is 1.0. The minimum landscaped area is 15% or about 18,000 square feet. The maximum height of any building is 35 feet. Required setbacks are 35 feet. The impacts of the General -Business (B-2) uses on the surrounding residential uses is greatly reduced through existing zoning distance, setback, buffer, landscaping and screening regulations. IV. Traffic Impacts Traffic impacts are negligible for this property. Impacts of vehicular access and turning movements on the residential area north of the property have been removed with the proffer that eliminates all vehicular entrances on Etnam Drive. The estimated 16,500 square feet of retail floor space created by this property will result in approximately 210 trips per weekday of traffic. based on ITE Trip Generation figures. The subject project will not originate trips since trip generation is a function of residential use. By removing the approximate 3 acres of land from residential performance and considering 2.5 dwelling units per acre density for single family, which is the adjacent use, the increase is only 125 trips per day. 5 ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 Most traffic would enter the site via Route 781 and Route 50. The site is ideally suited for access at the junction between Pembridge Drive, State Route 781 and U.S. Route 50. Most of the traffic using the site will use U.S. Route 50 and VA Route 781. The increase on both these roads of 10 trips per hour is negligible. V. Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems with this property. The sewage from this property will connect with the regional interceptor system at Route 50 and be pumped to the Opequon Regional Facility. Flows generated from this complex are estimated by the State Health Department at 3300 (200gpd/1000SF) gallons per day with an instantaneous flow at peak of 6 gallons per minute. All sewage conveyance systems involved have full capability to handle this additional flow, as does the plant have the capability of treating and discharging this flow in satisfactory manor. It should be pointed out that by right, that 7 units of development available on this property under current zoning would produce 3,000 gallons per day of wastewater. VI. Water Supply Impacts There are no water supply or transmission problems for this property. This property would connect to the existing 8" water supply system located in Pembridge Heights. There are no known limitations in the water system which would preclude the use of the property as shown. The property will utilize the same amount of water as projected in sewage flow or 3300 gallons per day. Fire protections measures such as the installation of fire hydrants will be addressed at the site development planning stage. The installation of fire protection hydrants poses no problems. The installation of fire hydrants on the property will improve the fire protection means of the surrounding properties as well. .PACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROL.L PROPERTY AUGUST 1994 VII. Drainage Facility Impacts Proper storm water management planning will result in minimal or no site drainage impacts. The development of commercial in lieu of residential will increase run off in small amounts over that which would be created in residential use. It is recommended that either suitable green space be allowed to reduce run off amounts or that the increased run off would be reduced prior to discharge from the site. In lieu of the above, additional storm water detention calculations should be presented with final design which would show no adverse impacts created by the imposition of this increase storm water on the existing downstream water course. Drainage flows generally toward State Route 781 and Route 50, crossing under Route 50 to the south -side of the road. Predevelopment runoff rates will be maintained using recognized storm water management standards. VIII. Solid Waste Cost There are no solid waste collection and disposal impacts. Solid waste will be exported by contract hauler at no cost to the County. No additional solid waste facilities will be required to handle the waste from this property. Impacts to the County will be reduced with the planned B-2 rezoning. Under the current RP zoning and assuming 7 housing units on the property, the estimated cost of $1400.00 for solid waste disposal impacts is needed. The planned B-2 zoning change would result in a reduction of impacts since there would be no collection fees and since tipping fees are designed by the County to cover the expenses of solid waste disposal. 7 ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 IX. Historic Impacts This project will not involve the loss of any historic buildings, sites or artifacts that are known. The area has been significantly developed on all sides and no such findings of historic importance has been identified. There are no structures currently located on this property. A review of the National Register, the Virginia Landmarks Register and The Frederick County Comprehensive Plan indicates that there are no known historic structures or sites on this property. X. Community Facilities The property when zoned B-2 will generate tax revenues with a net worth of approximately $60.00 per square foot and a tax base of $990,000 which totals at a tax rate of $.60 approximately $594.00 per year of tax revenue. Education - This project will generate no school children and therefore have no effect on educational cost in Frederick County. Capitol cost impacts for school age children will be reduced since no school children will result with B-2 zoning. The current zoning of RP, with 7 units would produce about 7 school age children. Parks and Recreation - This project would result in no impact on Parks and Recreational facilities. Emergency__Services Cost - There are no additional fire, rescue or sheriff facilities anticipated with the development of the property using B-2 type uses. Fire protection is available from the Greenwood Volunteer Fire Company. The planned B-2 rezoning will have all required site development standards required by the fire code, building code and zoning codes. There are no fire protection problems associated with this property. All hydrants .and fire protection measures will be installed when the property is developed. Rescue services are provided by the Winchester Rescue Squad with future service from the Greenwood Volunteer Fire Company. 8 ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 Sheriff Department services protection will be required by this facility. Routine patrols of the Pembridge area should suffice for the majority of time and materials necessary to cover this facility. XI. Environmental Impacts There will be certain minor negative impacts due to the construction activity including run off sediment, noise and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. A minor increase in run off quantity and a decrease in quality is probable from this development. The effects on the down -stream impoundment and stream are minimal and in accordance with local and state regulations. There is no known loss of irretrievable resources involved with this project. There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. A minor impact of a negative nature is associated with lighting for security and business use. These should be closely controlled during planning stage to minimize the adverse impacts on adjacent residential structures and impacts on the traveling public. XII. Fiscal Impacts Fiscal impacts for the property are determined based upon the fiscal impact model prepared by the Frederick County Department of Planning and Development staff. The model assumes 16,500 square feet of retail floor space. The square footage assumption figure may change, but should have no significant influence on the model output. XIII. Other This planned zoning change would create a positive fiscal impact as compared to the existing zoning. There are no known other impacts. Q 4F Mefid 6 W,nchesie, fis;- H igbts 41 r s1kena sh J $ w lank or L fNrERC J ter 0.1 A.1 L 4�' Pro 77, ale C-- E)w Valley 't I miff Club —V — L f 4:nches!er Mun.C.paf pc, 712. 4P ta'4' fN A— Gilbert W. Clifford and Associates 200 N. Cameron Street I- PROPERTY LOCATION MAP Winchester, Virginia, 22601 703-667-2139 2. BOUNDARY SURVEY PEWRIDGE HEIGHTS — PHASE I Lot 153 Parcel 9' Parcel A" W N/F JAMES H. CARROLL o 1 Bartley i TTA ins 64A (4) 3 1 PCL 20A CQ 0:1z' 10' Temporary Construction Easement ?11 10Permanent Water Easement NOTES: 1. No Title Report furnished. 2. Boundary information was taken from Public records and not field verified. 11 dF z S. W. MARSH Z O CERTIFICATE NO. , 11) 1843 .1 VA. SEC. R TE. 781 N/1- Edward K AlMer PLAT SHOWING 10' PERMANENT WATER EASEMENT and 10' TEMPORARY CONSTRUCTION EASEMENT through the land of JAMES H. CARROLL DB 622 — Pg 308 to be acquired by FREDERICK COON TY SANT TA TION A U THORI TY Shawnee Adogisteriol District Frederick County, Virginia DATE: Auqust 1992 gilbert ENGINEERS 150—C Olde Greenwich Drive Fredericksburg, Virginia 22401 (703) 898-2115 I SCALE: 1"=100' I Plot No. 9354—IX-1 w. Clifford & associates, inc. — LAND PLANNERS -- SURVEYORS 200 North Cameron Street Winchester, Virginia 22601 (703) 667-2139 iI U Apl i PE�IBR/OG�c DicY kp SI/-�� ;.L' •E _777 (7'7� .', J" .(.'%✓ ,� +` \� 611 f i� \ `0'b'�7\6 is `�- .• 'f(1� a � f :•fin CeL. ��� ^(� Y � llyye�'' �,v� �r w; � t ,�i, a r � ��-t v. • • fL a; r O V�� � n S3 > •i.. r^ �3. Q LIN V1 LIr - .�'Icl• a �1 PEJ�1B!?/DQE NE/GNTS —PHASE .I 3. RE( -,,RDED SUBDIVISION PLAT Sf��/�nEE LyslRICr F (EOE/Ci Cn COUNTY V//C G/N/A CCI COCA , /763 ,�',�f1�17N pF•►,k �Y c.zl� cY"lbixr 'fr r +1 Ito. 1662 �y SUV PACIULLI, SIMMONS 8 ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Lccst)urv, Virninl:; 22075 70'1-717-27:; 173-1015 PROFFER (Revised) CARROLL REZONING REQUEST �E5 CASE NO. 008-94 I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There shall be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. 3. The Owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. James H. Carroll Date//- a//- -9� yoo a PEMBRIDGE HEIGHTS PHASE I EiA1,Vy _ STREET Fire Rescue New Capital Costs Not $105 $652 Covered by County Contributions --------------------------------- Gilbert W. Clifford and Associates 200 N. Cameron Street Winchester, Virginia, 22601 703-667-2139 5. FREDERICK COUNTY IMPACT MODEL REPORT Costs Credit Costs Impact Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation $20 $121 $0 $0 $0 $0 $144 $12,998 $773 $0 $0 $0 TOTAL ------------------------- $141 $185,189 $13,915 $0 FIRE AND RESCUE ADDENDUM ----------------- Fire Rescue New Capital Costs Not $105 $652 Covered by County Contributions --------------------------------- Gilbert W. Clifford and Associates 200 N. Cameron Street Winchester, Virginia, 22601 703-667-2139 5. FREDERICK COUNTY IMPACT MODEL REPORT Location Map for PIN: 64A -4-20A James Carroll Rezoning #008-94 Gene P. Koepfler Ta1�pYione 703-662-6995 203Pambrid Fax 703-662-0342 ga Drive Wd-M= ter VA 22602 November 17, 1994 George L. Romine Westminster Cantebury, Box 104 Cottage Drive Winchester VA 22603 Dear Mr. Romine, I am writing to you as a Home Owner in The Pembridge Heights Sub Division. Located just East of the 1-81/Rt. 50 interchange. As you are aware there is a request being made by James Carroll to change the zoning of two parcels of land located on the corners of Custer Avenue and Pembridge Drive from residential to commercial B2. These Parcels form the Main Entrance to both Pembridge Heights and Miller Heights. I am concerned about this rezoning request for several reasons; Traffic: There is no way that our little streets (tar and chip covered) can handle the additional traffic that a commercial venture would bring. Safety: I have four children that routinely use our streets to visit their friends in our neighborhood. We have no provision for bike/walking paths. There are no side walks and because of the drainage ditches along the sides of the roads there is no option but to walk/bike on the street itself. Adding a commercial venture to our community is a sure recipe for disaster. Property Value: I believe that rezoning the entrance to a residential area to commercial would drastically lower my property values and the value of the community as a whole. The small bit of revenue that the county would pick up would be greatly off set by the lowering and suppressing of values of some 300 homes in that area. Personal: I purchased a home in the Pembridge Heights area because there was no commercial venture located within it. We have a homeowners association for that reason, to maintain the integrity and community flavor of our neighborhood. I believe that rezoning would destroy our neighborhood and invalidate the reasons that I moved here. Area Growth: While I think it is wonderful that our area is growing I do not see it as inevitable that every square foot of Frederick county be turned into a commercial venture. What good is a strong base of commerce if you don't have a viable community to go with it. Look at Wash. DC as prime example of where that can lead. In Summary I ask that you weigh the desire of one individual (Mr. Carroll) to make profit in a community that he doesn't even live in, to the needs and desires of myself and all of the residents in our community who will have to live with such a rezoning. Please reject any effort to rezone. Please Note that this is my personal letter to you , not as a representative of The Pembridge Heights Homeowners Association, but as a home owner and resident of Frederick County. I am sure that you will be bombarded by letters and requests in this matter and I ask that you consider each on its own merits. Thank You for your time and interest. Please feel free to contact me at the numbers above if you need any additional information. Sincereley, Gene P. Koepfler PO Box 1980 Winchester, Virginia 22604 703/665-9100 November 7, 1994 County of Frederick Department of Planning and Development Winchester, Va To Whom It May Concern: American Woodmark ILmj Corporatiow I am writing this letter to voice my STRONG opposition to the rezoning application #008-94 to rezone 2.81 acres from RP to B2. This property is directly across from my home, which is now on the market to be sold. When I bought this property, I was specifically told that the property was to remain as a water runoff area for the neighborhood, and that it would never be built on. Since my home faces this property, the new view outside my front windows would be the rear of a business operation in the middle of a residential neighborhood. This is completely unacceptable. Had any of the home owners in Pembridge Heights been made aware of the possibility of that land being rezoned, then when could have made an informed decision regarding our purchase. With the property being so close to my home, it was a sincere concern of mine. However, I and many others, were reassured by the real estate agent of the use of that land, and that it was to remain untouched. For this very reason, our neighborhood will not accept this offer, and wholeheartedly urge you to deny this application. You may reach me at: 8304 Woodford Bridge Charlotte, NC 28216 Most Sincerely, Shannon Watson 131 Etnam St. Winchester, Va 22602 October 31, 1994 Frederick County Zoning Committee 9 Court Square Winchester, IVa 22601 Dear Committee Members, I am writing this letter to express both mine and my husband's strong opposition to the request for Rezoning the property located at the front of Pembridge Heights subdivision from residential to business. We are unable to attend the meeting being held November 2, 1994, and have asked one of our neighbors to present this on our behalf. We strongly oppose the rezoning because it is not necessary. There could be no additional business located on that property that would be of benefit to any of the residents of Pembride Heights subdivision. As noted in the letter you sent to several property owners, this parcel of property that has applied for rezoning is located. 75 miles from Interstate 81. 1 have personally driven this section of highways on a daily basis for the past 4 1/2 years and can not give my personal support for any additional business rezoning or building within that radius. At the present time, there are at least 4 major motels1hotels, 7 food service businesses„ 4 convience/gas station businesses, 1 major shopping center ( with numerous businesses that include a grocery store, department store, movie theater, furniture store, and more), 1 small shopping center, 1 bank, 1 car dealership, I motorcycle delearship, 1 church, a car wash and just recently added, the only entrance and exit from the Corp of Engineers office complex. Why should the aproximately 300 to 400 homes located behind this business section have to contend with additional rezoning. There are few if any needs any of these residents would have that could not be met by the businesses already located within that .75 mile radius, and if one would only drive about the same distance once crossing over Interstate 81, they would encounter our major shopping mall, Wal Mart, Toys R Us, Lowes, Martins, numerous hotels1motels, numerous fast food restaurants, the City Park and a University, just to mention a few. We are all aware that there are many other businesses located within these areas. The traffic situation is already busy and dangerous for the main entrance to our subdivision. We have no turning lane provided into our subdivision when headed North on 17150. One was recently constructed to turn into the Con p of Engineer entrannce exit, but that consideration was not given to our subdivision. The speed limit has been Towered since this summer to 35 mph, but I can guarantee that it is not heeded by ally of the Tractor Trailers and cars barreling towards the interstate. Please consider all of us who are residents, tax payers and citizens of Frederick County when making your decision on this rezoning request. We do not need, nor can we support any additional business rezoning around Pembridge Heights Subdivision. With all of these facts presented, we urge you to deny the rezoning request. Sincerely, OZw',� P, Alison and Steve Mundy 124 Etnam Street Winchester, Va 22602 703-665-9667 Partial listing of Businesses located within. 75 mile radius of proposed Rezoning property at entrance to Pembridge Heights subdivision: HOTELS/MOTELS. FOOD SERVICES: Travelodge Comfort Inn Holiday Inn Super Eight GASICOATYENCE: Texaco Chevron Shell Exxon OTHER BUSINESSES: Cracker Barrel Fritters Jimmy's at the Holiday Inn Hardee's Chasson's Belle Starr Bagel Shop Chinese -Minute Wok Delco Plaza: Food Lion (grocery), Movie Theater, Video Rental, Furniture Store, Department Store, Fitness Center, numerous small businesses Bank JoAnn Fabrics Harley Davidson GW Motors (car dealership) Big Lots Car Wash Church Entrance and Exit to Corp. of Engineers office complex P/C review date: 12/07/94 REZONING APPLICATION 1009-94 VALLEY MILL ESTATES To Rezone 17.8+ Acres From RA (Rural Area) To RP (Residential Performance) LOCATION: The directions to this property are as follows: North of Valley Mill Road (Route 659), proceed 3/4 mile East of Greenwood Road (Route 656). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 55-A-176 & 55 -A -176B PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Area); present use: vacant ADJOINING PROPERTY ZONING & PRESENT USE: RP (Residential Performance) and RA (Rural Areas) Zoning; and Residential and Vacant Use PROPOSED USE: Residential REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached comments dated 06/09/94. Fire Marshal: See attached comment sheet dated 11/10/94. Fire and Rescue: See attached letter dated 03/06/94. County Engineer: We have no comments at this time. A detailed review will be made at the time of the subdivision design submittal. County Attorney:f � �, Proffers need � be mace by property owner. Sanitation Authority: Water & Sewer to serve this property is located on the adjacent property, Mill Race Estates. There is adequate water & sewer capacity. PLANNING: Location: The property is located within the Urban Development Area on the west side, and adjacent to Mill Race Estates. Mill Race is zoned RP (Residential Performance) as is the property to the north of the proposed rezoning. The adjoining property to the west and south is zoned RA (Rural Areas). Site Suitability: The property has significant slopes with a swale running along the north and eastern edges. Portions of the site are wooded, and there are some steep slopes present. Sewer and water are available to the site. Access to the site is proposed through Mill Race Estates. Two roads within Mill Race were stubbed for eventual extension to this site. Impacts: The applicant has proffered to limit the development of the site to 32 single family dwellings. Using the ITE standard of ten trips per day for single family residences, we could expect in the neighborhood of 320 trips in and out of the parcel once the site is fully developed. As is shown on the Generalized Development Plan, all traffic would use Mill Race Drive to enter or exit the development. A future connection is shown to the west. There is no way of knowing when or if this connection would become a reality. The most recent traffic count on this stretch of Valley Mill Road was 401 average daily trips in 1993. Therefore, another 320 trips per day could have a significant impact on the intersection of Valley Mill Road and Mill Race Drive as well as the Greenwood Road intersection. The County's impact model projects a cost of just over $145,000.00 not including the unfunded portion of the local Fire Company budget. The applicant has proffered $3,142.00 per unit to be paid at the time of issuance of building permits. For 32 units, this would amount to $100,544.00, or roughly $45,000.00 which leaves some fiscal impacts of the proposed rezoning uncovered. The applicant has also proffered to pay $28.00 per lot directly to the Greenwood Fire Company to offset the projected impacts of the development. This amount would be paid in a lump sum at the time of approval of the subdivision. As with the proffer for impacts to the County's General Fund, this leaves impacts to the Fire Company unaccounted for. The County Attorney has noted that the proffers should be made by the owner as opposed to the contract owner. If the property is rezoned and the pending contract falls through for some reason, the current or future owners would be bound by proffers made by the applicant. Zoning Ordinance requirements would limit the disturbance of steep slopes and woodland areas. Stormwater management would have to be addressed at the Master Development Plan stage. Staff Recommendation for 12\07`94 Planning Commission Meeting: Although the location of the site is within the UDA and adjacent to property with existing residential use and/or zoning, the staff would project that negative fiscal and traffic impacts would result from the proposed rezoning. Staff recommends denial of the application. ma COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 DAVID R. GEHR EDINBURG, 22824 �' WILLIAM H. BUSHMAN, P.E. COMMISSIONER RESIDENT ENGINEER June 9, 1994 TELE (703) 984-5600 FAX 17031984-5607 VDOT Comments to Wierman Rezoning Re uest No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual 4`h Edition for review. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. The traffic generated by this project through Millrace Subdivision may warrant improvements to the Route 659/1270 intersection. Also, Julee Street (Route 1272) in the Millrace Subdivision was designed and constructed to the project's property line so the street could be extended into the adjoining Wierman Tract in the future. At present Julee Street is a "stub" street with no cul-de-sac or other suitable means to turn our maintenance vehicles or county school buses around ir� . If the County does not require the extension of Julee Street into the Wierman Tract, we strongly suggest the developer be required to construct a cul-de-sac. xc: Mr. Steve A. Melnikoff TRANSPORTATION FOR THE 21 ST CENTURY COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS ( Control No. 0606941406 Date Received 060694 Date Reai'�wed 061294 Y� Applicant Name G. W. Clifford & Assoc. Address 200 N. Cameron Street Winchester VA 22601 Project Name Wierman Rezoning Phone No. 703-667-2139 Type of Application Re -Zoning Current Zoning RA 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election District Shawnee RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System X Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate Not Identified X Fire Lanes Required; Yes No X Comments Roadway/Aisleway Widths; Adequate Inadequate Not Identified X Special Hazards Noted; Yes No X Comments - Continued - Hydrant Locations; See Notes Adequate Inadequate Not Identified X Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: 1) -,Applicant must address impact to fire and rescue resources. 2 Comments from the Greenwood Fire & Rescue.Company are to be considered addendum to this comment sheet. 3 At site lan sta e of development, osition hydrants in such a manner that driveways for homes do not block hydrant access. 4 Burning of site clearing debris requires a permit. from the Fire Marshal's Office. 5) Burning of construction debris on site is prohibited. 6)Temporarystreet signage is required when construction begins and temporary street addresses are re fired on each home as construction begins. 7 Access to all structures must be maintained for emergency vehicles at all times during construction. Re �w Time_ hr. j Douglas A. Ki acofe Fire Marshal �ranwood voludeer Fire and JTC5,cuc C=Pjq , Inc. P. 0. B= 3o-&-7 F 7- ^� �r X41 .1, Ronald A. Mislowsky G. W. Clifford & Associates 200 N. Cameron Street Winchester, VA 22601 Dear Mr. Mislowsky: Wixarsstm, Vir;t =601 March 6, 1994 The Greenwood Volunteer Fire and Rescue Company disagrees with your comments #9 Emergency Service Cost on the rezoning of 16 acres of land on the north side of Valley Mill Road. Going from agricultural land to residential preformance with approximately 35 lots for single family dwellings would greatly affect the impact of fire and rescue. We know for a fact human error is our biggest impact to create calls both fire and rescue. With this in mind we suggest you check with the Frederick County Planning Dept. and reconsider your fire and rescue proffer along the lines they already have in place in their computer system. We will not support any rezoning which denies fire and rescue the proper attention for the added burden of incidents. Therefore, we will openly oppose the rezoning of your application 10606941406 from RA to RP. Sincerely, Walt Cunningham, Asst. Chief Greenwood Vol. Fire & Rescue WC:jlc cc: File REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA - -------------------------------------------------- To ------------------------------------------------ To be completed by Planning Staff: Zoning Amendment Number Date Received Submittal Deadlines cr u PC Hearing Date Q �i Application Dat C� G- -� -- BOS Hearing Date1r y The following information shall be provided by the applicant: All parcel numbers, tax map numbers, deed book pages and numbers may be obtained from the Office of the Commissioner of Revenue, 9 court Square, Winchester. 1. Applicant: Name: Gilbgrt W. Clifford & Associates Inc. Address: 200 North Cameron Street Winchester, VA 22601 Telephone: 667-2139 2. Owner: Name: Geor is Wierman Est. & Gerald Racey Address: c/o Richard Baldwin 985 Valley Mill Road 3727 Sweetbriar Winchester, VA 22602 Pasadena TX 77505 Telephone: In addition, the Code of Vircxinia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 5 y - 3. Zoning Change: It is requested that the zoning of the property be changed from RA to RP 4. Location: The property is located at (give exact drYect_Iona) North of ValleMill Road (VA Route 659)'x' 3/4 miles east of VA Route 656 �_ = 5. Parcel Identification: 21 Digit -Tax Parcel Number: 55000A000000000001760 55000A00000000000176B 6. Magisterial District: Shawnee 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 19-1/5 Acres The area of each portion to be rezoned to a different zoning district category should be noted:, 17.8 ± Acres Rezoned to RP Acres Rezoned to Acres Rezoned to Acres Rezoned to Frontage: 650 Feet (not on State Route 659) Depth: 1200 Feet S. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Wierman/Baldwin Deed Page: 197 (Weirman) 489 (Racey) Deed Book Number: WB h4 (Weirman) 192 (Racey) P H ' . 9. Proposed Use: It is proposed that the property will be pu the following uses. Residential Lots t to 1 '•i 10. checklist: Check the following items that have been included with this application. Location map Survey or plat X Deed to property X - x— Statement verifying taxes X Sign receipt Agency Comments X Fees x Impact Analysis Statement x X Proffer Statement X 11. Signature: I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Ron Mislowsk Gilbert W. Clifford & Associates, Inc. Owner: L -c 12. Representation: r Rac S Geor is Wierman Estate 1 If the application is being represented by someone other than the owner or application and if questions about the application should be directed to that representative, please list the following. r Representative's Name: to hen 'n. -,,nzr,�yn - r_ �Clzff�ra ?• Assoc. Representative's Phone Number: 667-2139 7 Inc. ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of. -the - public hearing. For the purposes of this application ".ad'oinin ' property is any property abutting the requested property'vn.the > side or rear or any property directly across a road from the requested property. The applicant is required to obtain the fol- lowing information on each adjoining property including the 21 -digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name Address and Property Identification 1 James R. & Mary Killough Address: 2282 Valley Mill Road Winchester, VA 22601 Property ID: 55-A-175 2 Mark Ritchie Address: 2270 Valley Mill Road Winchester, VA 22601 Property ID: 55 -A -175A 3 Gerald Racey Address: 985 Valley Avenue Winchester, VA 22601 Property ID: 55 -A -176A 4 Kenneth Schuller Address: 2138 Valley Mill Road Winchester, VA 22601 Property ID: 55-A-177 5 Minnie Schuller Est. Address: c/o Kenneth Schuller 2138 Valley Mill Road, Winchester, VA 22601 Property ID: 55 -A -178A & 178 6 William Schuller Address: 140 Benny Lane Winchester, VA 22601 Property ID • 55-A-179 7 Wilkins Development Corp. Address: 7 South Loudoun Street `.?inchester, VA 22601 Property ID: 55-A-180 8 Eastern Frederick Develop- Address: P.O. Box 2097 ment Corp. Winchester, VA 22604 Property ID: 55-A-181 9 Dale & Angela Cook Address 516 Mill Race Drive Winchester, VA 22602 Property ID: 55G-3-79 10Steven Dickey Address: Rt. 1 Box 2160 Berryville, VA 22611 Property ID: 55G-3-80 II 13 E NameAddress and Property Identificationf�f�� 11 Charles Barr Address: ttPl. cheshesterr , VA 22602 /J! Winchester, Property ID: 55G-3-90 12 John & Jane McAllister Address: Rt. 1 Box 198 Stephenson, VA 22656 Property ID: 55G-3-91, 92, 93 13 Keith Koontz Address: 123 Julee Street Winchester, VA 22602 Property ID: 55G-3-94 14 Address: Property ID: 15 Address: Property ID: 16 Address: Property ID: 17 Address: Property ID: 18 Address: Property ID - 19 Address: Property ID: 20 Address: Property ID: 21 Address: kProperty ID: Address: 22 Property ID: E Location Map for PIN; 55—A-176 & 176B Valley Mill Estates Rezoning File # 009-94 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Planning Commission December 7, 1994 Board of Supervisors AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #009-94 of VALLEY MILL ESTATES WHEREAS, Rezoning application #009-94 of Valley Mill Estates to rezone 17.8+ acres, located North of Valley Mill Road (Route 659), proceed 3/4 mile East of Greenwood Road (Route 656), in the Shawnee District, and designated by PINS 55-A-176 & 55 -A -176B, from RA (Rural Areas) to RP (Residential Performance); and, WHEREAS, the Planning Commission held a public hearing on this application on December 7, 1994; and, WHEREAS, the Board of Supervisors held a public hearing on this application on , 1994; and, WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 17.8 + acres, designated as PIN 55-A-176 & 55-A- 176B, from RA (Rural Areas) to RP (Residential Performance) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: gilbert w. clif ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 C:7 November 22, 1994 Mr. Kris Tierney, Deputy Director Frederick County Planning Department 9 North Loudoun Street Winchester, Virginia 22601 RE: Valley Mill Estates Dear Kris: Eased upon our discussions and talks with Walt Cunningham I have made some revisions to the impact analysis statement using a new format. Most of the information is the same, just expanded with better fire and rescue comments. A copy is attached for your use. Also attached is a revised proffer statement that reflects changes and has been sent to Jay Cook's attention for further review. A breakdown of impacts by schools, parks and fire and rescue is attached. Finally, a copy of the overall road plan for the area is attached that shows how there will eventually be a secondary road access not only to this project but to Mill Race Estates via Pioneer Heights. I have sent the road plan and updated information to Walt Cunningham covering the fire and rescue concerns outlined in his attached letter. Should you have any questions, please call Mr. Cunningham or myself. I believe we have addressed his concerns. Sincerely, gilbert W. Clifford & associates, inc. r' Stephen . Gyurisin SMG/cls at�ach ents REZONING REQUEST PROFFER (Revised) Weirman/Racey Properties VALLEY MILL ESTATES THE CAMERON GROUP PrelirninaU Matters Pursuant to Section 15.1 - 491.1 et. sea.. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of approximately 19 acres from RA Zoning District to the RP Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development Pllpnn The development of the subject property and the submission of any Master Development Plan will provide for a street layout connecting with the Mill Race Estates Subdivision via Mill Race Drive, and as shown on the attached Addendum "A" -Generalized Development Plan - Valley Mill Estates. There will be no street connection directly to Valley Mill Road. The rezoned property shall not be subdivided into more than thirty-two (32) lots and there shall not be constructed thereon more than thirty-two (32) single family detached houses and no apartments, duplexes or other multi -family buildings shall be constructed on the property. Monelga ConWbution to Offsetbn fDevelopment The undersigned, who holds a contract to purchase the above described property from Gerald L. and Frances F. Racey and the Georgia Weirman Estate hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 19 acre tract, more or less lying on the north side of Valley Mill Road just East of the intersection of Mill Race Drive in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County, at the time a building permit is issued for each lot, the sum of Three Thousand One Hundred Forty-two Dollars ($3,142.00) (for Parks and Recreation Department, Schools, Fire and Rescue Department and as otherwise directed by the County). In essence, the sum of Three Thousand One Hundred Forty-two Dollars ($3,142.00) will be paid at the time a building permit is issued for each lot. See addendum 'B" showning breakdown of impacts by category. MonetaryCQpWbution to Offset Impact of Fire and Rescue The undersigned, who holds a contract to purchase the above described property from Gerald L. and Frances F. Racey and the Georgia Weirman Estate hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 19 acre tract, more or less lying on the north side of Valley Mill Road just East of the intersection of Mill Race Drive in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay PAGE 2 PROFFER STATEMENT (Revised) Weirman/Racey Properties VALLEY MILL ESTATES THE CAMERON GROUP to the Greenwood Volunteer Fire and Rescue Company, Twenty-eight Dollars ($28.00) for each lot approved for development on the Final Subdivision Plat. In, essence, the sum of Twenty-eight Dollars ($28.00)in payment will be made directly to the Greenwood Volunteer Fire and Rescue Company at the time lots are approved for subdivision by the County. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, CAMERON GROUP Richard W. Pifer Representative: Gilbert W. Clifford & Associates, Inc. Stephen M. Gyurisin STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of November, 1994, by Stephen M. Gyurisin of Gilbert W. Clifford and Associates, Inc. Representative for the Applicants. My Commission expires Notary Public REZONING REQUEST PROFFER (Revised) Weirman/Racey Properties VALLEY MILL ESTATES THE CAMERON GROUP ADDENDUM "A" GENERALIZED DEVELOPMENT PLAN VALLEY MILL ESTATES REZONING REQUEST PROFFER (Revised) Weirman/Racey Properties VALLEY MILL ESTATES THE CAMERON GROUP ADDENDUM "I3" GENERALIZED DEVELOPMENT PLAN VALLEY MILL ESTATES MONETARY IMPACT OF DEVELOPMENT BREAKDOWN OF IMPACTS BY CATEGORY SCHOOLS $ 2,600.00 PER UNIT PARKS $ 541.00 PER UNIT FIRE & RESCUE $ 28.00 PER UNIT This resolution was approved by the following recorded vote: Richard G. Dick W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Jimmie K. Ellington James J. Longerbeam Robert M. Sager This ordinance shall be in effect upon its passage. Passed this _th day of 1994. A Copy Attest John R. Riley, Jr. Frederick County Administrator FREDERICK COUNTY, VIRGINIA IMPACT ANALYSIS STATEMENT FOR REZONING REVIEW AND APPROVAL OF VALLEY MILL ESTATES RACEY/WEIRMAN PROPERTY THE CAMERON GROUP - DEVELOPERS Stonewall Magisterial District November 10, 1994 gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 IMPACTANALYSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS I. SUMMARY 3 II. INTRODUCTION 3 III. PLANNING ANALYSIS 4 • Site Suitability • Adjoining Properties • Zoning Review IV. TRAFFIC 5 V. SEWAGE 6 VI. WATER 6 VII. DRAINAGE 7 VIII. SOLID WASTE 7 IX. HISTORIC SITES g X. COMMUNITY FACILITIES g • Education • Emergency Services • Parks and Recreation • Other XI, ENVIRONMENT 9 XII. FISCAL 9 XIII. OTHER 10 APPENDIX 11 IMPACT ANALYSIS STATEMENT for VALLEY MILL ESTATES I. Summary IMPACTANALYSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to evaluate the above referenced project in light of several major planning issues, as outlined and required by the Frederick County Board of Supervisors. This document is prepared in support of and in preparation to rezone the referenced property from present Rural Area (RA) to Residential Performance (RP). The property is suited for Residential Performance (RP) zoning. There is a fiscal impact. Current zoning requirements allow for adequate measures to provide for adequate design and planning measures creating a residential neighborhood that incorporates features compatible with the surrounding neighborhood while maintaining the environmental features of the area. Neighborhood traffic impacts have been minimized with proffers limiting entrances. II Introduction The 19 +/- acre site, properties of Gerald Racey and the Georgia Weirman Estate, herein referred to as Valley Mill Estates, is located on the north side of Valley Mill Road (VA Route 659), east of Greenwood Road (VA Route 656). The property is currently vacant and is divided into two parcels with limited frontage on Valley Mill Road. Access is via the planned stub streets of Mill Race Drive and Julee Street of Mill Race Estates. Both parcels are identified as tax parcel 55 ((A)) 176 and176B consisting of 15.92 acres and 5.31 acres respectfully. Residential Performance (RP) zoning is planned for the property. 19.35 acres is planned for rezoning into the RP District. 1.85 acres of the two parcels will remain Rural Area (RA) and will later be added to the Racey parcel. The property is located in the Urban Development Area and has sewer and water service available. Preliminary site development planning indicates that this site can support the residential development proposed. 3 IMPACTANALYSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 III. Planning Analysis Site Suitability - The property has no site specific development limiting factors, however, the slope of the site may limit the disturbance of some areas. The property appears well suited for Residential Performance (RP) zoning use type development based on site evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Soils - The soils are suitable for site development purposes. The USDA Soil Conservation Soil Survey for Frederick County identifies the soils of the property on map sheets 31 and 37 as Clearbrook channery silt loams. Prime Agricultural Soils.- The property does not contain any prime agricultural soils as identified by the Frederick County Comprehensive Plan. Slopes - There are areas of steep slopes on this property. The topography is ideally suited for Residential type development. Slopes generally range from 2% to 15% and elevations range from 580 to 650 feet above sea level. Slopes are suitable for residential development. Wetlands - There are no wetlands on this property. The property is well drained and has no low lying wet areas that provide wetland vegetation or that indicates the presence of a wetland area. Ponds and Lakes - There are no ponds or lakes on the property. Flood Plain - The property is not located within the 100 year HUD designated flood plain as identified in the Frederick County Comprehensive Plan and panel map number 510063- 00120B of the United States Department of Housing and Urban Development Flood Boundary map. Adjoining Properties - Development impact concerns are primarily east of the property where single family residential houses are located at the existing Mill Race Estates. The impacts of the Residential Performance (RP) zoning district uses on the surrounding residential uses is minimal since the uses are the same. A proffer is suggested that restricts access on Valley Mill Road thereby reducing the impact of another street intersection, that would reduce road efficiency. All local vehicles accessing this development would utilize an existing, established street network. 4 IMPACT ANAL YSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 The adjoining property to the north is zoned Residential Performance (RP) and is vacant. To the east is single family homes on land that is zoned Residential Performance (RP) and currently developed. To the south is State Route 659, and to the west is vacant undeveloped land typical to the area, zoned RA. Zoning Review - The property is currently zoned Rural Agricultural (RA) allowing by right a variety of rural and agricultural uses including large lot residential homes. Approximately four to five homes are permitted depending on the lot size planned. Permitted homes could be served by private on-site water and sewer systems Under the RP zoning, master planning requirements would address all environmental concerns such as steep slopes and woodland. Additionally, street, utility and lot layout will be determined. RP zoning allows a number of housing types from large lot single family residential homes to garden apartments. Proffers allowed as part of the zoning process allow the housing type to be determined prior to master planning design. Single family residential homes are planned to be proffered. The site can adequately support 35 to 45 single family homes, approximately 21 homes are anticipated based on a large lot size of over 15,000 square feet per home. IV. Traffic Impacts Traffic impacts are negligible for this property. Using current RA zoning density almost 50 trips per weekday would be generated from this property. Assuming 30 homes can be developed on this site, the average trip generation at build -out of Valley Mill Estates is almost 300 based on a weekday average per home of 9.55 trips derived from ITE Trip Generation standards. Fewer homes on larger lots would result in less trips. For the sake of evaluation for this rezoning 30 homes will be used as a base. Four to six p.m. peak hour average trip generation per home is 1.01 base on ITE Trip Generation standards. Using 30 homes the average trip generation for the four to six p.m. hours is 30 trips when the entire development is built -out. The access street connection is planned to be through the existing planned street stub connection of Mill Race Estates on Mill Race Drive to Valley Mill Road (VA Route 659). Based upon the most recent Virginia Department of Transportation 5 IMPACT ANAL YSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 (VDOT) traffic counts, Valley Mill Road (VA Route 659) has a current traffic loading of 300 trips per day. A detailed trip analysis study is necessary as part of the Master Planning design and plans to determine if improvements to the connection at Valley Mill Road (VA Route 659) are required for construction. This study will be based on the actual number of homes planned. Preliminary rezoning evaluations indicate that Mill Race Drive and the connection at Valley Mill Road (VA Route 659) are adequate to meet additional traffic via the existing planned stub street connections. V. Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems with this property. Sewage service to this site is provides by the Frederick County Sanitation Authority. The flows generated from the project are projected to at total build- out by the State Health Department at 14,000 (400 gpd/home) gallons per day (gpd) with an instantaneous peak flow of 24.3 gallons per minute. The actual flows based on the consultants' experience with projects of the same characteristics in the area are projected to be about one-half of the above projection or 7,000 gpd. Sewage would flow by gravity to to a pump station located at the end of julie Street then be pumped to the existing 8" inch sewer line on Julie Street, then by gravity to the existing 30" Abrams Creek interceptor then to the Opequon Water Reclamation Facility. All sewage conveyance systems involved have the capacity to carry the additional projected flow. The Opequon Water Reclamation Facility currently has the capacity of treating and discharging this flow in a satisfactory manner. VI. Water Supply Impacts There are no water supply or transmission problems for this property. This property would connect to the existing 8" water supply system. An 8" water main currently exists for planned system expansion at two places along the easternmost property boundary of Mill Race Estates. Water service is provided by the Frederick County Sanitation Authority. There are no known limitations D IMPACTANALYSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 in the water system which would preclude the use of the property as shown. The property will utilize the same amount of water as projected in sewage flow. Water service is planned to be extended to connect with future planned water systems to the west and north of Valley Mill Estates. Fire protections measures such as the installation of fire hydrants will be addressed at the site development planning stage. The installation of fire protection hydrants poses no problems. The installation of fire hydrants on the property will improve the fire protection means of the surrounding properties as well as the enhancing the protection of the property. The fire fighting capabilities of the fire company covering this area will be enhanced with additional fire hydrants. Under current RA zoning this property could be developed without any fire hydrant protection measures. VII. Drainage Facility Impacts Proper storm water management planning will result in minimal or no site drainage impacts. The development of residential uses as planned increases runoff to a lesser extent than does apartments, commercial or industrial type uses. The development of large lot single family homes instead of the existing rural, vacant use will increase runoff factors over that which now exist -the proposed zoning increases the amount of impervious surface impacting the runoff coefficients and times of concentration. It is recommended that suitable yard area be allowed to reduce run off amounts. Additional storm water detention calculations will be presented with preliminary and final subdivision design which would show no adverse impacts on the existing downstream water course. The property is located on the southern side of a low ridge with swales allowing drainage run-off flows generally from a north to south pattern. Drainage flows generally toward Valley Mill Road (VA Route 659) to Abrams Creek and eventually to the Opequon Creek. Predevelopment runoff rates will be maintained using recognized storm water management standards. VIII. Solid Waste Cost There are minimal solid waste collection and disposal impacts. 7 IMPACT ANAL YSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 Costs to the county would be normal for this type of development. No additional solid waste facilities will be required to handle the waste from this property. Waste removal from house to house is available by private contractor at the owners option. All disposal for waste generated by the residences is anticipated to be taken to the County Landfill site for disposal. IX. Historic Impacts This project will not involve the loss of any historic buildings, sites or artifacts that are known. There are no structures currently located on this property. A review of the National Register, the Virginia Landmarks Register and The Frederick County Comprehensive Plan indicates that there are no known historic structures or sites on this property. X. Community Facilities The property when zoned will create local and fiscal impacts typically associated with a residential development in this area. Impacts are limited due to the size and type of housing Education - For the sake of projection a 30 home build out will be used. As stated earlier the property will support between 35-45 homes although at this date only 21 homes are planned. The number of school age children projected to live in the development at full build out, based on 30 homes, is approximately 10 children. This figure is based upon County averages per single family home of .335 children per home. Costs associated are impacts based upon the number of children and the impact on the capitol school costs per unit or per home. Capitol costs are generated by the County impact model for the school age group. Parks and Recreation - This project would result in a minor impact on Parks and Recreational facilities. Large, over 15,000 square foot lots are planned allowing for adequate on site recreational areas for each home. No additional recreational will be required to serve the recreational needs of the residences of the development. Impact costs associated with this project are projected using County impact modei standards. Emergency Services - There are no additional fire, rescue or sheriff facilities anticipated with the development of the property. The development will 8 IMPACTANALYSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 provide fire protection hydrants in an are currently not covered with this type of protection under RA zoning. Impact costs associated with this project are projected using County impact model standards. Fire protection is available from the Greenwood Volunteer Fire and Rescue Company. The planned RP rezoning will have all required site development standards required by the fire code, building code and zoning codes. There are no fire protection problems associated with this property. All home construction will use the latest required building code fire protection enhancement building features. All hydrants and fire protection measures will be installed when the property is developed. Rescue services are also provided by the Greenwood Volunteer Fire and Rescue Company. Impact costs associated with this project are projected using County impact model standards. Fire and Rescue services protection will be required for the homes of this development. To date, in 1994 the Greenwood Volunteer Fire and Rescue Company has had 982 calls for fire, rescue and public service assistance. Because of the additional homes planned as part of this project additional fire and rescue assistance calls are anticipated. Sheriff Department services protection will be required by this development. Routine patrols of the area should suffice for the majority of time and materials necessary to cover this facility. Impact costs associated with this project are projected using County impact model standards. XI. Environmental Impacts There will be certain minor negative impacts due to the construction activity including run off sediment, noise and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. A minor increase in run off quantity and a decrease in quality is probable from this development. The effects on the down -stream impoundment and stream are minimal and in accordance with local and state regulations. There is no known loss of irretrievable resources involved with this project. There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. IMPACTANALYSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 XII. Fiscal Impacts Fiscal impacts for the property are determined based upon the fiscal impact model prepared by the Frederick County Department of Planning and Development staff. For the sake of projection a 30 home build out will be used. As stated earlier the property will support between 35-45 single family homes although at this date only 21 homes are planned. XIII. Other This planned zoning change would create a nonimal impact as compared to the existing zoning of RA. There are no known other impacts. 10 APPENDIX 1. PROPERTY LOCATION MAP 2. SURVEY 3. PROFFER STATEMENT IMPACTANALYSIS STATEMENT REZONING APPROVAL REQUEST VALLEY MILL ESTATES NOVEMBER 1994 11 6, NEW ei "I" MMM 650 r r Parcel 55-180 Wilkins Development___ COWrotion Z6ri6q: RP 0 .Use: %cont - --- ----- o (43 Porcel,55=103 i Blue Ridge M.H.P. r. j Zofled:MH-T -✓ 1 `Use: i Res. Parcel 650 ;r 55-179 William Schuller Zoned: RA Ex. 8' Son Se � Use: Vacant Sewer `\ 7l-Race Dr. ^ -x g M _ I — f' 76 Es {• _� / Miil Race (� 1.$5 ACRE 15.91 A Estates- Zoned. "RP states'Zoned.RP t1 RE4AIW RA- . m- % i =' Use: Residential U � Ii \ x,\6_ m Ex.' 8" Son. Sewer i Ex, Jule Sheet Parcel " 1 ( o c�wZ).. 55-178 Ex_ 8* W M --- - Minnie Schuller Zoned: RA i -` --Use: Res, i• - Total .1 AIG � ti -_RA' t P� Pwcel55-175/ =` a r r \ tlarnes `dc Mary Kiltougtr Zoned: RA Use: Res. o,_c Parc -55-175A ` , Mark _ ` '(Ritchie P.c155-175D Developer: Parcel _ Zoned: RA j>W las K_ Cameron Group 55-181 `�Ise.�Res. Williams Eastern Frederick - _ zoned: RA clo Mr_ Richie Pifer , .. OeveJopment Corporation __. ,ux_Res. 81 S. Braddock Street 'S Zoned. RI� _ - ` r 1-1y^con t Winchester, Virginia 22601Eic 550 Parcel _ ` -55-175E- Mill 55-175E Mill Race Scale: 1'=300' Rev 1.2. 10 Nov. 1994 _ -=` - = Home Association Contour Interval=10' June, 1994 gilbert w. crrrard & associates, inc VALLEY MILL ESTATES—REZONING sheet ENGINEERS -- LAND PLANNERS - SURVEYORS I 150-c ade Greenwich Drive 200 North Cc,,, Street Generalized Development Plan of Fredericksburg, virginio 22401 Wnchester, V19inio 22601 (703) 898-2115 Virginia fl REZONING REQUEST PROFFER (Revised) Weirman/Racey Properties VALLEY MILL ESTATES THE CAMERON GROUP Preliminary Matters Pursuant to Section 15.1 - 491.1 et. sea.of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of approximately 19 acres from RA Zoning District to the RP Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General D e1 mnPln The development of the subject property and the submission of any Master Development Plan will provide for a street layout connecting with the Mill Race Estates Subdivision via Mill Race Drive, and as shown on the attached Addendum "A" -Generalized Development Plan - Valley Mill Estates. There will be no street connection directly to Valley Mill Road. The rezoned property shall not be subdivided into more than thirty-two (32) lots and there shall not be constructed thereon more than thirty-two (32) single family detached houses and no apartments, duplexes or other multi -family buildings shall be constructed on the property. Monetary Contribution to Offset Impact of Development The undersigned, who holds a contract to purchase the above described property from Gerald L. and Frances F. Racey and the Georgia Weirman Estate hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 19 acre tract, more or less lying on the north side of Valley Mill Road just East of the intersection of Mill Race Drive in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County, at the time a building permit is issued for each lot, the sum of Three Thousand One Hundred Forty-two Dollars ($3,142.00) (for Parks and Recreation Department, Schools, Fire and Rescue Department and as otherwise directed by the County). In essence, the sum of Three Thousand One Hundred Forty-two Dollars ($3,142.00) will be paid at the time a building permit is issued for each lot. See addendum 'B" showning breakdown of impacts by category. Mone,LM Contribution to OffsetImpagt of Fire and Rescue The undersigned, who holds a contract to purchase the above described property from Gerald L. and Frances F. Racey and the Georgia Weirman Estate hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 19 acre tract, more or less lying on the north side of Valley Mill Road just East of the intersection of Mill Race Drive in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay PAGE 2 PROFFER STATEMENT (Revised) Weirman/Racey Properties VALLEY MILL ESTATES THE CAMERON GROUP to the Greenwood Volunteer Fire and Rescue Company, Twenty-eight Dollars ($28.00) for each lot approved for development on the Final Subdivision Plat. In, essence, the sum of Twenty-eight Dollars ($28.00)in payment will be made directly to the Greenwood Volunteer Fire and Rescue Company at the time lots are approved for subdivision by the County. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, CAMERON GROUP Richard W. Pifer Representative: Gilbert W. Clifford & Associates, Inc. M. Stephen M. Gyurisin STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of November, 1994, by Stephen M. Gyurisin of Gilbert W. Clifford and Associates, Inc. Representative for the Applicants. viy Commission expires Notary Public REZONING REQUEST PROFFER (Revised) Weirman/Racey Properties VALLEY MILL ESTATES THE CAMERON GROUP ADDENDUM "A" GENERALIZED DEVELOPMENT PLAN VALLEY MILL ESTATES 6so Parcel 55-180 - -------- --- Wilkins Development_- COWrotion ---- --------- .76nN: RP Use: %cant w Parcel 55' 103 .8lu'C Ridge M.H.P. r Zohed: MH -_T k0se: S. 1k I iRe Parcel OSO 55-179 w1illiam Schull k RA Zoned. Ex 8 -Son. Sewer Use: Vacant -Race Dr. W_ WIM 76 Es Q� U U t Mill Race 15-bi A Estates" 1.85 ACRE IRP RNAIW Zoned. U��e Residential x_\6 k. x .� E 8' son. Sewer Ex,; Jule s4eet Parcel 'Ex. 8" W M 55 1, 8 Minnie Schuller kst-- Zoned: RA ---Use: Re:�____ Tow i. I Ac-,, RA' A Aurcel 55-175/ N)wnes%& Mary Kill'ough- RA Zoned. 0 % Res 0 Use� 6 Parc % 55-175A Mark % 491tchle Developer. Par -cel PcI 55- 1 75D 55-181 Zoned: RA DWg-las K. Comeron Group watioms Eastem Frederick Zorted: RA C/o Ur Richie Pifer Oevelopment Co-_ ation j_,Usc_- Res 'Zo 81 S_ Braddock Street Zoned: to 22601 _YPcont 550 Winchester, Virqin Parcel 55-175E- - ------ - Mill Race Scale: 1'=,300, Rev 1-,, 10 Nov, 99 Horne Association Contour Intervol=10' June, 1394 gilbert w. clifford & cissociotes, inc. VALLEY MILL ESTATES—R NING ENGINEERS - LAND PLANNERS - SURVEYORS 150-C 01de Greenwich Drwe 200 North Comaron Str­ Generalized Development Frl'der"sburg, Vw<)inio 22401 ( Plan (7011 POP—— W-cheste(. V-rginio 22601 REZONING REQUEST PROFFER (Revised) Weirman/Racey Properties VALLEY MILL ESTATES THE CAMERON GROUP ADDENDUM "B" GENERALIZED DEVELOPMENT PLAN VALLEY MILL ESTATES MONETARY IMPACT OF DEVELOPMENT BREAKDOWN OF IMPACTS BY CATEGORY SCHOOLS $ 2,600.00 PER UNIT PARKS $ 541.00 PER UNIT FIRE & RESCUE $ 28.00 PER UNIT gilbert w. Clifford & associates, inc. Engineers • Land Planners • Surveyors Incorporated 1972 The Winchester Towers - Forth Floor 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 150C Olde Greenwich Drive. • Fredericksburg, Virginia 22401 -70 3-898-2115 COUNTY of FREDERICK Department of Planning and Development 703 /665-5651 Fax 703/678-0682 MEMORANDV TO: Planning Commission Members FROM: Kris C. Tierney, Deputy Planning Director RE: Recommended Update of Comprehensive Policy Plan DATE: November 28, 1994 Attached are the chapters from the Comprehensive Policy Plan which have been updated. As always, items such as housing, school enrollment, and employment figures have been updated to reflect the most recent information. This year, in addition to the these annual statistical updates, minor editorial changes and other small changes have been made and we have included a significant amount of information from the recently completed corridor report. This information is included within the Land Use chapter. A couple items have not yet been completed. One is the update of the Eastern Road Plan. This will be discussed in detail at our meeting. Basically, the update consists of deleting or moving certain road segments that for various reasons cannot be constructed as shown in the Plan. The other is the proposed expansion of the sewer and water service area west to the railroad tracks in the area of Route 11, just north of Stephens City. This item came up in discussion at the retreat on Saturday, the 19. I discussed the possibilities for providing sewer and water service to this area with Wendy Jones. Wendy said that water is not a problem, however, the nearest sewer is behind the Battlefield Industrial Park on the east side of Route 11. There is an agreement, that is valid for two more years, which would require the approval of the owners of the park to extend this line outside of their property. Wendy stated that he felt an expansion of the Sewer and Water Service Area at this time may be premature. With the exception of these two items, the recommended Plan update is complete as presented. Text that is proposed for deletion has been stFieken--otA, and text that is recommended for addition is shaded. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page 2 Frederick County Planning Commission RE: Comprehensive Policy Plan Update November 28, 1994 We would like the Commission to consider scheduling a public hearing for your first meeting in January. The Commission will need to decide whether issues surrounding the proposed expansion of the sewer and water service area along Route 11 can be addressed in time to make the adjustment as part of this year's Plan update Please let me know if you have any questions on the proposed update. KCT/rsa Attachment COUNTY of FREDERICK Department of Planning and Development 703 /665-5651 Fax 703/678-0682 MEMORANDUM I TO: Planning Commission Members FROM: Kris C. Tierney, Deputy Planning Director RE: Informal Discussion with Linden Unger Regarding a Possible Rezoning DATE: November 28, 1994 Attached is a letter from Mr. Unger requesting time on the Commission's agenda to discuss the possibility of rezoning a small parcel of land (roughly one and a third acres) located on the south side of Route 522 North from B-2 (Business General) to RP (Residential Performance). The property is located along the 522 North corridor in an area that is currently a mixture of business and residential uses. The general area would be expected to gradually transition to a predominantly business corridor. The parcel itself is low and during periods of heavy rain, is at least partially under standing water. A vicinity map is attached. Please let me know if there are any questions. KCT/rsa Attachment 9 North Loudoun Stt-ect P.O. Box 601 Winchester, VA 22601 Winchester, VA 2260 i, "f I J l` ,6,se� 41 If i,,�z i n S �te i, "f I J l` ,6,se� 41 If i,,�z PROPOSED REZONING FOR LINDEN UNGER C7