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HomeMy WebLinkAboutPC 12-02-98 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia DECEMBER 2, 1998 7:00 P.M. CALL TO ORDER TAB 1) October 21, 1998 and November 4, 1998 Minutes .......................... A 2) Application Action Summary .......................................... B 3) Committee Reports................................................(no tab) 4) Citizen Comments.................................................(no tab) OLD BUSINESS 5) Rezoning #015-98 of Jack K. Wampler, submitted by Greenway Engineering, to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 mile south ofthe intersection with Hopewell Road (Rt. 672), and is identified with Property Identification Number 33 -A -164D in the Stonewall Magisterial District. (Tabled at the 11-4-98 meeting) (Mr. Wyatt) ....................................................... C 6) Conditional Use Permit #008-98 of Meade's Family Day Home, submitted by Winona M. Clark, for a day care facility. This property is located at 150 Twine Lane, and is identified with Property Identification Number 26 -A -34A in the Gainesboro Magisterial District. (Tabled at the 10-7-98 and 11-4-98 meetings) QW. Lawrence) .................................................... D PUBLIC HEARING 7) Request to Modify the South Frederick Agricultural and Forestal District, as submitted by Scot Marsh of Marsh and Legge. The modification will remove 35 acres from, and add 67 acres to, the South Frederick Agricultural and Forestal District. The district will continue to preserve approximately 14,500 acres of property within the Back Creek and Opequon Magisterial Districts. (Mr. Lawrence) .................................................... E 2 8) Conditional Use Permit #009-98 of Norris and Kathleen Westover for a Cottage Occupation to operate a Certified Public Accounting business. This property is located at 1721 Wardensville Grade, and is identified with Property Identification Number 50-A-51 in the Back Creek Magisterial District. (Mr. Mohn)....................................................... F 9) Rezoning #018-98 of Carriebrooke, submitted by G.W. Clifford and Associates, Inc., to rezone 72.7 acres from RA (Rural Areas) to RP (Residential Performance). This property is located along the eastern side of Tasker Road (Rt. 642), south of the intersection with Routes 37/1-81/847 and 642, and is identified with Property Identification Number 75-A-89 in the Shawnee Magisterial District. (Mr. Wyatt) ....................................................... G 10) Rezoning #019-98 of Danford Ridge Properties, L.C., submitted by G.W. Clifford and Associates, Inc., to rezone 103.74 acres from RA (Rural Areas) to RP (Residential Performance). This property is located approximately 1,400 feet south of the intersection of Front Royal Pike (Rt. 522) and Papermill Road (Rt. 644), on the west side of Front Royal Pike (Rt. 522 South), and is identified with Property Identification Numbers 76-A-22 and 76-A-23 in the Shawnee Magisterial District. (Mr. Wyatt) ....................................................... H PUBLIC MEETING 11) Master Development Plan #005-98 of Dawson Industrial Park, submitted by G.W. Clifford and Associates, Inc., to develop a 26.4493 -acre site for light industrial and office use. This property is located at the northeast quadrant of the intersection of Shady Elm Road (Route 65 1) and Route 3 7, and is identified with Property Identification Number 63- A -59A in the Back Creek Magisterial District. (Mr. Wyatt)..............................6........................ I 12) Master Development Plan #006-98 of Willow Branch, submitted by G.W. Clifford and Associates, Inc. to develop 51 single family detached residential units. This property is located on the west side of Merriman's Lane (Route 62 1) at the Winchester and Western Railroad crossing and east of Route 37, approximately 1,100' south ofBreckenridge Lane, and is identified with Property Identification Number 53-A-88 in the Back Creek Magisterial District. (Mr. Wyatt) ....................................................... J 13) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 21, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back Creek District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District, W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator, Michael T. Ruddy, Planner 11; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Mr. Wyatt pointed out that the Curtis L. Braithwaite rezoning application was withdrawn by the applicant on October 13, 1998. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver, subcommittee member, reported that the CPPS held three general public information meetings concerning the South Frederick Land Use Study; those meetings were conducted at the Tri - County OIC, the Youth Development Center, and the Armel Elementary School. She said the meetings were well attended and Mr. Wyatt will have a report this evening on the results of those meetings. Frederick County Planning Commission Minutes of October 21, 1998 Page 261 -2 - Historic Resources Advisory Board (HRAB) -10/20/98 Mtg. Mr. Morris, subcommittee member, reported that the HRAB reviewed a potential rezoning on Route 11 North for ten acres of Wampler property. He said that there is some historical significance there because the property is adjacent to the L. O. Dick House. Mr. Morris said that the HRAB's recommendations will be brought before the Commission at the time of the rezoning request. Sanitation Authority (SA) Mrs. Copenhaver, liaison to the SA, reported that the City has decided that they would be happy to sell the County water to help out, but they do not wish to merge with the County on water at this time. Mrs. Copenhaver also reported that she has a half dozen letters from citizens concerning the water tank; in one of the letters, a citizen is objecting to the tank being placed adjacent to James Wood School. Mrs. Copenhaver felt that potential sites should be marked in some way, so citizens know which locations are being considered. DISCUSSION ITEMS Request for Exemption from the Subdivision Ordinance Requirement, submitted by Mr. Lee Ebert on behalf of William C. Pulman, Jr., to gain an exemption to the 50' right-of-way width requirement of the Subdivision Ordinance, Section 144-31.C(3). The property is identified with P.I.N. 50-A-41 and is located in the Back Creek Magisterial District. Action - Recommended Approval with Caveat Mr. Eric R Lawrence, Zoning Administrator, reported that staff had received a request from Mr. Lee A. Ebert, on behalf of William C. Pulman, Jr., to gain an exemption to the 50' right-of-way width requirement of the Subdivision Ordinance, Section 144-31.C(3). Mr. Lawrence explained that Mr. Pulman owns approximately 186 acres just west of Wardensville Grade, in the Mount Pleasant community, and desires to subdivide the parcel into two agricultural tracts. He said that access is presently via a 20' right-of-way across adjoining property owned by Mr. and Mrs. Roe. Mr. Lawrence pointed out that the Roes were contacted by Mr. Ebert and the Roes have stated that they would not agree to a right-of-way width beyond the existing 20'. Mr. Lawrence said that based on the location of the land division, the nature of the surrounding properties, and the fact that the division is to establish two agricultural lots, staff believed that a waiver to allow for a 20' right-of-way was reasonable. Mr. Michael M. Artz with Ebert and Associates was available to answer questions from the Commission. Frederick County Planning Commission Minutes of October 21, 1998 Page 262 -3 - There were no citizen comments. No issues of concern were raised by the Planning Commission. Mr. Marker made a motion to approve the waiver, as long as the subdivided property remained as agricultural lots. This motion was seconded by Mrs. Copenhaver. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request for exemption from the 50' right -0f --way width requirement of the Subdivision Ordinance, Section 144-31.C(3), submitted by Mr. Lee Ebert on behalf of William C. Pulman, Jr., with the caveat that the subdivided lots remain as agricultural lots. Zoning District Buffer Waiver Request submitted by Greenway Engineering on behalf of Abundant Life Christian Church. The property is identified with P.I.N. 75-A-40 and is located in the Opequon Magisterial District. Action - Approved Mr. Eric R Lawrence, Zoning Administrator, reported that the staff received a request from Mr. Gary Oates of Greenway Engineering, on behalf of Abundant Life Christian Center, to gain a waiver to the Zoning District Buffer requirements that are applicable to their property. Mr. Lawrence explained that the Abundant Life's property, which is a church use, is located on Aylor Road, directly west of Fredericktowne's Frederick Road entrance. He said that Abundant Life has requested that they be allowed to utilize the Full Screen, Category B Zoning District Buffer without the screening requirements, which include landscaping and an opaque element. Mr. Lawrence noted that this essentially establishes a 50' distance (setback) buffer between the Abundant Life property and the RP -zoned properties to the south and east. He added that the 50' distance buffer would enable the church to construct the parking area and a future gymnasium/ school building. Mr. Gary Oates with Greenway Engineering, representing Abundant Life Christian Church, presented copies of two letters from adjoining neighbors, Ms. Robin Strosnider and -Mrs. Bessie F. Combs, who were requesting that screening be eliminated between the property lines. Mr. Oates explained that Mrs. Combs, who lives directly to the south of the church at 766 Aylor Road, could not be present this evening, but she wanted to express her desire not to have screening along the property. Mr. Oates said that as far as setbacks for structures along the property line, Abundant Life is comfortable with the 50' setback required by BOCA and this would meet the maximum buffer for Zoning in B 1 against RP. He explained that although churches are allowed in RP Zoning, Abundant Life does not desire to rezone at this time in order to waive all the zoning buffers because they are currently mortgaging the church and they believed that B 1 -zoned property was worth more. Commissioner Miller noted that Greenway Engineering's drawing did not show a berm with shrubs extending out to the remainder of the parking lot adjacent to Aylor Road. Mr. Miller recalled that this was an issue when the church and parking lot was initially constructed because the berm and shrubs would shield adjoining properties from the headlights of cars turning in the parking lot. Frederick County Planning Commission Minutes of October 21, 1998 Page 263 -4 - Mr. Oates said that the actual site plan shows 36" tall shrubs blocking the headlights. He said that continuation of the berm is not shown because in 1991, when the plan was originally approved, the condition was to have a 36" tall hedge and they later opted to put in the berm with plantings on top. Other members of the Commission inquired if the applicant was vehemently opposed to continuing the berm down along there. It was noted that this alleviated many complaints from the neighbors and they did not want to see the berm discontinued. Mr. Oates replied that they were not entirely opposed to continuing the berm, and there was a good chance the berm would continue. Mr. Malcohn Vandereit, Pastor of the Abundant Life Christian Center, asked that the Commission approve their request for removal of the screening. Pastor Vandereit believed screening would isolate the church from the community they are attempting to serve; it may create a haven for objectionable activity during evening hours when no one would be at the church, and would make people feel vulnerable and fearful when coming to and leaving evening activities. He also believed it would take away the openness they wanted to preserve for the pre-school child care center. Chairman DeHaven called for public comment and the following persons came forward to speak: Ms. Robin Strosnider, resident at 741 Aylor Road, said that she lived directly across the area from where the trees are to be planted. Ms. Strosnider stated that she did not feel safe about the idea; she said that her husband works nights and she has two small children. She said that if the trees are planted, it could provide a haven for objectionable activities. Commissioner Thomas recalled that when Abundant Life Center requested initial construction of the church, numerous neighbors came in who were concerned about the noise and lights. Mr. Thomas said that since there seems not to be that level of concern at this time, he moved to approve the waiver request according to staff recommendations. Other Commissioners noted that screening is placed for protection of surrounding neighbors; however, since the neighbors had specifically requested that the evergreens be eliminated, they did not see the need to insist that they be planted. Commissioner Thomas modified his motion to eliminate the evergreen trees and maintain the 50' distance (setback) buffer between the Abundant Life property and the RP -Zoned properties to the south and east; and, continuation of the berm along Aylor Road on the front side of the parking lot. This was seconded by Mr. Morris. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the waiver of the Zoning District Buffer requirements, under the provisions of the Zoning Ordinance, Section 165- 37.1)(5), requested by the Abundant Life Christian Center, by eliminating the evergreen trees and maintaining the 50' distance (setback) buffer between the Abundant Life property and the RP -Zoned properties to the south and east; and, continuation of the berm along Aylor Road on the front side of the parking lot. Frederick County Planning Commission Minutes of October 21, 1998 Page 264 -5 - Request for a Reduction in the Entrance Spacing Ordinance Requirement, Section 165-29B(1), submitted by Jim Emmart of Emmart Oil Company for Bo's Belly Barn. The property is identified with P.I.N. 63-A- 66, and is located in the Back Creek Magisterial District. Action - Tabled Mr. Michael T. Ruddy, Planner 11, said that the request is from Mr. Jim Emmart of Emmart Oil Company and Mr. John Lewis of Painter -Lewis, P.L.C., consulting engineer. Mr. Ruddy said that the request is for a reduction in the entrance spacing requirements at Bo's at Kemstown, located on Route 11 South, and proposes to increase the width of the southern entrance onto Route 11 from 50' to 70'. He explained that the minimum driveway spacing along major collector roads is 150', therefore, the existing entrance is nonconforming. Mr. Ruddy continued, stating that the proposed expansion to the entrance would increase the level of the nonconformity, reducing the entrance spacing to 35'. Mr. Ruddy added that a pattern of circulation throughout the site has not been identified and without circulation controls, the expanded entrance creates the potential for more points of conflict between vehicles entering and exiting the site. He also stated that the applicant had not proposed any additional means of controlling access that would advance safe and convenient access to and from the site and to promote efficient travel along Route 11. Mr. Jim Emmart and Mr. John Lewis came forward and explained to the Commission why they believed that the overall design of the site will safely accommodate the existing traffic, and traffic that will be generated in the future from the undeveloped portion of the Schenk property to the rear. After considerable review of the plan and discussions with the applicant, members of the Commission felt that nothing had been offered by the applicant to even permit the Commission to grant the request according to the ordinance. Members of the Commission believed the site was workable and they offered several design suggestions for the applicant to try, such as changing the shape and size of the island and shrinking the size of the entrance. The applicants requested that the Commission table their request in order to give them some time to rework the site plan and incorporate some of the suggestions made by the Commission. Upon motion made by Mr. Miller and seconded by Mr. Stone, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table the request for a reduction in the entrance spacing ordinance requirement, Section 165-29B(1), submitted by Jim Emmart of Emmart Oil Company for Bo's Belly Barn, until the following Planning Commission meeting, scheduled for November 4, 1998. Frederick County Planning Commission Minutes of October 21, 1998 Page 265 DISCUSSION ON THE SOUTHERN FREDERICK LAND USE STUDY PUBLIC INFORMATION AND ORGANIZATION MEETINGS No Action Mr. Evan A. Wyatt, Deputy Planning Director, brought the Commission up-to-date on where the Comprehensive Plans and Programs Subcommittee (CPPS) is with the land use study and advised the Commission of some of the information obtained from the public meetings. Mr. Wyatt said that he hopes to schedule a worksession with the CPPS, Planning Commission, and Board of Supervisors in December. OTHER Mr. Evan A. Wyatt, Deputy Planning Director, requested the Commission's preference on the format for the 1999 Planning Commission Retreat. The Commission was in agreement that the retreat should be an all -day format with no dinner. Specifically, they preferred a morning session from 10:00 a.m. to 12:00, a lunch break, and then an afternoon session from 1:00 to 4:00. They believed that the retreat was much more productive when members of the Board of Supervisors and the County Administrator were present. They also agreed that an outside speaker was beneficial and informative. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:50 p.m. by Respectfully submitted, Evan A. Wyatt, Deputy Planning Director Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of October 21, 1998 Page 266 • J • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 4, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back Creek District; Robert A. Monis, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Richard C. Ours, Opequon District. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R Lawrence, Zoning Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - OCTOBER 7,1998 Upon motion made by Mr. Romine and seconded by Mr. Light, the meeting minutes of October 7, 1998 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of November 4, 1998 Page 267 -2 - COMMITTEE REPORTS Sanitation Authority (SA) -11/03/98 Mtg. Mrs. Copenhaver, Planning Commission's liaison to the SA, reported that the SA discussed the placement of the water storage tank, however, no final decision was made at the meeting. She also reported that the 37 interchange at the hospital is being bid this month. PUBLIC HEARINGS Rezoning #015-98 of Jack K. Wampler, submitted by Greenway Engineering, to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Rt. l l) about 0.5 miles south of the intersection with Hopewell Road (Rt. 672), and is identified with P.I.N. 33 -A -164D in the Stonewall Magisterial District. Action - Tabled for 30 Days Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. In conclusion, Mr. Wyatt pointed out that a number of issues pertaining to the Comprehensive Policy Plan and review agency conunents remain outstanding at this time and have not been adequately addressed by the applicant. He said that issues pertaining to future transportation improvements, appropriate buffers and screening, the type and intensity of uses, and the provision of adequate infrastructure are critical and should be addressed at the time of rezoning. Mr. Wyatt said that it was the staff's belief that these issues have not been adequately addressed at this time. Referring to the staff comments concerning the need for a future collector road and the four- laning of Route 11, members of the Commission asked the staff where the anticipated collector would go and to explain the need to four -lane Route 11 with this rezoning. Mr. Wyatt said that the Route 11 Land Use Study states that in order to link uses throughout the corridor, instead of having multiple businesses front on Route 11, there should be a series of collector roads that would go through the properties and connect at signalized interchange areas along Route 11. He said that this property is actually the northernmost spot in the land use study which calls for a signalized intersection between this property and a major collector on the east side. Mr. Wyatt pointed out that the Winchester Area Transportation Study and the land use study adopted for this area both call for the four-laning of Route 11. Mr. Wyatt noted that there is an increased traffic potential with any rezoning and he added that a dedicated right-of-way is normally desirable. Mr. Mark Smith with Greenway Engineering, the design engineers for this project, explained that Mr. Wampler has an existing business on Route 11 and would like to create a better site, with improved visibility and aesthetic appeal. Mr. Smith presented copies of a revised proffer statement to the Planning Commission and reviewed the revisions with the Commission. Those revisions included a buffer with an evergreen screen for the 133 -zoned area to satisfy concerns of Frederick County Public Schools; a 100' buffer with a C high bene and evergreen screen for the 132 -zoned area to mitigate viewshed impacts to the L. 0. Dick House; Frederick County Planning Commission Minutes of November 4, 1998 Page 268 -3 - an archeological survey to be conducted prior to future site development as requested by the HRAB; agreement to pay, in whole or in part, improvements required by VDOT; and finally, the monetary contribution for impacts to fire and rescue services was increased and exceeds the amount designated in the Capital Facilities Impact Model. Chairman DeHaven called for public comments and the following person came forward to speak: Dr. Raymond Fish, adjoining property owner, came forward to speak in favor of the requested rezoning. He did not believe the proposed use would distract from the historic nature of the property. Members of the Commission preferred only two entrances on Route 11, instead of the three proposed, due to traffic coming from the adjacent park and school. It was noted that two entrances would be more in line with the land use plan for this area. Chairman DeHaven conferred with Mr. Jay Cook, legal counsel, about the propriety of taking action on the rezoning in light of the revised, unsigned proffer statement submitted by the applicant. Mr. Light moved to table the rezoning for 30 days pending proffer acceptance by the County. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Application #015-98 of Jack K Wampler to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition) and 10.70 acres from RA (Rural Areas) to B2 (Business General) for 30 days, pending acceptance of the revised proffer statement by the County. Rezoning Application #016-98 of J. Carson Cline Estate, submitted by Greenway Engineering, to rezone 4.70 acres from RP (Residential Performance) to B2 (Business General). This property is located on the north side of Fairfax Pike (Rt. 277), approximately 0.11 miles west of Warrior Drive, and is identified with P.I.N. 86-5-F in the Opequon Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Director, read the background information and review agency comments. Mr. Wyatt said that the applicant's impact analysis statement does not address the corridor improvements called for in the WATS and the Eastern Road Plan. He also noted that the applicant's proffer statement does not attempt to mitigate transportation issues other than limited commercial entrance development. Mr. Wyatt advised the Commission that a land use plan has not been approved for the Fairfax Pike corridor; therefore, there is no clear direction in the Comprehensive Policy Plan regarding this application. Mr. Mark Smith with Greenway Engineering, the design engineers for this project, said that the owner of this property has passed away and the executor of the estate, Mr. Charles Boyd, is carrying out his duties to disperse of the estate. He said that Mr. Boyd has spoken with the adjoining property owners and they do not have a problem with the rezoning of this property. Mr. Smith predicted the future rezoning of adjoining Parcels G, H, and E, after the rezoning of this parcel, Parcel F. Mr. Smith said that he used the standard buffering Frederick County Planning Commission Minutes of November 4, 1998 Page 269 -4 - required in the code between residential and commercial uses. Regarding the transportation issue, Mr. Smith said they they revised the proffer to meet VDOT's recommendations. Members of the Commission raised concern about the ability of Route 277 to accommodate the additional traffic that would be generated at this location by a commercial use. Mr. Smith believed there would not be a significant increase with this particular parcel; however, if and when this comer develops into a commercial area, he said that traffic will be an issue. Mr. Smith said that Route 277 is a top priority for traffic studies to be done; he said that once the study has been completed, all the properties involved will have to share the burden as far contributing to widening and dedication of right-of-way. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. John B. Shifflett, adjoining property owner on Route 277, said that he lives on the south side of the Cline Estate, and his son's property adjoins it on the north side. Mr. Shifflett said that neither he nor his son have any objections to the proposed rezoning to B2. Mr. Shifflett added that a lot of the traffic is generated by the school and the school needs to do their part. Mr. Robert C. Pownall of White Post said that his concern was the numerous vacant business - zoned areas west of this property. Mr. Pownall said that if all of these areas develop commercially, not only will Route 277 need improvements, but Tasker Road may also have to be four-laned as well. Mr. Charles Boyd, the executor of the estate, introduced himself to the Commission. There was some discussion by members of the Commission concerning the precedent -setting situation that would be created by rezoning this parcel and at what point the domino -effect would stop. Some members also had concerns about the numerous areas of vacant B2 and the impact to traffic when all of these areas eventually develop. While some Commission members voiced concern about placing a commercial zoning in the middle of so much existing residential development, others did not believe this was an appropriate location for additional RP -zoned property and believed a commercial zoning here was appropriate. Upon motion made by Mr. Romine and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #016-98 of J. Carson Cline Estate to rezone 4.70 acres from RP (Residential Performance) to B2 (Business General), pending final review and acceptance of the proffer statement and other review agency comments, by the following majority vote: YES (To Approve): DeHaven, Wilson, Romine, Thomas, Stone, Marker, Copenhaver, Light, Morris NO: Miller (Note: Mr. Ours was absent from the meeting.) Frederick County Planning Commission Minutes of November 4, 1998 Page 270 -5 - Rezoning Application #017-98 of Gore School to rezone 3.29 acres from RA (Rural Areas) to B2 (Business General). This property is located at 251 Gore Road (Rt. 751), and is identified with P.I.N. 28-A-52 in the Back Creek Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the applicant planned to use the site as a self-service storage facility and has proffered out all other potential uses in the 132 Zoning District. He pointed out that the perpetual effect of a favorable action would be a specific commercial use on this site which is not water and sewer dependent and which has a reasonably low average daily traffic count. Mr. Wyatt stated that a monetary amount 17% greater than the amount demonstrated by the Capital Facilities Impact Model results was proffered by the applicant. Mr. Wyatt added that the applicant is willing to allow public access on the site for use as a neighborhood park, which would be maintained by the applicant. Mr. Wyatt suggested that the applicant provide additional information regarding facility security lighting and hours of operation. Mr. Michael B. Morgan, the owner and applicant, spoke with the Commission about his proposed operation. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. William Jeannette was not opposed to the rezoning, but had the following questions about the proposed use: 1) what would be the hours of operation; 2) would security lighting affect the neighbors; 3) will there be outside storage; 4) will the size of the individual interior units exceed the square footage allowed by the zoning ordinance; 5) will the facility be completely screened according to the B2 Code requirements; and, 6) will lease agreements state that no hazardous materials are to be stored. Mr. Frederick S. Vondy, attorney, said that he spoke with several of the neighbors who were not in favor of the proposed use. Mr. Vondy expressed the following reasons for opposition: 1) its potential negative impact on the surrounding residential neighborhood; 2) vegetative or opaque fencing will not accomplish screening objectives because of the way the property drops off; 3) an additional self-service storage facility use will not benefit the community; 4) the use promotes the storage of drugs and other stolen items; 5) children playing in the park would be at risk because of strangers and outsiders coming to use the facility; 6) a 132 -zoned property in the middle of an RA -zoned area was not appropriate. Mr. Michael Morgan came forward once again to address some of the concerns raised. Mr. Morgan said that he could establish a curfew for hours of operation and was willing to work with the Planning Department on that issue; he planned to use sensor/motion lighting at the site to minimize the impact to neighbors; there would be no outside storage; all interior units are approximately 700 square feet and the larger auditorium would be sectioned off, all leases will dictate residential storage only, not commercial, and that no hazardous materials are to be stored; the use will benefit the community because of the business taxes he will pay; and finally, he believed that many of the uses normally permitted in a 132 zone, which he has proffered out, would be far more detrimental to the neighborhood than the proposed storage use. Commissioners were in favor of the rezoning with the proffers offered, as long as the issues raised were addressed. Frederick County Planning Commission Minutes of November 4, 1998 Page 271 M Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #017-98 of Gore School to rezone 3.29 acres from RA (Rural Areas) to B2 (Business General) with proffers as submitted, by the following majority vote: YES (To Approve): Stone, Thomas, Romine, DeHaven, Marker, Copenhaver, Light, Morris, Wilson NO: Miller (Note: Mr. Ours was absent from the meeting.) DISCUSSION ITEMS: Request for a reduction in the entrance spacing ordinance requirements, Section 165-29B(1), submitted by Mr. James Emmart of Emmart Oil Company for Bo's Belly Barn. The property is identified with P.I.N. 63-A-66 and is located in the Back Creek Magisterial District. (This item was tabled from the Commission's October 21, 1998 meeting.) Action - Recommended Approval Mr. John Lewis of Painter -Lewis, P.L.C., the consulting engineer, was present to answer questions from the Commission on the revised plan submitted for the Bo's Belly Barn site. Mr. Lewis stated that the entrance width was reduced considerably and the islands were re -oriented per the Commission's suggestions at the October 21, 1998 meeting. Members of the Commission spoke favorably of the revisions and noted that the revised plan was an improvement to the site and addressed part of the concerns raised by the Commission. It was pointed out by some members of the Planning Commission, however, that there was still a lot of activity taking place on this particular site for its small size and this was cause for concern. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the revised plan for a reduction in the entrance spacing ordinance requirement, Section 165-29B(1), submitted by Mr. James Emmart of Emmart Oil Company for Bo's Belly Barn, by the following majority vote: YES (To Approve): Copenhaver, Marker, DeHaven, Wilson, Romine, Thomas, Stone, Miller NO: Moms, Light (Note: Mr. Ours was absent from the meeting.) Frederick County Planning Commission Minutes of November 4, 1998 Page 272 -7 - Conditional Use Permit Application #008-98 of Meade's Family Day Home, submitted by Ms. Winona M. Clark, for a day care facility. This property is located at 150 Twine Lane, and is identified with P.I.N. 26 -A -34A in the Gainesboro Magisterial District. (This item was tabled from the October 7, 1998 meeting.) Action - Tabled for 30 Days Mr. Eric R Lawrence, Zoning Administrator, stated that this item was tabled at the Commission's October 7, 1998 Planning Commission meeting in order to give the applicant the opportunity to address issues raised by the Fire Marshal. Specifically, those concerns were: 1) that the residence had no defined driveway and the closest road is approximately 150' from the dwelling, which would not allow adequate fire and rescue access; and, 2) the remains of a burnt-out dwelling exist on the property which presents a safety hazard for children and this should be secured or razed. Mr. Lawrence said that he was not aware of any action taken by the applicant to take care of the Fire Marshal's issues. Mrs. Shirley Meade, business partner and mother of the applicant, Ms. Winona M. Clark, showed a video of the property for the Commission's information. Members of the Commission asked Mrs. Meade if she had contacted the Fire Marshal. Mrs. Meade replied that she had not contacted the Fire Marshal because she did not see any reason why a fire and rescue vehicle could not easily access her property. Members of the Commission explained to Mrs. Meade that their interpretation of a "defined" driveway was one that was not grass -covered, and was located specifically on the Virginia side of her property, and this was required by the Fire Marshal in order to provide immediate access by fire and rescue vehicles. Members of the Commission also stated that the issue of the burnt-out dwelling needs to be addressed They strongly suggested that Mrs. Meade get in touch with the Fire Marshal to work out these issues and Mrs. Meade replied that she would. Upon motion made by Mr. Miller and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table for 30 days Conditional Use Application #008-98 of Meade's Family Day Home, submitted by Ms. Winona M. Clark, for a day care facility, in order to give the applicant another opportunity to get in contact with the Fire Marshal and address the concerns raised. OTHER Chairman DeHaven said that during the October 21, 1998 discussion of the Zoning District Buffer Waiver Request by Greenway Engineering on behalf of the Abundant Life Christian Church, Mr. Gary Oates of Greenway Engineering presented copies of two letters from adjoining property owners, Ms. Robin Strosnider and Mrs. Bessie F. Combs. Chairman DeHaven asked if it was the Commission's desire to make those two letters a part of the official record. Upon motion made by Mr. Miller and seconded by Mr. Romine, the Frederick County Planning Commission unanimously agreed to make the two letters, one from Ms. Robin Strosnider and one from Mrs. Frederick County Planning Commission Minutes of November 4, 1998 Page 273 ME Bessie F. Combs, a part of the official record for the Abundant Life Christian Church's Zoning District Buffer Waiver Request. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:50 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of November 4, 1998 Page 274 APPLICATION ACTION SUMMARY (printed November 19, 1998) KOMMEM Application cannewly submitted. n 1 s mi fled REZONING: Gore School (REZ #017-98) Back Creek 3.29 ac. from RA to B2 Location: 251 Gore Road (Rt. 751) (old Rt. 50); Gore Submitted: 10/09/98 PC Review: 11/04/98 - recommended approval w/ proffers BOS Review: 12/09/98 J. Carson Cline Estate (REZ #016-98) Opequon 4.70 ac. from RP to B2 Location: Along north boundary line of Fairfax Pk. (Rt. 277); approx. 0.11 miles west of Warrior Drive. Submitted: 10/13/98 PC Review: 11/04/98 - recommended approval w/ proffers BOS Review: 12/09/98 Jack K. Wampler, Sr., et. als. (REZ #015-98) Stonewall 9.30 ac. from RA to B3 and 10.70 ac. 1 from RA to B2 Location: West side of Martinsburg Pk. (Rt. 11), about 0.5 mi. south of the intersection with Rt. 672. Submitted: 10/09/98 PC Review: 11/04/98 - tabled for 30 days (to 12/02/98) BOS Review: 12/09/98 - tentatively scheduled Gregory Investments (REZ #014-98) Opequon .149 ac. from RP to B2 Location: The intersection of Aylor Rd. (Rt. 647) & Double Church Rd. (Rt - Rt.641) on the west side of A for Rd. & along I-81. 64 1) Submitted: 09/11/98 PC Review: 10/07/98 - recommended approval w/ proffers BOS Review: 10/26/98 - approved w/ proffers Thomas Grove (REZ #012-98) Shawnee 1 6.008 ac. from RA to MI Location: Airport Road (Rt. 645) Submitted: 08/21/98 PC Review: 10/07/98 - recommended approval w/ proffers BOS Review. 10/26/98 - approved w/ proffers Applications Action Summary Printed November 19, 1998 MASTER DEVELOPMENT PLANS: SUBDIVISIONS: Kernstown Business Park (SUB #017-98) Back Creek Subdivision of a 2.0000 ac. lot (B2); remaining acreage is approx. 23 ac. Location: Lot 8, Section 1, Kernstown Business Park Submitted: 09/04/98 MDP #003-91 MDP approved by BOS 07/10/91; MDP admin. approved 09/03/91 Subd. Admin. Approved: 11/04/98 Applications Action Summary Printed November 19,1998 Autumn Glen, Sect. I (SUB 015-98) Opequon 21 lots - duplex & multiplex (52 1 dwellings) on 14.8 ac. (RP) Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MDP#004-98(Tasker Rd Lnd Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. Approved:- Phase I approved on 11/04/98 for 21 dwellings Briarwood Estates (SUB #014-98) Stonewall 184 single-family lots on 55.7887 ac (RP) Location: East side of Greenwood Rd. (Rt. 656) midway between Senseny Rd. (Rt. 657) & Valley Mill Rd. (Rt. 659) Submitted: 06/29/98 MDP #003-98 MDP approved by BOS 05/27/98; MDP Admin. Approved 06/29/98 Subd. Admin. Approved: Pending Mark & Rachelle Repine (SUB #004-98) NO MDP Shawnee Subdivision of 1.3719 ac. into 3 s.f. lots I (RP) Location: Heritage Hills Subd.; along the eastern portion of Idlewood Drive Submitted: 01/26/98 PC Review: 02/18/98 - recommended approval BOS Review: 03/11/98 - approved Admin. Approved: Pending Chapel Hill Subdivision (SUB #014-97) Shawnee 34 S.F. Det. Urban Lots on 14.4214 1 acres (RP) Location: East side of Rt. 522, 0.15 mi. south of Longcroft Rd. (Rt. 785) Submitted: 10/30/97 MDP #006-96: Approved by BOS 08/14/96; Admin. Approved on 09/17/96 Subd. Admin. Approved:. 10/30/97 Applications Action Summary Printed November 19,1998 Star Fort, Sect. II (SUB #010-97) Stonewall Subdivision of 11.6182 ac. for 26 s.f. detached traditional lots Location: U.S. Rt. 522 and VA Rt. 832 Submitted: 09/16/97 MDP #004-94 Approved by BOS 09/14/94; Admin. Approved 04/10/95 Subd. Admin. Approved: 11/12/98 Lenoir City Co. Lot 2; Stonewall Indust. Pk. (SUB #007-97) Gainesboro Subdivision of a 2.6584 ac. lot (Ml) 1 Location: - McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: Pendia Dominion Knolls (SUB #005-97) Stonewall 75 s.f. zero lot line lots on 20.278 ac. (RP) Location: -So -west comer of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved- Section 1 (25 lots) approved 06/02/98; Sections 2 & 3 Pending Winc-Fred Co. IDC (SUB) Back Creek 1 2 M1 Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87: Approved by BOS 07/08/87; Admin. Approved 06/08/88 Pending Admin. Approval Awaiting signed plats. Applications Action Summary Printed November 19, 1998 RT&T Partnership (SUB) Back Creek I 1 Lot - 29.6 Acres (B2) Location: VaHey Pike (Rt. 11 So.) Submitted: 05/17/95 MDP #003-91 A roved by BOS 07/10/9 1; Admin. Approved 09/03/91 Pending Admin. A royal: Awaitingsubmission of signed plat & deed of dedication Abrams Point, Phase I (SUB) Shawnee 230 SF Cluster & Urban Lots (RP) Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 - recommended approval BOS Review: 06/13/90 - approved Pending Admin. Approval: Awaiting deed of dedication, letter of credit, and signed plat Harry Stimpson (SUB) Opeguon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: Awaiting signed plat. SITE PLANS: Applications Action Summary Printed November 19, 1998 Dousa Miniature Golf Course (SP #066-98) Gainesboro in. Golf Course (CUP#004-98) 3.045 La(.developed of a 3.045 ac. site (RA) Location: 154 Gainesboro Road Submitted: 10/09/98 Approved: 11/18/98 Crider & Shockey, Inc. of W.V. (SP #065-98) Stonewall Industrial/Mfg. Use; 9.2467 ac. developed of a 9.2467 ac. site (MI) Location: West Brooke Road; Ft. Collier Industrial Park Submitted: 10/15/98 Approved: Pending Jones & Frank (SP #064-98) Stonewall Warehouse & office use; 5.0 ac. developed on a 5.0 ac. site (MI) Location: 150 Fort Collier Road, Fort Collier Industrial Park Submitted: 10/19/98 Approved: Pendia Raymart, Inc. (SP #063-98) Shawnee 24' X 16' addition for ADA upgrades & exterior improvements Location: 1039 Millwood Pike Submitted: 10/14/98 Approved: Pendia God's Glory Land (SP #061-98) Back Creek Church Retreat; 26.45 ac. to be developed of a 85.7 ac. site (RA) Location: Back Creek Road Submitted: 10/01/98 Approved: Pending Applications Action Summary Printed November 19,1998 World Wide Automotive (SP #062-98) Stonewall OMce/Industrial Uses; 2.828 ac. parcel 1 to be developed on 26.45 ac. tract (MI) Industrial/Manufacturing; 12.2 ac. to 1 be developed on a 12.203 ac. site (MI) Location: Fort Collier Industrial Park; West Brooke Road Submitted: 10/01/98 Approved: Pending Dawson Industrial Park (SP #060-98) Back Creek OMce/Industrial Uses; 2.828 ac. parcel 1 to be developed on 26.45 ac. tract (MI) Location: Northeast comer of Route 37 & Shady Elm Road (Rt. 651) Submitted: 09/29/98 Approved: Pending Autumn Glen (SP #059-98) Opequon Duplex/ Multiplex; 14.42 ac. developed of a 73.47 ac. site; (RP & 112) Location: Tasker Road (Rt. 642) Submitted: 09/25/98 Approved: 11/04/98 Kim Henry Property - Mini Warehouse (SP #057-98) 1 Stonewall 7,504 s.f. warehouse; 4 ac. developed 1 of a 7.74 ac. site (113) Location: Intersection of Baker Lane & Fort Collier Road Submitted: 08/26/98 Approved: Pending Bo's at Kernstown/ Emmart Oil Co. (SP #052-98) Back Creek convenience store/gasoline sales; 0.846 1 ac. parcel to be developed (132) Location: Valley Avenue (Rt. 11), South of Winchester Submitted: 07/24/98 Approved: Pending Applications Action Summary Printed November 19, 1998 Moffett Property (SP #050-98) Stonewall Metal warehse addition (4,800 g.s.f.); 1.392 ac. site; 0.465 disturbed (B3) Location: 1154 Martinsburg Pike Submitted: 07/21/98 Approved: Pending Hayfield Assembly of God (SP #049-98) Gainesboro 3,789 s.f. addition to existing church; 3.053 ac. site (RA) Location: 771 5118 Northwestern Pike, Gore Submitted: 07/20/98 Approved: Pending Abundant Life Church (SP #046-98) Opequon Addition to Existing Church - 2 ac. developed on 17.4 ac. site (Bl) Location: 700 A for Rd; East of I-81 on Rt. 647, beside Fredericktowne Subd. Submitted: 06/29/98 Approved: 11/12/98 T.P. & Susan Goodman (SP #04498) Stonewall Hackwood/ Minor Site Plan (RA) Location: 534 Redbud Road Submitted: 06/10/98 Approved: Pending Cives Steel Company (SP #042-98) Stonewall Addition of paper storage bldg.; 1,200 s.f. of 18.07 -ac. site (Ml) Location: 210 Cives Lane (behind Shade Equipment Co.) Submitted: 06/17/98 Approved: Pending Applications Action Summary Printed November 19,1998 Blue Ridge Grace Brethren Church (SP #026-98) Back Creek Sanctuary Addition; 1.2 ac. developed 1 on a 10 ac. site (RA) Location: 1025 Cedar Creek Grade Submitted: 04/01/98 Approved: Pending Southeast Container (SP #001-98) Stonewall District Parking Lot; 0.2 ac. Disturbed on a 89.6 ac. Site (Ml) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Agape Christian Fellowship Church Sanctuary (SP #005-97) Shawnee Church Expansion; 2.5 ac. to be 1 developed of a 29.5115 ac. site (RA) Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/I-81 Interchg. Submitted: 02/ 12/97 Approved: Pending Shenandoah Bldg. Supply (SP #056-96) Gainesboro Warehouse on 5 acres (Ml) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Pending Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. (B2) Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: Pending Applications Action Summary Printed November 19,1998 10 AMOCO/House of Gifts (SP #022-96) Gainesboro Gas Pump Canopy 880 sq. ft. area of a 0.916 acre parcel (RA) Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: Pendin American Legion Post #021 (SP #018-96) Stonewall Addition to lodge building on 3.4255 acre site (B2) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: [7Pendin,- WheatlandsWastewater Facility (SP #047-89) Opequon Treatment Facility on 5 Acres (R5) Location: So. West of Double Toll ate; ad. & west of Rt. 522 Submitted: 09/12/89 Note: Being held at applicant's request. Flex Tech (SP #057-90) Stonewall Ml Use on 11 Ac. (Ml) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held atapplicant's request. Applications Action Summary Printed November 19, 1998 11 CONDITIONAL USE PERMITS: Meade's Family Day Home (CUP #008-98) Gainesboro Day Care Facility Location: 150 Twine Lane, Gore Submitted: 09/11/98 PC Review: 10/07/98 tabled for 30 days; 11/04/98 tabled for 30 days to 12/02/98 BOS Review: Not scheduled at this time. Ricky Lee Pitts (CUP #007-98) Back Creek Public garage without body re air (RA) Location: 4445 Back Mountain Road Submitted: 09/11/98 PC Review: 10/07/98 - recommended approval w/ conditions BOS Review: 10/26/98 - approved w/ conditions Boyd L. Bloomer (CUP #006-98) Stonewall public garage w/o body repair; construction of 36X48 bldg. (RA) Location: 4784 Martinsburg Pike, Clearbrook Submitted: 09/01/98 PC Review: 10/07/98 - recommended approval w/ conditions BOS Review: 10/26/98 - approved w/ conditions Applications Action Summary Printed November 19, 1998 12 VARIANCES: Ralph Gregory (VAR #020-98) Opequon front setbk var.(s) & variances from requirmts. of zon. dist. buffers (B2/RP) Location: W. Side of A for Rd. (647) at intersctn w/ Double Church Rd. (641) Submitted: 07/24/98 BZA Review: 08/18/98 - approved front setback variances; tabled zoning district buffer variances until 09/15/98; 09/15/98 - tabled zoning district Ip buffer variances until on or before 12/15/98. 11 Applications Action Summary Printed November 19, 1998 13 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 November 25, 1998 Dear Planning Commission Members: Enclosed please find the proffer statement for the Jack K. Wampler, Rezoning. Please place this information behind tab C in your December 2, 1998, Planning Commission Agenda. Sincerely, l Beth A. Hall 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING REQUEST PROFFER PROPERTY IDENTIFICATION NUMBER 33 -((A)) -164D JACK K. WAMPLER, SR., et als Pursuant to Section 15.2 - 2296 Et Seq., 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 # 015- 98 for the rezoning of approximately 9.30 acres from the Rural Areas (RA) Zoning District to the Industrial Transition (B3) Zoning District, and the rezoning of approximately 10.7 acres from the Rural Areas (RA) Zoning District to the Business General (B2) 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 said code and zoning ordinance. 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, heirs, or assigns. The subject property is more particularly described as all of the land conveyed to Jack K. Wampler, Sr. and Polly J. Wampler, and Jack K. Wampler, Jr. and Peggy Wampler by deed from Kimberly Dick Richardson and John Franklin Richardson dated August 12, 1988 of record in the Frederick County Court Clerk's Office in Deed Book 690 at Page 228. The subject property is further described by survey, attached to said deed, prepared by Thomas A. Shockey and dated August 10, 1988 and is purported to contain 20.00 acres. The conditions proffered are as follows: AREA ZONED B-3 - 9.3 ACRES The following proffers shall only pertain to that portion of the property zoned "B-3"- 1. BUFFERING AND SCREENING There shall be a 50' inactive buffer along the adjoining boundary with parcel no. 44-((A))-82, the property known as Stonewall Elementary School. This buffer shall include an evergreen screen consisting of three trees per ten lineal feet that are at least four feet in height at planting. Said buffer shall be binding as long as a public school is operational on this parcel. 2. ALLOWED USES The following uses shall be permitted within the "B-3" zoning on the subject property: Mobile home dealers (SIC 52) Model home sales Accessory retailing Business signs Directional signs Building entrance signs 3. PROHIBITED USES All other uses shall be prohibited on the portion of the subject site zoned "B-3". AREA ZONED B-2 - 10.7 ACRES 4. BUFFERING AND SCREENING There shall be a 100' buffer (50' active and 50' inactive) along the adjoining boundary with parcel no. 33 -((A)) - 164E. This buffer shall include a 6' high earth berm, with an evergreen screen planted on top of the berm, consisting of three trees per ten lineal feet that are at least four feet in height at planting. ENTIRE PARCEL The following proffers shall apply to the entire 20.00 acre parcel: 5. ARCHAEOLOGICAL SURVEY Prior to master plan approval, an archaeological survey shall be conducted on the subject property. Said survey shall be performed by an archaeologist or other qualified individual skilled in performing such surveys. The findings of said survey shall be submitted to the Department of Historic Resources and the Frederick County Planning Department. 6. INGRESS/EGRESS The subject property shall have no more than two entrances on U.S. Route 11. 7. TRANSPORTATION Signage, turn lanes, widening and signalization shall be installed as warranted and required by the Virginia Department of Transportation. The owner hereby agrees to pay for said improvements, in whole or part, as determined by the Virginia Department of Transportation. 8. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above-described property hereby voluntarily proffer that in the event the subject property, parcel no. 33 -((A)) -164D, containing approximately 20.00 acres, is approved for rezoning from Rural Areas (RA) zoning district to Industrial Transition (B-3) zoning district, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time a building permit is issued for said property, the sum of two thousand dollars ($2,000.00) for fire and rescue services. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grant this rezoning and accept the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code_ Respectfully Submitted: Property Owners �ack K. Wampler, Sr. r Polly ck K. Wampler, Jr. Peggy Commonwealth of Virginia City/County of Frederick To Wit: The foregoing instrument was acknowledged before me this 6th day of November 1998 by cqz�Embossed Hereon is My Public ,ary COmmonwealth of Virginia Plotary Public Seal My Commission Expires Febn29,20 My Commission Expires - JASON B. CRNBCRFF PC REVIEW DATE: 11/04/98; 12/02/98 BOS REVIEW DATE: 12/09/98 REZONING APPLICATION #015-98 JACK K. WAMPLER, SR. To rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition) and 10.70 acres from RA (Rural Areas) to B2 (Business General) LOCATION: This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 miles south of the intersection with Hopewell Road (Rt. 672). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID N LAMER: 33 -A -164D PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District West: Zoned B2 (Business General) District Zoned B3 (Industrial Transition) District Use: Vacant Use: Stonewall Elementary School Use: Clearbrook Regional Park; Vacant Use: Commercial; Vacant PROPOSED USE: Mobile Home/Model Home Sales and Commercial REVi!Evv EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning ofthis property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage Jack K. Wampler, REZ #015-98 Page 2 November 23, 1998 features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. 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. Historic Resources Advisory Board: The HRAB recommends that the applicant conduct an archeological survey of the site prior to development, and that a 100' buffer distance from the north property line is maintained. The HRAB recommends that a full screen be provided within this buffer distance which tapers into an evergreen screen from the property bend to the railroad tracks. Fire Marshal: Plan approval recommended. No additional comments. Sanitation Authority: No comments. County Engineer: See attached letter from Harvey E. Strawsnyder, Jr. dated 9-21-98 and follow-up letter dated 10-8-98. County Attorney: Uses should be proffered out, not in. Don't think can proffer how trailers face on a shrubbery and grass. Parks & Recreation: No comments. Frederick Co. Public Schools: In addition to the 50' inactive buffer, we recommend landscaping the buffer area with evergreen trees to serve as screening between the- school and the adjacent property. Health Department: See attached letters from Karl E. Evans dated 8-14-98 and 9-23-98. Planning & Zoning_ 1) Site History The original Zoning Map for Frederick County (U. S. G. S. Inwood Quadrangle) demonstrates that this site was zoned A-2 (Agricultural General) District. This zoning designated was reclassified to RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. 2) Location The 20 -acre site is located in the County's Sewer and Water Service Area (SWSA) and is a Jack K. Wampler, REZ #015-98 Page 3 November 23, 1998 component of the Route 11 North Land Use Plan which was adopted by the Board in 1996. This land use plan calls for industrial and commercial use in the general area of this property_ The 20 -acre site is located on the west side of Martinsburg Pike (Route 11) which provides a significant amount of road frontage. The site abuts the Stonewall Elementary School to the south and is across Martinsburg Pike for the entrance to the Clearbrook Regional Park. 3) Site Suitability The 20 -acre site does not contain areas of steep slope, floodplain, wetlands, or woodlands. The Soil Survey of Frederick County, Virginia identifies prime agricultural soils on the entire site. The Frederick County Rural Landmarks Survey identifies the L.O. Dick House (ID #34-936) within close proximity of this site. This house, located just north of the 20 -acre site, is identified in the survey as a potentially significant historic structure. 4) Potential Impacts a) Transportation System - The applicant has prepared a traffic impact analysis for this application which suggests that the B3 portion of the site would generate 120 vehicle trips per day, and the B2 portion of the site would generate 3,800 vehicle trips per day. This would increase the amount of traffic on Martinsburg Pike (Rt. l l) by 11%. The applicant has estimated that the majority of this traffic access the site via Interstate 81 Exit 321, which would increase the traffic on the segment of Hopewell Road (Rt. 672) between I-81 and Martinsburg Pike by 104%. The Route 11 North Land Use Plan demonstrates the need for the development of a future collector road which would link this site with properties on the southeastern side of Martinsburg Pike. The land use plan calls for the provision of traffic signalization at the intersection of this road and Martinsburg Pike. b) Adjoining Properties - The southern boundary of the 20 -acre site adjoins the Stonewall Elementary School site. This represents the portion of the site that is proposed to be rezoned to B3 (Industrial Transition). The review comment from the Frederick County Public Schools states that a landscaped buffer would be desirable that would adequately screen future development from the Stonewall Elementary School site. c) Historic Resources - The review comment from the HRAB recommends that the northern property line of the 20 -acre site should be developed with a buffer and screen to mitigate viewshed impacts to the L.O. Dick House. The HRAB also recommends that the applicant conduct an archeological survey of this site prior to Jack K. Wampler, REZ #015-98 Page 4 November 23, 1998 the occurrence of development activity. d) Site Suitability - The review comment from the Health Department states that a sewage disposal system could be developed which would allow for 150 g.p.d. to serve a maximum of three employees. The closest public sewer to this site would be in the Stonewall Industrial Park. A study has been prepared by Patton Harris Rust and Associates which recommends various methods to provide public sewer service to properties within the Route 11 North Land Use plan; however, no project has been proposed by the FCSA or private individuals to accomplish this at this time. e) Community Facilities and Services - The Capital Facilities Impact Model was applied to this application on 8/25/98, assuming the development of 228,563 square feet of retail and 18,848 square feet of office space on the 20 -acre site. The results of the impact model demonstrate a negative impact to Fire and Rescue services for capital facilities costs. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney. The applicant's proffer statement has been developed to reflect requirements for the entire site and requirements for the 9.3 -acre portion that is proposed to be rezoned B3 (Industrial Transition) District. The following provides information for each portion of the proffer statement: A) The applicant has proffered to construct no more than three commercial entrances on the entire site, and has offered a monetary contribution to mitigate the impacts to Fire and Rescue _. services. B) The applicant has proffered to limit the permitted uses on the 9.3 -acre B3 (Industrial Transition) portion of the 20 -acre site to mobile home dealers and model home sales and has proffered to provide a 50' inactive buffer along the southern property line, adjacent to Stonewall Elementary School. STAFF CONCLUSIONS FOR 11/04/98 PLANNING COldINHSSION MEETING: The request to rezone the 20 -acre site to create 10.7 acres of B2 (General Business) District, and 9.3 acres of B3 (Industrial Transition) District appears to conform to the general land use bubble diagram that is part of the Route 11 North Land Use Plan; however, there are several issues associated with this adopted land use plan which have not been addressed to date. The land use plan calls for the need to widen Martinsburg Pike (Route 11) to a four -lane condition to be consistent with the Winchester Area Transportation Study. The applicant has not addressed Jack K. Wampler, REZ #015-98 Page 5 November 23, 1998 this issue which could mitigate impacts associated with land acquisition from the Clearbrook Regional Park. The land use study demonstrates the need for the development of a future collector road which would link this site with properties on the southeastern side of Martinsburg Pike. The land use plan calls for the provision of traffic signalization at the intersection of this road and Martinsburg Pike; however, the applicant has not addressed how the future development of this site will impact the need for this improvement or how it will be funded. The land use study states that there is a need to protect rural landmark sites that are identified by the Frederick County Rural Landmarks Survey. The HRAB has provided recommendations which include an archeological survey as an initial step and buffers and screening during the development process. To date, the applicant's proffer statement does not address this issue. The applicant has proffered to set structures 50' from the property boundary line in lieu of the required 15' setback requirement. The Frederick County Public School comment requests protection through a landscaped buffer area which is not proposed as a part of the inactive buffer proffer. The Health Department comment reflects the inability ofthis site to support a sewage disposal system that can accommodate more than 150 g.p.d. and three employees. It is uncertain as to how and when public sewer will be provided to this site; therefore, the current proposal cannot accommodate the majority of uses that are permitted in the B2 (Business General) District. The applicant has proffered to provide a monetary contribution to mitigate the impacts associated with Fire and Rescue services. This amount is inconsistent with the results of the Capital Facilities - Impact Model. The monetary contribution proffered by the applicant maybe appropriate to mitigate the development of less square footage on the 20 -acre site; however, the proffer statement does not provide for this. Staff has concerns regarding the type and intensity of uses which may be developed on the commercial portion of this site. Though the Route 11 North Land Use Plan calls for commercial and industrial development in the area, the timing of such development is dependent upon the availability of appropriate infrastructure. A number of issues pertaining to the Comprehensive Policy Plan and to review agency comments remain outstanding at this time and have not been adequately addressed by the applicant. Issues pertaining to future transportation improvements, appropriate buffers and screening, the type and intensity of uses, and the provision of adequate infrastructure are critical and should be addressed at the time of rezoning. It is staffs belief that these issues have not been adequately addressed at this time. Jack K. Wampler, REZ #015-98 Page 6 November 23, 1998 PLANNING COMMISSION SUMMARY & ACTION OF 11/04/98: The applicant presented a revised proffer statement to the Commission which included: a buffer with an evergreen screen for the B3 -zoned area to satisfy concerns of the public school system; a 100' buffer with a 6' high berm and evergreen screen for the 132 -zoned area to mitigate viewshed impacts to the L.O. Dick House; intent to conduct an archeological survey prior to future site development as requested by the HRAB; an agreement to pay in whole or part any improvements required by VDOT; and, an increase in the monetary contribution to fire and rescue which exceeded the Capital Facilities Impact Model's designated amount. One citizen came forward to speak in favor ofthe requested rezoning; he did not believe the proposed use would distract from the historic nature of the property. In light of the submission of the revised, unsigned proffer statement, Commission members voted unanimously to table the rezoning for 30 days, pending proffer acceptance by the County. (Note: Mr. Ours was absent from the meeting.) Lord FairfaA Environmental Heal a District 107 N. Kent St_ P. ®. Box 2056 Winchester, Virginia 22604 ® (540) 722-3480 FAX (540) 722-3479 Counties of. Clarke, Frederick Page, Shenandoah, Warren, and City of Winchester August 14, 1998 RE: Re -zoning comments TM # 33 -A -164D Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Beeman: I have reviewed the documents on file for this property. It appears that this office issued 1 sewage disposal system permit on 12/15/97 for 150 gallons per day to serve a maximum of 3 employees at a mobile home dealership office. I was not able to find any other records for this property. It is stated in Section 1.8 C of the Virginia Sewage Handling & Disposal Regulations that " all buildings, residences, and structures designed for human occupancy, employment or habitation and other places where humans congregate shall be served by an approved sewerage system and/or treatment works. An approved sewerage system or treatment works is a system for which a certificate to operate has been issued jointly by the department and State Water Control Board or a system which has been issued a separate permit by the commissioner". Per your re -zoning request, this office can only give approvals for the 150 gallons per day as stated above. Any proposed expansions involving on site sewage disposal would require approvals by this office. Your request also indicates that the property would be served by a public water system, therefore this office would not issue well permits. I hope that this information is helpful to you. Sincerely, Karl E_ Evans Environmental Health Supervisor Lori. Fairfae Environmental District 107 N. Dent St. P ®. Box 2056 Winchester, Virginia 22604 o (540) 722-3480 FAX (540) 722-3479 Counties of. Clarke, Frederick, Page, Shenandoak �arren, aizd City of Winchester September 23, 1998 RE: Wampler rezoning Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Beeman: I am writing in response to your letter dated September 7, 1998. We completed a search of our files on this date and we were able to locate another permit in our inactivated files that was issued to Mr. Wampler that is identified as number 96012870. The permit was issued by Mr. Frank Lee. It is my understanding of current county zoning policies, that only 1 dwelling or structure is allowed per parcel unless it is a tenant house situation and the square footage of the tenant house cannot exceed 25% of the square footage of the main dwelling. Another option would be to sub -divide the original parcel, thereby creating multiple lots that would accommodate 1 dwelling per sub -divided lot. With this information in mind, it is my understanding that Mr. Lee informed Mr. Wampler that only 1 permit could be active due to the fact that the applications did not include plans for sub -dividing or the construction of a tenant house. In summary, we do have on file, 2 sewage disposal system construction permits for this parcel, but in order to comply with current policies, this office can only grant approval for 1 structure unless the information in paragraph 1 would apply. If you have any questions, please call. Sincerely, Karl E. Evans Environmental Health Supervisor COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 September 21, 1998 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: 20 Acre Rezoning Request - Wampler Property Frederick County, Virginia Dear Mark: We completed our review of the proposed 20 acre rezoning and offer the following comments: 1. Refer to page 5, Sewage Conveyance and Treatment. Until sewer collection has been extended to this site, development of the two (2) individual parcels will be governed by the ultimate capacity of the permitted drainfields. The health department will establish these capacities. The design capacities shall be included with the site plan submittal for our review. 2. Under the drainage calculations, a predevelopment "C" value of 0.6 has been assumed. This value is not appropriate for the insitu residual soils. We recommend a predevelopment "C" value of 0.2. A detailed stormwater evaluation _. shall be included with any site plan submittals. Please provide revised impact documents for our review prior to granting our final rezoning approval. HES/kch cc: file AAWampler Rez.com Sincerely, Harvey trawsnyder, Jr., P.E. Director o Public Works 107 North Kent Street v Winchester, Virginia 22601-5000 I October 8, 1998 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Wampler Rezoning Frederick County, Virginia Dear Mark: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAIL: 540/678-0682 Your revised rezoning submittal dated September 24, 1998, has adequately addressed our previous review comments. Therefore, we grant our approval of the proposed rezoning. HES/rls cc: file A\Wampler2 Rezxom Sincerely, Harvey . Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street . Winchester, Virginia 22601-5000 PC REVIEW: 10/07/98, 11/4/98, 12/2/98 BOS REVIEW: (Date not set) CONDITIONAL USE PERMIT #008-98 MEADE'S FAMILY DAY HOME Day Care Facility LOCATION: This property is located at 150 Twine Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 26 -A -34A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and B2 (Business General) Districts; Land Use: Residential and Commercial (Used Automobile Sales) PROPOSED USE: Day care facility REVIEW EVALUATIONS: Virginia Dept, of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: No comment required provided existing home is licensed as a family day home by the Virginia Department of Social Services. However, if this license is not obtained, a floor plan shall be submitted for a change of use building permit and a new certificate of occupancy shall be issued. Fire Marshal: Plans disapproved. The residence has no defined driveway; the closest road is approximately 150 feet from the dwelling. This would not allow adequate fire and rescue access. On the same parcel of property, there is the burned remains of another dwelling. This would be hazardous to the children and should be secured or razed. Meade's Family Day Home CUP #008-98 Page 2 November 18, 1998 Health Department: See attached letter from John Daley, Environmental Health Supervisor, dated 8-17-98. Planning and Zoning: Day care facilities are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. Currently, the property contains two residences that were both replaced in 1994 with new mobile home units. The applicant requests that one of these residences, located closest to Twine Lane, also be utilized as a day care facility. A day care facility is defined by the Zoning Ordinance as a facility in which more than five children, not including those children related to the people who maintain the facility, are received for care, protection, and guidance during only part of the twenty-four hour day. The surrounding properties consist primarily of residential uses; a used automobile sales business is located about 100 yards south of the property. Based on the surrounding uses, a day care facility is not inappropriate at this location. Located on the applicant's property, about 30 yards from the day care facility structure, are the remnants of a burnt -down dwelling. This burnt dwelling is not secured and may represent a safety hazard. Additionally, a children's swing -set is located adjacent to the burnt dwelling, possibly encouraging the children to approach this unsecured area. Removal, or enclosing this burnt dwelling, may alleviate the potential safety hazards. Staff believes that the establishment of this business would not have a negative impact upon the surrounding neighborhood. STAFF RECOMMENDATION FOR 10-7-98 PLANNING COMMISSION MEETING: The property's location is appropriate for the proposed use. At issue is the safety of the children utilizing the proposed facility. In review ofthe agency comments, the Fire Marshal's Office has recommended that the CUP not be granted due to existing safety issues. If these safety issues are resolved, and the applicant secures the Fire Marshal's approval, staff would recommend that the request for a CUP to operate a day care facility be approved with the following conditions: Satisfy the licensing requirements of the Virginia Department of Social Services. 2. Comply with review agency comments at all times. 3. Expansion of the existing structure that is to be used for the proposed day care will require a new Conditional Use Permit. Meade's Family Day Home CUP #008-98 Page 3 November 18, 1998 SUMMARY FROM 10-7-98 PLANNING COMMISSION MEETING: The Commission was concerned with the Fire Marshal's disapproval comments, and with the status of the child care license with the Virginia Department of Social Services, State Licensing Division. The applicant commented that access to the facility and the burnt dwelling should not be a safety concern; a video could be provided to the Commission illustrating the property's layout. The Commission tabled the application for 30 days; during that time the applicant was to: achieve resolution with the Fire Marshal, provide an update on the social services license, and produce a video of the property. ACTIONS SINCE 10-7-98 PLANNING COMMISSION MEETING: Staff has contacted the applicant, the Fire Marshal, and the State Licensing Division (Verona) to confirm efforts toward achieving compliance with the Commission's requests. In discussions with the applicant, it appears that neither the Fire Marshal nor the State Licensing Division have been contacted. The applicant has produced a video that illustrates the property's layout; this video will be available for viewing by the Commission. In discussions with the Fire Marshal, staff has been informed that the applicant has not contacted the Fire Marshal's office, nor made any obvious efforts to resolve its concerns. In discussions with the Licensing Department, it has been confirmed that an application for a `family day home' was made in July; Family Day Homes are limited to the caring for no more than 12 children. The Family Day Home License will not be issued to the applicant until a study of safety and health is conducted at the property. This study will not be scheduled until the County acts on the Conditional Use Permit application. SUMMARY FROM 11-4-98 PLANNING COMMISSION MEETING: The Commission continued to be concerned with the Fire Marshal's disapproval comments. Shirley Meade, speaking on behalf of the applicant, commented that access to the facility and the burnt dwelling should not be a safety concern. In support of her beliefs, Mrs. Meade played a video illustrating the property's layout, emphasizing that emergency services should have safe access. The Commission tabled the application for 30 days; during that time the applicant was to contact and achieve resolution with the Fire Marshal. Meade's Family Day Home CUP #008-98 Page 4 November 18, 1998 ACTIONS SINCE 11-4-98 PLANNING COMMISSION MEETING: Staff has been advised by the Fire Marshal, Dennis Linaburg, that the applicant did call his office on November 13, 1998; he was out of the office at the time. Upon his return to the office, he returned the applicant's call and left a message. No conversations have entailed. The Fire Marshal continues to be concerned with two safety issues: access to the property, and the unsecured burnt dwelling. Until these safety issues are resolved, he is unable to provide a favorable recommendation for this application. Mary A. DuBrueler Director TO: FROM: Eric Lawrence Dennis D. Linaburg Fire Marshal MEMORANDUM SUBJECT: Meade Conditional Use Permit DATE: November 18, 1998 COUNTY'DF FREDERICX, VIRGINIA FIRE AND RESCUE DEPARTMENT 107 1",forth Kent Street Viinchester, VA 22601 Dennis D. Linaburg Fire Marshal During the review process for the C.U.P., I had the opportunity to visit the Meade property. During the course of the visit I noted two problems in regard to safety. 1. The dwelling does not have a driveway. There is a lane that goes near the dwelling but is approximately 100 yards away from the house. This would not allow fire or emergency medical service access. A driveway would have to be constructed to rectify this problem. 2. There are remnants of a burnt dwelling on the property. This would pose a risk to the- children hechildren and must be secured or razed. I have tried to contact Mrs. Meade on two occasions and have left messages on the answering machine. To date, I have not spoken with Mrs. Meade. Both of these items will need to be addressed for favorable comment from this office. /mlr Director (5461) 665-5613 a Firo i`/larshal (540) 665-6350 Fax (540) 678-4739 fmN o t E \x mcClur c \v .' C p ,nter O 't .. 7 �n Shuster " Tope sn c F} " cn 3 g.r 15 t" J IPA Jon JJ J M N 73 P?7. 'S6 SO IPA ^ ��n Rte �-7 A CUP #008-98 7A <orr Meade's Family Day Home PIN: 26—A-34A 71 t n � .ttr•• QY 1 t� •" r� it Produced by Frederick County Planning and Development '-15-98 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401678-0682 MEMORANDUM TO: Planning Commission FROM: Eric R. Lawrence, Zoning AdministratoL� SUBJECT: Public Hearing - Modification to the Agricultural District DATE: November 17, 1998 -0 Staff has been in recent discussions with Mr. Gary McDonald concerning a request to modify his 200+ acre parcel of land that is currently included in the South Frederick Agricultural and Forestal District. These modifications include a 35 -acre removal from the District, and a 67 -acre addition to the District. Mr. McDonald recently purchased a 190+ acre parcel that adjoins his property. He proposes to include a 67 -acre portion of this prime agricultural land in the South Frederick Agricultural and Forestal District. The placement of this land within the district assists in his goal of protecting the land from development threats. Mr. McDonald has identified a portion of his farmland that contains rock outcrops and trees, not necessarily conducive to farming. He proposes to remove this 35 acres from the Agricultural District. Once severed from the Agricultural District, he will subdivide the land and sell as traditional five -acre residential building lots. He contends that it is necessary to sell these lots to fund his purchase of the 190+ acres of the adjacent agricultural land. Agricultural District Regulation In May of 1995, the Board of Supervisors renewed the South Frederick Agricultural and Forestal District for a period of five years; the renewed district will expire in May of 2000. One condition that :'as placed on tAA%l pr op\.r ties pr oillbited tr adltionai 111Ve-air a 1UL siibdA V iJions. T her e'r e, Aur -' jLr. McDonald to proceed with his proposed land divisions, the 35 acres must be removed from the district. 107 North Kent Street . Winchester, Virginia 22601-5000 Modification to the Agricultural District Page 2 November 17, 1998 The district was created to promote agricultural businesses, and to protect agricultural lands from development threats. Once a property is included in an agricultural district, the property is protected from infrastructure improvements (high voltage transmission lines and state road projects). Additionally, division ofthe land for residential development purposes is prohibited. Land should also not be easily added or removed from the district. Summary Staffbelieves that while Mr. McDonald's request is for development purposes, his offering to replace the 35 acres in the district with 67 acres of land that is more suitable for agricultural uses certainly makes the request more palatable. Furthermore, staff would concur that the request moves to preserve prime agricultural lands, protecting the same from the threats of development. The Agricultural District Advisory Committee (ADAC) reviewed this request during a meeting on November 3, 1998. Following brief discussions, the ADAC unanimously endorsed Mr. McDonald's request. This request is now presented to the Commission. A recommendation to the Board of Supervisors would be appropriate. Staff is available to address your concerns. Thank you. ERL/cc Attachments U:\EriclCommon\98LETTER\adac.recommendation.pc.wpd G MARSH & LEGGE LAND SURVEYORS., P. L. C. 139 North Cameron Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax_ 540-667-0469 Mr. Eric Lawrence October 14, 1998 Zoning Administrator Frederick County Planning Department 107 N. Kent Street Winchester, VA 22601 RE: The Gary W. & Sharon R. McDonald Land P.I.N. #83 -A -100A Frederick County, Virginia Dear Eric: Our firm is working on behalf of Gary and Sharon McDonald regarding the above referenced parcel of land situated on the north side of Virginia Route 627, Chapel Road in southern Frederick County, Virginia. This parcel of land currently contains 206.271 acres and is under the South Frederick Agricultural and Forestal District established in 1995. We request that a portion of this land (35 acres) be removed from the Agricultural and Forestal District in order to be eligible for the rural area minimum five acre residential subdivision. The 35 acres is shown on the attached vicinity map and is currently owned and maintained by Gary and Sharon McDonald. This portion of their farm is an area poorly suited for agricultural use. Gary has delineated this area on the ground and has coordinated with our firm to obtain Health Department approval for residential drainfields. This area fronts on Route 627 and we believe would be a suitable area for residential lots. The adjacent parcel is in the name of Buffalo Marsh, L.L.C. which is also land owned by Gary and Sharon McDonald, P.I.N. # 83-A-82. On behalf of Gary and Sharon McDonald, we request that two areas totaling 67 acres of the Buffalo Marsh, L.L.C. land be put under the South Frederick Agricultural and Forestal District to offset the 35 acres which would be removed from the District. The attached vicinity map shows the 30 acre area and the 37 acre area of agricultural land to be placed under the Agricultural and Forestal District. This land is currently being used for agricultural purposes by Gary McDonald. This land is best suited for agricultural use. Your assistance with this request is greatly appreciated. Should you have any questions regarding this, please do not hesitate to call. Sincerely, ------------ /Scot W. Marsh, L.S. SWM: jlm - = Enclosure cc: Mr. Gary McDonald: Mr. Gary DeOms PIN 83-A-89 SUSAN LOUISE HAYMAKER BARR 1� 2 PIN 83-A-88 MARY C. MATTHEWS & 0��05 MARY C. LINEBURG � A15 4r- ' 20.67 V 9 A4,48514, LLC - 80FFAL 0 PIN 83_A -82C PEN 83-A-89--' SAMUEL F. McDONALD 15 ,q� DB 634 PG 404 POR77ON OF PARCEL 100A 77 BE REWO ED FROM AGR/CUL TURAL & FORESTAL DISTRICT Z v Q o � �Z O 2W e N44'5WWS IRF �+ 61958' SUFFAL 0 MARSH, LLC 1 PIN SJ—A-82o�s N9 F 1 NPO(TAGE ;N :q:cRl ..�� 8 ` VD ::.::;::: :::.. y F::: ... :._.. S�RlC:::::::" 08EYV?:-::::; :-::;:;: :::.......................... ... PIN 83-A-100 20:00 ..... ... :::............::::............ -:: _. 1?2=:::............... -=-515 1 .03 R_4072.13' zm 36.83' BUFFALO MARSH ROAD VA. 5EC. RTE 759 40' RIW SCALE: 1" = 600' 1 DATE: OCTOBER 13, 1998 DWG. # SWAPAREA o� p LTH of �r� FORESTAL & AGRICULTURAL D15TRIC`i ADJU5TMENT �� McDONALD LAND PIN 83-A-82 & 83 -A -100A S.W. MARSH a BACK CREEK MAGISTERIAL D15MCT FREDERICK COUNTY, VIRGINIA No. 001843 ��� �0� 139 NORTH CAMERON STREET MARSH & LEGGE WII7CHFSTER, vnzcnA gjJgV� Land Surveyors, P.L.C. PHONE (540) 667-0468 FAX (540) 667-0469 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Evan A. Wyatt, Planner H FY RE: 1995 South Frederick Agricultural And Forestal District DATE: May 18, 1995 The South Frederick Agricultural and Forestal District is scheduled for renewal this Spring. This will be the third renewal for this district which was established in 1980. During the 15 year existence of this district, significant agricultural properties have continued to request to remain in the district. At this time, the proposed district exceeds 15,000 acres. The 1990 renewal contained approximately 13,500 acres. The Agricultural District Advisory Committee (ADAC) and the Planning Commission considered this district during their meetings of April 11, 1995 and May 3, 1995 respectively. Both bodies recommended that all properties that had completed and returned the required information to staff be included in the 1995 update for a period of five years. At this time, 89 property owners have met this criteria. The ADAC and Planning Commission also recommended that restrictions be placed on these properties to prohibit traditional five acre lot subdivisions and rural preservation lot subdivisions. This restriction does not prohibit family lot divisions and land divisions for agricultural purposes. Property owners may continue to apply to be part of this district until the public meeting of the Board of Supervisors. Property owners may also retract any proposed ..parcel until that time. State Code provides relief for the removal of property during its time in the district should the property owner perish and the heirs desire to have the property removed. Staff will present a map that delineates the properties proposed to be included in the 1995 South Frederick Agricultural, as well as the future road improvements within this area. Staff has also included a map that indicates one of the areas that is being looked at by the Economic Development Commission over the long term for industrial sites with railroad access. It should be noted that the 76 acre tract owned by Charles Brown is currently within the district and is proposed to be renewed. Staff a.;�s ;h at the Doard of Supervisor-, consider this iteiil for final resolution. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 PC REVIEW: 12/02/98 BOS REVIEW: 01/13/99 CONDITIONAL USE PERMIT #009-98 NORRIS & KATHLEEN WESTOVER Cottage Occupation Certified Public Accounting Office LOCATION: This property is located at 1721 Wardensville Grade (Route 608), approximately three miles south of Route 50 West. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 50-A-51 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land Use. Residential and Agricultural PROPOSED USE: Certified Public Accounting (CPA) Office as a Cottage Occupation REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum standards. Inspections Department: Existing building shall comply with the Virginia Uniform Statewide Building Code and Section 310, Use Group B (Business) of the BOCA National Building Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Useable Buildings and Facilities. Please submit a floor plan of area to be used at the time of building permit application for Change of Use. Handicap parking and building access shall be provided. Building shall not be occupied until inspections are complete and a certificate of use and occupancy has been issued for the new use. Norris & Kathleen Westover CUP #009-98 Page 2 November 18, 1998 Fire Marshal: Plan approval recommended. Health Department: See attached letter from John Dailey dated 11/4/98 Planning and Zoning: The proposed use involves the location of a one-person Certified Public Accounting (CPA) office in an existing accessory building on a parcel principally used for residential purposes. The proposed use would be appropriately classified as a cottage occupation. A cottage occupation is permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP). The applicant obtained approval for a previous CUP (#016-96) from the Board of Supervisors on January 8, 1997, to operate a commercial bakery as a cottage occupation on the subject property. The accessory building intended to house the proposed CPA office is the same building which had been proposed for use as the bakery. Use of this site as a single -employee CPA office would be less intensive than a commercial bakery. A copy of the previously approved CUP has been included with this report for your reference. The various review agencies raised no significant objections to the proposed use on the subject property and generally recommended approval of the CUP. Outside of the recommendations of the Health Department, such comments were limited to statements requiring compliance with standard code requirements. Staff contends that the limited nature of these comments accurately corresponds with the low -intensity character of the proposed use. The subject property appears physically capable of supporting the operation of a single - employee CPA office without discernable impact on the surrounding community. STAFF RECOMMENDATION FOR 12/2/98 PC MEETING: Staff recommends approval of this request with the following conditions: All review agency comments and requirements must be complied with at all times. 2. Any expansion or significant change of use will require approval of a new CUP. 3. Upon approval of this CUP, previously approved CUP #016-96 will become invalid. 4. Signage installed for the approved use may not exceed four (4) square feet in area. 0:\Agendas\COMMENTS\Wee[over2.CUP Lori. Fairfax Environmental Health District 107 N. Kent St. yq Bim, P. 0. Box 2056 Winchester, Virginia 22604 p I (540) 722-3450 FAX (540) 722-3479 Counties of. Clarke, Frederick, Page Shenandoah, Warren, and City of Winchester November 4, 1998 Department of Planning and Development 107 North Kent St. Winchester, Va. 22601 RE: Request for Comments, Norris M. and Kathleen C. Westover's Conditional Use Application; 1721 Wardensville Grade; Tax Map # 50-A-51. Dear Sir: The Frederick County Health Dept. has no objections to the Westover's proposed conditional use subject to the following conditions: 1. The occupancy of the house on the property is limited to two full-time residents. 2. There is only one employee of the CPA business. 3. Since the former country store is served by an unapproved sewage disposal system, no running water is to be allowed in the store. The CPA using the store as an office is to use the bathroom facilities located in the house. If you have any questions concerning above, call me at 722-3480. Sincerely, John Dailey Environmental Health Specialist cc: Norris and Kathleen Westover I January 9, 1997 Mr. and Mrs. Norris Westover 1721 Wardensville Grade Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 RE: CUP 9016-96 OF NORRIS AND KATHLEEN WESTOVER, PIN #50-A-51 Dear Mr. and Mrs. Westover: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 8, 1997. The Board of Supervisors approved your Conditional Use Permit, #016-96, to operate a commercial bakery (not retail) with the following conditions: 1- All review agency comments must be complied with at all times. 2. The northern entrance to the facility planned for the use will be eliminated. 3. If deliveries are going to be made to the property and/or customers coming to the location, a commercial entrance must be installed per the VDOT requirement. 4. Prior to beginning this use, Health Department inspection and approval shall be required. 5. If required for the use, proper facilities to handle waste water must be constructed. If you have any questions regarding this action, please feel free to call this office. 4ce, e Miller Zoning Administrator WWM/cc cc: Commissioner of Revenue 107 North Kent Street • Winchester, Virginia 22601-5000 36 / GOLDMAN 55 5 52 47 BOYCE 51 RNOLD 46 MCGANN 45 MACAULEY CUP #009-98 Norris and Kathleen Westc PIN:50—A-51 Rt. 6'Og 37A 38 42 Produced by Frederick County Planning and Development, 11-12-96 vwffil 36 / GOLDMAN 55 5 52 47 BOYCE 51 RNOLD 46 MCGANN 45 MACAULEY CUP #009-98 Norris and Kathleen Westc PIN:50—A-51 Rt. 6'Og 37A 38 42 Produced by Frederick County Planning and Development, 11-12-96 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA fC?a 1. Applicant (The applicant if the V owner other) NAME: ADDRESS: TELEPHONE J�a ` 877-2W 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) / 72 / k1XSDE 0. ,, , ,., if T cSO C�JEsT 4. The property has a road frontage of feet and a depth of %6.76 feet and consists of acres.__ (Please be exact) 5. The property is owned by A%13RZS �%SffTf/.�/ as evidenced by deed from D AS"- recorded (previous owner) in deed book no. %S6 on page/62, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. dQ0(16f/ Magisterial District Current Zoning Rte_ 7. Adjoining Property: USE North East South West 8. The type of use propo ed is (consult with the Planning Dept. before completing) 2&sgn4F 9. It is proposed that the following buildings will be constructed: /IJQ�tj� 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street' from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME1rlEST?Y/,�ADDRESS /7.2/ �%fil�DE S'1i1��E GSC . NAME ADDRESS PROPERTY NAME /yr,�/.�lE �. �o,IGE ADDRESS 14f7 PROPERTY NAME XRT<1) ADDRESS /76_/ eAf,0,Q, /l�L� _ W. NAME GLp/�S� / C C/�l%�E� ADDRESS /7M' 400OQffYS�L Gfz PROPERTY NAME 6Wt�4T /c, f�AC��i ADDRESS NAME PROPERTY IDI, NAME PROPERTY ID# ADDRESS ADDRESS = 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner 1!!l1Q/y Ll�pn�.al�C� Owners' Mailing Address /7,2/ 4111pz4s&g44 6 jf 4/�,e Owners' Telephone No. J31e!� -X77',27d25 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: V A• RouTE 608 40' Raw PT. BEG. T_Q 0 N Ia! q a f7 n 01 cc 1 Qi Wv o� se . g0. VS g4.. 'E _190.57�f_ Da+v£ 0%. pgPHpLT 39 T ,P' O P of -P' N N ��o f u 0 a O p -1 �d _3 41 _3 QT oym 2 v7 43 SQ yY oQ N o W °' • i a - - LU z O T.V.E.S. i N S V FRAME �D SHED ■i W W It Q N 4.777 N z ACRES 4j. /g. c� DRik, 3�4 6p/ `M4Cq t p C&, h O EL J 0 0 E)—IRON PIN (SET) H.U.D. FLOOD ZONE C: AREA OF MINIMAL FLOODING THIS IS TO CERTIFY THAT ON FEBRUARY 13, 1994 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE - SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. a L A�NhhEBE_ RJ �(LI ENSEj No. 1498 attBVE�O� PT. BEG. o Cd w Q R ov-t 608 NN 401 IR O v Q FRAME N SHED CD Lo W Zrnu 3Wlx 9 C --IRON PIN (SET) H.U.D. FLOOD ZONE C: AREA OF INUNIMAL FLOODING PC REVIEW DATE: 12/02/98 BOS REVIEW DATE: 01/13/99 REZONING APPLICATION #018-98 CARRIEBROOKE To rezone 72.7418 acres from RA (Rural Areas) to RP (Residential Performance) LOCATION: This property is located along the eastern side of Tasker Road (Rt. 642), south of the intersection of Routes 37/1-81/847 and 642. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-89 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential South: Zoned RA (Rural Areas) District Use: Residential RP (Residential Performance) District Lakeside Estates East: Zoned RA (Rural Areas) District Use: Vacant West: Zoned B2 (Business General) District Use: Office; F.CSA Headquarters PROPOSED USE: Single-family and Multi -family Residential REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning of this property. VDOT has stated previously concerns about traffic impacts to Route 642 and the adjacent Route 37/1-81 interchange area. We strongly recommend bearing in mind the latest approved Winchester Area Transportation Study and how this rezoning would affect traffic movements through this area. Before development, Carriebrooke, REZ #018-98 Page 2 November 19, 1998 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, Sixth 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. Historic Resources Advisory Board: See attached letterfrom Jeffrey Everett dated February 25, 1998. Fire Marshal: Plan approval recommended. Any additional comments are addressable on the site plan. Sanitation Authority: Water and sewer are available. County Engineer: The same comments made on November 18, 1997 (see attached copy) will apply to the revised rezoning request. Traffic and solid waste will be the major impact items, especially if the proposed development is completed before the 37 extension. Parks & Recreation: I would recommend that the impact of this development be based on the use of the land for which rezoning is being requested. Frederick Co. Public Schools: We have a concern that the Capital Impact Model does not adequately demonstrate the impact of the proposed rezoning on current and future school needs. It is our belief the applicant has not addressed this impact through his proffer statement and the negative impact of the proposed rezoning on the school division should be considered during the approval process. County Attorney: Owner signature appears correct. Planning & Zoning_ 1) Site History The 72.7418 acres proposed for rezoning represents a portion of a 92.7418 -acre tract owned by Shiho, Inc. To date, 20 acres of this site is zoned B2 (Business General) District. The rezoning to B2 (Business General) occurred through two Board of Supervisors' actions. Rezoning #003-88 was approved by the Board of Supervisors on March 9, 1988 for 14 acres of B2 (Business General) District land. Rezoning #017-88 was approved by the Board of Supervisors on October 5, 1988 for an additional six acres ofB2 (Business General) District land. It should be noted that Rezoning #003- 88 also proposed 77 acres of RP (Residential Performance) District land. This request was tabled by the Board of Supervisors on March 9, 1988 and later withdrawn by the applicant. Carriebrooke, REZ #018-98 Page 3 November 19, 1998 Master Development Plan #008-96 was approved for Carriebrooke Business Park on January 6, 1997. To date, one office building has been constructed for the Department of Agriculture which houses three organizations. 2) Location The 72.7418 acres proposed for rezoning is located in the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage is accessible from Tasker Road (Route 642) via Carriebrooke Drive which is constructed within the B2 (Business General) District portion of the 92.7418 -acre site. 3) Site Suitability The site contains areas of steep slope, flood plain, woodlands, prime agricultural soils, intermittent streams, and a portion of Opequon Creek. The Frederick County Rural Landmarks Survey identifies the Carysbrook House (434-319) and the Carysbrook Redoubt (#34-320) as potentially significant historic resources. The site has public water and sewer service and is traversed by a gas line owned by the Shenandoah Gas Company. The site fronts on Tasker Road (Route 642) which is a two-lane major collector road. Proposed uses would be accessible via Carriebrooke Drive which would be constructed to a major collector road standard. 4) Potential Impacts a) Transportation System: The applicant has prepared a traffic impact analysis statement which provides average daily traffic data and peak hour traffic data. The results of this analysis suggest that Tasker Road would receive an additional 2, 000 vehicle trips per day which would increase traffic on Tasker Road by 25%. The majority of this traffic will travel north to the intersection of Tasker Road and Route 37 which will decrease the level of service at this signalized intersection. The Winchester Area Transportation Study (WATS) calls for the current connection of Tasker Road and Route 37 to be severed; therefore, Carriebrooke Drive will become the primary route for traffic to access Route 37 at a new interchange with Warrior Drive in the future. Tasker Road will be impacted by the additional traffic generated from this site until the improvements identified in the WATS are realized. b) Adjoining Properties: The predominant land use of properties south of this site is single-family residential. The proposal to develop multi -family residential dwellings adjacent to these residences may create Carriebrooke, REZ #018-98 Page 4 November 19, 1998 a negative impact due to structural height, outdoor lighting and increased traffic. c) Historic Resources: The Frederick County Rural Landmarks Survey identifies the Carysbrook House (#34-319) and the Carysbrook Redoubt (#34-320) as potentially significant historic resources. The Historic Resources Advisory Board has recommended that measures be taken to protect the historic redoubt from development activity. d) Community Facilities and Services: The Capital Facilities Impact Model was applied to this rezoning proposal based on two scenarios. The first scenario accounted for the residential development of 72.7418 acres, while the second scenario accounted for the residential development of 72.7418 acres and the development of the 20 acres that is zoned for commercial use. Both scenarios demonstrated a negative fiscal impact for capital facilities cost to Fire and Rescue services and Parks and Recreation; however, only the first scenario demonstrated a negative fiscal impact to the Public School system. Review agency comments from Parks and Recreation and the Frederick County Public Schools state that the proposal for 72.7418 acres will have a negative impact on public park and `public school facilities which should be adequately addressed prior to the approval of this proposal. The results of each Capital Facilities Impact Model run with a per lot impact breakdown are provided and are labeled Scenario 1 and Scenario 2 to coincide with the information described in this paragraph. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed, notarized, and reviewed by the County Attorney. The applicant has proffered to develop a total of 250 residential dwelling units that will be single-family and multi -family use, to preserve the Carysbrook Redoubt historic resource, and to undertake improvements to Tasker Road and Carriebrooke Drive as required by VDOT. The applicant has proffered a monetary contribution to mitigate the negative fiscal impacts to Fire and Rescue services and Parks and Recreation that is consistent with the results of the Capital Facilities Impact Model run based on the second scenario described under Potential Impacts to Community Facilities and Services. The applicant submitted a revised proffer statement to staff which provides an additional monetary contribution to the Stephens City Fire and Rescue Company and restricts uses on the 20 -acre portion of this site that is zoned for commercial use. It is the opinion of the County Attorney that the use restrictions for the 20 -acre portion of this site are not Carriebrooke, REZ #018-98 Page 5 November 19, 1998 enforceable since the rezoning application is only for RP (Residential Performance) District use. Staff believes that these items could be incorporated into a restrictive covenant for the commercial portion of this site that would be enforceable by the applicant or a future property owners association. STAFF CONCLUSIONS FOR 12/02/98 PLANNING COMMISSION MEETING: The 72.7418 -acre site is located in the County's Urban Development Area (UDA). The Land Use Chapter of the Comprehensive Policy Plan (CPP) states that suburban residential development will be the predominant land use within the area although business and industrial uses will also be present. The CPP also states that new development within the UDA should only be approved when roads and other infrastructure with sufficient capacity have been provided. The 72.7418 -acre site is a component of the Southern Frederick Land Use Study that is currently being analyzed by the Comprehensive Plans and Programs Subcommittee (CPPS). The fundamental purpose of a land use study is to provide guidance to decision makers in considering rezoning proposals to ensure that the final action is consistent with the County's long-range planning vision. It is anticipated that a land use plan for this area will be adopted by the Board of Supervisors in Spring 1999; therefore, it is uncertain at this time as to the recommended land use throughout the study area, including the acreage proposed in this rezoning application. The applicant has provided a proffer statement as a part of this rezoning application to attempt to mitigate the negative fiscal impacts to capital facilities costs based on the development of 250 residential units. The applicant has proposed to utilize the 20 -acre commercial portion of the overall site as a credit to offset the negative fiscal impact created by the residential rezoning request. The comments received from Public Schools and Parks and Recreation indicate a desire to base this impact on the residential impact that will be realized in the future, as the commercial rezoning occurred more than 10 years ago. Review of the County's Proffer Statement Reference Manual indicates that no previous rezoning application has submitted a similar proffer; therefore, no precedent has been established regarding this issue. The applicant has proffered to preserve the historic Carysbrook; however, no detail is provided as to how this will occur, what improvements will be provided to protect the feature, or who will assume this responsibility once the applicant has developed the site. The BRAB comments recommend that this feature be placed in common open space to allow for public access; that split -rail fencing be installed around the site; that a plaque with a map be incorporated to identify the feature; and that a maintenance schedule be established for the perpetual care of this historic resource. The applicant should be prepared to adequately address these issues, as well as concerns raised by the Planning Commission and the Board of Supervisors during the decision-making process for this rezoning proposal. COUNTY of iF'REDPRICK Department of Planning and Development 540/665-5651 FAX: 540/673-0632 MEMORANDUM TO: Stephen M. Gyurisin FROM: Jeffrey C. Everett, Planner Ir�� RE: HRAB Comments for the Carriebrooke Rezoning DATE: February 25, 1998 The HRAB recommends that the Carysbrook Redoubts be preserved. They recommend including the redoubts in the required open space portion of the site. If this cannot be done, they recommend including the redoubts as part of the landscaping plan that could complement the development (It was recommended that additional berms not be built for landscaping since this would detract from the redoubts). Additional recommendations include providing split -rail fencing around the site, a map showing the layout of the redoubts, and a plaque identifying their significance. Furthermore, the HRAB recommends that a maintenance schedule be established, with a volunteer group being responsible for maintaining the redoubts. 107 North Kent Street a Winchester, Virginia 22601-5000 COUNTY of FR EDEMCK Department of Public Works November 18, 1997 Mr. Stephen M. Gyurisin Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Carriebrooke Rezoning Request Frederick County, Virginia Dear Steve: 540/665-5543 FAX: 540/673-0632 We have completed our review of your request to rezone approximately 95 acres of RA land to 22.23 acres of RP, 10.55 acres of M-1 and 62.65 acres of B-2. Based on our review, we offer the following comments: 1) Sheet 1 of 1 should be revised to reflect the acreages indicated above. Also, the designation EX. RP. should be changed to PROP. RP 2) The 120 condo units shown on sheet i of 1 are located within an area that includes rural landmarks. This plan should be revised to reflect the treatment of the rural landmarks in conjunction with the condo development. 3) The discussion of development impacts should also include solid waste costs and traffic congestion on Route 642. 4) The design of the master development plan should include the following: tentative location of stormwater management facilities, delineation of the 100 year flood plain, location of existing wetlands and delineation of steep slopes that cannot be developed. Please make the appropriate revisions and return a revised submittal for our final review and approval. i n rerPl v -- - -> > �'Y �..l�ht... u'oC.:�;.;1... �. L�U�LL'�Ll✓iJ%'r-t..�+�iL.i �.�''�t �� Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 107 North Dent Street v Winchester, Virginia 22601-3000 TOTAL $755,665 $0 $101,233 $654,431 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions NOTES: Model Run Date 09/22/98 EAW $2,70020 P.I.N. 75-A-89 Rezoning: Assumes 125 SFD & 120 condos on 72.74 acres zoned RP. 111je to changing conditions associated with development in the County, the results of this :put Module may not be valid beyond a period of 90 days from the model run date. 11 .....w_.--- a, Net Impact Per Residential Unit: 1) Public Schools $2089.82 2) Parks & Recreation $ 596.33 3) Fire & Rescue $ 11.02 Net Credit for OUT?UT MODULE Fiscal Taxes to Capital Impact Capital Net Costs Credit Costs Impa Department $344 $4,861 $0 scue Department $842 Elementary Schools $257,186 Middle Schools $66,677 $90,965 $512,005 High Schools $279,107 Parks and Recreation , 151.508 $5.407 $146.101 TOTAL $755,665 $0 $101,233 $654,431 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions NOTES: Model Run Date 09/22/98 EAW $2,70020 P.I.N. 75-A-89 Rezoning: Assumes 125 SFD & 120 condos on 72.74 acres zoned RP. 111je to changing conditions associated with development in the County, the results of this :put Module may not be valid beyond a period of 90 days from the model run date. 11 .....w_.--- a, Net Impact Per Residential Unit: 1) Public Schools $2089.82 2) Parks & Recreation $ 596.33 3) Fire & Rescue $ 11.02 OUTP1 IT MODULE Impact Net Credit fai 1) Public Schools Fiscal Taxes to Parks & Recreation Capital Impact Capital Net $ 26.00 Costs Credit (:ost; Imp Fre Department $675 $6,950 $0 Rescue Department $2,192 Elementary Schools $257,186 Middle Schools $66,677 $853,403 $0 High Schools $279,107 Parks and Recreation $151.508 $50,728 $100.780 TOTAL $757,346 $10,761,738 $911,082 $0 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions $6,369.73 NOTES: Model Run Date 09/22/98 EAW P.I.N. 75-A-89 Rezone: Assumes 427,220 sq.fL of retail, 125 SFD & 120 condos on 92.74 acres zoned B2 & RF Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. SCENARIO #2 Net Impact Per Residential Unit: 1) Public Schools $ 0.00 2) Parks & Recreation $ 411.34 3) Fire & Rescue $ 26.00 REZ #018-98 PIN: 75—A-89 Carriebrooke Produced by Frederick County Planning and Development, 11-12-98 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number ol � `i Date Received ` PC Hearing Date - ,Z-- ),-- 9 �7 BOS 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, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Assoc., Inc. Telephone: 667-2139 Address: 200 N. Cameron St., Winchester, VA 22601 2. Property Owner (if different than above) Name: Shiho, Inc. Telephone: 667-2139 Address: P.O. Box 3.276, Winchester VA 22604 3. Contact person if other than above Name: Stephen M. Gyurisin Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location map x Agency Comments x Plat x Fees x Deed to property X Impact Analysis Statement x Verification of taxes paid x Proffer Statement X 11 5. 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: Mr. Dave Hollida Mr. Ron Shickle 6. A) Current Use of the Property: vacant B) Proposed Use of the Property: Residential 7. Adjoining Property: PARCEL ID NUMBER 75-A-90 75-A-96 75-A-84 75-A-88 75 -A -87A USE ZONING vacant RA vacant RA vacant RA residential RA vacant RA 75 -A -Al FCSA B2 75-H-2&1 Commercial B2 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located along the eastern side of Va. sec. Route 642 (Tasker Rd.) south of the intersection of Routes 37/I-81/847 & 642 12 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 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 75-A-89 Magisterial: Shawnee Fire Service: Stephens City Rescue Service:STephens Cid_____ Districts High School: Sherando Middle School: Aylor Elementary School: Bass -Hoover 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested 72.7 RA RP Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 125 Townhome: Non -Residential Lots: Mobile Home: Office: Retail: Restaurant: Square Footage of Proposed Uses Multi -Family: 120 Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: Twenty acres zoned B-2 as part of parent tract / Carriebrook Master Plan 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued 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) knowledge. Date: ----_-j�.� Date: fDate: — L Date: �J 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Mervil Lee.,Dailey 244 Picket Lane Stephens City, VA 22655 Pro e # 75-A-84 Name Mr. and Mrs. Joseph A. Stossel 176 Picket Lane Stephens City, VA 22655 Property # 75 -A -87A Name Ronald Norwood Heath 216 Picket Lane Stephens City, VA 22655 Property # 75 -A -87B Name Carroll A. Hummer P.O. Box 521 STe hens City, VA 22655 Pro e # 7r, -A -RR 7r,-A- Name Shiho, Inc. P.O. Box 3276 Winchester, VA 22604 Property # 75 -A -89A Name Eleanor Jackson Burleson 4800 Fillmore Ave. Alexandria, VA 22311 Property # 75-A-90 Name Eleanor Jackson Burleson 4800 Fillmore Ave. Alexandria, VA 22311 Pro e # 75-A-96 Name Frederick Co_ Sanitation Auth_ P.O. Box 618 Winchester, VA 22604 Property # 75-1-A Name Frederick Co. Sanitation Auth. P.O. Box 618 Winchester, VA -22604 Property # 75-1-A1 Name Dave Holliday Construction P.O. Box 2715 Wi c Property # 75-4-2 1 15 Name and Property Identification Number Address NameShiho, Inc. P.O. Box 3276 Winchester VA - 22604 Pro e # 75-4-1 Name Engle Properties, Inc. 20 N. Washinqton Winchester, VA St. 22601 Property # 75-A-10 Name George & John Miller 3985 Valley Winchester, Pike VA 22602 Property # 75-A-11C Name Lakeside Homeowners Assoc. 113 S. Kent Winchester, St. VA 22601 Pro e # 75H-3-7-Q (no parcel #) Name Lakeside Homeowners Assoc. 113 S. Kent Winchester, St. VA 22601 Property # 75G-7-6-P (no parcel Name Property # Name Property # Name Property # Name Property # Name ProveProverty # Name Property # Name Property # Name Property # Name Property # 16 REZONING REQUEST PROFFER Property Identification Number 75 -((A)) -89&89A Shawnee Magisterial District "CARRIEBROOKE" Preliminary Matters Pursuant to Section 15.2-2296 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 # cow -98 for the rezoning of 72.7418 acres from Rural Area (RA) zoning district Residential Performance (RP) zoning district and the modification of allowed uses for the 20 acres zoned Business General (B2). The current 92.7418 acres zoned RA and B-2 will change as follows: 20.00 acres zoned B-2 with modified allowed uses and 72.7418 acres zoned RP. 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. Modification of Business General (132) Allowed Uses The owner voluntarily proffers that the following uses are not permitted on the 20.00 acres zoned Business General. (B-2) 1. Auto dealers and gas service stations 2. Car washes 3. Miscellaneous repair services 4. Golf driving ranges and miniature golf courses 5. Membership organizations 6. Self -storage facilities 7. Commercial batting cages Monetary Contribution to Offset hn act of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 72.7418 acres, lying along Carriebrooke Drive in Shawnee Magisterial District of Frederick County, Virginia from RA to RP, combined with 20.00 acres of B-2 totaling 92.7418 acres the undersigned will pay to Frederick County at the time a building permit is applied for and issued the sum of $437.34 per unit per lot. The monetary proffer provides for $411.34 for Frederick County Parks and Recreation and $26.00 for Frederick County Fire and Rescue emergency services. Additional Monetary Contribution for Fire & Rescue The owner voluntarily proffers $1,000.00 for Stephens City Fire & Rescue which shall be paid to Frederick County by the owner at the time the first section of the property is zoned RP is approved for recordation to be forwarded as soon as possible to Stephens City Fire & Rescue by Frederick County. General Development Plan The development of the subject property shall provide for a street layout connecting with VA. Sec. Route 642, Tasker Road and continuing in an northeast fashion to the west boundary of the subject property as shown on the attached Master Development Plan dated July 1996 and labeled "Carriebrooke" approved by the Frederick County Board of Supervisors on November 13, 1996. Voluntarily proffered is the attached Master Development Plan including the following improvements: 1. Preservation of the Civil War era redoubt know as Carysbrook Redoubt and identified as Rural Landmark Survey site number 320. 2. On the 72.7418 acres to be zoned RP no more than 250 units shall be constructed. These units shall consist of single family home lots and multifamily units. 3. Additional right-of-way for the construction of turn lanes and/or travel lanes along Tasker Road will be provided by the undersigned to VDOT at the subdivision stage if required by VDOT_ 4. A traffic impact study will be conducted using VDOT procedures for the development proposed within Carriebrooke at the time of site development plan review and/or subdivision. Improvements to Tasker road and the design improvements of Carriebrooke Drive will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific proposed use. 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, ..0 0 Date STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowleded before me this /7 A day of ll?q November, byVAv,:d.H_C'Td"Qy of 5hiho, IRe. My in ssi ex 'res cb. 21T a000 Notary Public /il is i� i4 l Iq RA M m t A_ Summary The following Impact Analysis Statement is provided in summary form for the property known as "Carriebrooke". The property is located along Tasker Road (Route 642) and Carriebrooke Drive. The parcel to be rezoned totals 92.7418 acres. A portion of the parcel is currently zoned Rural Area (RA). The requested rezoning is to change the current 72.7418 acres of RA to Residential Performance (RP) zoning. The parcel to be rezoned to RP consists of 72.7418 acres and is highlighted on the following generalized land use development plan. The remainder of the Carriebrooke parcel is zoned Business General (132). The Impact Analysis Statement for Carriebrooke is prepared. as required by the Frederick County Board of Supervisors for rezoning approval of the property. The model projects a negative fiscal impact. The owners/ developers have proffered an amount that will offset the projected negative fiscal amounts projected by the Frederick County model. There are residential units proposed as part of this rezoning request. The property is planned with commercial sites with a mix of business and retail uses and the residential uses as proposed for this requested rezoning. A Master Development Plan is approved for Carriebrooke. The property is located in the Shawnee Magisterial District and has frontage on Tasker Road. The portion of the property proposed for RP rezoning is located along Carriebrooke Drive which connects Tasker Road with the future Warrior Drive. The portion of the property proposed for RP zoning is located in the Urban Development Area (UDA) and within the Sewer and Water Service Area (SWSA). Community and county wide planning policies recognize this area as suitable for development. Proposed Route 37 is not located on the Carriebrooke site but the long-term transportation network of the area has been considered and implemented as part of the project. The Carriebrooke Master Plan reflects the best plan for connecting with the proposed Route 37. Analysis of environmental and physical characteristics of this property to be rezoned indicated that there is opportunity for development as envisioned for both business and residential uses. Environmental features that limit the development are identified and incorporated for design consideration. Public sewer and water service are available to the property. Natural gas and electric service are available to the property. The rezoning of the 72.7418 acres of the Carriebrooke property fit within the guidelines of present planned policy for the area. In summary: - The property is within the UDA and SWSA shown in the Frederick County Comprehensive Plan. - The property has all service utilities including sewer and water. - A portion of the property has been zoned and Master Planned for commercial and business land uses. - The property is located along an important transportation corridor and helps implement a future transportation link between Tasker Road and future Warrior Drive. - Environmental limitations are identified allowing for the residential development as envisioned. - Fiscal impacts are recognized and proffers are volunteered with offsetting amounts. Impact Analysis Introduction The property requested for rezoning consists of 72.7418 acres. This request is to rezone the balance of the Carriebrooke property 72.7418 acres from present Rural Area (RA) to Residential Performance (RP) . The project will consist of single family homes and condominium homes in a suburban setting. The property is evaluated in light of both types of housing. The project is called Carriebrooke, and is located along the eastern side of Tasker Road, VA. Sec. Route 642 approximately 1500 feet south of the intersection of Route 37, Interstate 81 and Routes 642 and 847. See the following Location Map. The property is located just north of the Frederick County Sanitation Authority Headquarters and Water Storage Tank. Carriebrooke consists of 20.00 acres zoned Business General (132) and 72.7418 acres zoned Rural Area (RA) requested to be zoned Residential Performance (RP). The property is identified as tax parcel 75-((A))-89 and 89A located in the Shawnee Magisterial District. The property is located in the Frederick County Comprehensive Plan designed Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The property is Master Planned showing proposed Carriebrooke Drive linking Tasker Road to Warrior Drive and the commercial — business area recently zoned. Planning Analysis The requested rezoning is in conformance with the adopted Comprehensive Plan through its UDA designation. The property has frontage on VA Route 642, Tasker Drive, where the planned intersecting street, Carriebrooke Drive, will provide access and connect with the future Warrior Drive. The Frederick County Sanitation Authority provides public sewer and water service. Initial planning analysis of the property with zoning and development constraints indicate that approximately 130 single-family homes and 120 multi -family units can be supported using urban design standards. A Master Development Plan is approved for Carriebrooke showing development of the commercial/ business area and the remaining portion as future development with RA zoning. The Master Development Plan will have to be revised to provide design for the planned residential units. See the Carriebrooke Master Development Plan in the Attachment section of this application. INT6C.IhAl4 791 0 O' r f`� �—.��...�oo'I +8�•• �'—_S-1 lllf° / t � �� ' j '�'I •i �) �1 '�.i`+y� �'•�) ! �7 J-::�� �ll ���r. I r i' 745 • a/ 1 +� 11 •�8Tt(� RL .al v r CB • �� I , 1�{1 / '/. r \ :'i ���oi�- 1 ,/i ��' _ � ' • ° o � ��/ � ���/ ��/tea .) � �01, N �Op�._��/�;�" I ; < ' f.%�: ';�� - � • � � : I ` I � ti y • - -" _ 729 d� . Z's. �'. - �'°`_ �' p �!'„i'' ' .' ^yon• - 53•• .57 . `Stephen lCity.— ; 113 M // ' • I / Radio Facility,\•• a ..... � a� 'tri, �r�a 9nk'• i , t • •• �.-•>� :� .L�- , r .714” �` .�:. ;,• ,• s°� Greeh H'I -71 Nit r moi. - ,_: �,� • ' " v r;. =(, ' z .• '`i lj 1` � /,,. INTE 78 .Q ♦9 e d s J I' i 4 0 .\ �•' •v j $ �'1• f , h , < r Sha e t g �IIII ..ov g0 i p 'i: 4',. j- �.� - 769 • 1 ; Y ,. . 700 / a .° + 6 R . o Gilbert W Clifford and Associates 200 N. Cameron Street Carriebrooke fnchester, Virginia, 22601 Location Map 703-667-2139 Site Suitability/ Soils The property to be rezoned has development limiting factors of steep slopes along the northern and eastern portion of the property and a gas utility easement generally running north to south. The steep slopes are identified on the Carriebrooke Master Development Plan and are associated with flood areas along the Opequon Creek stream channel along the eastern part of the property. The property has no other site- specific development limiting factors. The property appears well suited for all categories of residential uses based on site evaluations of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Development impacts are slight on adjacent properties. The primary impact concern on adjoining properties is the change of use from open, rural land to a suburban setting. Carriebrooke adjoins the developed Lakeside subdivision to the southeast. Site Suitability - The property appears well suited for RP uses and conforms to suburban land -use trends in the area. 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 number 41 as berks channery silt loam, blairton silt loam, clearbrook channery silt loam, massanetta loam, weikert-berks channery silt loam. See following Soils Map. Prime Agricultural Soils - The property does contain prime agricultural soils as identified by the Frederick County Soil Survey. These soils are identified as blairton silt loam, 2 to -7 percent slopes (313) and massanetta loam (29). Slopes - There is an area of steep slopes that run along the north and east side of the property. The portion of the property with steep slopes is identified in the 15 - 65% ranges. A majority of the site has slopes suitable for development in the 2 - 15% ranges. Wetlands - There are no wetlands identified on this property. Ponds and Lakes - There are no ponds or lakes on this property. Flood Plain - There are flood plain areas identified on the property by US HUD flood maps for Frederick County. These are located along the Opequon Creek stream channel and shown on Map Number 510063-0200-B. See following Flood Plain Map. 4B 41 .46 �5y .+a - 46 • i . 32B r. J -�• � �•. 2B^.. 32B .yr 32C r'`� • -x + K c c t Ix slm Z `� # ' I4B .°-;XX 97 Q1+ 3 6CDES of `' r + .► 4 ID 9' + 326, •� V !1C 6C 6C s ^- o f t 1 D ��� -C • I'd d. 32BAil `ter �• 1 .�� ?'�¢ - .�- S. p � t �• --� ot- � - :oil .!, • '' ^C 6C 9S '. 3B 8C S i�F a 14C' /+ • d. 146 41PC nvijl� ge i .6C 9C it • .. Y� 32B Z9� 41D- 9B 9C-_* y� 41E 9B d air 148 6 C 88 m / �,n1 98-•�I.t•- . �. 9B 11 - - a Gilbert W. Clifford and Associates 200 N. Cameron Street Carriebrooke Winchester, Virginia, 22601 So►IS Nja 703-667-2139 P Gilbert W Clifford and Associates 200 N- Cameron Street Carriebrooke Winchester, Virginia, 22601 Flood Plain Map 703-667-2139 1 642 city lZONE C ' 6041 Gilbert W Clifford and Associates 200 N- Cameron Street Carriebrooke Winchester, Virginia, 22601 Flood Plain Map 703-667-2139 1 Surrounding Properties The property is bordered on the north by land zoned Rural Area (RA) and planned for the extension of Route 37 from I-81 to US Route 522. To the east is property zoned RA and undeveloped. Warrior Drive is planned east of Carriebrooke but not adjacent. To the southeast of Carriebrooke is the Lakeside residential development zoned RP. The property to the south is zoned both RA and Business General (132). Directly to the south of the Carriebrooke commercially zoned frontage is the FCSA headquarters building and elevated water storage tank facility. Also to the south of the property are two single family residential dwelling units zoned RA. To the west of the property is VA. Sec. Route 642, Tasker Road and Interstate I-81. The impacts resulting from the development of the RP portion of Carriebrooke are minimal to the surrounding properties. Carriebrooke is on the northern fringe of the residentially developed area of Lakeside and is compatible with the surrounding and emerging land use patterns. The proposed residential (RP) zoning is in conformance with the Frederick County Comprehensive Plan. Traffic The Institute of Transportation Engineers (ITE), Trip Generation Manual indicates that the average trip generation per dwelling unit for single- family detached housing on a weekday is 10.16 trips. The figure used by the Virginia Department of Transportation (VDOT) is 10 trips per day per dwelling unit. ITE rates for residential condominium units is 5.85 average trip ends for each unit. There is a high correlation between the _ average trip generation figure for weekend day and' weekday. The proposed number of residential condominium units is 120 and the proposed number of single family residential lots is 130 with a cumulative average trip generation of approximately 2000 at build -out for the area proposed for RP zoning. Average peak hour trip generation, between 4:00 and 6:00 PM is 2.7 for single family and .56 for condominium units with a projected total average weekday trip count of approximately 400 for 250 units. Traffic would enter and leave the property via Carriebrooke Drive. Current traffic volumes on Carriebrooke Drive are low. Traffic would then enter onto Tasker Road, VA. Sec. Route 642 a high volume secondary road. 1995 VDOT traffic counts on Tasker Road indicate that the average daily trip count is 8,046. This figure is more than likely higher due to the amount of residential development, which has occurred south and east along Tasker Road. Carriebrooke Drive is proposed to be extended through the property and stubbed at the eastern property line allowing for future connection to proposed Warrior Drive and extended Route 37. The impacts associated with this proposed residential rezoning add approximately 2000 trips per day to existing Tasker Drive when the development is built -out. Subdivision plans for Carriebrooke require a complete transportation study to identify all required VDOT road improvements for Carriebrooke Drive and the intersection connection with Tasker Road. Sewage Conveyance & Treatment The Frederick County Sanitation Authority (FCSA) provides sewage conveyance and treatment to Carriebrooke. The property is located within the Frederick County Sewer and Water Service Area (SWSA) designated in the adopted Comprehensive Plan. A planned pump station serves the existing commercially developed area of Carriebrooke and force main that connects with a force main located on the adjoining property to the south. There appears to be no sewage capacity or treatment problems associated with the development of this property for residential purposes. Water Supply The Frederick County Sanitation Authority (FCSA) provides water supply to Carriebrooke. The property is located within the Frederick County Sewer and Water Service Area (SWSA) designated in the adopted Comprehensive Plan. The existing commercially developed area of Carriebrooke is currently served by a 12" water main with fire hydrants appropriately located. Extension of these mains is planned to serve the area proposed for residential zoning. There appears to be no water supply problems associated with the development of this property for residential purposes. Drainage The property drains to the north and east with flows concluding in the Opequon Creek. The portion of the property proposed for RP zoning and residential development is well drained and posses no drainage problems associated with the planned development. A storm water management facility is designed and planned to serve the existing commercial portion of the property. Storm water management will be provided to maintain predevelopment runoff quantities and velocities in order to prevent adverse impacts on the surrounding properties. Solid Waste Disposal Facilities The amount of solid waste projected to be generated from the proposed residential portion of Carriebrooke is based upon full build -out of 250 units. The amount of solid waste per captia per day is estimated at five (5) pounds. With 250 proposed units and a average of three (3) persons per dwelling unit, approximately 3,750 pounds of solid waste may be generated (3 persons per unit x 250 units = 750 persons x 5 pounds) at full build -out. Historic Sites & Structures The property contains two historic resources identified by the Frederick County Rural Landmarks Survey. These features are identified as the Cary's Brook House (34-319) and the Carysbrook Redoubt (34-320). A detailed review of these features is included in the attachment section of this report. The Carysbrook Redoubt is recommended for preservation while the Carys' Brooke House is of such poor state of condition that reservation is not recommended. See the Rural Landmarks information in the Attachment section of this application. Impact on Community Facilities Education Facilities - This project will generate school age children and will impact the Frederick County School System. Capital costs for the impacts associated with the increase of school age children is off -set with the development projected for the remaining portion of Carriebrooke that is zoned B2. Parks and Recreation - This project will result in a capital cost impact for Parks and Recreation because of the residential nature of the proposed RP rezoning proposed. Capital costs for Parks and Recreation is mitigated with a like monetary proffer as suggested by the impact model. Fire and Rescue Facilities -This project will result in a capital cost for Fire and Rescue as modeled by the impact model. Capital costs for Fire and Rescue facilities are mitigated with a like monetary proffer as suggested by the impact model. The Stephens City Fire and Rescue Company serve the Carriebrooke property. Environment There are no known major environmental impacts as associated with the rezoning of this property. There will be certain minor negative impacts due to the construction activity including runoff sediment, noise, and constructed related traffic and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. There are no known endangered species of fauna, flora or wildlife, which will be affected by this project. Groundwater and air quality should be unaffected. Steep slopes, floodplains, and woodlands are identified environmental features associated with this property. identification and protection of these features is required during the master -planning phase of development. Other This zoning change from RA to RP would create a fiscal impact as identified in the Frederick County Impact Model Report that is attached. These impacts are offset with contributions proffered to Frederick County. There are no known other impacts other than the impacts identified in this study. Fiscal Impact The fiscal impacts of the Carriebrooke rezoning are measured for capital costs that relate to the improvements necessary for the County to increase the capacity of public facilities. The amount of the impact for any rezoning and subsequent land development such as Carriebrooke depends upon location and land uses. Using the rezoning impact model provided by Frederick County Department of Planning and Development, the total capital cost of requiring new facilities generated by the Carriebrooke rezoning is considered for each local governmental department for it's respective service area. In this case these departmental areas include: - Schools - Parks and Recreation - Fire and Rescue As evidenced by the model forecast, the capital cost is for new capital costs calculated for Schools, Parks and Recreation, and Fire and Rescue. The amount for Parks and Recreation is $100,780.00. New capital costs for Fire and Rescue not covered by Frederick County contributions is modeled at $6,369.73 for 245 dwelling units. Carriebrooke, when rezoned and developed, warrants a credit of $911,082.00 based upon its overall net fiscal impact due to taxes that will be paid by the project in future years. Carriebrooke generates a net negative impact in accord with the Frederick County Impact Model Report for this rezoning proposal. -__- Future credits that go toward funding existing debt service are determined by the model and applies to School, Fire and Rescue, and Parks and Recreation departments only. The rezoning impact model for Frederick County does not calculate positive fiscal impacts associated with non-residential land uses. Instead, only impacts associated with residential uses are actually shown. In the case of non-residential a zero ($0) value impacts amount or value is shown due to large amounts of fiscal impact associated with such commercial or office (non-residential) land uses. The Frederick County impact model shows that there is a net impact of $107,149.73 or $437.34 per unit for the Carriebrooke rezoning. The model impacts reflect a change of RA to RP for the purpose of calculating impacts. PC REVIEW DATE: 12/02/98 BOS REVIEW DATE: 01/13/99 REZONING APPLICATION #019-98 DANFORD RIDGE PROPERTIES, L.C. To rezone 103.74 acres from RA (Rural Areas) to RP (Residential Performance) LOCATION: This property is located approximately 1,400 feet south of the intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644) on the west side of Route 522 South. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-22 and 76-A-23 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RP (Residential Performance) District East: Zoned RA (Rural Areas) District West: Zoned RA (Rural Areas) District PROPOSED USE: 250 single family residential units REVIEW EVALUATIONS: Use: Residential; Agricultural Use: Undeveloped Sections of Wakeland Manor and Tasker Land Bay Master Plan Use: Residential Use: Vacant Virginia Dept. of Transportation: No objection to rezoning ofthis property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage Danford Ridge Properties, L. C. REZ #019-98 Page 2 November 23, 1998 features, and traffic flow data from the I. T.E. Trip Generation Manual, Sixth 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. See attached letter from VDOT to G.W. Clifford dated 10/8/98. Fire Marshal: Plan approval recommended. Sanitation Authority: No comment. County Engineer: See attached letter from Harvey E. Strawsnyder, Jr. dated 1012/98. Parks & Recreation: Plan appears to address standards for parks and recreation development. Frederick Co. Public Schools: We believe the impact of the proposed rezoning on current and future school needs should be considered during the rezoning process. County Attorngy: Proffer needs signature of owner; otherwise, appears in proper form. Planning & Zoning_ 1) Site History The original Zoning Map for Frederick County (U.S.G.S. Stephens City Quadrangle) demonstrates that this site was zoned A2 (Agricultural General) District. This zoning designation was reclassified to RA (Rural Areas) District on February 14, 1990, when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. To date, no divisions of land have occurred on these two parcels. 2) Location The two parcels proposed for rezoning are located in the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Parcel 76-A-23, comprised of 66.93 acres, does not have direct access to a state -maintained road and is only accessible at this time through parcel 76- A-22, comprised of 36.80 acres, which has frontage along Front Royal Pike (Route 522 South). 3) Site Suitability The site contains significant areas of steep slope and woodlands, as well as areas of flood plain and wetlands that are associated with Lick Run, a perennial stream which traverses the two properties and drains into the Opequon Creek. The Frederick County Rural Landmarks Survey identifies the Frederick Hall House (934-143), located just north of this site, as a potentially significant historic Danford Ridge Properties, L.C.; REZ #019-98 Page 3 November 23, 1998 resource. The site has a public sewer line and easement along Lick Run and has the potential to be served by public water service. Access is limited at this time to Front Royal Pike (Route 522 South). Future connections will include the extension of Warrior Drive, a major collector road which will traverse this site from south to north, and Parkins Mill Drive, a major collector road which will traverse this site from east to west. 4) Potential Impacts and Issues a) Transportation System: The applicant has provided information which indicates that the development of this site would generate 2,500 vehicle trips per day. The most current VDOT traffic counts (1994 data) indicate that there is an average of 7,800 daily vehicle trips through this segment of Front Royal Pike. Therefore, the development of this site would increase traffic on this segment of Front Royal Pike by 32%. The Winchester Area Transportation Study (WATS) and the County's Comprehensive Policy Plan call for the development of Warrior Drive within this area. Warrior Drive is being planned between Fairfax Pike and Tasker Road at this time, and is depicted on the approved Wakeland Manor Master Development Plan as continuing from Macedonia Church Road to the northern limits of that development. The terminus of Warrior Drive through Wakeland Manor adjoins parcel 76-A-23, approximately 700 feet from the southwestern boundary line. The General Development Plan for the proposed rezoning does not demonstrate the continuation of Warrior Drive through this site. The sole means of access to this site is via Front Royal Pike (Route 522 South) at this time. Correspondence from VDOT, dated October 8, 1998, and an E-mail from VDOT, dated November 10, 1998, state that there is no objection to the rezoning provided that a minimum spacing standard of 800 feet is provided between existing crossovers along Front Royal Pike and the new crossover that would need to be constructed for this development. The VDOT correspondence, dated October 8, 1998, indicates that there is a deficiency of approximately 250 feet of distance to meet this requirement. b) Historic Resources: The Frederick Hall House, identified by the Rural Landmarks Survey as a potentially significant historic resource (#34-143), is located on the north side of the Opequon Creek, approximately 500 feet from the northeastern limits ofthis proposed residential development. Negative impacts to the viewshed from the Frederick Hall property could be realized if woodland disturbance occurs in this general area. Danford Ridge Properties, L.C.; REZ #019-98 Page 4 November 23, 1998 c) Community Facilities and Services: The County's Capital Facilities Impact Model was applied to this rezoning application on November 4, 1998. The results of this model run demonstrate a negative fiscal impact to Public Schools, Parks and Recreation, and Fire and Rescue services for capital facilities needs. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed, notarized, and reviewed by the County Attorney. The applicant has proffered to develop a maximum of 250 single-family dwelling units, to provide necessary right-of-way and undertake improvements for Front Royal Pike and for internal road systems as required by VDOT, to provide an environmental easement that will maintain existing steep slope and woodland areas for the purpose of protecting the Frederick Hall viewshed, and to provide a monetary contribution to offset the negative fiscal impacts for Public Schools, Parks and Recreation, and Fire and Rescue services. STAFF CONCLUSIONS FOR 12/02/98 PLANNING COMMISSION MEETING: The 103.74 acres proposed for rezoning is located in the County's Urban Development Area (UDA). The Land Use Chapter of the Comprehensive Policy Plan (CPP) states that suburban residential development will be the predominant land use within the area although business and industrial uses will also be present. The CPP also states that new development within the UDA should only be approved when roads and other infrastructure with sufficient capacity have been provided. The 103.74 acres is a component of the Southern Frederick Land Use Study that is currently being "M analyzed by the Comprehensive Plans and Programs Subcommittee (CPPS). The fundamental purpose of a land use study is to provide guidance to decision makers in considering rezoning proposals to ensure that the final action is consistent with the County's long-range planning vision. It is anticipated that a land use plan for this area will be adopted by the Board of Supervisors in Spring 1999; therefore, it is uncertain at this time as to the recommended land use throughout the study area, including the acreage proposed in this rezoning application. The applicant has provided a proffer statement as a part of this rezoning application to attempt to mitigate the negative impacts to the transportation system, to historic resources, and to community facilities and services. The proffer statement appears to satisfy the comments made by VDOT, provided that adequate distance can be provided between crossovers on Front Royal Pike, and satisfies the negative impacts to the Frederick Hall viewshed and community facilities and services. The General Development Plan provided by the applicant does not include a proposal to continue Warrior Drive from the Wakeland Manor property to the south. This plan depicts the location of Warrior Drive west of Danford Ridge through the Artrip property. This location appears to be Danford Ridge Properties, L.C.; REZ #019-98 Page 5 November 23, 1998 superior from a technical engineering design review, as it keeps Warrior Drive out of the stream beds and steep slope areas. Unfortunately, the location proposed by the applicant will not allow for a connection with the segment of Warrior Drive through Wakeland Manor unless the approved Master Development Plan is revised for that development. The applicant should be prepared to adequately address the issues associated with the Southern Frederick Land Use Study and the location of Warrior Drive, as well as concerns raised by the Planning Commission and the Board of Supervisors during the decision-making process for this rezoning proposal. O:\Agmdas\RFZONE\COMMENTS\DanfordRidgePropmtes.RFZ 11110!1998 16:27 5406650493 G W CLIFFOPD & ASSOC c 09PARTMENTOFTRAMBPORTATION DAV® R. GEM ®W®11RG RESIDENCY CIR"SM ER 14031 OLD VALLEY PIKE P.O. SOX 278 EDINBURG, VA 22824.xM October 8, 1998 Mr. Charles E. Maddox, Jr., F.E., V.P. C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Chuck: PAGE 02 AMY A. COPP RE$UENt TRE(6w)Q@ 50W FAX (M) OW-OW7 Ref. Danford Ridge Generalized Development Plan Route 522 (Front Royal Pike) Frederick County We have reviewed the preliminary plan dated August 10, 1998 for the referenced project. Although we have provided a favorable comment to Frederick County for the rezoning application, it is our desire to register early concerns on two major potential problems incorporated on the proposed plan. 1. The proposed access to VDOT facility Route 522 is located such that minimum distance between crossovers could not be achieved. A posted speed of 55 mph has a desirable spacing between crossovers of 1000' with a minimum of 800'. The distance from this proposed access to the nearest existing crossover appears to be approximately 550'. Please refer to VDOT Road Design Manual, Appendix C-1 (copy attached). 2. The proposed drainage structure just upstream of an exisitng double box culvert under existing Route 522 will carry the flow from an Opequon Creels Tributary, Lick Run, its impact on the VDOT structure should be considered. Also, the assurance of onsite stormwater management practices so no adverse affect will be placed on the VDOT downstream structures should be considered. These concerns are being forwarded to our District Office for further review, These comments are to be considered incomplete until such time as we receive a response from District staff members. In the meantime, if there are any questions, please feel free to call. Sincerely,, B� J. Sweitzer, Trans.�Roadw eer 'm'Y Engin For: Steven A. Melnikoff, Transportation Engineer B.TS/rf Enclosures :xe, Mr. Dave Heironinius Mr. Jim Diamond, Attention: Mr. Kelly Downs Mr. Temv Jackson_ Attention: VWPQW-MORMA MOVING 11/10/1998 16:27 5406650493 G W CLTFFOPD & ASSOC PAGE 03 C-1 C.C, .M's �Q�x SECTION C -1 -DESIGN FEATURES (.... CROSSOVER SPACING Criteria Table C-1-1 shows crossover spacing and sight distance requirements to be applied on all divided highways without full control of access. The minimum sight distance requirement indicated in Table C-1-1 must .be met at all crossover locations. Crossover spacing less than shown as minimum will be considered when required by intersecting public highways or streets with a current ADT of 100 or greater. Other crossovers will only be allowed after an individual traffic safety and operational study. The following are some factors, but not ail inclusive, that should be considered in the study, if applicable: Operating speed, volume of traffic for crossover and through routes, signal operation/progression, accidents with and without additional crossover, number of U-turns, weaving maneuvers, alternative solution, capacity analysis, type of vehicles such as school buses, trucks, etc. Final approval will be required by the State Traffic Engineer and the State Location and Design Engineer. DESIGN SPEED CROSSOVER SPACING MINIMUM of!^U%aullr HIGHWAY DESIRABLE MINIMUM DISTANCE (MPH) FEET (FEE FEET 70 1250 1000 828 60 1100 900 700 55 1000 600 650 so 000 700 600 45 800 650 525 40 700 600 475 5 600 t 500 400 TABLE C-1-1 CROSSOVER SPACING CRITERIA Sight distance determinations apply both horizontally and vertically and are to be based on a height of driver's eye of 3.5' and a height of object 4.25' measured each way. All pians at the field inspection stage are to show only those crossovers at public highways and streets which meet these criteria or at other locations that preliminary planning and traffic studies have warranted. The determination of additional crossovers will be the result of field inspection recommendations of the District Administrator, State Traffic Engineer, (or other appropriate Engineer) and the State L & D Engineer. The approval of the crossovers is the responsibility of the State Traffic Engineer and the State L & D Engineer, with the final responsibility for the location of crossover layout on plans resting with the State L & D Engineer. From: Sweitzer, Barry <BSWEITZER@vdot. state. va. us> To: G. W. Clifford & Associates (E-mail) <gwcliff@mnsinc.com> Cc: Frederick County Planning Department (E-mail) <fcpl an @shentel. net>; Diamond, Jim <Diamond_JB@vdot.state. va.us>; Downs, Kelly <Downs-KB@vdot.state.va.us>; Heironimus, David (Dave) <Heironimus D@vdot.state.va.us> Date: Tuesday, November 10, 1998 12:09 PM Subject: Danford Ridge MDP - Alternate Plan Concept (Route 522, Frederick County) ATTENTION: MR. CHUCK MADDOX A VDOT review has been completed for the alternate plan received on 10/21/98 for the subject project's master development plan. We concur with the alternate plan provided adequate sight distance can be achieved at the intersection. Consideration should be given to both directions on the respective lanes at crossover. Left tum lanes and taper should be provided on each lane at crossover. The master development plan should include proffers from the developer to provide the required crossover and tum lanes with tapers, signalization agreement if warrants are evident by VDOT analysis with all costs for installation and construction to be bome by the developer. This intersection with the necessary documentation will have to be submitted to VDOTs Central Office for approval prior to issuance of an approved permit. This documentation should include as a minimum the above mentioned sight distances as well as Route 522 (NBL;SBL) and the connecting street profile sheets. If there are any questions or if you need additional information, please call. Barry J. Sweitzer, Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer 11/10/98 October 2, 1998 Mr. Charles E. Maddox, Jr., P.E. G. W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Rezoning for Danford Ridge Frederick County, Virginia Dear Chuck: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/673-0632 We have completed our review of your request to rezone approximately 104 acres from RA to RP. Based on your description of the proposed project, we anticipate that the site will be developed as a residential subdivision for approximately 250 single family dwellings. We can only assume at this point that the development will include curb and gutter. Based on our review of the impact analysis, we offer the following comments: 1. The bridge structure proposed across Lick Run should be designed to the same parameters adopted by the Virginia Department of Transportation (VDOT) for the new structures under Route 522. The impact of the Route 522 structures on the proposed crossing should be evaluated considering the close. proximity. 2. We support your proposal to design and construct multi-stormwater structures. The site topography supports this approach to stormwater management. Each stormwater detention structure shall be designed to include sedimentation control which shall be maintained during the build -out phase of the development. 3. The analysis of the generation of solid waste is very realistic. To carry this one step further, the construction of this development will result in a cost impact of approximately $45,000.00 to Frederick County's solid waste budget. To reduce this impact, we suggest that the developer include the requirement for solid waste collection in the covenants of the subdivision. For your information, the impact model has been revised to include solid waste impacts. 4. Based on our site review, we concur with your evaluation of the environmental issues. We will reserve any further comments related to this issue until we have 107 North Kent Street v Winchester, Virginia 22601-5000 Danford Ridge Page 2 October 2, 1998 had an opportunity to review the Master Development Plan. Please contact me if you have any questions regarding the above comments. Sincerely, kc�i Hey E( trawsnyder, Jr., P. . Director of Public Works HES/kch cc: Department of Planning and Zoning file REZ #019-98 PIN: 76-A-22 & 23NM- Danford Ridge Produced by Frederick County Planning and Development, 11-12-98 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 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, 107 North Kent Street, Winchester. I. Applicant: Name: Gilbert W. Clifford & Associates Inc. Telephone: 667-2139 Address: c/o Stephen M. Gyurisin 200 N. Cameron St.. Winchester VA 22601 2. Property Owner (if different than above) Name: Danford Ridge Properties, LC Telephone: 667-4546 Address: 201 Selma Drive Winchester, VA 22601 3. Contact person if other than above Name: C.E. Maddox, Jr., P.E., VP Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees _X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. 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. Stafford_ Jr. Sophronia J. Stafford 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER 76-A-13 76 -A -18A 76-A-20 / 21 76-A-31 76 -A -99A USE AG RES RES AG' AG Vacant Residential ZONING RA RA RA RA RA 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). Approximately 1400+ feet south of the intersection of U.S. Route 522 and VA Sec. Route 644 on the west side of U. S. Route 522 south. 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification #: 76-A-23 & 76-A-22 Districts Magisterial: mon— High School: Sherando Fire Service: Stgphens City Middle School: Aylor Rescue Service: Stqphens City Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 103.74 RA RP 103.74 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed - 250 Single Family home X Townhomes Non -Residential Lots Mobile Home Office Retail Restaurant Square Footage of Proposed Uses Service Station Manut�uring Warehouse Other Multi -Family Motel Rooms 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. , I (we) understand that the sign issued 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) knowledge. Applicants { E. Maddox Jr-, VE., VP Owner(s) Date / /g, I i Date 11-4-98 Date �, - i s Date Danford Ridge Properties, Inc. Adjoining Property Owners 72-A-22 & 75-A-23 •iivivivmivivirrvivivwiviviswivivivivivivwimwwwwivivwivimiswivwivimvivivivwivivwivmisivwioivi,�ioioivimiviviviv�miv�svwivivivivivwivn Tax I.D. Number Name & Address 75 -A -99A Winchester Artrip LTD Partnership 11501 Huff Court Bethesda, MD 20895 75-A-100 Wakeland Manor Land Trust 300 Craig Dr. Stephens City, VA 22655 75-A-101 Wakeland Manor Land Trust 300 Craig Dr. Stephens City, VA 22655 76-A-13 Artrip, W. F., Jr. 1726 Front Royal Pike Winchester, VA 22602 76-A-18 Lewis W. Spangler P.O. Box 1324 Winchester, VA 22604 76 -A -18A Douglas and Connie Graham 1910 Front Royal Pike Winchester, VA 22602 76-A-19 William F. Bonnet, Jr. 746 Seldon Dr. Winchester, VA 22601 76 -A -19A William F. Bonnet, Jr. 746 Seldon Dr, Winchester, VA 22601 76-A-20 Troy B. Tomlinson 2030 Front Royal Pike Winchester, VA 22602 76-A-21 Regina F. Hartley 2070 Front Royal Pike Winchester, VA 22602 76-A-22 Danford Ridge Properties, LC 201 Selma Drive Winchester, VA 2260I 76-A-23 Danford Ridge Properties, LC 201 Selma Drive Winchester, VA 22601 76-A-31 Jasbo, Inc. P.O. Box 6 Stephens City, VA 22655 76-A-92 Christopher R. See 110 White Oak Rd. White Post, VA 22663 76-A-93 Jacqueline V. Profitt 2111 Front Royal Pike Winchester, VA 22602 D8 887 - ^G 1116 z ��}�•s� CURVE TABLE CURYERADIUS LENGTH I CHORD I BEARING Cl I 707.33' 466.77 458.30 3IIw00'W C2 1008.95' 1 83.81' 1 83.79 501.09 -NW HARr-EY IR 11,, IRF C2 © IRF U$ ROUi 7,-522 � NOTES: pikl'4 F RONTRO,AL/ TCmLI;:SO 1. NO TITLE REPORT FURNISHED. PXz 2. EASEMENTS MAY EXIST THAT ARE NOT / SHOWN ON THIS PLAT. 3. IRF - IRON ROD FOUND IPF - IRON PIPE FOUND IRS - IRON ROD SET 4. THE INFORMATION SHOWN HEREON IS BASED UPON AN ACTUAL FIELD RUN ELECTRONIC SURVEY MADE ON JANUARY 26, 1998. 5. PROPERTY LINE ADJOINING WINCHESTER ARTRIP LIMITED PARTNERSHIP WAS REESTABLISHED ACCORDING TO DESCRIPTION SHOWN IN DEED OF BOUNDARY ADJUSTMENT AS RECORDED IN DEED BOOK 713 AT 4TH Or D 0 tJ a DOUGLAS C. LEGGE No. 001197 9� su-RN:X04' COR. `cn o IRS N10a3 9 T— COR. POST N71'4331 13.41 174.84' r;,1 i t 4py6p IRF NJ36 r �i tt-il 11 740.J6 .0 N76°0647°E 2> tt ?j t t u 176.00' 5� tt 510°2520v__ ; RTRIP, ci 1 �1 rr PIN 76-A-23 IRFt rr 66.9324ACRE5 �\ --EX. 20' F.C.S.A. SEWER EMT (DB 689 -PG 72) 1� u n .1 t1 5,�, 1 90"w rn 1R, C`"_ 1849_ EX. N.V.P.C. VW DB 213 -PG 250 ( (UNDEFINED WID-H) IPF t n u : PIN 76-A-22 36.80x9 ACRE5 � 1t 1 111 NW54ln EX. 10' & 20' 1 FCSA WATER ESMT'S DB 793 -PG 356 IRF 1�1 \�1 �`2 1 9� , for HARr-EY IR 11,, IRF C2 © IRF U$ ROUi 7,-522 � NOTES: pikl'4 F RONTRO,AL/ TCmLI;:SO 1. NO TITLE REPORT FURNISHED. PXz 2. EASEMENTS MAY EXIST THAT ARE NOT / SHOWN ON THIS PLAT. 3. IRF - IRON ROD FOUND IPF - IRON PIPE FOUND IRS - IRON ROD SET 4. THE INFORMATION SHOWN HEREON IS BASED UPON AN ACTUAL FIELD RUN ELECTRONIC SURVEY MADE ON JANUARY 26, 1998. 5. PROPERTY LINE ADJOINING WINCHESTER ARTRIP LIMITED PARTNERSHIP WAS REESTABLISHED ACCORDING TO DESCRIPTION SHOWN IN DEED OF BOUNDARY ADJUSTMENT AS RECORDED IN DEED BOOK 713 AT 4TH Or D 0 tJ a DOUGLAS C. LEGGE No. 001197 9� su-RN:X04' COR. `cn o I N30'47'S6'E RF P.o 174.84' 58841 IRS 23 QRS N76°0647°E j`S 176.00' 510°2520v__ ; RTRIP, C LINES 1 8"E �cn 'ti•, 28 WHITE ` 1' OAK CO:;:ET, \\\ SCALE: 1" = 400' 1 DATE: FEBRUARY 26, 1998 1 DWG. # DANFORD of the Land of DANFOR.D RIDGE PROPERTIE5, L.C. Deed Book 832 - Page 829 Opeauon s nd Shawnee Magisterial Dlgtricro Frederick County, Virginia MARSH & L EGG E Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Virginia 22601 (E40) 667-0468 Pat: (540) 667-0469 REZONING REQUEST PROFFER Property Identification Number 74-((A))-22 & 75-((A))-23 Opequon & Shawnee Magisterial District DANFORD RIDGE PROPERTIES, LC Preliminary Matters Pursuant to Section 15.2-2296 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 #W-98 for the rezoning of 103.74 acres from Rural Area (RA) zoning district Residential Performance (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 successor or assigns. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 103.74 acres, with frontage along Front Royal Pike in the Opequon and Shawnee Magisterial Districts of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for and issued the sum of $4,087.97 per lot_ The monetary proffer provides for $3,484.29 for Frederick County Schools; $591.06 for Frederick County Parks and Recreation- and $12.62 for Frederick County Fire and Rescue. General Development Plan The development of the subject property shall provide for a street layout connecting with U.S. Route 522 South, Front Royal Pike and continuing in a northwest fashion toward the west boundary of the property to connect with Parkins Mill Drive, as shown on the attached Generalized Development Plan dated August 16, 1998 and labeled `Danford Ridge" as prepared by Gilbert W. Clifford & Associates, Inc. Voluntarily proffered is the attached Generalized Development Plan including the following improvements: 1. On the 103.74 acres to be zoned RP no more than 250 units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property - 2. Additional right-of-way for the construction of turn lanes and/or travel lanes along U.S. Route 522, Front Royal Pike as required by VDOT will be provided. 3. A traffic impact study will be conducted using VDOT procedures for the development proposed within Danford Ridge Properties, LC at the time of the site development plan review and/or subdivision. Improvements to U.S. Route 522, Front Royal Pike and the design improvements of interior roads will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific number of lots. 4. Steep slope and environmental areas, as defined by the Frederick County Zoning Code, that are located along the Danford Ridge property line bordering Opequon Creek shall be maintained so as to preserve the viewshed of the adjoining historic building know as Frederick Hall. The general location of these features are shown on the attached Generalized Development Plan dated August 16, 1998 and labeled `Danford Ridge" as prepared by Gilbert W. Clifford & Associates, Inc. These areas will be further shown and described on the required Master Development Plan for Danford Ridge. 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, PROPERTY OWNER By: 11z, -// rZ&AA Date: z�,// IIL143-- STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this /, 54 day of 1998, by A4,16 -IL-3 of Danford Ridge Properties, LC. My Commission expires i Notary Public c i. MF AASH OIG I - 13a, tm{ie`aat / 77.47 S It �\ Nil.'� a..� ,n i - 13a, tm{ie`aat / 77.47 S It �\ Nil.'� a..� ,n Summary The following Impact Analysis Statement is provided in summary form for the property known as "Danford Ridge"_ The property is located along Front Royal Pike (U. S. Route 522 South) at Parkins Mill Road (VA Sec. Route 644). The parcels to be rezoned total 103.74 acres. The parcel is currently zoned Rural Area (RA). The requested rezoning is to change the current 103.74 acres of RA to Residential Performance (RP) zoning. The property consists of two parcels to be rezoned to RP containing of 103.74 acres and is highlighted on the following generalized land use development plan. The Impact Analysis Statement for Danford Ridge is prepared as required by the Frederick County Board of Supervisor for rezoning approval of the property. The model projects a negative fiscal impact. The owners / developers have proffered an amount that will offset the projected negative fiscal amounts projected by the Frederick County model. There are residential units proposed as part of this rezoning request. The property will support approximately 250 homes. The property is planned with a central subdivision street that connects to Front Royal Pike (U.S. Route 522 South) helping implement the planned road network system. The property is planned with five neighborhoods of single family homes. The property is located primarily in the Opequon Magisterial District and has frontage on Front Royal Pike. The property proposed for RP rezoning is located adjacent to two planned communities of Wakeland Manor and Tasker Road land bays. The portion of the property proposed for RP zoning is located in the Urban Development Area (UDA) and within the Sewer and Water Service Area (SWSA). Community and County wide planning policies recognize this area as suitable for development. Proposed -_ Route 37 is not located on the Danford Ridge site but the long-term transportation network of the area has been considered and implemented as part of the project. The Danford Ridge Concept Plan reflects the best plan for connecting with the proposed Route 37. Analysis of environmental and physical characteristics of this property to be rezoned indicated that there is opportunity for development as envisioned for the residential uses. Environmental features that limit the development are identified and incorporated for design consideration. Public sewer and water service are available to the property. Natural gas and electric service are available to the property. The rezoning of the 103.74 acres of the Danford Ridge property fit within the guidelines of present planned policy for the area. In summary: oThe property is within the UDA and SWSA shown in the Frederick County Comprehensive Plan. •The property has all service utilities available including sewer and water. *Adjoining property has been zoned and Master Planned for similar residential uses. *The property is located along an important transportation corridor and helps implement a future transportation link with future Warrior Drive. eEnvironmental limitations are identified allowing for the residential development as envisioned. •Fiscal impacts are recognized and proffers are volunteered with offsetting amounts. SOUTHEASTERN FREDERICK COUNTY DEVELOPMENT AREA X" lnfl*2 40,44, .A- RA ZONE RA to RP .01 Clifford & asacclatea, Ina. &ohms - laid pl. . earvayam PIO Ve"p- cTiffid. ORAPMG W.= tail 1.2 September , 1998 Impact Analysis Introduction The property requested for rezoning consists of 103.74 acres in two tracts. This request is to rezone the entire 103.74 acres from Rural Area (RA) to Residential Performance (RP). The project will consist of single family homes in a suburban setting and the property is evaluated in light of the proposed single family proposal. The project herein called "Danford Ridge" and is located on the west side of U.S. Route 522 at the crossing of Lick Run in southeast Frederick County and is currently zoned RA. (Pin 76-A-22) 36.81 acres and (Pin 76-A-23) 66.93 acres. The property is located in the Frederick County Comprehensive Plan designed Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Planning Analysis The requested rezoning is in conformance with the comprehensive plan through its UDA designation. The property has frontage on U.S. Route 522 front Royal Pike), where planned intersecting streets will provide access. Public sewer and water service is to be provided by the Frederick County Sanitation Authority. An initial planning analysis of the property with zoning and development constraints indicates that approximately 250 single family homes can be supported using urban design standards. Site Suitability / Soils The property to be rezoned has development limiting factors of steep slopes along the north and south boundaries. Lick Run traverses the south portion of the site from west to east including an accompanying flood plain. The property has no other site specific development limiting factors. The property appears well suited for all categories of uses in development based on site evaluations of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Development impacts are slight on adjacent properties. The primary impact concern on adjoining properties is the change of use from open, rural land to a suburban home setting. Site Suitability — The property appears will suited for RP single family home uses and conforms with suburban land -use trends in the area. 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 42 and 48. Prime Agricultural Soils — The property does not contain prime agricultural soils as identified by the Frederick County Comprehensive Plan and Soil Survey. Slopes — About 30% of the site includes steep slopes in excess of 25% which are planned for open space. The steep slopes are concentrated in the southern X1 `, SE�a r £t .. � r}i,* �+" t�P �. a «., y. , { •�rsr;�. y� � � 'sdr 5 ,•S*x ,r,a r}. '. : rfi x M r M. s .. .� � ( 4 .•-w rza�t+.-:' �'�, s psi At H fi ..� rte. � �� r} ��Y'rI ✓•y +f '� }3 � ��1+5 4 t t r �� `'F �r �. w f' �lj -c-C vi✓' c - �er� -'x$ ���xc"as„�•; r1 �' s =3 a'< iaf, 'kw r �tnn=n.,..�..._.,. MCA t 1' c i •.r� }� � + `t y. '�^� �". ;'�' a? �V `��' �t.1� 3` .i4}�t.•.uy'�`ts � >r h r'%� S�aa *, „+u,4Y;'k9.4 �c. ,i{zi ;: 4Si Yf'�'S4 �`t� f� c YY t .t `'fii+ _ ',•'. �: i• '�1 f iiR�t � � i. s� .,"^ !r.. s<e nek..r „ .0 • s <?�^e'n r .., +N " r ' .a .�� s .sr,:j. 9 a �.�•� z e.'.• �+. � s ;,.k-..:e.r.. -,�a::. �•r £ .,�is�ao, i k'i.� z.� �`' 4? 3 ' ^s -:`s i.,, r..str r :�' 3?..:, -��,>t t +t ,,::" .. 'rY .,.7r. ,.f Y ' l�:X.j ._f'�., Sp:(•5„avas.,.y.. -1< r.�, v -.inh.. 'r�.., � As� -.:a r is ::r.. � 5 r 35 - t he'd' 'ag � L S ,a y,...,•. J. t{.�,ii f 1„..,�'7� S ,��',{� , k. ��%�i<}H ss ,r1,,i .c .ta .c -` :�' , �j;�..� � t z:.. ^ik', _ � 4�� �.; �.r:.'�`i .tr .e, r�. £{_-`tfi ^<A v{,.. i{s -„t. ,,ii,` 5,�,.,7+ +�5�`.kr' aSy}.,a'i�,.'r �r'3.`�".: '4 �.•`�4x. „$n'��kS ��r .. v- tx' ..` .: 1. .�_”. ,: .., . - :. - ...: f ' r a t. 'sFi` - : Uz i'yt...,,3-''•{. _ k'' -'£ .�.��k: 1�� ,rs .,� %r��¢_. .: .,. ... .,.: t-�-a�,S,:. ,,i+y,a•�e v ����i.�,',x,.,,- � >; � is. .s,�`'�' tb4� - -�zfitu�f�°�sri [�. $ a ,�,, :. .. ,.-�e&.zns� .,�t,�t"�, .{ ��i,�iz.��v ;i, ktv}f1�v t a�'�`,i�r'+�''�3fi 'tt,,�g.or ";�„sy• �� � .y�' � -' ..4 _.:'�>,. c�'Y.: ,� r�) ,�..::,, ,... Ir .. ... .. .. ,. . _-�o-.:pxrss,.,-_��.��;�'°Sr��t�',�5,•;r`;�t.ri���`ua•��ti<_'I'mf.�4�+�.����r�t�u.SiZ�Ear .�''�:;�t"k� _ ._.. _.s��.>�+�.'r�... K v 1 thl K quadrant of the site with two areas of steep slopes adjacent to drainage channels along the north boundary. Wetlands — There are wetlands identified along Lick Run_ These will be left in their natural state except at a point where the entrance road crosses Lick Run. Ponds and Lakes — There are no ponds or lakes on this property. Flood Plain — There are flood plain area identified on the property by the National flood Insurance Program Rate Map Number 510063-0200-B for Frederick County. Traffic The property will generate 2,500 trips per day of traffic at build out. The "by right" density allowance is 20 lots producing 200 trips per day. The net increase is then 2,300 new trips per day to the highway system. A new connection will be created to U.S. Route 522, a bridge structure built across Lick Run and a road built across the site from east to west. The new road will terminate at an intersection with a proposed extension of Parkins NO Road as shown. Inter -parcel connections are to be planned in conformance with the County "Eastern Road Plan." Construction of the roadways in accord with VDOT regulations and suitable improvements to U.S. Route 522 at the proposed intersection will provide for good transportation service to this site. Sewage Conveyance and Treatment Anticipated sewage flow from this project is 50,000 gpd using the service area average of 6,000 gallons per month for single family homes. A system of 8" gravity sewers will be constructed terminating at the existing Lakeside interceptor located on the site. It is anticipated that the entire site can be served by gravity sewer service. Wastewater: generated by this project will be treated at the FWSA "Parkins Mill" facility located about 2,000' to the east. Water Supply FCSA 12" water transmission line exists along the property frontage with U.S. Route 522. By tapping this main and distributing water through a pipe network within the site adequate service is delivered. Water mains will be extended to property lines at planned locations to facilitate extension of the grid in the even of development of adjacent properties. Water demand is anticipated to be 50,000 gpd. The property is within the County UDA and SWSA Drainage The site will predominately drain to the south confluencing with Lick Run which flows east. Some storm water flows north to the Opequon. It is planned to carry all increased storm flow to Lick Run mitigating any effects on the adjacent lands to the north. A storm water management pond centrally located along Lick Run would be installed to mitigate effects of increased storm water. A second pond may be necessary along the entrance roadway. Solid Waste The total amount of solid waste projected to be generated from the proposed subdivision is based upon the assumption that full build -out is 250 single family units. At 5 pounds per capita per day and 3.5 persons per units each single family unit produces 17.5 pounds per day or 6,387.5 pounds per year. This equates to 798 tons per year. Historic Sites There are no known historic sites on this property. Rural Survey site #34 — 143, "Frederick Hall" is located north of this property. Environment There are no known major environmental impacts as associated with the rezoning of this property. There will be certain minor negative impacts due to the construction activity including runoff sediment, noise, and constructed related traffic and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. Fiscal Impact The fiscal impact of the Danford Ridge rezoning are measured for capital costs that relate to the improvements necessary for the County to increase the capacity of public facilities. The amount of the impact for any rezoning and subsequent land development such as Danford Ridge depends upon location and land uses. Using the rezoning impact model provided by the Frederick County Department of Planning and Development, the total capital cost of requiring new facilities generated by the Danford Ridge rezoning is considered for each local governmental department for it's respective service area. In this case these departmental area include: *Schools *Parks •Fire and Rescue As evidenced by the model forecast, the capital cost is for new capital costs calculated for Schools, Parks and Recreation, and Fire and Rescue. The amount for schools is $871,072. The amount for Parks and Recreation is $147,767 New capital costs for Fire and Rescue not covered by Frederick County contributions is modeled at $3,152.90 for 265 dwelling units. Danford Ridge, when rezoned and developed, warrants a credit of $126,736 based upon its overall net fiscal impact due to taxes that will be paid by the project in future years. Danford Ridge generates a net negative impact in accord with Frederick County Impact Model Report for this rezoning proposal of $1,021,991.90. Future credits that go toward funding existing debt service are determined by the model and applies to School, Fire and Rescue, and Parks and Recreation departments only. The rezoning impact model for Frederick County does not calculate positive fiscal impacts associated with non-residential land uses. Instead, only impacts associated with residential uses are actually shown. In the case of non-residential a zero ($0) value impacts amount or value is shown due to large amounts of fiscal impact associated with such commercial or office (non-residential) land uses. The Frederick County impact model shows that there is a net impact of $1,021,991.90 or $4,087.97 per unit for the Danford Ridge rezoning. The model impacts reflect a change of RA to RP for the purpose of calculating impacts. Impact Model Report The following impact model report was generated on 11/03/1998 assuming 250 single family homes on 103.74 acres from RA zoning to RP zoning. OUTPUT MODULE Net Credit for Fiscal Taxes to Capital Impact Capital Net Costs Cred Costs Impact Fire Department $484 $4,960 $0 Rescue Department $860 Elementary Schools $397,862 Middle Schools $104,815 $114,944 $871,072 High Schools $483,338 Parks and Recreation $154.600 $6.833 $147.767 TOTAL $1,141,959 $0 $126,736 $1,015,223 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions NOTES: Model Run Date 11/4/98 EAW P.I.N. 76-A-22 & 23 Rezoning: Assumes 250 SFD on 103.74 acres zoned RP. $3,152.90 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. Impact Model Report Summary Ap-ency Net Impact Units Per Unit Impact Frederick Co. Schools $ 871,072.00 — 250 SFD = $3,484.29 Frederick Co. Parks & Rec. $ 147,767.00 — 250 SFD = $ 591.06 Frederick Co. Fire & Rescue $ 3,152.90 — 250 SFD = 12.61 $1,021,991.90 $4,087.97 P/C REVIEW: 12-02-98 BOS REVIEW: 01-13-99 MASTER DEVELOPMENT PLAN #005-98 DAWSON INDUSTRIAL PARK LOCATION: This property is located at the northeast quadrant of the intersection of Shady Elm Road (Route 65 1) and Route 37. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63 -A -59A PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) District Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: (North): Zoned: RA, Rural Areas Use: Vacant (South): Zoned: M1, Light Industrial Use: Industrial (General Electric) (East): Zoned: M1, Light Industrial Use: Vacant (Future Coca-Cola) (West): Zoned: M1, Light Industrial Use: Institutional (Tri -Co. OIC) -_ PROPOSED USE: Industrial and Office Park 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, 6th Edition for review. VDOT reserves the right to comment on all right-of-way needs, including r/w dedications, traffic signalization, and off-site roadway improvements & drainage. Prior to construction on the Mates right -oft -way, the developerwill' need to apply to this office for issuance of appropriate permits to cover said work. We note your addressing the need for dedication of additional r/w along the proposed WATS corridor for Route 651 (Shady Elm Road). Consideration should also be given to the impact on the Dawson Industrial Park Dawson Industrial Park MDP #005-98 Page 2 November 17, 1998 which may be caused by any proposed interchange between Route 37 and Route 651. The scope and configuration of any interchange could surely have a major impact on the Dawson property. Sanitation Authority: No comment on line locations. Water and sewer projects are under construction or being designed to bring service to this location. Inspections Dept.: No comment required at this time. Shall comment at the time of site plan review. Fire Marshal: Plan approval recommended. Parks & Recreation: No continent. County Engineer: Our comments were addressed in the site plan review process. We offer no comments for the subject master plan. Therefore, we recommend approval ofthe subject master plan. Planning Department: Site History: The original Zoning Map for Frederick County (U.S.G.S. Winchester Quadrangle) depicts this site as being zoned M1, (Light Industrial) District. The original -map was established following the adoption of the original Zoning Ordinance for Frederick County on March 13, 1967. Project Scope: The applicant proposes to develop the 26.4493 -acre Dawson Industrial Park for light industrial and office use. There is no phase plan proposed for this site, although a site plan has been submitted for the development of 2.828 acres of this park. This portion of the park is proposed to be developed as an office building for the American Woodmark Corporation. A 0.0278 -acre site is proposed to be subdivided at the intersection of Shady Elm Road and the Dawson Industrial Park road to accommodate a FCSA submersible lift station. A single road system is proposed which provides access to the Bradburn Ltd. Partnership tract to the north. A significant portion of the Bradburn Ltd. Partnership tract is located in the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA); therefore, this connection is desirable for future development. Dawson Industrial Park MDP #005-98 Page 3 November 17, 1998 Issues: 1) Transportation The Winchester Area Transportation Study (WATS) calls for the widening of Shady Elm Road (Route 65 1) to a four -lane urban divided road system. The VDOT comments note that the applicant has proposed to address the right-of-way needs for this improvement; however, this issue is not clearly depicted on the master development plan. The final master development plan should identify the location and acreage of this right-of-way and provide a notation or narrative regarding the dedication of the land for this purpose. STAFF CONCLUSIONS FOR 12/02/98 PLANNING COMMISSION MEETING: The preliminary master development plan is consistent with the requirements of the Zoning Ordinance and the overall design is acceptable to the various review agencies. The applicant will need to address the issue associated with future improvements to Shady Elm Road as described by VDOT and staff. It would be appropriate for the Planning Commission to make this part of their recommendation, as well as other issues or concerns that are realized during the public meeting process. 0:\Agendas\COMMENIS1Dawsonlndustria[ParkMDP MDP #005-98 PIN: 63—A -59A Dawson Industrial Park Produced by Frederick County Planning and Development, 10-15-98 Frederick County, 'Virginia Master Development Plan Application Package 1. 4 APPLICATION MASTER DEVELOPMENT PLAN Project Title : Owner's Name: 3. Applicant Address: Phone Number: 4. Design Company: Address: Phone Number: Contact Name: (Please list the riAes of ad owners or parties in interest) -5�25 Page 11 ! -.� � f�•71`'Zv ,vim �i� Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: 6. Total Acreage: 24 . 17VY3 7. Property Information: a) Property Identification Number (PIN): 4o3 -.4- 54'.4 b) Current Zoning: /,# C) Present Use: � ymz d) Proposed Uses: 4 e) Adjoining Property Information: Property Identification Numbers Prop e Uses / North South East West fl Magisterial District: 8. Is this an original or amen ed Master Development Plan? Original Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership.,All required material will be complete prior to the submission of my master development plan application. Signature: Date: Page 12 gilbert w. Clifford & associates, enc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality Dawson Investments Adjoining Property Owners Tax May # Address 63—((A))-5 General Electric Company P.O. Box 60340 Fort Myers, FL 33906 63 -((A)) -57B Commonwealth of Virginia P.O. Box 67 Richmond, VA 23076\5 63-((A))-58 Landon B. Whitacre Et Als 780 Redland Road Whitacre, VA 22624 63-((A))-59 Landon B. Whitacre Et Als 780 Redland Road Whitacre, VA 22624 63 -((A)) -59A C. Bruce Dawson 110A Industrial Drive Winchester, VA 22602 63 -((A)) -59D Tri -County OIC 3751 Shady Elm Road Winchester, VA 22601 200 North Cameron Street, Winchester, Virginia 22601 IM (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council 63 -((A)) -59E Potomac Edison Co. 10435 Downsvilie Pike Hagerstown, MD 21740 63-((A))-61 General Electric Company f ' ' P.O. Box 60340 Y Fort Myers, FL 33906 63 -((A)) -80I Blackburn Limited Partnership 110 Hawthorne Drive Winchester, VA 22601 200 North Cameron Street, Winchester, Virginia 22601 IM (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council P/C REVIEW: 12-02-98 BOS REVIEW: 1-13-99 MASTER DEVELOPMENT PLAN #006-98 WILLOW BRANCH LOCATION: This property is located on the west side of Merriman's Lane (Route 621) at Winchester and Western Railroad crossing and east of Route 37, approximately 1,100' south of Breckenridge Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 53-A-88 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: (North): Zoned: RP, Residential Performance Use: Residential (Merriman's Estates) (South): Zoned: RA, Rural Areas Use: Vacant (East): Zoned: RA, Rural Areas Use: Residential; Vacant (West): Zoned: RA, Rural Areas Use: Agricultural; -Residential_ PROPOSED USE: Single Family Detached Residential REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter from Barry J. Sweitzer dated October 6, 1998 Sanitation Authority: This project will be served by the City of Winchester. Inspections Dept.; No comment required at this time. Shah comment at the time or subdivision review. Willow Branch MDP #006-98 Page 2 November 17, 1998 Fire Marshal: Plan approval recommended. Parks & Recreation: Plan appears to meet open space requirements. County Engineer: See letterfrom ,Toe G 911der, Engineering Technician, dated October 2, 1998. City of Winchester: No comments. Planning Department: Proiect HistQg: The 26.895 -acre tract was severed from the 109.61 -acre parent tract during the construction of Route 37 West. The 26.895 -acre tract was incorporated into the County's Urban Development Area (UDA) during the update of the 1995 Comprehensive Policy Plan. This action occurred at the Planning Commission level on January 4, 1995 and at the Board of Supervisors level on January 25, 1995. The Board of Supervisors approved Rezoning Application #005-97 on February 11, 1998 which modified the zoning classification of this tract from RA (Rural Areas) District to RP (Residential Performance) District. Project Scope: The applicant has proposed to develop the 26.895 -acre tract for 51 single-family detached- urban residential dwellings on 12,000 square foot minimum lots. This creates on overall gross density of 1.9 units per acre which is well below the density permitted by the Zoning Ordinance. The applicant has proposed to develop this site within two phases. The second phase cannot receive approved plats for the nine building lots until 50% of the building lots within the first phase have received building permits. The entire development is proposed to contain curb and gutter streets, sidewalks along both sides of the streets, and streetlights at all intersections. Issues: 1) Lot Access The design for this development will allow for individual lot access on Merriman's Lane in both phases. Merriman's Lane is not identified as an arterial or major collector road; therefore, access is not restricted by ordinance. However, it would be Willow Branch MDP #006-98 Page 3 November 17, 1998 desirable to have all lots access this development via Remington Drive or O'Keefe Lane as the 46 mph speed limit and geometrics of Merriman's Lane are not suited for typical higher -density residential lot access. At a minimum, Whistler Court could be extended to provide access to lots that will front on Merriman's Lane based on the current design. 2) Road Efficiency Buffer A road efficiency buffer is required within residential properties which adjoin arterial or major collector roads. The master development plan needs to provide a road efficiency buffer along Route 37 which includes a location, distance, and typical section for this improvement. 3) Flood Plain Area Within Platted Lots The applicant has proposed to incorporate areas offlood plain within building lots on the north side of O'Keefe Lane. A consumer notification statement needs to be provided at the platting stage for these lots which clearly depicts the flood plain area and states that no building activity is permitted to occur within that portion of the building lot. 4) Stormwater Management The County Engineer has stated that stormwater management will be required on this - site. The location of this feature needs to be provided to ensure that there is not a conflict with the proposed lot limits location. STAFF CONCLUSIONS FOR 12/2/98 PLANNING COMMSSION MEETING: The preliminary master development plan complies with the minimum lot design standards required by the county's Zoning Ordinance and Subdivision Ordinance. The applicant will need to address the site design issues regarding road efficiency buffers, flood plain areas within building lots, and stormwater management. Staff believes that minor design modifications could be incorporated which would eliminate lot access on Merriman's Lane. The applicant should be prepared to address these issues, as well as other issues or concerns that are realized during the public meeting process to the satisfaction of the Planning Commission. rte. Cu"I' V Yd V JLOi V V V JL AL H of VIRGI1 7 � �..j�L ' •�r �lor/ DEPARTMENT OF TRANSPORTATION ✓ a' i'�y DAVID R. GEHR EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG. VA 22824-0278 FAX(W)984-5507 October 6, 1998 Mr. Stephen M. Gyurisin C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Steve: Ref: Merriman's Chase Master Development Plan Route 621 (Merriman's Lane) Frederick County We have no objection to the referenced project's 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, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to 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. In regard to the traffic flow data, the current year (1993) data for Route VPD. When this volume is elevated to 1999 year it becomes 1,406 VPD. from proposed Merriman's Chase and this volume approaches Right-of-way to be provided for public use should be coincident with volume on any site plan for review. Should you have any questions, please feel free to call. BJS/rf Enclosure xc: Mr. Dave Heironimus Mr. Kris Tierney Sincerely, %l Barry J. Sweitze Trans. Roadway Engineer For: Steven A. Melnikoff I ransportation Engineer WE KEEP VIRGINIA MOVING 621 is 1,177 Add 510 VPD 2,000 VPD. this projected. October 2, 1998 Mr. Stephen M. Gyurism Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Merriman's Chase Master Development Plan Comments Frederick County, Virginia Dear Steve: COUNTY of FREDERICK Departmnent of Public Works 540/665-5643 FAX: 540/673-0632 Upon review of the subject master development plan, we offer the following comments: 1. Currently, there is a severe flooding problem within this area. Especially the sections adjacent to the railroad tracks and at the twin culverts located under Route 621. Therefore, at the time of subdivision plan submission, a comprehensive drainage study will be required for this development and its impact on the Abrams Creek flood plain. It will be necessary to include the impact on the stream as well as the 100 year flood plain from Route 37 through the White's property and their pond downstream. In addition, include the impacts on the railroad tracks and adjacent property owners to the north. If it is determined that drainage problems currently exist or the proposed project will create impacts, upgrades will be required under Route 621 as well as the associated upstream and downstream channels. 2. It will be necessary to provide stormwater management for this project. 3. Due to the impact on Abrams Creek, it will be necessary to submit a comprehensive erosion and sediment control plan that addresses site specific conditions at the time of the subdivision plan submission. 4. A land disturbance permit will be issued when the following items have been addressed: a. Approval of the subdivision plan from the Public Works Department, Virginia Department of Transportation and the 107 1 North Kenn Street - _Vinchester, V rginin 22601-5000 Merriman's Chase Page 2 October 2, 1998 Frederick County Sanitation Authority. b. If any channel, road or downstream improvements are required, it will be necessary to complete these items prior to commencing any onsite work. C. If impacts to the Winchester and Western Railroad tracks are anticipated, it will be necessary to perform these improvements prior to commencing any site work. Prior to the subdivision plan submission, we recommend that you schedule a meeting with our department to discuss stormwater issues. If you have any questions, do not hesitate to contact me. Sincerely, Joe C. Wilder Engineering Technician Department of Public Works JCW/kch cc: Eric Lawrence, Zoning Administrator file 13 MDP #006-98 PIN: 53-A-88 Willow Branch Produced by Frederick County Planning and Development, 11-12-98 Frederick Countv, Virginia Master Development Plan Application Package 1. 4 3. 4. APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received -2r .Y" Application # Complete. Date of acceptance. Incomplete. Date of return. Project Title : Willow Branch Owner's Name: Shiho, Inc. P.O. Box 3276 Winchester, VA 22601 (Please list the names of all owners or parties in interest) Applicant: G.W. Clifford & Associates, Inc. Address: c/o Stephen M. Gyurisin 200 N. Cameron St., Winchester, VA 22601 Phone Number: (540) 667-2139 Design Company: G.W. Clifford & Associates, Inc. Address: 200 N. Cameron St Winchester. VA 22601 Phone Number: (540) 667-2139 Contact Name: Stephen M. Gyurisin Page 11 _� ,. Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN J. Location of Property: west side of Va. sec. Rte. 621, Merriman's Lane at W&W Railroad along Rte. 37. 6. Total Acreage: 26.895 7. Property Information: a) Property Identification Number (PIN): b) Current Zoning: C) Present Use: d) Proposed Uses: e) Adjoining Property Information: t) Magisterial District: 8. Is this an original or amended Master Development Plan? Original x Amended _ 53-A-88 RP vacant single family houses Property Uses residential vacant AG limited access Rt. BAck Creek I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. /vuIr. Signature: Stephen M. Gyurisin F!y Date: September 25, 1998 s x _ > ..j ti ✓ Page 12 ; `' Property Identification Numbers North South 53-A-92 East 53-A-92 West Route 37 t) Magisterial District: 8. Is this an original or amended Master Development Plan? Original x Amended _ 53-A-88 RP vacant single family houses Property Uses residential vacant AG limited access Rt. BAck Creek I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. /vuIr. Signature: Stephen M. Gyurisin F!y Date: September 25, 1998 s x _ > ..j ti ✓ Page 12 ; `' Frederick County, V11`211112 Master Develo ment Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. NAME Name W I \\ OW �-cGVe R id h 4,1 coar,,�r �a>n�erie.� vG�er ie.� �n�e�1e5e i�. Brerrh'�! � W . 4 Joyce �. Fo%s s �. Kracen s . 'B()Lusac rn ADDRESS / _PROPERTY NUMBER /I Address . L�lit1S1•, \A1.i k TIV/ Property* ZZ 53-A-92 t00� 53 -A -92B 53 -A -89A lak-kv 1110'r ' "-t 53-A-89, ICA pwbriA 53C-((2))-7 D 53C- ((2)) -8 110 Cernv 53C-((2))-9 Pace 18 Frederick Countv, Virginia Master Development Plan Application Package Name Address . `+`U� v _ • �J `��Z� V� Property tt 53C-((2))-16 2Zc;o) Pate 19