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Home My WebLink About08-05 ApplicationPounded hi 1971 September 1, 2005 Dear Mike: Sincerely, File d 229113/EA W GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Withdrawal of Rezoning Application #08 -05 of Canter Estates Section V The purpose of this letter is to formally request the withdrawal of the referenced rezoning application submitted on behalf Jasbo, Inc. As you know, Frederick County has advised Greenway Engineering that specific agreed upon conditions will satisfy the requirements of the current proffer statement associated with this project. These requirements are identified in your letter to Greenway Engineering dated August 8, 2005. On behalf of the applicant, I am advising you of our desire to withdraw pending rezoning application #08 -05 and would request a reimbursement of the application fee associated with this project. You may have this reimbursement for Jasbo, Inc., forwarded to Greenway Engineering to my attention and I will ensure that it is provided to the property owner. Once again I would like to thank you for your efforts and assistance regarding this matter. Please do not hesitate to contact me if you have any questions regarding the information in this letter. Evan Wyatt, AICP Greenway Engineering Cc: Beverley B. Shoemaker, President Jasbo, Inc. Mike Byran, P.L.C. Engineers Surveyors "telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com r 1' rounded in 1971 1 Copied GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T AL Project Name: Rezoning Application #08 -05 of Canter Estates Section V File No: 2291B Date September 2, 2005 To: FC Planning Attn: Mike Ruddy From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Urgent For Your Review As You Requested I Please Comment Message: Hi Mike, Please find attached a letter requesting withdrawal of RZ 408 -05 as we discussed this morning. Please advise me if you need any additional informaion regarding this matter and I will forward it to you immediately. Thank you! Evan It' I SEP 2 2005 Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com August 8, 2005 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Re: Canter Estates Section V Proffered Condition Improvements RZ#11 -02. Dear Evan: The transportation and emergency access improvements identified in your letter dated July 18, 2005 are satisfactory to the County and, upon completion, would fulfill the responsibilities of the property owner, JASBO, Inc., as they pertain to the transportation and access elements of the proffered conditions for the Canter Estates Section V Rezoning Application (RZ11 -02). The letter is attached to this correspondence. The transportation safety improvements offered will provide enhanced public safety and are consistent with the proffers accepted with Rezoning RZ11 -02. As outlined in your letter, JASBO Inc. agrees to the following: To the execution of a signalization agreement VDOT to fully fund the installation of a new traffic signal at the intersection of Front Royal Pike (Route 522 South) and Clydesdale Drive, which will be installed by VDOT once VDOT advises Frederick County that signalization warrants have been met at this intersection. To fully fund the installation of traffic signal advance warning signs on Front Royal Pike at appropriate locations as determined by VDOT, which will be installed by VDOT once VDOT advises Frederick County that signalization warrants have been met at this intersection. To construct a gated emergency access drive between Front Royal Pike and Brabant Drive to specifications that are acceptable to the Frederick County Director of Fire and Rescue. To execute said signalization agreement with VDOT and construct said gated emergency access drive between Front Royal Pike and Brabant Drive prior to the approval of the subdivision plats for Canter Estates Section V Phase 2 by Frederick County. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Mr. Evan Wyatt, AICP Re: Canter Estates Section V August 8, 2005 Page 2 Please ensure that the various development plans for the Canter Estates Section V project reflect the agreed upon modifications. The County appreciates the opportunity that has been provided to enhance the safety of the traveling public in the vicinity of this project. Please feel free to contact me if you have any questions regarding this confirmation letter. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad cc: Mr. Gene Fisher, Shawnee District Supervisor Mr. John Riley, Jr.. County Administrator Mr. Mark Cheran, Zoning Administrator Mr. Jerry Copp, VDOT Resident Engineer This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 06/01/05 Board of Supervisors: 06/22/05 REZONING APPLICATION #08 -05 CANTER ESTATES, SECTION V Staff Report for the Planning Commission Meeting Prepared: May 18, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director Action Pending Pending PROPOSAL: To revise proffers associated with Rezoning Application RZ11 -02, Danford Ridge /Canter Estates Section V, which rezoned 103.74 acres to RP (Residential Performance) District with proffers. LOCATION: The properties are located on the west side of Front Royal Pike (Route 522) adjacent to Canter Estates Section 11I. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76 -A -22, 76 -A -23, and 76B- ((1)) -5 -312 through 76B- ((1)) -5 -385 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant (under development for residential use) ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) RP (Residential Performance) RA (Rural Areas) RA (Rural Areas) Use: Use: Use: Use: PROPOSED USES: 250 Single Family Homes (Previously approved) Residential /Agricultural Residential Residential Vacant REZ #08 -05, Canter Estates Section V Page 2 May 18, 2005 REVIEW EVALUATIONS: Virginia Department of Transportation: The Generalized Development Plan for this property appears to have a measurable impact on Front Royal Pike, Route 522; and Clydesdale Drive, Route 1 507. These routes are the VDOT roadways which have been considered as the current access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Canter Estates Section V rezoning application dated April 22, 2005 address transportation concerns associated with this request. As discussed, however, we would respectfully request that Proffer Statement #5 include the option of providing the funds directly to Frederick County should Revenue Sharing Funds become available. We appreciate the cooperation of the applicant in resolving potential safety concerns along the Route 522 Corridor in the revised Generalized Development Plan. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip General Manual, Seventh 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. Planning Zoning: Site History: In 1998, the County considered rezoning application #019 -98, a request to rezone the subject properties from RA (Rural Areas) to RP (Residential Performance). This application contained various proffered conditions, such as: Y Monetary contributions totaling $4,087.97 per lot. Generalized Development Plan illustrating road access which included a connection to Route 522 (with a median cross over), provisions for future Warrior Drive and Parkins Mill Road extended. Maximum of 250 single- family lots; no multi- family. Rezoning application #019 -98 was approved by the Board of Supervisors on January 27, 1999. In 2002, the applicant submitted a request to revise the Proffered Conditions associated with the above rezoning. This request, RZI 1 -02, was approved by the Board of Supervisors on November 13, 2002. More specifically, the applicant submitted rezoning application RZ I 1 -02 in an effort to revise the existing proffered conditions relating to the General Development Plan's transportation network. The proffer revisions reduced the project's entrance on Route 522 from a primary to a secondary entrance. This change eliminated the previously proffered improvements to Route 522 which established a median break/cross -over. The proposed entrance onto Route 522 was approved as a secondary entrance to the project and would be a right -in /right -out configuration. The primary access to this development was therefore endorsed as being through Canter Estates Section III to Clydesdale Drive and its intersection with Front Royal Pike (Route 522). Canter Estates. Section 11I, provides an REZ #08 -05, Canter Estates Section V Page 3 May 18, 2005 entrance on to Route 522 at an existing median break. All other proffers remained consistent with the original rezoning application. In May of 2005, Canter Estates Section V, Phase 1, was subdivided and the lots contained within this subdivision, parcels 76B- ((1)) -5 -312 through 76B- ((1)) -5 -385, were legally recorded in the Frederick County land records by the property owner. Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition, RZ08 -05, in an effort to further revise the existing proffered conditions relating to the Generalized Development Plan's transportation network. The proposed proffer revisions would eliminate the previously reduced entrance on Route 522 and would eliminate approximately 800 feet of proposed state road construction from Route 522 into the project. The Virginia Department of Transportation (VDOT) had previously discussed the elimination of this entrance with the applicant to address a potential safety concern regarding the proffered entrance along Route 522. In addition, the proffers provide that the applicant will enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Front Royal Pike (Route 522) and Clydesdale Drive. The applicant is proffering to be responsible for 50 percent of the cost of the traffic signalization at this intersection. Presently, nearly 100 percent of the traffic utilizing the existing median crossover at Clydesdale Drive and Route 522 is generated by the existing Canter Estates development. The original development is part of the non proffered Tasker Road Land Bays Master Development Plan. Signalization of this intersection was not previously accommodated and funding has not been identified at this time for the balance of the cost of signalization. However, the proffer has been written in such a way that the developer's contribution could be used by the County or State to leverage additional funds such as revenue sharing. Future development of properties to the west of Canter Estates Section V, which would include the partial development of Parkins Mill Road, would enable an additional connection and provide for enhanced distribution to and from the Canter Estates Section V development. The revised Proffer Statement also provides two additional modifications. Firstly, the applicant has endorsed a Master Development Plan commitment regarding the future dedication of the right -of -way for the future Parkins Mill Road at no cost to Frederick County. With the incorporation of this commitment into the Proffer Statement, the County is provided with an additional assurance that the right -of -way for this road including the interparcel connection to the adjacent Artrip property would be available at such time the County requests it. Secondly, the proffer has been modified to eliminate previous references to the depiction and reservation of Warrior Drive on the southwestern portion of this property. It has been determined that the alignment of Warrior Drive does not traverse the Canter Estates Section V property. Rather, the alignment of Warrior Drive goes directly from Wakeland Manor into the Artrip Property. REZ 1108 -05, Canter Estates Section V Page 4 May 18, 2005 The revised proffer's for the rezoning are summarized as follows: (Revised Proffer Statement Dated May 12, 2005) The Applicant has proffered a total payment in the amount of $4,087.97 per lot to offset the impact to Frederick County associated with this development. same The applicant has proffered a Generalized Development Plan that is intended to delineate the road systems that will serve the residential lots and the future location of Parkins Mill Road. modified 1. The applicant proffers that no more than 250 single family lots shall be developed on the 103.74 acres to be zoned RP District. No multi family units shall be constructed on this property. same 2. The applicant has provided that the development of the property shall provide for a street layout connecting with Brabant Drive in Canter Estates Section III, and for a connection to the future extension of Parkins Mill Road. same 3. The applicant will conduct a traffic impact study for development within the property and improvements to Front Royal Pike and the interior roads will be constructed by the applicant as determined by VDOT. same 4. The applicant proffers to maintain the steep slope and environmental areas that are located along the property line bordering the Opequon Creek to preserve the viewshed of the Frederick Hall historic structure same 5. The applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Front Royal Pike (Route 522) and Clydesdale Drive. The signalization agreement will provide that the applicant will be responsible for 50 of the cost for signalization at this intersection. The 50 cost may be provided to Frederick County and utilized as the local match for revenue sharing funds or other like funds if deemed appropriate by VDOT. new 6. The applicant has provided a proffer that provides for the dedication of right -of -way for the reserved future Parkins Mill Road at no cost to Frederick County. This right -of -way dedication will be provided at no cost to Frederick County within 90 days after receiving a written request from Frederick County. new (replaces Warrior Drive Proffer) STAFF CONCLUSIONS FOR 06/01/05 PLANNING COMMISSION MEETING: The subject properties are presently zoned RP and the proposed residential development of the property remains consistent with the original rezoning application in terms of density, housing type. and layout. The project maintains its consistency with the goals and policies of the Frederick County Comprehensive Plan. The revision to the transportation proffers address an identified concern of the Virginia Department of Transportation and provides partial funding for the signalization of Clydesdale Drive and Route 522. REZ #08 -05, Canter Estates Section V Page 5 May 18, 2005 Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. 75 A 101 WAKELAND MANOR LAND TRUST 76 A 23 JASBO, INC tt 75 A 1100 �'WAKELAND MANOR LAND TRUST i i 75 A 99A WINCHESTER ARTRIP, LLC F OE, 7 -'99 Map Features 8MpInkon maws N maws con bkesNOms N Dens e Besets Repining Walls O Buildings Road Centerlines O Tanks vv Ate Trails Agricultural Forestal Districts Double Church 0 Refuge Church south Frederica Rezoning 08 05 Canter Estates Sec 5 (76- A- 22,76 -A -23) 250 500 1,000 76 A 90A FREDERICK COUNTY SCHOOL BOARD C75 �A:�,00� WAKEEAND.MANOR LAND TRUST Map Features N Curets L Aaai¢ aeon N c me Lakes/Ponds Nat h•— Steams Retaining Wells Buildings Road Centerlines p ian Aenawoln Forestal olsmar O Double cnurtt Refuge church Shut Frederick Rezoning 08 05 Canter Estates Sec 5 (76 -A- 22,76 -A -23) WAKELAND MANOR LAND TRUST WAKELAND MANOR LAND EO 11 ofi (99Ap. WINCHES TER Map Features RTRIP A geleuldtcl Forestal Dlstices 0 Double Church Buildings Road Centerlines 0 Refuge church 0 ranks A I South Frederick 250 500 1,000 Rezoning 08 05 Canter Estates Sec 5 (76 -A- 22,76 -A- 23) SEE!AUDREY:M 1 11199A FR COUNT lad �t5s REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning.8 Fee Amount;Paid% .Zoning Amendment Number Date Receive PC Hearing Date 64 o$�`' BOSIHearing 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: Greenway Engineering Telephone: (540) 662 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Jasbo, Inc. (Beverley B. Shoemaker, President) Telephone: (540) 869 -1800 Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above Name: Evan Wyatt AICP Telephone: (540) 662 -4185 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to Property Impact Analysis Statement Verification of taxes paid Proffer Statement PARCEL ID NUMBER USE ZONING 75- ((A)) -99A Agricultural RA 75 -((A)) -100 101 Wakeland Manor RP 76- ((A)) -13 Agricultural RA 76- ((A)) -18 Residential RA 76- ((A)) -18A Residential RA 76- ((A)) -19 Residential RA 76- ((A)) -20 Residential RA 76- ((A)) -2 Residential RA 76B -2 -3 -196 thru 211 Canter Estates RP 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: Jasbo, Inc. (Beverley B. Shoemaker, President) 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Residential Residential 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject property is located on the west side of Front Royal Pike (Route 522) adjacent to Canter Estates Section III in the Shawnee Magisterial District. Acres Current Zoning Zoning Requested 103.74 RP RP Total Acreage to be rezoned Districts Number of Units Proposed Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Information to be Submitted for Caoital 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 76- ((A)) -22 76- ((A))-23 Magisterial: Shawnee High School: Millbrook Fire Service: Millwood Middle School: Admiral Byrd Rescue Service: Millwood Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: 250 Townhome: Multi- Family Non Residential Lots: Mobile Home: Hotel Rooms: 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 bet of my (our) knowledge. Applicant(s): Owner (s): Agitz I/tt°- Date: 4- 22 05 Canter Estates Section V Location Map Greenway Engineering April 2005 Special Limited Power of Attorney County of Frederick, Virginia aa u m Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 665 -6395 Know All Men By These Presents: That I (We) (Name) Jasbo Inc. (Beverly Shoemaker, President) (Phone) (540) 869 -1800 (Address) P.O. Box 480 Stephens Citv, VA 22655 the owncr(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 935 on Page 1531. and is described as Parcel: 76 Lot: 22 Block: A Section: V Subdivision: Canter Estates Parcel: 76 Lot: 23 Block: A Section: V Subdivision: Canter Estates do hereby make, constitute and appoint: (Name) Greenwav Engineering (Phone) (540) 662 -4185 (Address) 141 Windy Hill Lane. Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority 1 (we) would have if acting personally to file planning application for my (our) above described Property, including: Z Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) Nand and seal this 22- day of ill Signature(s) .4� I t iC4UlO 7z1JLt i tate of Virginia, City /County of Frederick, To -wit: (1 200 S pomp., a Publ i n and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this u day of April 200 6 com,e-nu&e, My Commission Expires: rchittriz4 aq 2008 Notary Public NE File #2291 B /EA W Rezoning Application Location Map Application Review Fee JASBO, INC. REZONING APPLICATION Shawnee Magisterial District Frederick County, Virginia TM 76- ((A)) -22 76- ((A)) -23 103.741 Acres Current Owner: Contact Person: Founded in 1971 Engineers Surveyors May 6, 2005 JASSBO, INC. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540- 662 -4185 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Telephone 540 -662 -4185 FAX 540- 722 -9528 www.greeowayeng.corn ,bUVI J 3 MAY '62005 FRE[;ERiCK COUNTY PLANNING DEVELOPMENT Pile #2291 B/EAW Special Limited Power of Attorney Agreement