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HomeMy WebLinkAbout07-06 ApplicationAugust 24, 2006 John C. Lewis Painter Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 FIIECOPY RE: REZONING #07 -06, SENSENY ROAD RENTALS, LLC Dear John: COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 23, 2006. The above referenced application was approved to rezone two acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for four single family homes. The subject property is located on Senseny Road (Route 657) approximately 350 feet west off Ashley Drive, and is identified with Property Identification Number 65 -A -46 in the Red Bud Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, efLe 7 Michael T. Ruddy Deputy Planning Director MTR/bhd Attachment cc: Senseny Road Rentals, LLC, 1833 Plaza Dr.. Winchester. VA 22601 Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory S. Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Planning Commission: Board of Supervisors: Planning Commission: Board of Supervisors: Reviewed June 21, 2006 July 26, 2006 August 16, 2006 August 23, 2006 MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65 -A -46 REZONING APPLICATION #07 -06 SENSENY ROAD RENTALS, LLC Staff Report for the Planning Commission Prepared: July 27, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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. Action Recommended Approval Recommended Approval Pending Correction of legal advertisement. Recommended Approval Pending This Rezoning Application was sent back to the Planning Commission in order to ensure that a correctly advertised Public Hearing is held at the Planning Commission, and subsequently at the Board of Supervisors. The legal advertisement for the June 21, 2006 and July 26, 2006 Public Hearings incorrectly identified the property as being located within the Shawnee Magisterial District rather than in the Red Bud District. The Planning Commission provided a new recommendation of approval following a second Public Hearing. The Board of Supervisors will reconsider this application at their August 23, 2006 meeting. Prior to sending the rezoning back to the Planning Commission, the Board of Supervisors had recommended approval of the rezoning request pending confirmation of the legal advertisement of the application. PROPOSAL: To rezone 2 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 4 single family homes LOCATION: Senseny Road (Route 657) approximately 350' west of Ashley Drive. Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 2 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RA (Rural Areas) West: RP (Residential Performance) PROPOSED USES: 4 Single Family Detached Residential Dwellings REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 657. This route is the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Carl Hales rezoning application dated March 15, 2006 (revision) address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the 1.T.E Trip Generation 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. Fire Marshal: Plan approval recommended. Use: Use: Use: Use: Residential Residential Residential Residential Greenwood Volunteer Fire Rescue: We disagree with impact model as to impact on fire rescue, but must approve. Department of Inspections: No Comment. Public Works Department: Refer to page 3, Drainage: The storm drainage analysis for the proposed 4 lot subdivision shall include an evaluation of the adequacy of the downstream culverts in the Senseny Glen Subdivision as well as the impacts of the storm flows from Dell Court. Refer to Page 3, Solid Waste Disposal Facilities: The discussion references the citizens' trash convenience facility at the Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 3 Greenwood Fire Hall as the closest site for trash disposal. Unfortunately, this site is currently overloaded and possibly slated for closure in the near future. Consequently, we are requesting that all new subdivisions provide curbside pickup in their homeowners' covenants. This issue is generally addressed in the proffer statement which was not including in your rezoning application. Frederick Winchester Service Authority: No Comment. Sanitation Authority: I have reviewed the rezoning proposal and agree with its statements on water and sewer. Frederick Winchester Health Department: No objection if public water and sewer is provided. CIS: No Comment. Department of Parks Recreation: The proposed monetary proffer appears to address the impact this development will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 4 single family homes will yield I high school student, 1 middle school student and 2 elementary school students for a total of 4 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only 4 new students upon build -out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. Winchester Regional Airport: The rezoning request was reviewed and it appears that the rezoning should not impact operations of the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces; therefore special requirements relative to airport operations will not be requested. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, according to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney. Fouu and content previously approved by County Attorney. Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 4 Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A -2 Agricultural. The County's A -1 and A -2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. Parcel 65 -A -46 maintains this RA zoning classification. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1 -1) Land Use The parcel comprising this rezoning application is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. Other elements of the Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are fully addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. Transportation The Frederick County Eastern Road Plan provides guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 5 Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short term designation for bicycle accommodations. Access to the site would be via a new street that would be in the form of a cul -de -sac. As located in the Generalized Development Plan for this project, the proposed cul -de -sac is located to provide access to the adjacent property to the east. 3) Site Suitability /Environment This site does not contain any areas of the following identifiable environmental features; wetlands, floodplain, steep slopes, and mature woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loam and Weikert-Berks Channery Silt Loani. The Frederick County Engineer will require a storm drainage analysis of the adjacent drainage area with the development of this property. There are no identified historic resources on, or in the immediate vicinity of, the site. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the four lot single family detached residential project will generate approximately 40 vehicle trips per day. Senseny Road, Route 657, is a two lane facility in this location. The existing Senseny Road right -of -way in this location is approximately 100 feet in width in front of this property. Transportation Program. The applicant will be constructing a new street to provide access to the four lot subdivision which will traverse the adjacent property to the east. The location of the access point onto Senseny Road is approximately three hundred feet from the closest road, Ashley Drive. The location of the proposed road would assist in reducing the number of future street entrances onto Senseny Road. The applicant's proffer statement includes a commitment making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right -of -way dedication. Anticipated frontage improvements include lane widening of Senseny Road to achieve the full section of Senseny Road across the frontage of this property and bicycle and pedestrian accommodations. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of $5,000.00 per residential lot to address transportation general Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 6 needs in the vicinity of this project. At the time of preparation of this rezoning application the applicant was aware of the approach of other projects in the vicinity of Senseny Road with regards to the establishment of a monetary fund to assist in the implementation of future area transportation improvements such as the widening of Senseny Road and the Spine Road. The County's acceptance of proffers in this manner prompted the applicant to proffer a similar commitment to area transportation improvements. In recognition of the limited scale of this rezoning request, this approach was initially believed to be more appropriate than physically constructing widening improvements in such close proximity to the interchange with Route 37 and the proposed Spine Road. The proffered frontage improvements in support of this development in combination with the monetary proffer would achieve the desired transportation enhancements in the immediate vicinity of this rezoning request. Very recent projects along Senseny Road have proposed the implementation of a 10 foot wide hiker /biker trail along the north side of Senseny Road. This approach should be a consistent consideration as projects are proposed along the Senseny Road corridor. This project has the ability to provide such an improvement as part of the frontage improvements. B. Sewer and Water The applicant's impact to the water and sewer infrastructure and capacities will be minimal due to the limited scope of the proffered development plan. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. As you are aware. recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriffs Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23.290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 7 For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. Capital facility Fire And Rescue General Government Public Safety Library Parks and Recreation School Construction Total Single Family $720 $320 $658 $267 $2,136 $19,189 $23,290 5) Proffer Statement Dated October 16, 2005 and revised on January 11, 2006, March 15, 2006 and April 19, 2006 The Applicant's Proffer Statement seeks to address specific commitments and the identified impacts associated with this rezoning request by providing for the following commitments: A commitment to the development of four single family detached residential dwellings. The provision of a generalized Development plan for the purpose of identifying the general configuration of the four single family detached lots and the location of the proposed subdivision street serving the residential lots. The commitment to making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right -of -way dedication. An off -site transportation mitigation proffer in the amount of $5,000.00 per residential lot to address transportation general needs in the vicinity of this project. A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. The creation of a Homeowners association for the purpose of managing common open space and providing curb -side pick up of solid waste. Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 8 STAFF CONCLUSIONS FOR 06/21/06 PLANNING COMMISSION MEETING: The Senseny Road Rentals rezoning application is generally consistent with the goals ofthe Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. The Planning Commission should pay particular attention the nature ofthe transportation mitigation proffer that has been proffered by the applicant. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/21/06 MEETING: There were no public comments. No issues or areas of concern were raised by Commission members. The Planning Commission unanimously recommended approval of the rezoning. (Note: Commissioners Watt and Thomas were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 07/26/06 MEETING: There were no public comments. No issues or areas of concern were raised by Board members specific to the requested rezoning. However, the Board did note that while the staff report identified the property as being within the Red Bud District, the Agenda page identified the property as being within the Shawnee District. The property is located in the Red Bud Magisterial District. The Board of Supervisors initially recommended approval of the rezoning application pending confirmation that the legal advertisement for this application was correct. Staff determined that the legal advertisement for this rezoning request incorrectly identified the property as being within the Shawnee District, rather than in the Red Bud District. It was deemed to be appropriate to reconsider this rezoning application at the Planning Commission and Board to ensure that a correctly advertised Public Hearing is held at the Planning Commission, and ultimately the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/16/06 MEETING: Several of the Planning Commissioners expressed transportation concerns in this area that related to having multiple individual roads with cul -de -sacs emptying onto Senseny Road. Although it was recognized that the surrounding properties would certainly develop, they thought it should be a consolidated effort that minimized entrances onto Senseny Road. Adjacent properties should be encouraged to coordinate access. There were no public comments. The Planning Commission voted to recommend approval of the rezoning with proffers by a majority vote, as follows: YES (TO REC. APPROVAL): Unger, Manuel, Morris, Kriz, Triplett, Kerr, Mobil, Wilmot NO: Light, Thomas, Ours (Note: Commissioners Oates and Watt were absent from the meeting.) 44 <1 e B f C 4 y+ 46 A 1940 S DOSSER, REMINGTON4 65 A 192 POE, ALVIN S. NANCY J. 65 A 55 OUINNELLY GROUP, LLD Streets Terciay Roads A Primary Roads Vdncnester City Roacs L] Secondary Roads Buildings Senseny Road Rentals, LLC (REZ07 -06) 65 -A -46 65e A 190 DANS, WILMER R DONNA N Freaenck County Dept of Planning Development 607 N Kent St Winchester. VA 22601 www.CO.FREDERICK VA US May17. 2006 Zoning a n.� O•o....,. o r a r...._.: Senseny Road Rentals, LLC :47, REZ 07 06 (65 -A -46) r aredentt Cnun:y Depl of alannmq DecEY:amem 107 N Ken' SI vdncnasler, VA 22301 VA. CO. FASD?RICNAW. us May 17 SODS t Frederibk•County S�1 Streets Ternary Roads Al Primary Roads N 1Mncbester City Roads Secondary Roads Senseny Road Rentals, LLC (REZ07 -06) 65 -A -46 Frederick County Dept 01 Planning a Development 107 P1 Kent St WlncM1estuL VA 22601 www.CO FREDERICK VAUS May 17,2006 To be completed by Planning Staff oning Amendment Number C Hearing Date a 6 Fee Amount Paid 3 Date Received 5 1/45" o6 BOS Hearing Date /j Io 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: l�/j,NTE2- Le.ms. ?LC j TpN1&e. I.co■ Address: IV, S. S-caimRr tT WiNf.k'r. c�Erc, VA. .126oi 2. Property Owner (if different than above) Name: t �'�r LL C_. Telephone: 4 40,64,2- 33so Mr arI 1-1ate5 Address: jgoo VAI.Lnv Avg. 4,,,-c e Name: iNc k -fr,7 vA. 226 3. Contact person if other than above 4. Checklist: Check the following items t Location map Plat Deed to property Verification of taxes paid REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 11 Telephone: Telephone: e -6G2- 5791 at have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement i/ MAR 1 7 2006 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: Senseny Road Renin15s L C Mr. I HO_ ieS 6. A) Current Use of the Property: A•AL rA,. 2,Fs ricl CPA Sae) B) Proposed Use of the Property: h Nei F n ,w 2irsiocrainL Itu l}; L a r) 7. Adjoining Property: PARCEL ID NUMBER a IS L tL 1 AS■LF RT. USE SINRI( FAhI IL Liens FAr+.L4 it.ES FArnL4 Q.e4 1)14l C c In t V 143 4:HAI-5 fie MIL' RCS ZONING TZA 1'4 RS' RP 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): oµ L u2T lr or RL.rrF- G5 Avast (Y.1 t'\ArcELV 350 Fgt `Y'Fs F I fin- 4LSEGT I ON \o -r 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 Magisterial: Fire Service: Rescue Service: Ei'arrNwt,,D /aS A- 46 High School: 1h,".SSRon Middle School: AnMt.t 12.c. 3vao Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres I Current Zoning Zoning Requested Z.oc VA 127 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: 4 Townhome: Multi Family: Non Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: 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. 1 (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. Applicant(s Owner(s): '<rasa LCc Date: cz cir v l� D ate: 14 Date: Date: i t 17/O L, Name and Property Identification Number Address Name Property Name VAMeS E✓vr4o!YVS "4.0• "en 3o��a1 Property Cns -A -45 Nl INGNEs'r;2, VA• 2a60Q Name MOLpGµ 2 EiYL F S rArc aon. 2400 Vaa.cV Asr. Property 6,5 F- 2Z 11 0 ViItytHeSTe'R, ✓A. 2240 Name IFQOw @l�'t• -P 'gATC� A. kE?MF_,z 2.i2 C vgz Ro. NC R, ✓A. 22“2. NC Vrtn, Property 4.cF ("2 1 I I t Name lUwucc A A. PRv NASA A. k1.NS F 210 C? AMY oN 1Zo, WINCHExFR, ✓A. 226 ,0 Property inzc 22_ 1iQ Name (�cta; oczA /4TanMY Mac. ES 10 'D .t- cr Wt NCR E TI /e, VA Zz6oz Property ��•F' 4 I Name '�NNI`� LoNC1E,2RF:Att C'nNSr• 324 2ussEct. 'K-p. 'gr' v 1 VA. 6I I Property 45 Cr 1 2, Name ALr_XAt`hE2 Apt-Ac5 ''nn �'11 171z• WINcHfor22, ✓A. ZZGoz Property 4,6 E 4 i_ 4 Name Property 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. 15 PORTION OF LAM OF MRS.:.; DE HAVEN 2,001 ACRES 'L 4 gLTAd Dpyi p :RICHAR5Ifldbfft BOCK 379 DBE 535 MAGNETICS 100 FEET 2 107.62' A. 92.39' 1 800.00' TO THE LAID N66 9 50'33 N W N68'16'08 or PATTON& ESKRIDGE ROAD ..NO. 657 he above tract of land, located on the North side of Road No.'. 657, about 33 miles Eastof Winchester, and situate in Shawnee'flagisteria District Frederick County, Virginia, is bounded as follows Beginning at (1)'.an' iron peg on•thit North side of 'Road No. 65 said :;point being 800.00 feet West. of tha West line of the land of Patton tic Eskridge, /thence with the North dde of Road No. 657 '66 deg. 16 min. 08 sec. ,:W 92.39 feet (A) thence N 66 deg. 50 min. 38 sec. .':W 107.62 feet to, (2) an iron pe tbonce with 3 `new' division lines'' through the land of Mrs. DeHaven 23 deg. 43 rain. 52 sec. "436.6a feet to (3) ,al iron; peg; thence 66 deg.' 16 min. 08 sec. )3 200.00 feet to (4) an iron; peg; thence 8 23, deg. 43 min. %52 sec. W 435.60 feet to the :point' of beginning cantaining,'.2.001 Acres more or less. Richard U. Goode June 8,' 1971. COUNTY, SCT. me .h Certified Surveyors niO an for l9' L 1 c< /y 1 I I `c s I 1 ti j Li i r s ti 'f 1 1 \/i -L L I r\ r 11 d i‘ I c, -_1 I) k ICC92 CANYON mss T_�_ 'k_I 1 !it_ 1 1 ti ri v F r 77 vv 1 v1r? ,v II V y1__3 f,> L_-i I L -J I\ I I I I E. ra f C,t> L i 1 1 1 l 11 li L4 -5'- 4 J 1 i I 1 I( 1h 0 r f J I I ri 4 1,1-6 77 II i C p I 1; It1 i J, (CcIN I \\j��l�. k y 1 1 I I F� 1 1 r c I I \4 r� /I 4 '7i +4�?6m7[;�Jlfa7li�.�rt mitzSQ,a.`!.'? OI�!>TitI),P,F;i 4r- 1 i,� t I Yg K }7Id"_ aF 1 1 I I �I �7 ----r-.- h I -J El i \1 V I i I l 0 0 I I SENSENY ROAD RENTALS I rC t- CJ LLC a PIN 65 -A -46 w? 1-- DEED: -02 -13145 i r -j ZONED: RA r L J t11- N. USE: SINGLE L I FAMILY 1 T`--/ RESIDENTIAL 1 .1" ACRES: 2.00 a• v 1� t0 G 1 1 „j 8 L j o Q} W z W �o r- z zQz W W D C -J I LA CD Z LLJ LLI L D 0 LL U L1 J 0 L1 J tY LL 0 Z I- W D w z 0 Z O Z w U SURVEY C.I.: FRED. CO. DRAWN BY: JOB NO.: CBS 0502018 SCALE: DATE: 1 200.0' 3/14/06 SHEET: 4 1 gym /04p' 0• Ri te 1 t ai fir♦ /b.� i► 1111011 nunnl'�mnn Jinni. n n' all if MOM ibAlb OM 'kW •I10 1 MILE RADIUS FROM CENTER OF SITE HISTORICAL PROPERTY KEY 108 VALLEY MILL FARM 396 HOUSE, ROUTE 659 397 ADAMS FARM 398 HAGGERTY HOUSE 423 BRAITHWAITE HOUSE 1133 FULLER CHAPMAN HOUSE 1134 CARPENTER HOUSE 1150 CARTER- LEE- DAMRON HOUSE 1151 FORD- BRAITHWAITE 1152 OUTBUILDINGS, RT. 657 1153 CARPER HOUSE 1154 TICK, HILL 1155 HOUSE, RT. 657 NOTE: INDICATES A POTENTIALLY SIGNIFICANT SITE AS DENOTED BY THE RURAL LANDMARKS SURVEY REPORT OF FREDERICK COUNTY 1200 0 Scale 1' 1200 ft 1200 0 e m� N O O) c�/� O) y ca N 1 'n a) o o N N N N .cO 6 t O p v).° D LO N L O 0 C N w 03 O E O p N N -c _c YY tl (0 L 0 0 r C I- o W I II U O Z IY W W Z Z O Z W U SURVEY NA C.I.: NONE DRAWN BY: JOB NO.: SEM 0502018 SCALE: DATE: 1" =1200' 09/28/05 SHEET: F" 9 Planning Commission: Board of Supervisors: Planning Commission: Board of Supervisors: Reviewed June 21, 2006 July 26, 2006 August 16, 2006 August 23, 2006 MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65 -A -46 REZONING APPLICATION #07 -06 SENSENY ROAD RENTALS, LLC Staff Report for the Planning Commission Prepared: July 27, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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. Action Recommended Approval Recommended Approval Pending Correction of legal advertisement. Pending Pending This Rezoning Application is being brought back to the Planning Commission in order to ensure that a correctly advertised Public Hearing is held at the Planning Commission, and ultimately the Board of Supervisors. The legal advertisement for the June 21, 2006 and July 26, 2006 Public Hearings incorrectly identified the property as being located within the Shawnee Magisterial District rather than in the Red Bud District. Upon a new recommendation from the Planning Commission, the Board of Supervisors will reconsider this application at their August 23, 2006 meeting. Prior to sending the rezoning back to the Planning Commission, the Board of Supervisors had recommended approval of the rezoning request pending confirmation of the legal advertisement of the application. It would be appropriate for the Planning Commission to reconsider this rezoning application and, after holding a new Public Hearing, forward a recommendation to the Board of Supervisors. PROPOSAL: To rezone 2 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 4 single family homes LOCATION: Senseny Road (Route 657) approximately 350' west of Ashley Drive. North: South: East: West: Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 2 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING PRESENT USE: REVIEW EVALUATIONS: RP (Residential Performance) RP (Residential Performance) RA (Rural Areas) RP (Residential Performance) PROPOSED USES: 4 Single Family Detached Residential Dwellings Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 657. This route is the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Carl Hales rezoning application dated March 15, 2006 (revision) address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual. 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. Fire Marshal: Plan approval recommended. Greenwood Volunteer Fire Rescue: We disagree with impact model as to impact on fire rescue, but must approve. Department of Inspections: No Comment. Use: Use: Use: Use: Residential Residential Residential Residential Public Works Department: Refer to page 3, Drainage: The storm drainage analysis for the proposed 4 lot subdivision shall include an evaluation of the adequacy of the downstream culverts in the Senseny Glen Subdivision as well as the impacts of the storm flows from Dell Court. Refer to Page 3, Solid Waste Disposal Facilities: The discussion references the citizens' trash convenience facility at the Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 3 Greenwood Fire Hall as the closest site for trash disposal. Unfortunately, this site is currently overloaded and possibly slated for closure in the near future. Consequently, we are requesting that all new subdivisions provide curbside pickup in their homeowners' covenants. This issue is generally addressed in the proffer statement which was not including in your rezoning application. Frederick Winchester Service Authority: No Comment. Sanitation Authority: 1 have reviewed the rezoning proposal and agree with its statements on water and sewer. Frederick Winchester Health Department: No objection if public water and sewer is provided. GIS: No Comment. Department of Parks Recreation: The proposed monetary proffer appears to address the impact this development will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 4 single family homes will yield 1 high school student, I middle school student and 2 elementary school students for a total of4 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only 4 new students upon build -out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. Winchester Regional Airport: The rezoning request was reviewed and it appears that the rezoning should not impact operations of the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces; therefore special requirements relative to airport operations will not be requested. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, according to the Rural Landmarks Survey, there are 110 significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney: Form and content previously approved by County Attorney. Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 4 Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A -2 Agricultural. The County's A -1 and A -2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision ofthe zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. Parcel 65 -A -46 maintains this RA zoning classification. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1J Land Use The parcel comprising this rezoning application is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. Other elements ofthe Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are fully addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. Transportation The Frederick County Eastern Road Plan provides guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts ofthe development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Rezoning #07 -06 Senseny Road Rentals. LLC July 27, 2006 Page 5 Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short term designation for bicycle accommodations. Access to the site would be via a new street that would be in the form of a cul -de -sac. As located in the Generalized Development Plan for this project, the proposed cul -de -sac is located to provide access to the adjacent property to the east. 3) Site Suitability /Environment This site does not contain any areas of the following identifiable environmental features; wetlands, floodplain, steep slopes, and mature woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loam and Weikert -Berks Channery Silt Loam. The Frederick County Engineer will require a storm drainage analysis of the adjacent drainage area with the development of this property. There are no identified historic resources on, or in the immediate vicinity of, the site. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the four lot single family detached residential project will generate approximately 40 vehicle trips per day. Senseny Road, Route 657, is a two lane facility in this location. The existing Senseny Road right -of -way in this location is approximately 100 feet in width in front of this property. Transportation Program. The applicant will be constructing a new street to provide access to the four lot subdivision which will traverse the adjacent property to the east. The location of the access point onto Senseny Road is approximately three hundred feet from the closest road, Ashley Drive. The location of the proposed road would assist in reducing the number of future street entrances onto Senseny Road. The applicant's proffer statement includes a commitment making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right -of -way dedication. Anticipated frontage improvements include lane widening of Senseny Road to achieve the full section of Senseny Road across the frontage of this property and bicycle and pedestrian accommodations. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of 55,000.00 per residential lot to address transportation general B. Sewer and Water Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 6 needs in the vicinity of this project. At the time of preparation of this rezoning application the applicant was aware of the approach of other projects in the vicinity of Senseny Road with regards to the establishment of a monetary fund to assist in the implementation of future area transportation improvements such as the widening of Senseny Road and the Spine Road. The County's acceptance of proffers in this manner prompted the applicant to proffer a similar commitment to area transportation improvements. In recognition of the limited scale of this rezoning request, this approach was initially believed to be more appropriate than physically constructing widening improvements in such close proximity to the interchange with Route 37 and the proposed Spine Road. The proffered frontage improvements in support of this development in combination with the monetary proffer would achieve the desired transportation enhancements in the immediate vicinity of this rezoning request. Very recent projects along Senseny Road have proposed the implementation of a 10 foot wide hiker /biker trail along the north side of Senseny Road. This approach should be a consistent consideration as projects are proposed along the Senseny Road corridor. This project has the ability to provide such an improvement as part of the frontage improvements. The applicant's impact to the water and sewer infrastructure and capacities will be minimal due to the limited scope of the proffered development plan. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. As you are aware, recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at 523,290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. Capital facility Single Family Fire And Rescue $720 General Government $320 Public Safety $658 Library $267 Parks and Recreation $2,136 School Construction $19,189 Total $23,290 Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 7 For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. 5) Proffer Statement Dated October 16, 2005 and revised on January 11, 2006, March 15, 2006 and April 19, 2006 The Applicant's Proffer Statement seeks to address specific commitments and the identified impacts associated with this rezoning request by providing for the following commitments: A commitment to the development of four single family detached residential dwellings. The provision of.a generalized Development plan for the purpose of identifying the general configuration of the four single family detached lots and the location of the proposed subdivision street serving the residential lots. The commitment to making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right -of -way dedication. An off -site transportation mitigation proffer in the amount of $5,000.00 per residential lot to address transportation general needs in the vicinity of this project. A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. The creation of a Homeowners association for the purpose of managing common open space and providing curb -side pick up of solid waste. Rezoning #07 -06 Senseny Road Rentals, LLC July 27, 2006 Page 8 STAFF CONCLUSIONS FOR 06/21/06 PLANNING COMMISSION MEETING: The Senseny Road Rentals rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. The Planning Commission should pay particular attention the nature o f the transportation mitigation proffer that has been proffered by the applicant. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/21/06 MEETING: There were no public comments. No issues or areas of concern were raised by Commission members. The Planning Commission unanimously recommended approval of the rezoning. (Note: Commissioners Watt and Thomas were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 07/26/06 MEETING: There were no public comments. No issues or areas of concern were raised by Board members specific to the requested rezoning. However, the Board did note that while the staff report identified the property as being within the Red Bud District, the Agenda page identified the property as being within the Shawnee District. The property is located in the Red Bud Magisterial District. The Board of Supervisors initially recommended approval of the rezoning application pending confirmation that the legal advertisement for this application was correct. Staff determined that the legal advertisement for this rezoning request incorrectly identified the property as being within the Shawnee District, rather than in the Red Bud District. It was deemed to be appropriate to reconsider this rezoning application at the Planning Commission and Board to ensure that a correctly advertised Public Hearing is held at the Planning Commission, and ultimately the Board of Supervisors. Gleinont Village Sens Gten 65 A 55 OUINNELLY GROUP. LLC 65 A 190 I T DAVIS, IMER R DONNA N J65 A 1948 CUSSEN, REMINGTON J 65 A 192 POE, ALVIN S.8 NANCY J. Streets Tertiary Roads At Primary Roads VdnchesP r City Roads Secondary Roads el Buildings Senseny Road Rentals, LLC (REZ07 -06) 65 -A -46 er Fraaeliak county Dept or Planning Development 107 N Kent 51 VdncIester, VA 22601 www.CO.FREDERICK. VA US May 17, 2006 Wickman Ter my Par m� h_ am t o Y 44 1110 Gee, •®a ;'villa 01.11ENELLY GROUP IS A 16 ��a ���r a •M t 4x •�1 ;Jpple 13 vaigt ,4 t T 3 0 /Ps gis wxeu.. 0000. e. a S ense Channing G. /e. en Gl, on :1 a 4 51U 7. IAN 701•7 VA N s o 1 1 t s Rraaect oar Weal* 'Hd ou �n ay e nse n H n;ion7 V1t,'aa= t PATTON ac Alt e5 n 40n r t g a Yt o.m1 ik TOLL u 711UD r: POE 65 A lee RIGGIEMAN 60 A IPA a 070 f6 r1 rr "a 0 w /V ..r.. ,v w.. O nr._. N O .aa On :m mO• p n•••••••• 4+anw nnru.i••••• N.J. Senseny Road Rentals, LLC REZ 07 06 (65 -A -46) Freeenu Counlr Depi of Planning D velapmenl 1071g Kent SI lAincne0ler VA 33901 www.00.FREDERICK. VA US 10 Y 17.3009 REZONING APPLICATION #07 -06 SENSENY ROAD RENTALS, LLC Staff Report for the Board of Supervisors Prepared: July 7, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director Planning Commission: Board of Supervisors: 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 June 21, 2006 July 26, 2006 PROPOSAL: To rezone 2 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 4 single family age restricted homes LOCATION: Senseny Road (Route 657) approximately 350' west of Ashley Drive (Route 63) MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBER: 65 -A -46 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RA (Rural Areas) West: RP (Residential Performance) Action Recommended Approval Pending Use: Use: Use: Use: PROPOSED USES: 4 Single Family Detached Residential Dwellings Residential Residential Residential Residential Rezoning #07 -06 Senseny Road Rentals, LLC July 7, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 657. This route is the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Carl Hales rezoning application dated March 15, 2006 (revision) address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the 1.T.E Trip Generation 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. Fire Marshal: Plan approval recommended. Greenwood Volunteer Fire Rescue: We disagree with impact model as to impact on fire rescue, but must approve. Department of Inspections: No Comment. Public Works Department: Refer to page 3, Drainage: The storm drainage analysis for the proposed 4 lot subdivision shall include an evaluation of the adequacy of the downstream culverts in the Senseny Glen Subdivision as well as the impacts of the storm flows from Dell Court. Refer to Page 3, Solid Waste Disposal Facilities: The discussion references the citizens' trash convenience facility at the Greenwood Fire Hall as the closest site for trash disposal. Unfortunately, this site is currently overloaded and possibly slated for closure in the near future. Consequently, we are requesting that all new subdivisions provide curbside pickup in their homeowners' covenants. This issue is generally addressed in the proffer statement which was not including in your rezoning application. Frederick Winchester Service Authority: No Comment. Sanitation Authority: I have reviewed the rezoning proposal and agree with its statements on water and sewer. Frederick Winchester Health Department: No objection if public water and sewer is provided. GIS: No Comment. Department of Parks Recreation: The proposed monetary proffer appears to address the impact this development will have on this department's capital facility needs. Rezoning #07 -06 Senseny Road Rentals, LLC July 7, 2006 Page 3 Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 4 single family homes will yield 1 high school student, 1 middle school student and 2 elementary school students for a total of 4 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only 4 new students upon build -out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. Winchester Regional Airport: The rezoning request was reviewed and it appears that the rezoning should not impact operations of the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces; therefore special requirements relative to airport operations will not be requested. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, according to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney: Form and content previously approved by County Attorney. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identities the parcel as being zoned A -2 Agricultural. The County's A -1 and A -2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. Parcel 65 -A -46 maintains this RA zoning classification. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I -1] Rezoning #07 -06 Senseny Road Rentals, LLC July 7, 2006 Page 4 Land Use The parcel comprising this rezoning application is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. Other dements of the Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are fully addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. Transportation The Frederick County Eastern Road Plan provides guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short term designation for bicycle accommodations. Access to the site would be via a new street that would be in the form of a cul -de -sac. As located in the Generalized Development Plan for this project, the proposed cul -de -sac is located to provide access to the adjacent property to the east. 3) Site Suitability /Environment This site does not contain any areas of the following identifiable environmental features; wetlands, floodplain, steep slopes, and mature woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loam and Weikert-Berks Channery Silt Loam. The Frederick County Engineer will require a storm drainage analysis of the adjacent drainage area with the development of this property. There are no identified historic resources on, or in the immediate vicinity of, the site. Rezoning #07 -06 Senseny Road Rentals, LLC July 7. 2006 Page 5 4) Potential Impacts A. Transportation Traffic Impact Analysis. The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the four lot single family detached residential project will generate approximately 40 vehicle trips per day. Senseny Road, Route 657, is a two lane facility in this location. The existing Senseny Road right -of -way in this location is approximately 100 feet in width in front of this property. Transportation Program. The applicant will be constructing a new street to provide access to the four lot subdivision which will traverse the adjacent property to the east. The location of the access point onto Senseny Road is approximately three hundred feet from the closest road, Ashley Drive. The location of the proposed road would assist in reducing the number of future street entrances onto Senseny Road. The applicant's proffer statement includes a commitment making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right -of -way dedication. Anticipated frontage improvements include lane widening of Senseny Road to achieve the full section of Senseny Road across the frontage of this property and bicycle and pedestrian accommodations. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of $5,000.00 per residential lot to address transportation general needs in the vicinity of this project. At the time of preparation of this rezoning application the applicant was aware of the approach of other projects in the vicinity of Senseny Road with regards to the establishment of a monetary fund to assist in the implementation of future area transportation improvements such as the widening of Senseny Road and the Spine Road. The County's acceptance of proffers in this manner prompted the applicant to proffer a similar commitment to area transportation improvements. In recognition of the limited scale of this rezoning request, this approach was initially believed to he more appropriate than physically constructing widening improvements in such close proximity to the interchange with Route 37 and the proposed Spine Road. The proffered frontage improvements in support of this development in combination with the monetary proffer would achieve the desired transportation enhancements in the immediate vicinity of this rezoning request. Very recent projects along Senseny Road have proposed the implementation of a 10 foot wide hiker /biker trail along the north side of Senseny Road. This approach should be a consistent consideration as projects are proposed along the Senseny Road corridor. This project has the ability to provide such an improvement as part of the frontage improvements. Capital facility Single Family Fire And Rescue $720 General Government $320 Public Safety $658 Library $267 Parks and Recreation $2,136 School Construction $19,189 Total $23,290 Rezoning 407 -06 Senseny Road Rentals, LLC July 7, 2006 Page 6 B. Sewer and Water The applicant's impact to the water and sewer infrastructure and capacities will be minimal due to the limited scope of the proffered development plan. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. As you are aware, recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests fhr land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriffs Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects arc fixed at $23,290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. Rezoning #07 -06 Senseny Road Rentals, LLC July 7, 2006 Page 7 5) Proffer Statement Dated October 16, 2005 and revised on January 11, 2006, March 15, 2006 and April 19, 2006 The Applicant's Proffer Statement seeks to address specific commitments and the identified impacts associated with this rezoning request by providing for the following commitments: A commitment to the development of four single family detached residential dwellings. The provision of a generalized Development plan for the purpose of identifying the general configuration of the four single family detached lots and the location of the proposed subdivision street serving the residential lots. The commitment to making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right -of -way dedication. An off -site transportation mitigation proffer in the amount of $5,000.00 per residential lot to address transportation general needs in the vicinity of this project. A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. The creation of a Homeowners association for the purpose of managing common open space and providing curb -side pick up of solid waste. STAFF CONCLUSIONS FOR 06/21/06 PLANNING COMMISSION MEETING: The Senseny Road Rentals rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. The Planning Commission should pay particular attention the nature of the transportation mitigation proffer that has been proffered by the applicant. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission. should be addressed prior to the decision of the Planning Commission. Rezoning #07 -06 Senseny Road Rentals, LLC July 7, 2006 Page 8 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/21/06 MEETING: There were no public comments. No issues or areas of concern were raised by Commission members. The Planning Commission unanimously recommended approval of the rezoning. (Note: Commissioners Watt and Thomas were absent from the meeting.) REZONING APPLICATION #07 -06 SENSENY ROAD RENTALS, LLC Staff Report for the Planning Commission Prepared: June 8, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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. Planning Commission: Board of Supervisors: Reviewed June 21, 2006 July 26, 2006 PROPOSAL: To rezone 2 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 4 single family age restricted homes LOCATION: Senseny Road (Route 657) approximately 350' west of Ashley Drive (Route 63) MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBER: 65 -A -46 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RA (Rural Areas) West: RP (Residential Performance) Action Pending Pending Use: Use: Use: Use: PROPOSED USES: 4 Single Family Detached Residential Dwellings Residential Residential Residential Residential REVIEW EVALUATIONS: Fire Marshal: Plan approval recommended. Department of Inspections: No Comment. Rezoning 407 -06 Senseny Road Rentals, LLC June 8, 2006 Page 2 Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 657. This route is the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Carl Hales rezoning application dated March 15, 2006 (revision) address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, 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. Greenwood Volunteer Fire Rescue: We disagree with impact model as to impact on fire rescue, but must approve. Public Works Department: Refer to page 3, Drainage: The storm drainage analysis for the proposed 4 lot subdivision shall include an evaluation of the adequacy of the downstream culverts in the Senseny Glen Subdivision as well as the impacts of the storm flows from Dell Court. Refer to Page 3, Solid Waste Disposal Facilities: The discussion references the citizens' trash convenience facility at the Greenwood Fire Hall as the closest site for trash disposal. Unfortunately, this site is currently overloaded and possibly slated for closure in the near future. Consequently, we are requesting that all new subdivisions provide curbside pickup in their homeowners' covenants. This issue is generally addressed in the proffer statement which was not including in your rezoning application. Frederick Winchester Service Authority: No Comment. Sanitation Authority: I have reviewed the rezoning proposal and agree with its statements on water and sewer. Frederick Winchester Health Department: No objection if public water and sewer is provided. GIS: No Comment. Department of Parks Recreation: The proposed monetary proffer appears to address the impact this development will have on this department's capital facility needs. Rezoning #07 -06 Senseny Road Rentals, LLC June 8, 2006 Page 3 Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 4 single family homes will yield 1 high school student, 1 middle school student and 2 elementary school students for a total of 4 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only 4 new students upon build -out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. Winchester Regional Airport: The rezoning request was reviewed and it appears that the rezoning should not impact operations of the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces; therefore special requirements relative to airport operations will not be requested. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, according to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney: Form and content previously approved by County Attorney. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A -2 Agricultural. The County's A -1 and A -2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. Parcel 65-A -46 maintains this RA zoning classification. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Rezoning #07 -06 Senseny Road Rentals, LLC June 8, 2006 Page 4 Land Use The parcel comprising this rezoning application is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. Other elements of the Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are fully addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. Transportation The Frederick County Eastern Road Plan provides guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short term designation for bicycle accommodations. Access to the site would be via a new street that would be in the form of a cul -de -sac. As located in the Generalized Development Plan for this project, the proposed cul -de -sac is located to provide access to the adjacent property to the east. 3) Site Suitability/Environment This site does not contain any areas of the following identifiable environmental features; wetlands, floodplain, steep slopes, and mature woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loam and Weikert-Berks Channery Silt Loam. The Frederick County Engineer will require a storm drainage analysis of the adjacent drainage area with the development of this property. There are no identified historic resources on, or in the immediate vicinity of, the site. Rezoning #07 -06 Senseny Road Rentals, LLC June 8, 2006 Page 5 4) Potential Impacts A. Transportation Traffic Impact Analysis. The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the four lot single family detached residential project will generate approximately 40 vehicle trips per day. Senseny Road, Route 657, is a two lane facility in this location. The existing Senseny Road right -of -way in this location is approximately 100 feet in width in front of this property. Transportation Program. The applicant will be constructing a new street to provide access to the four lot subdivision which will traverse the adjacent property to the east. The location of the access point onto Senseny Road is approximately three hundred feet from the closest road, Ashley Drive. The location of the proposed road would assist in reducing the number of future street entrances onto Senseny Road. The applicant's proffer statement includes a commitment making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right -of -way dedication. Anticipated frontage improvements include lane widening of Senseny Road to achieve the full section of Senseny Road across the frontage of this property and bicycle and pedestrian accommodations. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of $5,000.00 per residential lot to address transportation general needs in the vicinity of this project. At the time of preparation of this rezoning application the applicant was aware of the approach of other projects in the vicinity of Senseny Road with regards to the establishment of a monetary fund to assist in the implementation of future area transportation improvements such as the widening of Senseny Road and the Spine Road. The County's acceptance of proffers in this manner prompted the applicant to proffer a similar commitment to area transportation improvements. In recognition of the limited scale of this rezoning request, this approach was initially believed to be more appropriate than physically constructing widening improvements in such close proximity to the interchange with Route 37 and the proposed Spine Road The proffered frontage improvements in support of this development in combination with the monetary proffer would achieve the desired transportation enhancements in the immediate vicinity of this rezoning request. Very recent projects along Senseny Road have proposed the implementation of a 10 foot wide hiker /biker trail along the north side of Senseny Road. This approach should be a consistent consideration as projects are proposed along the Senseny Road corridor. This project has the ability to provide such an improvement as part of the frontage improvements. Rezoning #07 -06 Senseny Road Rentals, LLC June 8, 2006 Page 6 B. Sewer and Water The applicant's impact to the water and sewer infrastructure and capacities will be minimal due to the limited scope of the proffered development plan. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. As you are aware, recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital faci ity taken from the Development Impact Model. Capital facility Fire And Rescue General Government Public Safety Library Parks and Recreation School Construction Total Single Family $720 $320 $658 $2,136 $19,189 $23,290 Rezoning #07-06 Senseny Road Rentals, LLC June 8, 2006 Page 7 5) Proffer Statement Dated October 16, 2005 and revised on January 11, 2006, March 15, 2006 and April 19, 2006 The Applicant's Proffer Statement seeks to address specific commitments and the identified impacts associated with this rezoning request by providing for the following commitments: A commitment to the development of four single family detached residential dwellings. The provision of a generalized Development plan for the purpose of identifying the general configuration of the four single family detached lots and the location of the proposed subdivision street serving the residential lots. The commitment to making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right -of -way dedication. An off -site transportation mitigation proffer in the amount of $5,000.00 per residential lot to address transportation general needs in the vicinity of this project. A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. The creation of a Homeowners association for the purpose of managing common open space and providing curb -side pick up of solid waste. STAFF CONCLUSIONS FOR 06/21/06 PLANNING COMMISSION MEETING: The Senseny Road Rentals rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. The Planning Commission should pay particular attention the nature of the transportation mitigation proffer that has been proffered by the applicant. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. 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.