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Home My WebLink About11-06 CommentsJanuary 11, 2007 Dear Evan: Sincerely, C tiV Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #11 -06, ABRAM'S CHASE Candice E. Perkins, AICP Planner II CEP/bad Attachment COUNT 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Harvest Communities, Inc., 147 Creekside Lane, Winchester, VA 22602 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 January 10, 2007. The above referenced application was approved to rezone 3.25 acres from RA (Rural Areas), District to RP (Residential Performance) District with proffers, to accommodate 13 single family detached residential units on small lots. The subject properties front on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision, and are identified with Property Identification Numbers 65 -A -27A and 65 -A -28A 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. REZONING APPLICATION #11 -06 ABRAM'S CHASE Staff Report for the Board of Supervisors Prepared: December 27, 2006 Staff Contact: Candice E. Perkins, Planner II 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 Action Planning Commission: September 20, 2006 Tabled for 90 days by Planning Commission Planning Commission: December 20, 2006 Recommended Approval Board of Supervisors: January 10, 2007 Pending PROPOSAL: To rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 13 single family detached residential units on small lots. LOCATION: The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65 -A -27A and 65 -A -28A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) West: RA (Rural Areas) Use: Lynnehaven Subdivision Open Space Use: Agricultural Use: Parkwood Manor Subdivisions Use: Residential PROPOSED USES: 13 single family small lot homes (4 units /acre density) Rezoning #11-06 Abram's Chase December 27, 2006 Page 2 REVIEW EVALUATIONS: Fire Marshal: Plan approval recommended. Sanitation Authority: No comments. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision rezoning application dated March 1, 2006 addresses 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 General Manual, Sixth Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a and use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Greenwood Volunteer Fire Company: Agreed to. Public Works Department: Refer to Wetlands, Page 3: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100 -year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100 -year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. Frederick Winchester Service Authority: There is adequate water and sewer capacity to serve this rezoning request. Department of Parks Recreation: As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved. an appropriate value for recreational amenities must be determined. The proposed asphalt walkway to adjacent property should meet Frederick County Standards. Plan appears to offer the appropriate amount of open space. The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 14 single family homes will yield two high school students, two middle school students and five elementary school students for a total of nine 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 nine new students upon build- Rezoning #11-06 Abram's Chase December 27, 2006 Page 3 out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential Tots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Winchester Regional Airport: While the proposed development lies within the airport[s Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a fornt to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. Proffer A provides that the property will develop in substantial conformity with the attached Generalized Development Plan (GDP). The GDP was not attached to the copy ofthe Proffer Statement provided to me. Therefore, this review is provided without a review of the GDP. 2. Proffer B limits the dwelling units to "14 single family detached residential dwelling units on small lots It is assumed that this is a reference to the "single family small lot" type of development identified in Section 165 -65F of the Zoning Ordinance. 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as community recreational facilities in lieu of a community center, of the community center is waived by the Frederick County Board of Supervisors. However, my review of Section 165- 64(A)(1) indicates that the Board of Supervisors can waive the community center requirement of Section 165 -64(A) in proffered age- restricted single family small lot subdivisions that contain less than 50 lots. However, there is nothing in the proffer provided to me to indicate that this development is to be an age- restricted development. Accordingly, 1 question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. 4. Proffers D(1) and D(2) provide for the construction of a right turn and taper lane and for the dedication of right -of -way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. In Proffer E the first clause is redundant and should be deleted. The proffer should commence as the other proffers have commenced with the language "the Applicant will pay... It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. 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 ofthe rezoning application by the HRAB. 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. Planning Department: Please see attached letter dated April 12, 2006 fron] Candice E. Perkins, Planner II Rezoning 11 Abram's Chase December 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. Parcels 65 -A -27A and 65 -A -28A maintain 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 parcels comprising this rezoning application are 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. 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 public street that would be stubbed out at the western property line as indicated on the Generalized Development Plan. A 10' asphalt bicycle /pedestrian is also being constructed along the frontage of the property. Rezoning #111-06 Abram's Chase December 27, 2006 Page 5 3) Site Suitabilitv /Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loams and Weikert-Berks Channery Silt Loams. 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 fourteen lot single family detached residential project will generate approximately 134 vehicle trips per day. The applicant is proffering to construct an internal public street with a temporary turnaround that will be designed to provide for inter parcel connectivity to Tax Map Parcel 65 -A -25B to the west. The applicant's proffer statement includes a commitment making the required frontage improvements to Route 657, Senseny Road, including the necessary right- of-way dedication to provide for 45 feet from the existing Senseny Road centerline. Commitments for the frontage improvements have been provided in the proffers 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. This site will also offer access to the adjacent parcel (65 -A -26) should it choose to utilize the new public street within the Abrams Chase Subdivision. Staff Note: It is noted that recent single family rezonings in this area have proffered a transportation contribution per dwelling unit (Senseny Road Rentals, Senseny Village) to help with road improvements in addition to a proffer to construct the Senseny Road expansions on their property (Orrick ($2,854), Senseny Road Rentals(S5,000)). The previously reviewed application contained a transportation proffer of S1,000 per unit for improvements to Senseny Road. This rezoning has been revised to provide the improvements to Senseny Road but has removed the 51,000 transportation contribution from the proffers. Consideration should be made for the location of the road shown on the GDP. This rezoning will establish the location of the road for future developments. B. Sewer and Water Presently sewer service is available via an eight inch main that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant. The proposed 14 lot development would 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 #11-06 Abram's Chase December 27, 2006 Page 6 add approximately 3,100 gallons per day to the public sewer conveyance system, increasing the demand at the Opequon Plant by 0.15 Water supply will be provided by way of an eight inch water line along the north side of Senseny Road that adjoins the subject site. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system. Water demand of this project is estimated to be 3,850 gallons per day. C. Community Facilities 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 facility taken from the Development Impact Model. 5) Proffer Statement— Dated March 1, 2006 (Revised December 21, 2006) A) Generalized Development Plan The applicant has proffered to develop the property in substantial conformance with the GDP provided in the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road, the 10' bicycle /pedestrian facility, the internal road system with inter parcel connectivity, the general location of the residential lots and the open space /buffer areas. Rezoning 11 -06 Abram's Chase December 27, 2006 Page 7 B) Residential Land Use The applicant proffers to develop a maximum of 13 single family detached residential units on small lots. Staff Note: With the single family small lot designation, this project could develop lots as small as 3,750 square feet. C) Transportation Enhancements 1. The applicant will construct an internal pubic street with a temporary turnaround that will be designed to provide for Interparcel connectivity to Tax Map Parcel 65- A-25B. 2. The applicant will construct a new westbound travel lane on Senseny Road that is 12' in width and is located along the property frontage within the public right -of- way. The new westbound travel lane shall be designed to connect Parkwood Drive tot eh entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the property. 3. The applicant will construct a right -turn and taper lane within the public right-of- way to the entrance serving the property. This improvement shall be bonded and constructed concurrently with the internal public street serving the property. 4. The applicant will dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road centerline of record to allow for future road improvements by others. 5. The applicant will construct a 10 foot asphalt bicycle /pedestrian facility along the entire frontage of the property. 6. The applicant will provide for a curb cut along the Interparcel public street serving the property to allow for ingress /egress for Tax Map Parcel 65- A -26A. The applicant shall establish an ingress /egress easement for the benefit of 65 -A -26A that shall be incorporated into the final plat and deed for the Abrams Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65-A-26A to allow for public water and sewer connections to the Abrams Chase public water and sewer lines at the expense of others. D) Monetary Contribution A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time each residential lot is platted, is proffered in an effort to mitigate the impacts associated with this development on community facilities. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/20/06 MEETING: Members of the Commission asked the applicant if he had considered an inter parcel connector at the Rezoning #11-06 Abram's Chase December 27, 2006 Page 8 cul -de -sac to the east or the possibility of acquiring the vacant lot on Parkwood Circle for an inter parcel connector. The applicant replied that not only was there a drainage area through the location to the east. but it would compromise the area they had planned for their recreational amenities; he said the other open area on the site was designated for stormwater detention. The applicant said he had not pursued the possibility of purchasing the vacant lot on Parkwood Circle. Considering how much of the property was within a floodplain, a member of the Commission raised the possibility that housing sites could be lost or the road location may have to be moved. The applicant responded that the results of a site- distance study they conducted eliminated any leeway in the location of the road. The applicant assured the Commission that a wetlands study would be conducted at the MDP stage, as requested by the County's engineer. One citizen spoke in opposition to the rezoning; she did not believe the proposed development supported the County's vision for good planning, She did not think this site, nor the other surrounding vacant parcels, should be a continuation of the less- than desirable type of development this area has been experiencing. The Planning Staff pointed out that the inter parcel connection is required by the zoning ordinance and was a non debatable issue, unless waived by the Board of Supervisors. Staff noted that the ordinance also requires a waiver of the community center to be done at the MDP or subdivision stage. In addition, Staff noted the inappropriateness of the applicant adjusting the cash proffer contribution at this point in the process. Regarding the entrance separation along Senseny Road, Staff commented that the 200 feet proposed by the applicant did not meet the desired separation of 500 feet, which is recommended in VDOT's subdivision design manual. Commission members said they were having difficulty finding any redeeming values in the proposal from a planning standpoint. They were concerned this project may set a precedent for similar developments in this area. They were concerned about the possibility of having six cul -de -sacs within a 1,200 -foot distance, each with 134 trips per day, along Senseny Road, which already had traffic problems. Although there were questions whether approving this rezoning represented good planning, a concern was raised about the future of this particular area, which seemed to be a conglomeration of small parcels. The question of how the parcels in this area could be integrated to create good planning was raised. The possibility of a solution through the UDA Study was suggested. Members of the Commission wanted to give the applicant more time to address some of the issues in order to make the project work. By a majority vote. the Commission tabled the rezoning for 90 days. YES (TO TABLE): Unger, Watt, Manuel, Morris, Oates, Light, Wilmot, Kriz, Triplett, Kerr, Mohn NO: Thomas (Note: Commissioner Ours was absent from the meeting.) STAFF UPDATE FOR THE 12/20/2006 PLANNING COMMISSION MEETING: The applicant provided staff with a revised proffer statement and GDP which have addressed the issues raised at the September 20, 2006 Planning Commission. The issues from the meeting and the Rezoning #11 -06 Abram's Chase December 27, 2006 Page 9 applicant's solutions are as follows: 1. The previously reviewed application only provided right -of -way for future improvements to Senseny Road; it did not provide any improvements or the bicycle /pedestrian lane. The revised application provides the right -of -way, the improvements to Senseny Road (new westbound travel lane and right turn/taper lane) as well as the ten foot asphalt bicycle /pedestrian facility along the entire frontage of the property. 2, The internal public road within previously shown has a cul -de -sac and did not provide inter parcel connectivity to the adjacent property. The revised proffers and GDP now show the internal public street stubbing out at the western property line. The applicant has also provided an area for a smaller adjacent parcel that fronts on Senseny Road to connect into the new public street within the Abrams Chase Subdivision if they choose. 3. The previously reviewed application contained a request for a waiver of the community center requirement and the proffers had specific recreational unit figures and amenities that would be applicable if the community center was waived. The waiver cannot be sought at the rezoning stage and needs to come at the MPD or Subdivision stage. The waiver and the recreational amenity proffer have been removed from the application. The revised GDP currently does not provide a location for the required recreational area which is required to be shown. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/20/06 MEETING: One adjoining property owner spoke with concerns that the access turn might damage a sewer line for the existing mobile home. The applicant stated the access turn on Senseny Road will be completely within the existing right -of -way, plus there is additional right -of -way dedication on the applicant's property. Planning staff pointed out that the applicant had addressed the issues raised at the September 20, 2006 Planning Commission meeting and had addressed staff's concerns as well; it was noted that consideration should be made for the location of the Interparcel connection to the adjacent property to the west as the road location shown on the GDP will establish the road location for future developments. No issues of concern were raised and the Commission recommended approval of the rezoning with the proffers offered by the following majority vote: YES (to approve): Unger, Manuel, Morris, Oates, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Light (Note: Commissioners Thomas and Watt were absent from the meeting.) Rezoning #11-06 Abram's Chase December 27, 2006 Page 10 STAFF CONCLUSIONS FOR 01/10/07 BOARD OF SUPERVISORS MEETING: The land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. The applicant has addressed the issues that were discussed by the Planning Commission and has addressed staff's concerns. Consideration should be made for the location of the road that is shown on the GDP as this rezoning will establish the location of the road for future developments. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. 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I3 A z I T j !+S r '".vyx S HA 1 M A N SDHN E iT: I t f it t t; :R. 7 9 CO Y s. r rV d .0":4 m +J�r =1� A r# [e s ``�thil Rood c.nten 1� y ®.„_.m, 0s w. m::a' IR�G� }T 11 O6 Abram's Chase Aerial Map../ A- 27A,28A) (41k izsz Fee. I. Applicant: REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff c 0 Fee Amount Paid 33'7S Zoning Amendment Number r Date Receive o /41d PC Hearing Date q hDdc4 BOS Hearing Date /1/4'0/0 The following information shall he 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. Name: Greenwav Engineering Address: 151 Windy I -Iill Lane Winchester. VA 22602 2. Property Owner (if different from above) Name: Harvest Communities, Inc. Address: 147 Creekside Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt. AICP Telephone: (540) 662 -4185 Telephone: (540) 678 -1462 Telephone: (540) 6624185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to Property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X PARCEL II) NUMBER USE ZONING 55K- 1 -1 -24A Open Space RP 65 -A -15 Agricultural RA 65 -A -25B Residential RA 65 -A -26A Residential RA 65B -9 -7 Residential RP 65B -9 -7A Residential RP 65B -9 -8 Residential RP 65B -9 -9 Residential RP 65B -9 -10 Residential 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: Harvest Communities. Inc.. Stuart Butler, 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): Fronting on the north side of Senseny Road (Route 657). adjacent to the Parkwood Manor Subdivision. Acres Current Zoning Zoning Requested 3.25+ RA District RP District 3.25+ Total Acreage to be rezoned 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 Districts Magisterial: Red Bud High School: Millbrook Fire Service: Greenwood VFR Middle School: Admiral Byrd Rescue Service: Greenwood VFR Elementary School: Senseny Road 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: 14 Non Residential Lots: Number of Units Proposed Townhome: Multi Family Mobile I -tome: Hotel Rooms: Square Footage of Proposed Uses Office Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 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): Date: SI L110(o Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 665 -6395 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) Harvest Communities, Inc. (Address) 147 Creekside Lane, Winchester, VA 22602 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050028946 on Page and is described as Parcel: 65 Lot: 27A Block: A Section: Subdivision: Parcel: 65 Lot: 28A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This au thorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In withessithere i e V as Signatur Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us State of Virginia, City (Phone) (540) 678 -1462 of Frederick, To -wit: I, Donna L. Meliso, a Notary Public in 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 acknow ged the same before me in the jurisdiction aforesaid this25Ui day of 200 OC -11 142.X 0 4 q J My Commission Expires: February 29 2008 LEGEND LOT AREA OPEN SPACE BUFFER PUBLIC R.O.W AREA 10' BICYCLE PEDESTRIAN FACILITY 50' ROAD EFFICIENCY,BUFFER i INGRESS EGRESS EASEMENT AREA PACE o pESS r 0 n.� DO 40 0 SCALE. 1' BO' Bo 160 z za N an d m N J W in la S O 0 N 4 cc m 4 DAIS WAITER ICK SCAM 1 BD• OSSIGNED BY: e@1 z z ad hi W flZ ND. a r v --LEGEND [r 3 0 /l. ABE F W ,gmnm a\\\\\\ \a\\ \aa\`� \'a0U �\@a a@n ael\\%nmmm s mm uuwuucym m�mvmm U nav u�... n\mnRUranmmmmmTmmnmmn\'"'"---n— 1 SENSENY ROAD e v P lap2* yaw O nn sr el r ban o p aria\ SENSENY_ROAD N I II with ifts Isms immul 'rte' _alj alw a r Fa ABRAMS CHASE SUBDIVISION CONCEPTUAL PUBLIC R.O.W. LAYOUT CONCEPTUAL 10' BICYCLE PEDESTRIAN FACILITY CONCEPTUAL 50' ROAD EFFICIENCY BUFFER ORRICK DEVELOPMENT g 0 900 1.50 0 300 $GN.Ei r DOd W CC a d O y u O e O O o g _I 6 G a g On g p C W B W z y 0 a W H DAYS 110.8LER 2006 SCAM I 500' 0/SIGNED or eon K Legend Q Abram's Chase Parcels SWSA UDA Parcel Boundaries 1 2 l LI ir l iss 4 1 All r em 4 1 -4 �N 41 s Iota LA I Stb 4 1 t In 4 1� 4 4 1 u 0 Thy A 440 14 1 fr ofe IOW ft h i SWSA at ar:so anis Pe a 1 I k VS L s irt* 4 Iff AV. ser S %a, wrAw 4 of lir S Q L '0 I. 11 0• 1,000 500 40 Feet 01 1,000 2,000 z 0 \W z CD cc Z 0 0 0 U uJ w 0 w w w 0 m 0 0) w 0 SWSA UDA L1 T1_I 1178 3, 0 u Legend Abram's Chase Parcels 5 ft. Contours Streams Lakes Ponds Parcel Boundaries I i I I Environmental Features 7/ 1— cc 2 H co E _J E 1.1.1 Z (1) 0 00 0 C) DLLJ al 0 0 I-U 11.1 CC S i Soils 1B, BERKS CHANNERY SILT LOAM, 2 TO 7 PERCENT SLOPES 3B, BLAIRTON SILT LOAM, 2 TO 7 PERCENT SLOPES Abram's Chase Parcels Parcel Boundaries Legend 41C, WEIKERT -BERKS CHANNERY SILT LOAMS, 41 D, WEIKERT -BERKS CHANNERY SILT LOAMS, 41 E, WEIKERT -BERKS CHANNERY SILT LOAMS, 9B, CLEARBROOK CHANNERY SILT LOAM, 2 TO 9C, CLEARBROOK CHANNERY SILT LOAM, 7 TO 7 TO 15 PERCENT SLOPES 15 TO 25 PERCENT SLOPES 25 TO 65 PERCENT SLOPES 7 PERCENT SLOPES 15 PERCENT SLOPES 0 v 0 0 N 7 Q N L U W J A.� cE t,T\Cn 1. r )0 P SOMaG\- )1)-7-11.: 7c i Li „y 1 i 1 1 I m i O 1 t'�� H -t 1 m /�l 7 1 l m 7 T -F v.� r. Nu) r i A m Z 'ern STAFFORD R D V o I v t I I 11 V1 1 7 ---t--- -1 j r z I r^ 1 I p _1 1 U i7 N -1 U 0 W —L a w F: gagg Legend Abram's Chase Parcels Parcel Boundaries Zoning B2 (Business, General District) RA (Rural Areas District) RP (Residential Performance District) 7 m m z 0 0 o A I P O AI r i M1 1 O. J O 1 /:C/0 i f—/ =r i l� I �AA t iLYS W Y_ m t Or \_:,7„;' 7 tie Location and Zoning Map I SS A(, oft A 1 I.z N✓ O 1 1• 0 �P G o? r 7 Li- l r y U y 7 b 7�/ TWIN y a K i �Q r v �G� l''' r m L J s 07 T m 7 i /A� gy J 1 ,T -J v 1 Y 7 ',,KMA R T E t T 1:::::::::71,/: 1 1 7/ 7" 1 g M Ner f g -r o G CT ,t, MURPHY, 1 T 1 1[t,� 7 0 y l y /p T ✓a KAYF K �R T G R i II� 2 r--/---- 'rte ��y j V' ,G i/ i v i i L l i T t I S NY,iN p R I CJ K.,/ 4-i; r- N �eR= t- r/ 0 7 S EN 1�i y G`E r)4 rte t Q y y 7;5 J j 7 4 y _DF /i�_H ��F �,v 7y m� v e w Imo T N L -/F4LC Cr� ��_I I 1 -O� .)))))-.44,),),y)/ 9 '_J ZT7 1 L7' /7-5-_,,,, I I J O Q g. 4_,4 l! 7\-...A/Sts, i l i �4 j O yh yl l1 A/ \i,\'5,:-2,,,L O Y 1 N �7/ N R D\ Ir. 7 l� r- ,1 /'mi Cr --4 A C< J/ 1P, m RF Z A z i K A t a y 800 400 Feet 800 1,600 z 0 m w 0 U U cC co m 2r Z_ tc cc z 0 U 0 w W u W LL 0 En d a 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. 11 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 Action Planning Commission: September 20, 2006 Tabled for 90 days by Planning Commission Planning Commission: December 20, 2006 Pending Board of Supervisors: January 10, 2007 Pending PROPOSAL: To rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 14 single family detached residential units on small lots. LOCATION: The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65 -A -27A and 65 -A -28A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) West: RA (Rural Areas) REZONING APPLICATION #11 -06 ABRAM'S CHASE Staff Report for the Planning Commission Prepared: October 13, 2006 Staff Contact: Candice E. Perkins, Planner II Use: Lynnehaven Subdivision Open Space Use: Agricultural Use: Parkwood Manor Subdivisions Use: Residential PROPOSED USES: 14 single family small lot homes (4.3 units /acre density) Rezoning 1 1 -06 Abram's Chase October 13, 2006 Page 2 REVIEW EVALUATIONS: Fire Marshal: Plan approval recommended. Sanitation Authority: No comments. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision rezoning application dated March 1, 2006 addresses 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 General Manual, Sixth Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Greenwood Volunteer Fire Company: Agreed to. Public Works Department: Refer to Wetlands, Page 3: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100 -year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100 -year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. Frederick- Winchester Service Authority: There is adequate water and sewer capacity to serve this rezoning request. Department of Parks Recreation: As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved, an appropriate value for recreational amenities must be determined. The proposed asphalt walkway to adjacent property should meet Frederick County Standards. Plan appears to offer the appropriate amount of open space. The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 14 single family homes will yield two high school students, two middle school students and five elementary school students for a total of nine 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 nine new students upon build- Rezoning 1 1 Abram's Chase October 13, 2006 Page 3 out, the cumulative impact of this project and others, coupled with the number ofapproved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Winchester Regional Airport: While the proposed development lies within the airports Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Residents should be forewarned that due to the proximity ofthe site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Frederick County Attorney: it is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. Proffer A provides that the property will develop in substantial conformity with the attached Generalized Development Plan (GDP). The GDP was not attached to the copy of the Proffer Statement provided to me. Therefore, this review is provided without a review ofthe GDP. 2. Proffer B limits the dwelling units to "14 single family detached residential dwelling units on small lots It is assumed that this is a reference to the "single family small lot" type of development identified in Section 165 65F of the Zoning Ordinance. 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as community recreational facilities in lieu of a community center, of the community center is waived by the Frederick County Board of Supervisors. However, my review of Section 165 64(A)(]) indicates that the Board of Supervisors can waive the community center requirement of Section 165 -64(A) in proffered age- restricted single family small lot subdivisions that contain less than 50 lots. However, there is nothing in the proffer provided to me to indicate that this development is to be an age restricted development. Accordingly, I question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. 4. Proffers D(1) and D(2) provide for the construction ofa right turn and taper lane and for the dedication of right -of -way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. In Proffer E the first clause is redundant and should be deleted. The proffer should commence as the other proffers have commenced with the language "the Applicant will pay... It should be noted that 1 have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. 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. 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. Planning Department: Please see attached letter dated April 12, 2006 from Candice E. Perkins, Planner II. Rezoning #11- 06— Abram's Chase October 13, 2006 Page 4 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan 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. Parcels 65 -A -27A and 65 -A -28A maintain this RA zoning classification. 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 parcels comprising this rezoning application are 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 and uses. Transportation The Frederick County Eastern Road Plan provides guidance regarding future arterial and collector road connections in the eastern portion ofthe 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 indicated on the Generalized Development Plan. Rezoning #11-06 Abram's Chase October 13, 2006 Page 5 3) Site Suitability /Environment 4) Potential Impacts A. Transportation The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loams and Weikert-Berks Channery Silt Loams. 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 fourteen lot single family detached residential project will generate approximately 134 vehicle trips per day. Senseny Road in this area has a variable right -of -way. The applicant has proffered to dedicate necessary right of -way as well as build a right turn and taper lane within the Senseny Road right -of -way. Staff Note: The applicant has proffered to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road centerline. This project should be implementing the Senseny Road expansion plans (proposed four lanes), including construction of the additional lane and curb and gutter along the frontage of their site. The inclusion of the right turn taper lane should be in addition and outside of the road expansion area. This rezoning has not addressed this improvement. Transportation Program. The applicant will be constructing a new street to provide access to the fourteen lot subdivision which will traverse through the center of the subject site. The location of the access point onto Senseny Road is approximately two hundred feet from the closest road, Parkwood Drive. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of $1,000.00 per residential lot to address transportation general needs in the vicinity of this project. Staff Note: It is noted that recent single family rezonings in this area have provided a transportation proffer of $5,000 per dwelling unit (Senseny Road Rentals, Senseny Village) to help with road improvements as well as a proffer to construct the Senseny Road expansions on their property (Orrick, Senseny Road Rentals). This rezoning proposal has not addressed the transportation impact similar to other recent rezonings. Recent projects along Senseny Road have proposed the construction of additional lanes along Senseny Road as well as the implementation of a ten 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. While this project has reserved the right -of -way for Senseny Road, it has not proffered to construct the road improvements (improvements to he completed by others) and has not proposed the inclusion of a ten foot path as requested. Staff Note: This project also does not provide an interparcel connection to the adjacent 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 #11-06 Abram's Chase October 13,2006 Page 6 B. Sewer and Water property to the west which could facilitate additional entrances onto Senseny Road should those parcels choose to redevelop in the future. The cul -de -sac associated with this project should stub out to the western lot or a connection from this road should be provided. Presently sewer service is available via an eight inch main that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant. The proposed 14 lot development would add approximately 3,100 gallons per day to the public sewer conveyance system, increasing the demand at the Opequon Plant by 0.15 Water supply will be provided by way of an eight inch water line along the north side of Senseny Road that adjoins the subject site. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system. Water demand of this project is estimated to be 3,850 gallons per day. C. Community Facilities 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 823,290.00 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 #11-06 Abram's Chase October 13, 2006 Page 7 5) Proffer Statement— Dated March 1, 2006 and Revised August 21, 2006 A) Generalized Development Plan The applicant has proffered to develop the property in substantial conformance with the GDP provided in the rezoning application. B) Residential Land Use The applicant proffers to develop a maximum of 14 single family detached residential units on small lots. Staff Note: With the single family small lot designation, this project could develop lots as small as 3, 750 square feel. C) Recreational Amenities The applicant proffers to develop a community recreational area that will be located as shown on the GDP. This area will contain tot lot equipment valued at a minimum of $35,000, park benches, and an asphalt pedestrian walkway. The recreational amenities provided with this proffer are in -lieu of a community center building if waived by the Board of Supervisors. Staff Note: As stated in the last sentence of the proffer, in order to implement this proffer, the applicant would need to apply for and receive a waiver of the community center requirement for single family small lot developments per §165- 64A(1) of the Frederick County Zoning Ordinance. This waiver would need to be sought during Master Development stage. Staff Note: The $35,000 amount included in the proffer is the prorated amount for the community center should the Board of Supervisors waive the recreational community center and allow the applicant to prorate the requirement of three recreational units for each 30 dwellings. If the waiver is not granted by the Board, the applicant would be required to provide a community center. The inclusion of this proffer is not appropriate since it is limiting the dollar amount ofthe recreational unit (if the project is not built immediately the dollar amount per recreational unit is limited, even if the recreational unit amount increases per county requirements). It seems inappropriate to discuss recreational values at this point since the community center is not permitted for consideration until the MDP phase. D) Transportation Enhancements 1. The applicant will construct a right -turn and taper lane within the public right -of -way that connects Parkwood Drive to the cul -de -sac serving the property. This improvement shall be bonded and constructed concurrently with the internal cul -de- sac serving the property. 2. The applicant will dedicate right-of-way sufficient to provide for 45 feet from the Rezoning 1 1 Abrams Chase October 13, 2006 Page 8 existing Senseny Road centerline of record to allow for future road improvements by others. 3. The applicant proffers to provide $1,000 for each residential lot that will be paid to Frederick County at the time of building permit issuance. This monetary contribution is available to Frederick County to be used towards future improvements to the Senseny Road corridor. Staff Note: It is noted that recent single family rezonings in this area have provided a transportation proffer of $5,000 per dwelling unit (Senseny Road Rentals, Senseny Village) to help witlt road improvements as well as a proffer to construct the Senseny Road expansions on their property (Orrick, Seuseny Road Rentals). E) Monetary Contribution A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time each residential lot is platted, is proffered in an effort to mitigate the impacts associated with this development on community facilities. 6) Waivers The applicant has requested that the Board of Supervisors provide this development with a waiver of the community center requirement for single family small lot developments in accordance with §165-64A(1) of the Frederick County Zoning Ordinance. This section of the ordinance allows the Board of Supervisors to waive the community center requirement in single family small lot subdivisions that contain less than 25 lots. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: While the land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan, this application fails to address and mitigate various issues of transportation and recreation. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. Specifically, this applicant has not addressed the Senseny Road improvements, the construction of a bike /pedestrian facility and the recreational requirements of this development. The applicant should be prepared to address theses issues. Please note that two recommendations are required for this application, one for the waiver and one for the rezoning. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/20/06 MEETING: Members of the Commission asked the applicant if he had considered an inter parcel connector at the cul -de -sac to the east or the possibility of acquiring the vacant lot on Parkwood Circle for an inter parcel connector. The applicant replied that not only was there a drainage area through the location to the east, but it would compromise the area they had planned for their recreational amenities; he said the other open area on the site was designated for stormwater detention. The applicant said he had not pursued the possibility of purchasing the vacant lot on Parkwood Circle. Rezoning 1411-06 Abram's Chase October 13,2006 Page 9 Considering how much of the property was within a floodplain, a member of the Commission raised the possibility that housing sites could be lost or the road location may have to be moved. The applicant responded that the results ofa site distance study they conducted eliminated any leeway in the location of the road. The applicant assured the Commission that a wetlands study would be conducted at the MDP stage, as requested by the County's engineer. One citizen spoke in opposition to the rezoning; she did not believe the proposed development supported the County's vision for good planning. She did not think this site, nor the other surrounding vacant parcels, should be a continuation of the less- than desirable type of development this area has been experiencing. The Planning Staff pointed out that the inter parcel connection is required by the zoning ordinance and was a non debatable issue, unless waived by the Board of Supervisors. Staff noted that the ordinance also requires a waiver of the community center to be done at the MDP or subdivision stage. In addition, Staff noted the inappropriateness of the applicant adjusting the cash proffer contribution at this point in the process. Regarding the entrance separation along Senseny Road, Staff commented that the 200 feet proposed by the applicant did not meet the desired separation of 500 feet, which is recommended in VDOT's subdivision design manual. Commission members said they were having difficulty finding any redeeming values in the proposal from a planning standpoint. They were concerned this project may set a precedent for similar developments in this area. They were concerned about the possibility of having six cul -de -sacs within a 1,200 -foot distance, each with 134 trips per day, along Senseny Road, which already had traffic problems. Although there were questions whether approving this rezoning represented good planning, a concern was raised about the future of this particular area, which seemed to be a conglomeration of small parcels. The question of how the parcels in this area could be integrated to create good planning was raised. The possibility of a solution through the UDA Study was suggested. Members of the Commission wanted to give the applicant more time to address some of the issues in order to make the project work. By a majority vote, the Commission tabled the rezoning for 90 days. YES (TO TABLE): Unger, Watt, Manuel, Morris, Oates, Light, Wilmot, Kriz, Triplett, Kerr, Mohn NO: Thomas (Note: Commissioner Ours was absent from the meeting.) REZONING APPLICATION #11 -06 ABRAM'S CHASE Staff Report for the Planning Commission Prepared: September 5, 2006 Staff Contact: Candice E. Perkins, Planner 11 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist then 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 September 20, 2006 October 11, 2006 Action Pending Pending PROPOSAL: To rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 14 single family detached residential units on small lots. LOCATION: The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65 -A -27A and 65 -A -28A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) West: RA (Rural Areas) Use: Use: Use: U se: PROPOSED USES: 14 single family small lot homes (4.3 units /acre density) Lynnehaven Subdivision Open Space Agricultural Parkwood Manor Subdivisions Residential Rezoning #11-06 Abram's Chase September 5, 2006 Page 2 REVIEW EVALUATIONS: Fire Marshal: Plan approval recommended. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision rezoning application dated March 1, 2006 addresses 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 General Manual, Sixth Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Greenwood Volunteer Fire Company: Agreed to. Public Works Department: Refer to Wetlands, Page 3: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100 -year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100 -year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two years. Therefore, we recommend that curbside trash pickup be provided by the developer or I -tome Owners' Association. This requirement should be included in the analysis and proffer statement. Frederick- Winchester Service Authority: There is adequate water and sewer capacity to serve this rezoning request. Sanitation Authority: No comments. Department of Parks Recreation: As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved, an appropriate value for recreational amenities must be determined. The proposed asphalt walkway to adjacent property should meet Frederick County Standards. Plan appears to offer the appropriate amount of open space. The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 14 single family homes will yield two high school students, two middle school students and five elementary school students for a total of nine new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments Rezoning 411-06 Abram's Chase September 5, 2006 Page 3 nearing or exceeding the practical capacity for a school. Even with only nine 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 school facilities to accommodate increased student enrollments. Winchester Regional Airport: While the proposed development lies within the airport[s Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a fonn to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. Proffer A provides that the property will develop in substantial conformity with the attached Generalized Development Plan (GDP). The GDP was not attached to the copy of the Proffer Statement provided to me. Therefore, this review is provided without a review of the GDP. 2. Proffer B limits the dwelling units to "14 single family detached residential dwelling units on small lots It is assumed that this is a reference to the "single family small lot" type of development identified in Section 165 -65F of the Zoning Ordinance. 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as community recreational facilities in lieu of a community center, of the community center is waived by the Frederick County Board of Supervisors. However, my review of Section 165- 64(A)(1) indicates that the Board of Supervisors can waive the community center requirement of Section 165 -64(A) in proffered age- restricted single family small lot subdivisions that contain less than 50 lots. However, there is nothing in the proffer provided to me to indicate that this development is to be an age- restricted development. Accordingly, I question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. 4. Proffers D(1) and D(2) provide for the construction of a right turn and taper lane and for the dedication of right -of -way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. In Proffer E the first clause is redundant and should be deleted. The proffer should commence as the other proffers have commenced with the language "the Applicant will pay... It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. 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 I -IRAB. 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. Planning Department: Please see attached leper dated April 12, 2006 from Candice E. Perkins, Rezoning #I 1 -06 Abram's Chase September 5, 2006 Page 4 Planner 11. 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 neap 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. Parcels 65 -A -27A and 65 -A -28A maintain 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 -11 Land Use The parcels comprising this rezoning application are 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. 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 indicated on the Generalized Development Plan. Rezoning #11-06 Abramn's Chase September 5, 2006 Page 5 3) Site Suitability /Environment 4) Potential Impacts A. Transportation The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Looms and Weikert -Berks Channery Silt Loams. Traffic Impact Analysis. The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the 1TE Trip Generation Manual, the fourteen lot single family detached residential project will generate approximately 134 vehicle trips per day. Senseny Road in this area has a variable right -of -way. The applicant has proffered to dedicate necessary right -of -way as well as build a right turn and taper lane within the Senseny Road right -of -way. Staff Note: The applicant has proffered to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road centerline. This project should be implementing the Senseny Road expansion plans (proposed four lanes), including construction of the additional lane and curb and gutter along the frontage of their site. The inclusion of the right tarn taper lane should be in addition and outside of the road expansion area. This rezoning has not addressed this improvement. Transportation Program. The applicant will be constructing a new street to provide access to the fourteen lot subdivision which will traverse through the center of the subject site. The location of the access point onto Senseny Road is approximately two hundred feet from the closest road, Parkwood Drive. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of $1,000.00 per residential lot to address transportation general needs in the vicinity of this project. Staff Note: It is noted that recent single family rezonings in this area have provided a transportation proffer of $5,000 per dwelling unit (Senseny Road Rentals, Senseny Village) to help with road improvements as well as a proffer to construct the Senseny Road expansions on their property (Orrick, Senseny Road Rentals). This rezoning proposal has not addressed the transportation impact similar to other recent rezonings. Recent projects along Senseny Road have proposed the construction of additional lanes along Senseny Road as well as the implementation of a ten 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. While this project has reserved the right -of -way for Senseny Road, it has not proffered to construct the road improvements (improvements to be completed by others) and has not proposed the inclusion of a ten foot path as requested. Staff Note: This project also does not provide an interparcel connection to the adjacent Capital facility Single Family Fire and Rcscue $720 General Government $320 Public Safety $658 Library $267 Parks and Recreation $2,136 School Construction $19,189 Total $23,290 Rezoning #11-06 Abram's Chase September 5, 2006 Page 6 B. Sewer and Water Staff Note: This project also does not provide an interparcel connection to the adjacent property to the west which could facilitate additional entrances onto Senseny Road should those parcels choose to redevelop in the fixture. The cul -de -sac associated with this project should stub out to the western lot or a connection from this road should be provided. Presently sewer service is available via an eight inch main that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant. The proposed 14 lot development would add approximately 3,100 gallons per day to the public sewer conveyance system, increasing the demand at the Opequon Plant by 0.15 Water supply will be provided by way of an eight inch water line along the north side of Senseny Road that adjoins the subject site. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system. Water demand of this project is estimated to be 3,850 gallons per day. C. Community Facilities 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 facility taken from the Development Impact Model. Rezoning #I 1 Abram's Chase September 5, 2006 Page 7 5) Proffer Statement Dated March 1, 2006 and Revised August 21, 2006 A) Generalized Development Plan The applicant has proffered to develop the property in substantial conformance with the GDP provided in the rezoning application. 8) Residential Land Use The applicant proffers to develop a maximum of 14 single family detached residential units on small lots. C) Recreational Amenities The applicant proffers to develop a community recreational area that will be located as shown on the GDP. This area will contain tot lot equipment valued at a minimum of $35,000, park benches, and an asphalt pedestrian walkway. The recreational amenities provided with this proffer are in -lieu of a community center building if waived by the Board of Supervisors. StaffNote: With the single family small lot designation, this project could develop lots as small as 3,750 square feet. Staff Note: As stated in the last sentence of tlee proffer, in order to implement this proffer, the applicant would need to applyfor and receive a waiver of the community center requirement for single family small lot developments per §165- 64A(1) of the Frederick County Zoning Ordinance. This waiver would need to be sought during Master Development stage. Staff Note: The $35,000 amount included in the proffer is the prorated amount for the community center should the Board of Supervisors waive the recreational community center and allow the applicant to prorate the requirement of three recreational units for each 30 dwellings. If the waiver is not granted by the Board, the applicant would be required to provide a community center. The inclusion of this proffer is not appropriate since it is limiting the dollar amount of the recreational unit (if the project is not built immediately the dollar amount per recreational unit is limited, even ift lhe recreational unit amount increases per county requirements). It seems inappropriate to discuss recreational values at this point since the community center is not permitted for consideration until the MDP please. Transportation Enhancements 1. The applicant will construct a right -turn and taper lane within the public right-of- way that connects Parkwood Drive to the cul -de -sac serving the property. This improvement shall be bonded and constructed concurrently with the internal cul -de- sac serving the property. Rezoning #11-06 Abram's Chase September 5, 2006 Page 8 2. The applicant will dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road centerline of record to allow for future road improvements by others. 3. The applicant proffers to provide $1,000 for each residential lot that will be paid to Frederick County at the time of building permit issuance. This monetary contribution is available to Frederick County to be used towards future improvements to the Senseny Road corridor. Staff Note: It is noted that recent single family rezonings in this area have provided a transportation proffer of $5,000 per dwelling unit (Senseny Rond Rentals, Senseny Village) to help with road improvements as well as a proffer to construct the Senseny Road expansions on their property (Orrick, Senseny Road Rentals). 13) Monetary Contribution A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time each residential lot is platted, is proffered in an effort to mitigate the impacts associated with this development on community facilities. 6) Waivers The applicant has requested that the Board of Supervisors provide this development with a waiver of the community center requirement for single family small lot developments in accordance with 165- 64A(1) of the Frederick County Zoning Ordinance. This section of the ordinance allows the Board of Supervisors to waive the community center requirement in single family small lot subdivisions that contain less than 25 lots. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: While the land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan, this application fails to address and mitigate various issues of transportation and recreation. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. Specifically, this applicant has not addressed the Senseny Road improvements, the construction of a bike /pedestrian facility and the recreational requirements of this development. The applicant should be prepared to address theses issues. Please note that two recommendations are required for this application, one for the waiver and one for the rezoning. 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. HARVEST 'PROPERTIES, INC. "PROJECT ACCOUNT' 320 HANDLEY BLVD. WINCHESTER, VA 22601 A72 1 I/ SI-737r P_A97&"="7 THE MARATHON BANK FOR PO Box 28, St 4-5 nu 22655 00000 I. 7 20 17.0 L 110 5 3 2 La: DATE ES