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Home My WebLink About11-06 Adjoining Owner ListDecember 27, 2006 TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #1 1 -06 FOR ABRAM'S CHASE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 10, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #11 -06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 14 single family homes on small lots. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65 -A -27A and 65- A -28A. Any interested parties having questions or wishing to speak may attend this public.hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665 -5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner 11 CEP /bad NOTIFICATION OF PUBLIC HEARING 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 This is to certify that the County, Virginia: 65 A- 27 -A HARVEST COMMUNITIES, INC 147 CREEKSIDE LN WINCHESTER, VA 22602 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 tcQP 65 -A- 15- ANDERSON FARM, LLC CIO BARBARA M HUMMER PO BOX 2145 WINCHESTER, VA 22604 65 -A- 25 -B BYERS, ROBERT J LINDA S 2159 SENSENY RD WINCHESTER, VA 22602 -8901 65 A- 26 -A LAMBERT, EDWIN L SR VIRGINIA C PO BOX 2657 WINCHESTER, VA 65B 9- 7- G0LI0, JOSEPH 123 PARKW000 CIR WINCHESTER, VA 22604 -1857 22602.6730 attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick 65B -9- 7-A WARD, WILLIAM R. JR. PO BOX 2071 WINCHESTER, VA 65B 9- 8- KENNEY, BRIAN E DIANE M 109 PARKW000 CIR WINCHESTER, VA 658 9- 9- JUAREZ-VELASQUEZ, JOSE B 105 PARKWOOD CIR WINCHESTER, VA 65B 9- 10- CHILDS, DONNA L 101 PARKWOOD CIR WINCHESTER, VA NOTARY PUBLIC 22604.1271 22602 -6730 22602 -6730 22602-6730 'AAA 11 Candice E. Perkins, lanner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I iG ‘5 052 a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated O/a7 /U(o has personally appeared before me and acknowledged the same in my State and County aforesaid. 1 Given under my hand this a 77 day of CJe caw+1 6 0 4 c 00 6 My commission expires on (D C v 0200 A iwa at& December 8, 2006 TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11 -06 FOR ABRAM'S CHASE On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, December 20, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #11 -06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 14 single family homes on small Tots. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65 -A -27A and 65- A -28A. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665 -5651. You can also visit us on the web at: www.co.frederick.va.us. Candice E. Perkins Planner 11 CEP /bad NOTIFICATION OF PUBLIC MEETING Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601.5000 COUNTY of FREDERICK This is to certify that the attached correspondence was mailed to the following on C.2 from the Department of Planning and Development, Frederick County, Virginia 65 A- 27 -A HARVEST COMMUNITIES, INC 147 CREEKSIOELN WINCHESTER, VA 22602 Grcenway Engineering 151 Windy Hill Lane Winchester, VA 22602 65 A- 15- ANDEFISOM FARM, LC CIO BARBARA M HUMMER PO BOX 2145 WINCHESTER, VA 22604 PO BOX 2657 WINCHESTER, VA 65B 9- 7- G0LI0, JOSEPH 123 PARKW00D CIR WINCHESTER, VA My commission expires on 65 A- 25 -B BYERS, ROBERT J LINDA S 2159 SENSENY RD WINCHESTER, VA 22602 -8901 65 A- 26-A LAMBERT, EDWIN L SR VIRGINIA C 226041857 22602-6730 P" Given under my hand this ti day of 65B 9- 7 -A WARD, WILLIAM R. JR. PO BOX 2071 WINCHESTER, VA 65B 9- 8- KENNEY, BRIAN E DIANE M 109 PARKW00D CIR WINCHESTER, VA 65B 9- 9- JUAREZ-VELASOUEZ, JOSE B 105 PARKW00D CIR WINCHESTER, VA 65B 9- 10- CHILDS, DONNA L 101 PARKWOOD CIR WINCHESTER, VA NOTARY PUB IC 22604-1271 226026730 22602 -6730 Ljt Candice E. Perkins, Planner II Frederick County Planning Dept. 22602-6730 STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do j eby certify that Can ce E. Perkins, Planner II for the Dep m nt of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. September 6, 2006 TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11 -06 FOR ABRAM'S CHASE At l 1 rt d 4:' all a {Bair 1 ild&1„°g On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 20, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #11 -06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 14 single family homes on small lots. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65 -A -27A and 65- A -28A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665 -5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner Il CEP /bad NOTIFICATION OF PUBLIC HEARING Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK This is to certify th. the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 65 A- 2114 HARVEST COMMUNITIES, INC 147 CREEKSIDE LN WINCHESTER, VA 22602 65 -A- 15- ANDERSON FARM, LLC CIO BARBARA M HUMMER PO BOX 2145 WINCHESTER, VA 22604 65 -A- 25 -B BYERS, ROBERT J LINDA S 2159 SENSENY RD WINCHESTER, VA 65 A- 26 -A LAMBERT, EDWIN L SR VIRGINIA C PO BOX 2657 WINCHESTER, VA 65B 9- 7- GOLIO, JOSEPH 123 PARKWOOD CIR WINCHESTER, VA My commission expires on 22602 -8901 22604 -1857 STATE OF VIRGINIA COUNTY OF FREDERICK 22602 -6730 Given under my hand this day of 3l 65B 9- 7-A WARD, WILLIAM R. JR. PO BOX 2071 WINCHESTER, VA 65B -9- 8- KENNEY, BRIAN E DIANE M 109 PARKWOOD CIR WINCHESTER, VA 65B 9- 9 JUAREZ- VELASQUEZ, JOSE B 22604-1271 226026730 105 PARKWOOD CIR WINCHESTER, VA 22602 -6730 65B -9- 10 CHILDS, DONNA L 101 PARKWOOD CIR WINCHESTER, VA 2' Canice 1.. Perkins, Planner II Frederick County Planning Dept. c,L ,d oaf 22602-6730 I, Mt a Notary Public in and for the State and County aforesaid, do ,i'ereby certify that r ndice E. Perkins, Planner Il for the D pa, ment of Planning and Development, whose name is signed to the foregoing, dated 6 /QO has personally appeared before me and acknowledged the same in my State nd County aforesaid. NOTARY 1 UBLIC PARCEL ID NUMBER USE ZONING 55K- 1 -1 -24A Open Space RP 65 -A -15 Agricultural RA 65 -A -25B Residential RA 65 -A -26A L/ 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 •BARBARA -DATA PROCESSING �`ld 4 65 r7.4j 471 FROM:BEV Planning Dept. Please print `f sets of labels by 5. The Code of Virginia allows us to request fu, g 1p6 THANKS 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. &vit./4w jeleat--ea,* PARCEL ID 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 er mil fL6C ¶S C/1 B •:BARBARA -DATA PROCESS G 65 -R 4/71 FROM:BEV PI nning Dept. Please pr sets of I by 6 THANKS! 5. The Code of Virginia allows us to request ful 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. O saZ)LA-& feetattfA5171< C -5- (Commissioner Ours was absent from the meeting.) Rezoning #11 -06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) to RP (Residential Performance) District with proffers for 14 single family homes on small lots. This property fronts on the north side of Senseny Road (Rt. 657), adjacent to the Parkwood Manor Subdivision. The property is further identified with P.I.N. 65 -A -27A and 65 -A -28A in the Red Bud Magisterial District. Action Tabled for 90 Days Planner Candice E. Perkins reported that the Abram's Chase application is a request to rezone 3.25 acres to the RP (Residential Performance) District to accommodate 14 single- family, small -lot units with an overall density of 4.3 units per acre. Ms. Perkins said the site is within the Eastern Frederick County Long Range Land Use Plan as proposed residential and is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (S WSA). Ms. Perkins next summarized the proffer statement submitted by the applicant. She noted that the recreational amenities provided with the proffer were in -lieu of a community center building, if waived by the Board of Supervisors. She commented that staff believed this proffer is inappropriate because a waiver cannot be sought for the community center until the master development plan (MDP) stage of the process. Ms. Perkins also reported that staff has identified a number of issues that still need to be resolved by the applicant. Specifically, this application has not addressed the Senseny Road improvements, the construction of a bike /pedestrian facility, inter parcel connections, monetary proffers, and the recreational requirements of the development. Mr. Evan A. Wyatt with Greenway Engineering was representing the property owner, Harvest Communities, Inc., in this rezoning application. Mr. Wyatt said that regarding the inter -parcel connectivity, the adjoining developments have been designed in such a fashion where connectivity is not conducive for roads like Park Circle or the roads in their project. Regarding the Senseny Road improvements, he said they were willing to construct both an additional travel lane along the frontage of their property, as well as a turn/taper lane; however, the construction of these improvements would necessitate them eliminating their previous proffer of $1,000 per unit under Transportation Enhancements. Mr. Wyatt said since the north side of Senseny Road has now been established as the County's designated area for the bicycle/ pedestrian facility, they would be willing to construct the ten -foot asphalt pedestrian trail within their road efficiency buffer. He added that they were also willing to amend their proffer statement to reflect the new fiscal impact model amount that was recently adopted by the Board. Commissioner Unger asked Mr. Wyatt about the possibility of doing an inter -parcel connector at the cul -de -sac to the east, in case that area would develop in the future. Mr. Wyatt pointed out a drainage area through that particular location; he said it could be difficult and expensive to build a road system through there especially for the few parcels it would benefit. In addition, he said it would compromise the area where they planned to place their recreational amenities. He also pointed out that the other open area on the site was designated for their stormwater detention. Commissioner Kerr inquired if the vacant lot on Parkwood Circle could possibly be acquired to tie into Parkwood Circle. Mr. Wyatt said they had not looked into that possibility. Commissioner Oates commented that the wetlands study within the application involved simply examining the County's GIS database, which in his experience, was lacking. Commissioner Oates asked Mr. Wyatt if he had a professional look at the wetlands, since a considerable amount of this property was within the Frederick County Planning Commission Page 1858 Minutes of September 20, 2006 -6- floodplain. Mr. Wyatt said they assumed the low area of the property will have wetlands; he said the County Engineer is requesting a wetlands delineation study to be submitted with the MDP. Commissioner Oates said that if the wetlands go far enough to the west, the applicant may lose an entire block of housing below the road; he said the applicant may have to think about moving the road and placing homes just on one side. Mr. Wyatt said that as a result of a site distance study they conducted, the location of the road is pretty much set. Mr. Wyatt assured the Commission the wetland delineation study will be conducted, if the rezoning is approved. Chairman Wilmot asked Mr. Wyatt if the parcel remaining on Senseny Road was a residence; she asked if there was an opportunity for that lot to tie into this project's road. Mr. Wyatt replied there was a mobile home on the site. Mr. Wyatt said they would not have a problem, if the owner desired to do that. He said they could grant them an access easement to do so. Chairman Wilmot next called for public comments. Ms. JoAnn Leonardis, a resident of the Red Bud District, came forward to speak in opposition to this rezoning. Ms. Leonardis said that just because there is a similar development next door, does not mean there should be another one like it and it doesn't mean it is the right thing. She said that just because there are other neighborhoods without connectivity, does not mean another one should be built. Ms. Leonardis said the Planning Department's web site gives ten principles for smart growth and the first one is to create a shared vision of the future; she questioned whether the proposed development supported the County's vision for the future. She noted there was a considerable amount of vacant land adjoining this project and across Senseny Road; she questioned what would be proposed for those areas. Ms. Leonardis said there has been discussion about urban centers and planning for the future; she asked if the 14 homes proposed here was good planning. She noted the second principle for smart growth was to identify and sustain green infrastructure; she suggested the wetlands here be made into something beautiful, with a public place and pedestrian paths. There was no one else wishing to speak and Chairman Wilmot closed the public comment portion of the meeting. Planning Director, Eric R. Lawrence, stated that the inter -parcel connection is required by an ordinance adopted by the County in approximately June of 2005 and is not a debatable issue. Mr. Lawrence said this issue will have to be addressed, unless the inter parcel connection is waived by the Board. Mr. Lawrence stated it was also not appropriate for the applicant to adjust the cash proffer contribution at this point in the process; he said when an applicant submits a rezoning application to the county for consideration, that is the model to be considered. Regarding the issue of the waiver of the community center, Mr. Lawrence said the ordinance states the waiver is sought at the MDP stage; however, if there is no required MDP, it is done at the subdivision stage. He explained that the Board of Supervisors will see either the MDP or the subdivision and that is the level where consideration of the waiver should be taken. In addition, Mr. Lawrence addressed the issue of the entrance separation along Senseny Road; he said the VDOT subdivision design manual recommends a 500 foot separation; therefore, the 200 foot proposed certainly does not meet the desired separation. Commissioners said they were having difficulty finding any redeeming values in the proposal from a planning standpoint. They were also concerned this project may set a precedent for similar developments. The possibility of having six cul -de -sacs within a 1,200 -foot distance, each with 134 trips per day, was reason enough for concern, let alone the existing traffic problems along Senseny Road. They questioned whether approving this rezoning as presented would be good planning for Frederick County. Commissioner Mahn believed all of the comments made were a good representation of where the County would like to proceed with development in the UDA. However, he was concerned about the next step for this particular area, which seemed to be a conglomeration of small parcels. He said this area is within the UDA Frederick County Planning Commission Page 1859 Minutes of September 20, 2006 -7- and it is planned for residential; he questioned how these parcels will be integrated to create good planning. In fairness to the property owners, he said the County may be waiting a long time for land to assemble and come up with a solution. He suggested the County may be able to help, through the UDA Study, with identifying what the alternative could be and making sure it functions properly. Commissioner Kerr said he would like to see the applicant be given more time to address some of the issues because he believed there was a way to make this project work. He said he didn't support the project as it was presented, but, unfortunately, it is an in -fill situation, which makes it difficult. Commissioner Kerr suggested that the applicant be given the opportunity to go back and address the issues that were raised. Upon motion made by Commissioner Kerr and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby agree to table Rezoning #11-06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) to RP (Residential Performance) District, for 90 days, in order to give the applicant time to address the issues raised. The vote was as follows: 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 #10 -06 of Albin Center, submitted by Artz Associates, to rezone 2.07 acres from RA (Rural Areas) District to B2 (Business General) District with proffers for commercial use. The property is located on the east side of Bryarly Road (Rt. 789), approximately 800 feet south of the intersection with Burnt Church Road (Rt. 678). The property is further identified by P.I.N. 42 -A -249 in the Gainesboro Magisterial District. Action Recommended Denial Commissioner Manuel said he would abstain from all discussion and voting on this rezoning, due to a possible conflict of interest. Senior Planner Susan K. Eddy reported that the applicant proposes to construct a two -story building with 25,000 square feet of floor space and a building height of 60 feet on a vacant site. Ms. Eddy said all of the properties surrounding this site are zoned RA (Rural Areas). She said the site is located outside of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Ms. Eddy said the site is within the Albin Rural Community Center of the Comprehensive Policy Plan. Although the Comprehensive Plan was not specific regarding policies for the Albin Rural Community Center, there were some general policies, which she read for the Commission. One in particular said to promote "village commercial development at a scale and nature that is appropriate for the rural community center." She said typically, expected uses would be general store, bank, and restaurant in a rural community center; however, in this case, the proposal is for office use, which is not necessarily designed to serve the local community. She added that the height and size of the structure will be out of character and overwhelm its surroundings. She further added that the buildings in the Albin Rural Community Center are approximately 25 feet in height with an average of 2,000 square -feet of floor Frederick County Planning Commission Page 1860 Minutes of September 20, 2006 DESCRIPTION OF REQUEST. (Write additional info C thlIPS p /ti s 40574i-0294 .?(if DIGITAL: PAPER: FAX: SIZES: COLOR STAFF MEMBER COMPLETION DATE: MATERIALS: DEPT. OF GEOGRAPPIIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA sit GIS, MAPPING, GRAPHICS WORK REQUEST 0 OtA6 DATE RECEIVED: REQUES 1 ED COMPLETION DATE: ue Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665 -5651) REQUESTING AGENT: .der Department, Agency, or Company: Mailing and/or Billing Address Telephone: FAX: E -mail Address: ESTIMATED COST OF PROJECT: III .n £QapN /aJ_ g -oo A S d i/ast P ws 6s -f d74 6S- A- -.224 •r�i BLACK/WHITE: NUMBER OF COPIES: HOURS REQUIRED DATE OF PICK- UP/DELIVERY: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.#