HomeMy WebLinkAbout13-06 ApplicationNovember 16, 2006
Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONING #13 -06, SENSENY VILLAGE
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of November 8, 2006. The above referenced application was approved for the revision to
the Generalized Development Plan (GDP) and proffer pertaining to the construction of Rossum Lane
(Route 736). The subject properties are located on the south side of Rossum Lane and Twinbrook Circle
(Route 867), and are identified with Property Identification Numbers 6 -A -49B and 65 -A -55 in the Red
Bud Magisterial District. Nos
The proffer that was approved as a part of this rezoning application is unique to this property and is
binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Candice E. Perkins
Planner 11
CEP /bad
Attachment
COUN
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
cc: Quinnelly Group, LLC, 22A Ricketts Dr., Winchester, VA 22601
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
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
North:
South:
East:
West:
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Planning Commission:
Board of Supervisors:
REZONING APPLICATION #13 -06 (Revision to Rezoning #04 -05)
SENSENY VILLAGE
Staff Report for the Board of Supervisors
Prepared: October 26, 2006
Staff Contact: Candice E. Perkins, Planner 11
Reviewed
10/18/06
11/8/06
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBERS: 6 -A -49B and 65 -A -55
PROPERTY ZONING: RP (Residential Performance) District.
PRESENT USE: Residential and unimproved.
ADJOINING PROPERTY ZONING PRESENT USE:
RP (Residential Performance)
RA (Rural Areas)
RP (Residential Performance)
RA (Rural Areas)
RP (Residential Performance)
Use:
Use:
Use:
Use:
Action
Recommended Approval
Pending
PROPOSAL: Revision to the Generalized Development Plan (GDP) and proffer pertaining to the
construction of Rossum Lane (Route 736).
LOCATION: The property is located on the south side of Rossum Lane (Route 736) and Twinbrook
Circle (Route 867).
Residential
Residential/ Unimproved
Residential
Vacant
Residential
PROPOSED USES: 285 residential units (112 Single Family Homes and 173 Townhomes) on 73.79
acres at a density of 3.86 units per acre.
Rezoning #13 -06— Senseny Village
October 3, 2006
Page 2
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies both
parcels as being zoned A -2 Agricultural. In 1981 Frederick County approved a request (RZ001-
81) to rezone the parent tract of 65- A -49B, 65 -A -49, from A -2 (Agricultural General) to R -3
(Residential General). Subsequently, the residential zoning classifications were consolidated
into the RP (Residential Performance) zoning district. Consequently, Parcel 65 -A -49B
maintains the RP zoning classification. 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 properties and all other A -1 and A -2 zoned land to
the RA (Rural Areas) District. Parcel 65 -A -55 maintains this RA zoning classification. The
Board of Supervisors approved Rezoning #04 -05 on August 24, 2005 which rezoned parcel 65-
A -49B to the RP District with proffers and revised the proffers associated with parcel 65 -A -55.
2) Generalized Development Plan
The applicant is requesting a revision to their GDP which was approved with Rezoning #04 -05
(a black and white copy of the previously approved GDP has been provided with this
application). The revised GDP provides for a modified road layout, revised location of the
centrally located townhouses and provides additional open space between the single family
homes in Senseny Village and the existing homes in Glenmont Village.
3) Proffer Statement
The applicant is requesting to revise Proffer C.3 regarding the improvements to Rossum Lane.
The proffers associated with Rezoning #04 -05 (August 2005) stated:
"The applicants hereby proffer to design and construct improvements to Rossum Lane
(Route 736), to meet VDOT minimum geometric and pavement design standards sufficient to
allow for two -way travel and on- street parking, and to include curb /gutter, street lights and
storm sewer, within the existing Rossum Lane right-of-way."
Rossum Lane will be the primary entrance into the Senseny Village development. At the time
of the rezoning in 2005, VDOT and Planning Staff believed that Rossum Lane had an existing
right -of -way width of 50 feet; the applicant has advised staff that Rossum Lane actually only has
a dedicated right -of -way width of 37 feet. The transportation proffer from Rezoning #04 -05
stated that on- street parking was to be provided; it has been discussed that a sidewalk would be
more beneficial. The proposed proffer revision (October 2006) would state:
"The applicants hereby proffer to design and construct improvements to Rossum Lane
(Route 736), to meet VDOT minimum geometric and pavement design standards sufficient to
allow for two -way travel, curb /gutter, street lights, storm sewer, and a sidewalk 14 feet in
width) located on the west side of Rossum Lane within the existing Rossum Lane right-of-
way."
A copy of the original proffers and a copy of the revised proffers have been included in your
agenda package. All of the other proffers associated with Rezoning #04 -05 for Senseny Village
remain unchanged.
Rezoning #13 Senseny Village
October 3, 2006
Page 3
PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/18/06 MEETING:
Commissioners had questions for the staff regarding the County's plans for identifying and locating the
centerline for Route 37, the associated surveying and alignment of Route 37, and how that would
coincide with the applicant's proffer to provide right -of -way for the dedication of the Alternative C
alignment.
Two residents of Glenmont Village spoke in favor of the revised GDP and rezoning. The first, a
resident along Glenridge Drive, said the modified plan was much better than the original plan submitted
a year ago; they said the revisions were more in line with what the residents of Glenmont Village
wanted, especially with regard to the tree -save area. The second resident, the Vice President of the
Glenmont Villager-10A, had positive comments about their association with the applicant on working
out all the details and concerns of the homeowners; they were pleased with the addition of the sidewalk
on Rossum Lane.
No other issues were raised and the Commission unanimously recommended approval of the rezoning
application, which included the revised GDP and proffers applicable to the road design.
(Note: Commissioners Unger, Manuel, Watt, and Mohn were absent from the meeting.)
STAFF CONCLUSIONS FOR 11/8/06 BOARD OF SUPERVISORS MEETING:
The subject property is presently zoned RP (Residential Performance), and the applicant is requesting to
revise the Generalized Development Plan and Proffers associated with rezoning #04 -05 to revise the
layout of the development and revise the transportation improvements. The GDP revision would
provide an alternative internal road network, modify the location of some of the townhouses and
provide additional open space adjacent to Glenmont Village. The transportation proffer revision would
allow for Rossum Lane to be constructed with a sidewalk rather than on street parking as required by
the previous rezoning.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
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REZONING
pll➢tie ilIGIliNa.
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,665 -5651
if
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
liidq iif l ur'hd'i nF at :1"21
completed bylPlannmg Stu ua t s (ty ylly e
'1 il ilF eeA mount Pai
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ar mgj Date ma, h t'a l� t E BOS, H eDate
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1. �fi! 1N 6 r I! ..a #n a =>v y�a.fi.d..'r2� as a �Y'�...i m
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The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Engineering Telephone: (540) 662 -4185
Address: 151 Windy Hill Lane Winchester, VA 22602
2. Property Owner (if different from above)
Name: Quinnelly Group LLC Telephone: (540) 723 -8980
Address: 22A Ricketts Drive
3. Contact person if other than above
Name: Greenway Engineering Telephone: (540) 662 -4185
Attn.: Evan Wyatt, AICP
4. Checklist: Check the following items that have been included with this
application.
Revised GDP X
Please list below all owners or parties in interest of the land to be rezoned:
SEP 2 6 2006
5. The Code of Virginia allows us to request full disclosure of ownership in
relation to rezoning applications.
PARCEL ID NUMBER
USE
ZONING
65B- ((7)) -10
Residential
RP District
65D- ((1)) -1
Residential
RP District
65D- ((2)) -4
Residential
RP District
65D- ((2)) -5
Residential
RP District
65D- ((2)) -6
Residential
RA District
65D- ((2)) -7
Residential
RP District
65D- ((2)) -8
Residential
RP District
65D- ((2)) -9
Residential
RP District
65D- ((2)) -10A
Greenspace
RP District
65D- ((3)) -4 -53
Residential
RP District
65D- ((3)) -4 -54
Residential
RP District
65D- ((3)) -4 -59A
Greenspace
RP District
65D- ((4)) -5 -71
Residential
RP District
65D- ((5)) -6 -76
Residential
RP District
65D- ((5)) -6 -77
Residential
RP District
65D- ((5)) -6 -78
Residential
RP District
65D- ((5)) -6 -79
Residential
RP District
65D- ((5)) -6 -80
Residential
RP District
Quinnelly Group LLC
6. A) Current Use of the Property: Residential and Undeveloped
B) Proposed Use of the Property:
7. Adjoining Property:
Residential Subdivision
65D- ((5)) -6 -81
Residential
RP District
65D- ((5)) -6 -82
Residential
RP District
65D- ((5)) -6 -83
Residential
RP District
65D- ((5)) -6 -84
Residential
RP District
65D- ((5)) -6 -85
Residential
RP District
65D- ((5)) -6 -86
Residential
RP District
65D- ((5)) -6 -87
Residential
RP District
65D- ((5)) -6 -88
Residential
RP District
65D- ((5)) -6 -89
Residential
RP District
65- ((A)) -50
Residential
RP District
65- ((A)) -54
Residential
RP District
65- ((A)) -56
Residential
RP District
65- ((A)) -57
Residential
RP District
65- ((A)) -60
Residential
RP District
65- ((A)) -62
Residential
RP District
65- ((A)) -63
Residential
RP District
65- ((A)) -70
Residential
RP District
65- ((A)) -86
Residential
RP District
65- ((A)) -65
Residential
RP District
65- ((A)) -71
Residential
RP District
65- ((A)) -68A
Residential
RP District
65B- ((6)) -38
Residential
RP District
65- ((A)) -72
Unimproved
RA District
65 -((A)) -1868
Residential
RA District
65- ((A)) -186J
Residential
RA District
65 -((A)) -190
Unimproved
RA District
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection. using road names and route number):
The 73.79 -acre site is located on the south of Rossum Lane (Route 736) and Twinbrook
Circle (Route 867).
Acres
Current Zoning
Zoning Requested
73.79
RP DISTRICT
Total Acreage to be rezoned
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.
8. Parcel Identification/Location: Parcel Identification Number 65- ((A)) -49B
65- ((A)) -55
Magisterial: Red Bud High School: Millbrook
Fire Service: Co 18, Greenwood Middle School: Admiral Byrd
Rescue Service: Co 18, Greenwood 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: 117 Townhome: 173 Multi Family 0
Non- Residential Lots: 0 Mobile Horne: 0 Hotel Rooms: 0
Office:
Retail:
Restaurant:
Information to be Submitted for Capital Facilities Impact Model
0
0
0
Districts
Number of Units Proposed
Square Footage of Proposed Uses
Service Station: 0
Manufacturing: 0
Warehouse: 0
Other 0
12. Signature:
1 (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. 1 (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s): E, l l
GreenwayEngineering E n Wyatt, A P
ate: 9 /2 -5/06
Special Limited Power of Attorney
County of Frederick, Virginia
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) Denver Quinnelly, manager /member of Quinnelly Group, LLC (Phone) (540) 662 -4164
(Address) 22A Ricketts Drive, Winchester, VA 22601
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. 050002909 on Page
Parcel: 65 Lot: 49B Block: A Section:
Parcel: 65 Lot: 55 Block: A Section:
do hereby make, constitute and appoint:
and is described as
Subdivision: Senseny Village
Subdivision: Senseny Village
(Name) Greenway Engineering (Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane, Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority 1 (we) would have if acting personally to file planning application for my (our) above described
Property, including:
Rezoning Generalized Development Plan modification
Conditional Use Permits
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This author' y ion shat expire one ye;t from the day it is signed, or until it is otherwise rescinded or
modified.
In witness there we)�j�j,: eto s (our) hand and seal this 2.5 day of $cpt. 200 G.
Signature(s)
State of Virgi ty /County of Frederick To -wit:
:1. L -VAli0 t4JF�L, a Notary Public in an °or the jurisdiction aforesaid. certify that the person(s) who
signed:fo the.foregging instrument and who I (are) known to me, personally appeared before me and has
"ack_nowledgid ttiesame b fore me in the jurisdiction aforesaid this 2$ day of.5&PT. 200 (v
My Commission Expires: /D. 3
Notary Public t