CPPC 08-08-11 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
TO: Comprehensive Plans and Programs Committee (CPPC)
FROM: Michael T. Ruddy, AICP, Deputy Director y/�
RE: August 8, 2011 Meeting
DATE: August 2, 2011
The Frederick County Comprehensive Plans and Programs Executive Committee (CPPC) will be
meeting on Monday, August 8, 2011 at 7:00 a.m. in the first floor conference room (purple
room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia.
The CPPC will discuss the following agenda items:
AGENDA
CPPA #01-11, Tasker Road - Parcel 86 — 11.35 acre change in Land Use Classification
from Institutional to Residential. The property is located on the east side of Tasker Road and
north of Rutherford Lane, approximately 0.7 miles south of I-81 exit 310 interchange.
This was the only CPPA amendment received this year by the June], 2011 deadline. The
Board of Supervisors directed this application to proceed through the planning process at
their July 27, 2011 meeting.
2. Other
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the building through the rear door of the four-story wing. Committee members and interested citizens
are encouraged to park in the County parking lot located behind the County Office Building or in the
joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
�71:1T11
107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000
ITEM #1
CPPA #01-11, Tasker Road - Parcel 86
Background.
The Planning Department received one Comprehensive Policy Plan Amendment (CPPA) request by
this year's June 1, 2011 deadline.
CPPA #01-11, Tasker Road - Parcel 86 — 11.35 acre change in Land Use Classification
from Institutional to Residential. The property is located on the east side of Tasker Road and
north of Rutherford Lane, approximately 0.7 miles south of I-81 exit 310 interchange in the
Shawnee Magisterial District.
In previous years, the Board of Supervisors has held a joint work session with the Planning
Commission to discuss the Comprehensive Policy Plan Amendment applications received. As there
is only one request this year, this request was addressed differently. The Planning Commission and
Board of Supervisors held their respective discussions on the request at regularly scheduled
meetings. Following the Commission's discussion and recommendation, the Board determined that
this request warrants additional study and formal action through the public hearing process.
The Board of Supervisors agreed with the consensus of the Commission to move forward with
the study of this request and to enable this to be done independent of the Senseny
Road/Eastern Frederick County Study.
Previously, the Comprehensive Plans and Programs Committee reviewed this request at their June
13, 2011 meeting and recommended that this CPPA request is incorporated into the Senseny
Road/Eastern Frederick County Land Use Study by way of an adjustment in the study boundary to
pick up this property. Subsequently, the Applicant requested that this request is considered
independent of the study effort to avoid any potential issues with the timing of the study effort.
CPPA Request.
The first step in the process is for the CPPC to study the request further and make a recommendation
to the Planning Commission. Following this initial meeting, staff will prepare a modification to the
Comprehensive Plan, for the CPPC's endorsement at your September meeting.
Current land use classification - Institutional
The Frederick County Zoning Ordinance defines institutional use as follows:
INSTITUTIONAL USE
A nonprofit or quasi -public use or institution, such as a church, library, public or private
school, hospital or municipally owned or operated building, structure or land used for
public purposes.
CPPC August 8, 2011
CPPA#01-11, Tasker Road — Parcel 86
August 2, 2011
Page 2
Proposed land use classification — Residential
The Frederick County Zoning Ordinance enables a broad variety of residential housing types
within the residential zoning districts. The 2030 Comprehensive Plan, Residential Development
Chapter, provides the following future focus for residential development. This future focus is
further guided by several policies and implementation methods.
FUTURE Focus
Future residential growth in Frederick County is anticipated to continue and expand. The County
must ensure that land use policies are established to adequately direct and shape that growth to
guarantee that it is positive for the community and located in areas that are capable of
accommodating that growth. While new residential growth is expected in both the rural areas and
the urban areas, new residential growth should be focused primarily with the urban areas of the
County. The UDA is better able to accommodate higher density growth and is able to provide public
services to those new residents.
The County should continue to establish policies which result in high quality residential
neighborhoods which are able to accommodate a growing population and expanding workforce.
Such residential development should be comprised of a mixture of housing types and lot sizes to
provide options for a range of lifestyles and incomes. The land use policies of the Urban Areas will
further guide this residential development and community growth.
In the Urban Area, the long-term livability of residential neighborhoods will be enhanced by
sustainable development practices that incorporate the principles of Neighborhood Design and Green
Infrastructure elements into the community.
Issues for consideration.
Transportation - Access to Tasker Road and Rutherford Lane.
Compatibility of Uses — Adjacent residential properties, commercial uses, and institutional uses.
Design Standards — Visibility from Tasker Road and Interstate 81 and integration with adjacent uses.
Potential Impacts — Impacts on resources, infrastructure, and community facilities.
CPPA # 01 - 11
Tasker Parcel - 86
PIN: 75-A-86
To Reclassify Parcel
from institutional use to residential use.
Patton Harris Rust & Associates Memorandum
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street
+ Winchester, Virginia 22601
PIL-j
T 540.667.2139
F 540.665.0493
To: Eric Lawrence, AICP, Director
Organization/Company:
From:
Date:
Project Name/Subject:
cc:
Frederick County Pjagning
Ron Mislowsky, E aIM
May 27, 2011
i 1
Comprehensive Policy Plan Amendment
Tasker Road, Parcel 86
Tax Map Parcel 75-A-86 of 11.4 acres lies on the east side of Tasker Road and north of Rutherford Lane,
approximately 0.7 miles south of the I-81 interchange 310. Water and sewer lines are within close proximity.
The site is bounded by commercial uses to the north and residential uses to the east. The lands to the south,
across Tasker Road, are vacant but zoned residential.
Currently, the comprehensive plan classifies the northern portion of this site as institutional, a designation
that extends to the north onto the Agape church site. Unfortunately, the owner can find no description of the
institutional use within the comprehensive plan.
We believe the best use of the property would be residential and ask that the Eastern Frederick County Long
Range Land Use Plan be revised to classify this parcel as such.
The owner has investigated the possibility of some type of commercial use on the property. However, the
considerable slope across the site, from west to east, make use of the site for a commercial or retail use
difficult especially when vacant commercial parcels, without grading challenges exist on both ends of Tasker
Road. The same site slope constraints would also restrict the feasibility of an institutional use, assumed to be
schools or churches.
We have attached the completed application and the required fee of $3,000.00. Additionally, please find two
exhibits. One represents the existing comprehensive plan classifications and the other depicts the revised
boundaries which are being requested.
We appreciate your acceptance of this application and look forward to a presentation before the
Comprehensive Plans and Programs Committee and then the Planning Commission and Board of
Supervisors.
Please let me know if you have any questions.
2011 COMPREHENSIVE POLICY PLAN AMENDMENT
INITIATION REQUEST FORM
(Please type all information. The application will not be deemed complete unless all items listed
below have been submitted.)
A. Owner(s) Information:
1. Name: Shawnee Village LC, c/o Dave Holliday Construction, Inc.
2. Project Name:
Tasker Road, Parcel 86
3. Mailing Address: 420 W. Jubal Earl Drive, Suite 103
Winchester, VA 22601
4. Telephone Number: (540) 667-5414
Authorized Agent Information:
1. Name: Patton Hams Rust & Associates
2. Project Name: Tasker Road, Parcel 86
3. Mailing Address: 117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
4. Telephone Number: (540) 667-2139
B. Legal interest in the property affected or reason for the request:
Owner requests clarification of appropriate use as identified on the current comprehensive plan to
guide future development.
3
C. Proposed Comprehensive Policy Plan amendment - please provide the following information.
1. FOR A MAP AMENDMENT
a.
7
PIN(s): 5-A-86
Magisterial District:
Shawnee
b. Parcel size (approximate acres):
11.35 Acres
C. Plat of area proposed for CPPA amendment, including metes and bounds description.
d. Existing Comprehensive Plan land use classification(s):
The northern portion of the site is classified Institutional. The remainder appears to be
unclassified.
e. Proposed Comprehensive Plan land use classification(s):
Residential
f. Existing zoning and land use of the subject parcel:
RA
g. What use/zoning will be requested if amendment is approved?
Currently the owner has no plans to rezone the property.
h. Describe, using text and maps as necessary, the existing zoning, Comprehensive
Policy Plan designations, and/or approved uses and densities along with other
characteristics of properties that are within:
• 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size;
See attached exhibits.
• V2 mile if 21 - 100 acres in size; or
• 1 mile if more than 100 acres in size.
Note: Colored maps cannot be duplicated in the Planning Department
i. The name, mailing address, and parcel number of all property owners within 200 ft. of
the subject parcel(s), with Adjacent Property Owners Affidavit (page 8).
4
2. FOR A TEXT AMENDMENT NA
a. Purpose and intent of amendment.
b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be
amended.
C. Proposed new or revised text.
Note: Please attach and sped text changes with additions underlined and deletions
crossed through.
d. Demonstrate how the proposal furthers the goals, policies/objectives, and action
strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the
amendment request and why proposed revisions to said goals, policies, and action
strategies are appropriate.
C. Demonstrate how the proposal is internally consistent with other Comprehensive
Policy Plan components that are not the subject of the amendment.
f. What level of service impacts, if any, are associated with the request?
5
3. FOR ALL AMENDMENTS
a. Justification of proposed Comprehensive Policy Plan amendment (provide
attachments if necessary). Describe why the change to the Comprehensive
Policy Plan is being proposed.
The institutional classification found to the north has no description within the comprehensive
plan. Due to the grades on the site which slope considerably from west to east, an extension
of commercial uses from the north, or an institutional use is not feasible. The best use of the
property would be an extension of the residential uses which lie to the east.
b. How would the resultant changes impact or benefit Frederick County. Consider, for
example, transportation, economic development and public facilities.
It would benefit the County to utilize lands within the UDA to their fullest extent possible. This
site is located within close proximity of the 1-81 310 interchange providing quick access to
medical and commercial uses located along VA Route 37 as well as libraries, schools and
parks located to the east and south. Sewer and water lines are located adjacent to the site.
Direct access to Tasker Road is not required as the site has frontage on Rutherford Lane,
VA Route 846.
Other information may be required by the Director of Planning, the Planning Commission, or Board
of County Supervisors during the review of the initiation request. The applicant will be notified, in
writing, if additional information is required.
All applications must also contain the following items:
1. Special Limited Power of Attorney Affidavit (see page 9 if parcels of land are
involved).
2. Non -Refundable Application Review Fee of $3,000 (payable to the Frederick County
Treasurer).
6
Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action
strategies which are applicable to individual Comprehensive Policy Plan amendment requests.
Signatures:
I (we), the undersigned, do hereby respectfully make application to and petition the Frederick
County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick
County officials to enter the property for site inspection purposes.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): V6'�-��`� Date:
1
Owner(s): A Date:
a r
V
Adjoining Property Owners
Tasker Road, Lot 86 — 2011 CPPA
Name
Address
Property
Identification Number (PIN)
Name:
Winifred W Hack ETALS c/o Hackwoods LLC
974 Tasker Road
Property
#:
75 A 78
Stephens City, VA 22655
Name:
John L Boyd
521 Tasker Road
Property
#:
75 A 78C
Stephens City, VA 22655
Name:
Gary D & Carolyn S Rutherford
163 Rutherford Lane
Property
#:
75 A 86A
Stephens City, VA 22655
Name:
The Hall Partnership 11 LLC
3763 Tasker Road
Property
#:
75 A 86C
Stephens City, VA
Name:
Agape Christian Fellowship
199 Agape Way
Property
#:
75 A 87C
Stephens City, VA 22655
Name:
Property
#:
Name:
Property
#:
Name:
Pro ert
#:
Name:
Property
#:
Name:
Property
#:
Name:
Property
#:
Name:
Property
#:
Name:
Property
#:
Name:
Property
#:
Name:
Property
#:
Attachment I
(TO BE COM-PLE T ED PV APPLICANT)
SUBJECT PROPERTY OWNERS AFFIDAVIT
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
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
STATE OF VIRGINIA
COUNTY OF FREDERICK
This SCJ day of "AV
(Day) (Month) ( Year)
I Patton Harris Rust & Associates
(Owner/Contract Purchase uthorized Agen
hereby make oath that the list of property owners of the subject site, as submitted with the
application, is a true and accurate list based on the information provided by the Frederick County
Commissioner of the Revenue Office as taken from the current real estate assessment records.
ntract urchase uthorized Ag
(circle one
COMMONWEALTH OF VIRGINIA:
County of s...
Subscribed and sworn to before me this '2- %)-ti day of I°i°'i ;r4 7�; , a 0 11 If, my
County and State aforesaid, by the forenamed Principal.
NOTARY PUBLIC
My Commission expires:
, $ 15.7q"?q.
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents: That I (We)
(Name) Shawnee Village LC c/o Dave Holliday Construction, Inc.
(Phone) (540) 667-5414
(Address) 420 W. Jubal Earl Drive, Suite 103, 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. 17570 on Page , and is described as
Tax Map Parcel 75-A-86
do hereby make, constitute and appoint:
(Name) Patton Harris Rust & Associates
Subdivision:
(Phone) (540) 667-2139
(Address) 117 E. Piccadilly Street, Suite 200, 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 applications for my (our) above described
Property, incl ding:
Rezoning (including proffers)
Conditional Use Permit
101aster Development Plan (Preliminary and Final)
Subdivision
Site Plan
_ Variance or Appeal
X 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 authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set W, (or) hand and seal this 3 \sr day of mA ` , 201 k ,
Signature(s) + /�
State of Virginia, City/C ty of w [ , To -wit:
a Notary Public in and for the jurisdiction aforesaid,
certify that `the person(s) who signed to the foregoing instrument personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this ';R day of i 2.0
g` (w, �:,..L _ My Commission Expires:
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COMPREHENSIVE
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EXISTING CLASSIFICATION
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