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HomeMy WebLinkAbout05-17 BOS Staff ReportSUBDIVISION REQUEST #05-17 FREEDOM CROSSING Staff Report for the Board of Supervisors Prepared: September 29, 2017 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provi de information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/20/17 Reviewed Board of Supervisors: 10/11/17 Pending; Public Meeting LOCATION: The property is located on 357 Double Church Road, Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86-A-6 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Open Space STAFF CONCLUSION FOR THE 10/11/17 BOARD OF SUPERVISORS MEETING: This application is for a subdivision design plan for seven (7) single-family attached (townhouses) units with a minimum lot size of 1,500 square feet planned to be constructed on 1.2751+/- acres of land zoned RP (Residential Performance) District. The proposed subdivision will be accessed by Double Church Road (Route 641) via a private internal road. This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. The Applicant previously received a waiver of the Master Development Plan (MDP) requirement and has chosen to process a subdivision design plan in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and the Board of Supervisors, staff will proceed with approval of the plan. This application is presented for information; no action is necessary. Subdivision Request Subdivision #05 -17 Freedom Crossing September 29, 2017 Page 2 SUBDIVISION SPECIFICS: Subdivision of 1.2751+/- acres into seven (7) single-family (townhouses) lots with a minimum lot size of 1,500 square feet each. REVIEW AGENCY COMMENTS: Virginia Department of Transportation: A VDOT review has been conducted for the Freedom Crossing Site Plan with a signature date of July 26, 2017. Based off of the review of the Drawings, all of the previous VDOT comments have been addressed and the Site Plan is approved by our office. Frederick County Fire Marshall: Approved. Inspections: Project shall comply with The Virginia Uniform Statewide Building Code (USBC). Dwellings (R-5) shall comply with The Virginia Residential 2012 Codes. Other Codes that apply are the 2009 ANSI A117.1-09 Accessible and Usable Buildings and Facilities and the 2012 Virginia Energy Code. Dwelling (townhouse) shall be separated as required for per Section R 302.2. All recreational facilities shall be provided with an accessible route. Engineer design required on all foundation and/or slabs with greater than 8” fill or 24” clean sand/gravel. Engineer design may be required under R610 for windbracing requirements. Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below the top elevation of the upstream man hole cover. Storm water drains, if higher than the basement finished floor, may require additional engineering of the foundation. Grade shall be sloped away from foundation a min 6” in 10’. Site plan approved pending receipt of geotechnical soil investigation soil investigation as required. 7/17 sidewalk provided to recreational area. Walkway shall not exceed 5%. Frederick County Public Works: Approved – 8/8/17 Parks and Recreation: Plan appears to meet Parks and Recreation requirements. GIS: The street name “Anthem Ct.” has been approved and reserved for use by Freedom Crossing. Addresses will be assigned to the town homes during the building permitting process. Please note: New addresses for Anthem Ct will replace the existing address 357 Double Church Road. The address will be removed from the County system after construction of Anthem Ct. Frederick County Sanitation Authority: Approved as noted. Subdivision Request Subdivision #05 -17 Freedom Crossing September 29, 2017 Page 3 Frederick County Public Schools: Frederick County Public Schools has reviewed the Freedom Crossing site plan submitted to us on June 5, 2017. We offer the following comment: 1. It is noted that Anthem Court will be a private lane. As our buses don’t travel down private lanes, students who live on this street will need to walk to a public street to meet the bus at a location to be designated by our Transportation Department. Planning Staff Review: The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved Master Development Plan (MDP) be presented to the Board of Supervisors (Chapter144-12E). The MDP requirement may be waived under Section 165-801.03A(5) of the Frederick County Zoning Ordinance if the Applicant chooses to process a design plan in lieu of an MDP: • A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form, the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. This application is for a subdivision design plan for seven (7) single-family attached (townhouses) units with a minimum lot size of 1,500 square feet planned to be constructed on 1.2751+/- acres of land zoned RP (Residential Performance) District. The proposed subdivision will be accessed by Double Church Road (Route 641) via a private internal road. This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. The applicant previously received a waiver of the Master Development Plan (MDP) requirement and has chosen to process a subdivision design plan in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and the Board of Supervisors, staff will proceed with approval of the plan. PLANNING COMMISSION SUMMARY FOR THE 09/20/17 MEETING: Staff reported this is a subdivision request for seven (7) single family (townhouse) lots located at 357 Double Church Road. Mr. Cheran presented location maps of the property. Staff continued the property is located within the Urban Development Area (UDA) and the Sewer Wate r Service Area (SWSA). Staff noted access will be provided via a private internal street that access Double Church Road. Staff explained the plan calls for right-of-way dedication on Double Church Road, sidewalks, landscaping, and buffers. Staff reported the Applicant previously Subdivision Request Subdivision #05 -17 Freedom Crossing September 29, 2017 Page 4 received a waiver of the Master Development Plan (MDP) requirement and has chosen to process a subdivision design plan in lieu of the MDP; the application must be presented to the Planning Commission and Board of Supervisors as an informational item. Although not a public hearing, two (2) citizens were permitted to speak regarding this item. Ms. Melissa Turner shared her concerns regarding barriers, the development entrance, and what type of fencing will serve as a buffer. Ms. Kizzy Pangle shared her concerns regarding the titling and deed for this property and noted her family has a scheduled court date of October 4, 2017 to help clarify this issue. STAFF CONCLUSIONS FOR THE 10/11/17 BOARD OF SUPERVISORS MEETING: This proposed subdivision meets the requirements of the Zoning and Subdivision Ordinances and is in a form that it is administratively approvable. All the issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant. This is being presented as an informational item and following its presentation to the Planning Commission and the Board of Supervisors, staff will proceed with approval of the plan. This application is presented for information; no action is necessary.