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PC 06-20-07 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia June 20, 2007 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting............................................................................ (no tab) 2) May 2, 2007 Minutes...................................................................................................... (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) 2007 Comprehensive Policy Plan Mr. Ruddy........................................................................................................................ (B) PUBLIC MEETING 6) Master Development Plan #04-07 for the Haggerty Property, submitted by Patton Harris Rust & Associates, for up to 300 single family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are identified with Property Identification Numbers 55-A-212 and 55 -A -212A in the Red Bud Magisterial District. Mr. Ruddy........................................................................................................................(C) (7) Subdivision and Waiver Requests of Wayne and Linda Wright, submitted by Marsh & Legge Land Surveyors, PLC, to allow subdivision of .659 acres into two single family detached urban housing lots, and waiver of open space requirements. The property is located at the southeast corner of Front Royal Pike (Route 522) and Bentley Avenue and is identified by Property Identification Number 64-2-A1 in the Shawnee Magisterial District. Mr. Cheran ...................... (D) COMMISSION DISCUSSION 8) Horses on Large RP (Residential Performance) District Lots outside of the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). Mrs. Eddy....................................................................................................................... (E) 9) Other FILE COPY C7 • • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on May 2, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/Opequon District; Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; Gary R Oates, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; H. Paige Manuel, Member -At -Large; Philip E. Lemieux, Board of Supervisors Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: John H. Light, Stonewall District; Richard C. Ours, Opequon District; and the City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Susan K. Eddy, Principal Planner; Candice Perkins, Planner Il; Bernard Suchicital, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to adopt the Planning Commission's agenda for this evening's meeting. MINUTES Upon motion made by Cormnissioner Kriz and seconded by Connmissioner Oates, the minutes of the March 21, 2007 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 04/26/07 Mtg. Commissioner Thomas reported that the DRRS had a discussion about the philosophy and standards for design of new types of communities to encourage more aesthetically -pleasing walking communities. Frederick County Planning Commission Page 2037 Minutes of May 2, 2007 �" -2 - Transportation Committee — 03/26/07 Mtg. Commissioner Kriz reported that Deputy Planning Director, Michael T. Ruddy, gave a presentation regarding the private -public road systems. He said several other agencies were present, along with the Transportation Committee members. Commissioner Kriz said the conclusion at the end of the discussion was that it would not be feasible to have homeowners be in charge. It was believed the County should come up with some type of program to be able to handle the road system, if necessary. CITIZEN COMMENTS Chainnan Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC HEARING Consideration of a request to revise the Round Hill Community Land Use Plan, including expansion of the Sewer and Water Service Area (SWSA) by approximately 481 acres for commercial development on the north side of Northwestern Pike (Route 50). The Round Hill area includes land generally located north and south of Northwestern Pike (Rt. 50), west of Route 37, and east of Crinoline Lane in the Gainesboro and Back Creek Magisterial Districts. Action — Tabled Commissioner Mohn stated that he would abstain from all discussion and voting on this item due to a potential conflict of interest. Principal Planner, Susan K. Eddy, reported that this is one of the two Comprehensive Policy Plan amendments from 2006 which the Board of Supervisors had requested be studied in depth. She explained this particular item is a request to expand the Sewer and Water Service Area (SWSA) for commercial development in the Round Hill area. Ms. Eddy said the original application submitted last June by the applicant included 370 acres for Urban Development Area (UDA) expansion and included five parcels, owned by Silver Lake, LLC; for a National Lutheran Home and residences. She said the Comprehensive Plans and Programs Subcommittee (CPPS) recommended adding some adjoining parcels, which brought the total acreage under consideration to 481 acres. Ms. Eddy said the submittal was revised by the applicant to only seek the SWSA expansion; the applicant is still seeking to ultimately develop a portion of the site for a National Lutheran Home. She said that what is unique about this particular SWSA request is that the applicant is seeking the commercial development for a medical - related campus, primarily because of its proximity to the Winchester Medical Center. She said the staff believes this is important because there is certainly other available land elsewhere which is already within the UDA and SWSA for commercial uses. Ms. Eddy explained that a portion of this site was already planned for commercial uses, but it is not yet in the SWSA. She said the staff has been working closely with the applicant to develop a small -area land use plan, should the County choose to expand the SWSA in this area to accommodate amedical- related campus. Rather than developing a brand new plan, the decision was made to revise the existing Round Hill Plan to accommodate the proposal. Ms. Eddy presented a map to accompany the revised plan and she Frederick County Planning CommissionRt Page 2UJZS Minutes of May 2, 2007 Do 1-uu -3 - pointed out the 481 acres of SWSA expansion, the commercial development, and the residential development in the older part of the existing Round Hill Community Center. She also described some of the features in the draft plan. Ms. Eddy said the Frederick County Sanitation Authority has stated that adequate wastewater capacity to serve this development should be available by 2010. She said the staff has had discussions with the VDOT staff and VDOT's view was that it will require considerable road infrastructure to maintain a Level of Service (LOS) "C" in the area proposed for the SWSA expansion, given what is already rezoned, but not yet built. She said VDOT was very concerned over any additional rezonings going forward in this section of the County without a comprehensive study of Route 522 North and Route 50 West. She added that the CPPS has endorsed the application and the draft plan. The Planning Commission was generally supportive of the plan during their discussion in early January 2007 with some strengthening of the design standards along Route 50 and with the additional text to place greater emphasis on facilitating water and sewer extensions for existing residences. She said the Board of Supervisors' discussion on January 24, 2007, primarily focused on design standards on Route 50. A thorough discussion of the Route 50 design standards took place at the Planning Commission's Retreat in February 2007. Ms. Eddy continued, stating that this item was advertised for public hearing and legal ads were placed; however, some Board of Supervisors' members wanted to provide further input on the application. Therefore, while this public hearing is scheduled for this evening, she said the staff is not actually seeking a recommendation, but would take comments from the Commission. She said Mr. David Franks with Dewberry was present to represent the applicant. Commissioner Kriz inquired if the applicant owned all of the property sought within this SWSA expansion. Ms. Eddy replied no; she said the applicant owns 371 acres, which includes five parcels; other parcels have been included at the recommendation of the CPPS. Approximately 100 acres are not owned by the applicant. Commissioner Oates referred to VDOT's comments on the possible difficulty in maintaining a LOS "C." Commissioner Oates asked if VDOT's discussion included the need to look for additional right-of-way or turn lanes; he questioned whether eight lanes should be considered instead of just six. Ms. Eddy said that VDOT's view was that existing roads were not enough; she said that VDOT was open minded about what could solve the problems and a number of options were discussed. Commissioner Oates said that when this request comes back before the Commission, he would like to see a more definite recommendation from VDOT in terms of whether the County should be looking at eight lanes, or collector/distributor lanes on Route 37, or additional right-of-way so that future developers know what is expected. Commissioner Thomas asked if the staff could also provide for the next meeting, the LOS on Route 50 for both the east -bound and the Nvest-bound lanes at the traffic lights for both the background and the build -out of the current medical campus and shopping center, and the projections for 2010 and 2020. Ms. Eddy believed the information was available, presuming a Traffic Impact Analysis (TIA) was done with previous rezomngs. Mr. David Frank with Dewberry came forward to represent the landowner. Mr. Frank said it was his client's application that started this discussion and resulted in the draft plan. He said his client feels strongly that the revision of the SWSA will benefit Frederick County. He noted their work with the CPPS and the Planning Commission throughout the process. Mr. Frank said his client recognizes there are transportation issues at Route 50 and understands certain transportation improvements will be needed; he said that as the process evolves, those issues will be studied and appropriate resolutions put in place before development proceeds. Frederick County Planning Commission Minutes of May 2, 2007 Page 2039 -4 - Commissioner Kriz asked the applicant if there had been discussions with any of the other properties that are coming into the SWSA. Mr. Frank said they have not had any direct conversations with other property owners. He said as their application came in, they only applied for what they control. As the process evolved, additional areas have been put in and the County is making recommendations above and beyond what the applicant controls. He said at this preliminary stage of the process, the applicant has not spoken with anyone else. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Chairman Wilmot announced that procedurally, this item was a bit unusual. She said that due to the advertisement and notifications, the Planning Commission needs to move forward with the public hearing; however, since the Board of Supervisors had requested further input, the Commission will not act at this time. Conunissioner Thomas moved to table CPPA 405-06 SWSA Expansion Request for Round Hill Center until the Planning Commission receives the Board of Supervisors' comments. This motion was seconded by Commissioner Kriz and unanimously passed. (Note: Commissioner Mohn abstained; Commissioners Light and Ours were absent from the meeting.) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, ZONING, CHAPTER 165, ARTICLE IV, SUPPLEMENTARY USE REGULATIONS, SECTION 165-24, MONUMENT HEIGHT LIMITATIONS, EXCEPTIONS. Action — Recommended Approval Principal Planner, Susan K. Eddy, read the definition of "monuinent" from Webster's dictionary because the term was not defined in the zoning ordinance. Ms. Eddy reported that under the current zoning ordinance, monuments are one of the structures exempt from the height restrictions in its underlying zoning district. She noted the 35 -foot height restriction in the majority of zoning districts. Ms. Eddy read a list of examples of other structures which are exempt from the height restrictions in their underlying district and those examples included: banes, silos, church spires, towers, masts, and aerials. Ms. Eddy said a discussion about monument heights took place at the DRRS meeting in March; the Planning Commission also held a discussion of monuinent heights at their meeting on April 4, 2007. She noted that most of the monuments in the area are less than 20 feet in height. Ms. Eddy said that both the DRRS and the Planning Commission believed monument heights should be the same as the underlying zoning district in which the monuments are located. Ms. Eddy stated that the text amendment presented takes monuments out of Section 165-24, which is the list of exceptions. Commissioner Morris asked what prompted this review of monument heights; he suggested the possibility of using a conditional use permit process for monument heights, so each request could be considered individually. Commissioner Thomas replied that the DRRS looked at this through their ongoing process to clean up the ordinance. Commissioner Thomas said the DRRS noticed that the other items on the list had some functional reason why they may need to exceed the height restriction of the underlying zoning district they were in. For a monument, however, there is no basic, underlying functionality or reason why it needs to be any higher than the maximum height limit of the underlying district. He said that in order to reduce any potential eyesore or other possible future problem, it was believed it made sense not to include monuments within the exception. Frederick County Planning Commission Minutes of May 2, 2007 Page 2040 -5 - Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of an ordinance to amend the Frederick County Code, Zoning, Chapter 165, Article IV, Supplementary Use Regulations, Section 165-24, Monument Height Limitations, Exceptions, which would remove monuments from the list of exceptions to height restrictions. (Note: Commissioners Light and Ours were absent from the meeting.) Rezoning 904-07 for the Haggerty Property Proffer Revision, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezoning #14-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are located in the Red Bud Magisterial District, and are identified by Property Identification Numbers (PINS) 55-A-212 and 55 -A -212A. Action — Recommended Approval Commissioner Manuel said that he would abstain from all discussion and voting on this item, due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported that on February 9, 2005, the Board of Supervisors approved Rezoning 414-04 for the Haggerty property, which rezoned 111 acres to RP (Residential Performance) Zoning with proffers and enabled the development of up to 300 single-family attached and detached housing units. Mr. Ruddy said the rezoning also contained significant transportation proffers, which supported the revised Eastern Road Plan and relocated Valley Mill Road. Mr. Ruddy explained that before the Commission this evening is a request to revise the transportation proffers associated with the original rezoning application. He said the evaluation of this request should carefully consider the relationship between thus project and several other projects within the vicinity. He pointed out that any modifications to the transportation program should continue to advance the County's long range transportation planning efforts. Mr. Ruddy noted that the current proposal does not provide a transportation impact analysis (TIA). In addition, no evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. Mr. Ruddy first reviewed the original transportation improvements that were approved with Rezoning # 14-04 in February of 2005. He stated that the Frederick County Eastern Road Plan was revised in 2005 in reflection of the approved road network promoted by the Haggerty project and the need to relocate the critical east -west collector road, Valley Mill Road, in a manner which enhanced the road network provided by the Haggerty rezoning. Mr. Ruddy noted that the designation of this east -west major collector road has yet to be recognized by the revised Haggerty rezoning proffer and the various other projects under reviewmi this area. Mr. Ruddy believed this was a critical connection designed to enable vehicle trips to make the east -west movement without impacting the capacity of Route 7 and Senseny Road intersections and corridor. He next reviewed with Frederick County Planning Commission Minutes of May 2, 2007 Page 2041 S. the Commission the revised transportation improvements proposed with Rezoning #04-07, highlighting the more significant changes that were illustrated on the Generalized Development Plan (GDP). Mr. Ruddy concluded his presentation by saying it was the staffs belief that the transportation elements proffered in this application were not consistent with, and do not implement, the County's Eastern Road Plan. Specifically, the east -west major collector road referred to as the relocation of Valley Mill Road is not accommodated in the revised GDP, particularly with inter -parcel connectivity and the Route 37 topographical conflicts. The application has not demonstrated through a supporting TIA that the proposed modifications to the transportation program provide an acceptable transportation solution to meet the needs of the development and address the Comprehensive Plan. Commissioner Thomas didn't view the changes as negative, especially since the western section of Route 37 will be built and the majority of traffic from this site will go to Route 7, which may be preferable than going to Senseny Road. He said the revision still contains the access to Route 7 and he didn't see how the proposal reduced access south. Regarding the absence of a revised TIA, Commissioner Thomas said he was not sure how the revisions would change the number of trips or change the level of service. He didn't see how moving the connection point 400 feet would change the ability to construct the east -west connector and thought it was preferable because of topography issues. Commissioner Oates commented that it appeared the east -west collector road was decreasing in capacity with this revision because it was shown as a local street, not a designed major collector road. Commissioner Oates wanted to see the east -west connector road next to Eddy's Lane, so that future development would use the new road, instead of going out onto Route 7. In addition, shifting the road 400 feet south was a major concern for him because d it would create unnecessary challenges for future construction of Route 37. He said the applicant was proposing to build a section of Route 37 to their property line which ends in a pulley; he asked if the applicant was proposing to construct a bridge over the gulley or if they planned to dead-end the road on the bank. Commissioner Kriz stated that the original transportation proffers had the spine road connecting from Route 7 down to the end of the property and the revision has the traffic jumping onto Route 37. Commissioner Kriz said it seems strange to get onto a four -lane road for such a short distance instead of having a parallel road for the traffic. Commissioner Mohn's observation was that the applicant was combining the spine road and Route 37. He recognized that one of staff's objections was the fact the spine road ended or was removed at a certain point and did not continue as a local collector onto Senseny Road. Commissioner Mohn believed the east - west road was workable; however, it would be incumbent on the next rezoning to the west to ensure the continuation of Valley Mill Road. Commissioner Mohn questioned the point of a spine road at this stage, especially because of the construction activity occurring in the Crosspointe development Mr. Ruddy said the staff s concern was that the local collector street system would be eliminated, compromising the general transportation in the area and forcing it all to one point. He said the location of any of the roads should accommodate the future construction of Route 37 without any additional costs. Referring to the transition point, he said the elevation change clearly provides the ability to avoid a Crosspointe situation, where the locality and the State may have to come back and expend significant additional dollars to reconfigure the transportation network in that area. He said if the east -west collector could be placed at the correct elevation initially, it would avoid any costs of having to come back and relocate the road to make the connection. Mr. John Bishop, the County's Transportation Planner, addressed the proposed relocation of the east -west connector; he said the connection to existing Valley Mill would require angled cut-backs and he was concerned about increased costs. He said the original location of the east -west connector would have provided Frederick County Planning Commission Minutes of May 2, 2007 Page 2042 -7 - better diffusion of local traffic, it would take advantage of the topography of the site, and there were property owners willing to dedicate right-of-way along the route. Chairman Wilmot next called for the applicant to come forward. A Arivir. Patrick Sowers of Patton, Harris, Rust cox. Associates, irIC. (PHmtk) and Mr. Cl►arles E. Maddox, Jr., consultant for Mr. David Holliday, the developer, came forward to present the proposal to the Commission. The applicant's representatives stated that a two-lane, 750 -foot section of Route 37 will be constructed, using vertical and horizontal alignments, from where the spine road transitions into the Route 37 right-of-way to the end of the property, including the section that crosses the stream. They stated a TIA was not provided because the same connections as the original plan are in place. They noted that a profile was provided to VDOT showing the feasibility of constructing the east -west connector, as proposed by the Eastern Road Plan, 400 feet further south and there is adequate clearance to go under Route 37 at this location. The applicant's representatives said that when they examined the engineering aspects of constructing Valley Mill Road extension, they realized that a shift in the location of the road would avoid topography issues, it would provide a more suitable crossing of Abrams Creek and provide subsequent environmental protections, and it would provide for a connection to the spine road. The applicant's agents were confident that, from an engineering standpoint, the applicant could both fund and implement the revised transportation plan. Commissioner Thomas asked Mr. Maddox if the applicant would construct the southern part of the spine road, or Route 37, the entire distance to the end of the property, including the section that crosses the stream at the southern point. Mr. Maddox replied yes; he said they will construct the box culvert underneath the dam. Commissioner Thomas said lie agreed with the applicant's comments on the location of the east -west connector road because there was only one economically -feasible location to construct the road with the bridge because of the topography. Conunissioner Oates was concerned about the lack of provisions for a second access and inter - parcel connectors. Commissioner Oates did not think there were enough assurances that construction of the east - west connector would happen and he suggested the possibility of adjoining tracts coming in at the same time in a coordinated effort. Mr. Lloyd Ingram, VDOT representative, was called forward by the Commission to comment on the proposal. Mr. Ingram said the two concepts were so similar, it was difficult for VDOT to choose which one of the concepts might be better than the other. He said the applicant's construction of a portion of Route 37 was a positive step, as well as the construction of a bridge across the stream to the south. He added that the westbound lane could be utilized when Route 37 comes in because it will tie directly into the ramps and once Route 37 becomes limited access, the spine road could be used for local traffic. Chainnan Wilmot next called for public comments and the following person came forward to speak: Ms. Mary Lou Costello -Daniel, an attorney representing Investors LLC, an adjacent property owner to the north of the east -west connector, stated that her client has approximately 700 feet of landscaped frontage along Eddy's Lane. Ms. Costello -Daniel said her client had originally received tentative approval for 28 single-family lots, but is now in discussions with the Planning Staff about a revision to 50 townhouses. She said their traffic study indicated that townhouses would have minimal to no impact on Eddy's Lane. She said the original concept for their development was to have access onto the spine road; however, the staff specifically asked for access to be placed on Eddy's Lane. Ms. Costello -Daniel stated that her client is now being asked to make improvements on Eddy's Lane, all the way down across a parcel her client does not own, to the east -west connector. She was concerned about how the Haggerty property's revised transportation plan will impact adjoining parcels that are currently in the review process. She said her client is making the same kind of donation Frederick County Planning Commission Minutes of May 2, 2007 Page 2043 for Route 37, as well as bearing the decreased value of the properties, presuming all four lanes of Route 37 are constructed. Ms. Costello -Daniel asked the Commission to keep the surrounding property owners and developers in mind during their consideration so that all of the surrounding properties carry their fair share. She asked that a disproportionate burden not be placed on the other property owners and specifically, her client, for the improvements to Eddy's Lane. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Some members of the Commissioners were not supportive of the revised transportation plan for several reasons. They said it appeared the revised east -west collector would have less capacity because it was shown as a local street rather than a major collector; and, shifting the road 400 feet south would remove the likelihood that properties along Eddy's Lane would use the road. Concern was expressed that the local collector street system would be compromised, along with the general transportation in the area. Questions were raised about the proposal's affect on costs for the future construction of Route 37. The overall thought was that the proposal was piecemeal and they suggested the possibility of adjoining tracts coming in together in a coordinated effort. Commission members expressed concern about the cumulative affect of the revised transportation plan, the ability to have inter -parcel connectors, and the ability to complete the County's road plan. Other members of the Commission thought the revised transportation plan was fundamentally consistent with the original transportation proposal. They commented positively about the construction of the western section of Route 37, moving the majority of traffic from this site to Route 7. They also noted that the construction of the relocated east -west connector will probably be more economically feasible because it avoids topography issues. They believed the revised proposal ultimately provides the foundation to accommodate the traffic, not only for this development, but on a larger scale. Comments were made that the plan was both efficient and could facilitate the County's transportation planning in this area; however, it would be incumbent on the Commission, the staff, and VDOT to insure that future development proposals fit into the plan to get the Comity to the next step. Upon motion made by Commissioner Mohn and seconded by Commissioner Kerr, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning 904-07 for the Haggerty Property Proffer Revisions, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezoning # 14-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The majority vote was as follows: YES (TO REC. APPROVAL): Unger, Watt, Morris, Wilmot, Thomas, Kriz, Ken, Mohn NO: Oates ABSTAIN: Manuel (Note: Commissioners Light and Ours were absent from the meeting; Commissioner Triplett was absent for this item. ) Frederick County Planning Commission Minutes of May 2, 2007 Page 2044 PUBLIC MEETING Master Development Plan 904-07 for the Haggerty Property, submitted by Patton Harris Rust & Associates, for up to 300 single-family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is located adjacent and south of the Opequcn Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are further identified with Property Identification Numbers 55-A-212 and 55 -A - 212A in the Red Bud Magisterial District. Action — Tabled for 45 Days Cominissioner Manuel said that he would abstain from all discussion and voting, due to a possible conflict of interest. Planner Bernard Suchicital reported that this master development plan (MDP) proposal on 111 acres will include 76 single-family detached units, 66 duplexes, 158 townhouses, 38.56 acres of open space, and a 12.47 -acre public right-of-way strip to be dedicated for the Route 37 corridor. Mr. Suchicital talked about the outstanding issues yet to be resolved by the applicant, which included the following: 1) the implementation of key elements of the Eastern Road Plan, with attention to the spine road and an east -west collector road; 2) accurate depiction of the proffered open space; 3) the appropriate inter -parcel connections of neighborhood streets and the pedestrian trail system; 4) the provision of an adequate community center within the development based on housing type; and 5) additional screening and buffering alongside the Route 37 corridor and major collector road network. Mr. Patrick Sowers, of Patton, Harris, Rust & Associates, Inc., the design and engineering firm representing the applicant, came forward to address the issues raised by the staff. Mr. Sowers raised the possibility of constructing the community center on the adjacent Adams' Farm property and enlarging it to serve both communities. He talked about relocating the inter -parcel connections on some of the neighborhood streets due to topography.constraints and proposed Route 37, and the relocation of the trail system due to environmental impacts associated with crossing a stream and wetlands. Mr. Sowers noted that open space requirements for the MDP had been exceeded and the 12 -acre area labeled, "potential future non-residential development," could possibly accommodate a future small-scale commercial center. The applicant suggested that requiring a full road efficiency buffer in addition to their proffered dedication of 12'/z acres for Route 37 and their proffered 20 -foot landscaped easement seemed unreasonable, especially in light of the fact that Route 37 had not yet been constructed. In addition, Mr. Sowers posited out that the applicant had proffered a collector road, not a major collector; he said there were only a few single-family detached homes with access to Haggerty Boulevard. Commission members said they could accept the applicant's proposal for relocating the trail system connection, if wetlands and a stream needed to be avoided. They did not agree with placing homes along Haggerty Boulevard because it was a violation of the zoning ordinance. Commissioners thought the possibility of a shared recreational center on a separate property could work; however, that property and proposal should have been brought in and incorporated with the Haggerty MDP. Details of the proposal were lacking and a suggestion was made that the applicant place a note on the MDP regarding the construction of the recreational center which included a trigger mechanism, possibly based on building permits. Another suggestion was for the placement of an alleyway behind the proposed homes on Haggerty Boulevard with a connection to Haggerty Boulevard further to the south. Questions were raised about the uncertainties with the inter -parcel connections. Overall, Commission members expressed concern about the many uncertainties surrounding the MDP and the fact that so many aspects of the plan seemed to be based on the development of adjacent properties. Frederick County Planning Commission Minutes of May 2, 2007 Page 2045 -10 - By a unanimous vote, the Planning Commission tabled the MDP for 45 days in order to give the applicant time to submit a more detailed plan and to work out the uncertainties surrounding the issues raised by the staff and the Commission. Chairman Wilmot called for public comments; however, no one came forward to speak. Commissioner Kerr made a motion to table MDP 404-07 of the Haggerty Property for 45 days. This motion was seconded by Corm issioner Mohn and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Master Development Plan 404-07 for the Haggerty Property, submitted by Patton Harris Rust & Associates, for 45 days, by a unanimous vote. (Please Note: Conmlissioner Manuel abstained; Commissioners Ours and Triplett were absent from the meeting.) ------------- Site Plan Update and Waiver Request for Site Plan #01-07 of Blue Fox Billiards, Bar & Grill. This site is located at the corner of Route 50 East (Millwood Pike) and Ryco Lane and is within the Shawnee Magisterial District. Action — Recommended Approval Planner Candice E. Perkins reported that this item contains two parts; the first section is an overview of the site plan due to its impacts to the Route 522 relocation plans and the second part is a waiver request by the applicant. Ms. Perkins stated that in an effort to keep the Planning Commission and the Board of Supervisors apprised of improvements that may affect planned road improvements, site plans and subdivisions that impact the right-of-way are being presented for review. She said the site plan itself is presented for informational purposes; however, a decision on the requested waiver is needed from the Planning Commission. She said it should be determined if this waiver is appropriate in this case. Ms. Perkins said the applicant is requesting a waiver from Section 165-371)(6) of the Frederick County Zoning Ordinance to allow for a waiver of the required zoning district buffer distance. She said the property is zoned B2 (Business General) and will have a use of restaurant and indoor recreation. The adjacent property to the south is zoned B3 (Industrial Transition) and a zoning district buffer is required between those two zoning districts. She said that since restaurants and indoor recreation are permitted uses in both the B2 and the B3 zoning districts, the applicant qualifies to request a waiver of this section. Ms. Perkins continued, stating that the Planning Commission has several options for their decision on the request, as follows: 1) approve the waiver of the buffer distance, but require all applicable landscaping and opaque elements required with a zoning district buffer; 2) approve the complete elimination of the buffer distance and the landscaping and allow the applicant to use only a six-foot fence as shown on their sketch; or 3) deny the waiver. Ms. Perkins said that a denial will not preclude the use of the site; however, it would limit use of the property for high -parking calculations, since the rear parking lot would not be possible. Commissioner Oates inquired about the first two options described by Ms. Perkins. He asked if the landscaping would fit into the remaining area, because it looked like there would only be five feet available. Ms. Perkins said the site plan shows some existing landscaping; she said there should be enough room to accommodate a fence and a single row of evergreens. Frederick County Planning Commission Minutes of May 2, 2007 Page 2046 -11 - Commissioner Thomas asked if this was a major reconstruction of the building or rehabilitation. Ms. Perkins replied that she understands the applicant is keeping the existing structure and remodeling the interior. Mr. Steven L. Patton, P.E., with Patton, Martin & Associates, PLC, co-owner and applicant, stated that this is the old Harley-Davidson building and renovations are taking place inside the building. Mr. Patton said there will be a restaurant, a billiard room, billiard sales, and a bar; he said 62 parking spaces are required and they are providing 72. Mr. Patton said the owner is pursuing qualifications to have national billiard tournaments at this location; therefore, considerable parking is required. He said they were requesting the waiver in order to provide as much parking as possible. Commissioner Oates asked Mr. Patton if his client was considering valet parking because of the distance to parking. Commissioner Oates also asked if the applicant would consider a single row of evergreens, along with the fence. Mr. Patton replied yes to both questions. Chairman Wilmot called for public cormnents; however, no one came forward to speak. Commissioner Morris asked the applicant which of the options he would prefer from those mentioned by the staff. Mr. Patton said that he would prefer to waive the buffering totally; however, if the Commission preferred, they would install the six-foot fence and a single row of evergreens. Mr. Patton commented that along the rear of the building, they have roughly 35 feet between the property line and the building; he said this area is heavily wooded and will provide a good buffer. Commissioner Morris made a motion to approve the waiver for a reduced buffer distance, but with the addition of a single row of evergreens and a six-foot opaque fence. This motion was seconded by Commissioner Oates and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Waiver Request for Site Plan 401-07 of Blue Fox Billiards, Bar & Grill in accordance with Section 165-37D(6). The recommended waiver is for a reduced buffer distance with the addition of a six-foot opaque fence and a single row of evergreen trees. (Note: Commissioners Manuel, Light, Ours, and Triplett were absent for this item.) ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:30 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of May 2, 2007 L�l N Page 2047 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director COUNTY os FREPE.RICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Public Hearing; 2007 Comprehensive Policy Plan Update. DATE: June 7, 2007 Enclosed for the Planning Commission's review and Public Hearing is the 2007 Comprehensive Policy Plan Update. Both the Planning Commission and Board of Supervisors held discussion sessions during April and May respectively, and provided valuable input and direction on this item. This policy update will be inserted into the appropriate locations within the 2007 Comprehensive Policy Plan. This effort is a compilation of several policy elements that have been approved by the Board of Supervisors since the last update of the Comprehensive Plan which occurred in 2003. The effort also includes. several reformatted maps, and an update to the Community Facilities and Services and Parks and Recreation Chapters of the Comprehensive Policy Plan. The scope of the Planning Department's preparation of the 2007 update to the Frederick County Comprehensive Policy Plan has been limited to include a compilation of Comprehensive Policy Plan amendments that were approved by the Board of Supervisors since the 2003 Comprehensive Policy Plan was approved. A summary of these amendments is provided. This effort also includes updated map products that have a consistent format. The content of the maps has not been significantly modified. However, the format has been improved to ensure that the most current information is provided in the Plan. The most significant of the map products will be the new Eastern Frederick County Long Range Land Use Plan. As noted, included in the 2007 update are revisions to the Community Facilities and Services and Parks and Recreation Chapters of the Comprehensive Policy Plan. This element of the 2007 Comprehensive Policy Plan was endorsed by the CPPS at their February and April 2007 meetings. It was recommended that the Parks and Recreation Chapter be merged into the Community Facilities and Services Chapter of the Plan. In addition, the CPPS recommended that the language describing the Tuscarora Trail is included in this section. 107 forth Kent Street, Suite 202 ® Whichester, Virginia 22601-5000 Planning Commission Public Hearing - 2007 Comprehensive Policy Plan Update. June 7, 2007 Page 2 The effort to update the Community Facilities and Services and Parks and Recreation Chapters of the Plan, included the direct input of the relevant departments who were asked to review the description of their facilities and services as currently found in the plan. They were then requested to draft a new version and forward this to the Planning Department. The CPPS initially reviewed the information provided by the relevant departments at their November 2006 meeting. A subsequent joint meeting was held in December with representatives from the Parks and Recreation Commission. This meeting advanced the discussion and coordination from the Community Facility providers and also included a representative of the School Board. Over the past couple of months, Staff in the Planning Department has taken the opportunity to review the chapters that make up the 2003 Frederick County Comprehensive Policy Plan. The review has highlighted a variety of issues and opportunities which need to be addressed. The CPPS, Planning Commission, and Board also recognized the need to address the ongoing maintenance of the Comprehensive Plan and recommended that the various Committees and Advisory Boards established within the County review the Chapters of the Comprehensive Plan under their purview and provide recommendations to the CPPS. This review could occur throughout the next year as time permitted with each Committee and would be independent of the 2007 update. The 2007 update is timely and reflects previously approved changes to the Comprehensive Policy plan, and the update to Community Facilities and Services. The Comprehensive Plans and Programs Subcommittee (CPPS) recommended the 2007 update to the Comprehensive Policy Plan as presented and has forwarded the update to the Planning Commission and Board of Supervisors for review and discussion. The Board's discussion forwarded this item to a public hearing. This is a public hearing item for the Planning Commission. A recommendation from the Planning Commission to the Board of Supervisors would be appropriate. The Board of Supervisors is scheduled to hold a public hearing at their June 27, 2007 meeting. MTR/bad Attachments Planning Commission Public Hearing - 2007 Comprehensive Policy Plan Update. June 7, 2007 Page 3 Summary of Comprehensive Policy Plan Amendments. The following Comprehensive Policy Plan amendments have occurred from October 1, 2003 through April 1, 2007. Amendments: Eastgate - 178 acres SWSA BOS approved 11/10/04 Eastern Road Plan 2005 — Spine Road BOS approved 05/11/05 Tasker Woods Land Use Plan Tasker Woods — 57 acres UDA / 79 acres SWSA BOS approved 07/13/05 West Juba] Early Land Use Plan Bridgeforth — 267 acres UDA/ SWSA Expansion BOS approved 01/11/06 Round Hill Community Land Use Plan Round Hill Community — 251 acres SWSA Expansion BOS approved 05/10/06 UDA/ SWSA Boundary Modification Exercise BOS approved 09/13/06 Eastern Road Plan 2006 — General Update BOS approved 11/08/06 UDA/ SWSA Land Use Policy Modifications BOS approved 11/08/06 UDA Study Land Use Policy Text — Addition to Existing Land Use Policies BOS approved 02/28/07 Gvil War SIteS Study) 14 19th Corps Entrenchments 15 Star Fort F 16 Fort Collier 17 Zig-Zag Trenches OLl Civil War Sites Civil War Battlefields O ' r4J:10 O i 4 g '" i �i12 ' 13 10 � 1 O' . :O.__ r 14 "Id O' 0 0.5 1 2 3 4 5 6 I I I I I Miles 4��~ CGG Frederick County Comprehensive Plan Map �:a Frederick County Dept of Planning & Development iQ 107 N Kent St, Winchester, Virginia 22601 W WWW.CO.FREDERICK NAM 540-665-5651 Year Civil War Battlefields 1 1862 First Winchester x 3 4 1862 First Kemstown 1863 Stephensons Depot 1863 Second Winchester s s . �[ �` \ f AA[ar 5 1864 Third Winchester • 6 7 1864 Third Winchester 1864 Cedar Creek -I ZNO Battlet 8 1864 Third Winchester 9 1864 Second Kernstown And Sites (Fortifications) S 10 Parkins Mill Battery ;' 11 1864 Winter Line �` /�,` o• { As Defined by the NPS 12 Carriesbrooke Redoubt Shenandoah Valley 13 Hillandale Works r - Gvil War SIteS Study) 14 19th Corps Entrenchments 15 Star Fort F 16 Fort Collier 17 Zig-Zag Trenches OLl Civil War Sites Civil War Battlefields O ' r4J:10 O i 4 g '" i �i12 ' 13 10 � 1 O' . :O.__ r 14 "Id O' 0 0.5 1 2 3 4 5 6 I I I I I Miles 4��~ CGG Frederick County Comprehensive Plan Map �:a Frederick County Dept of Planning & Development iQ 107 N Kent St, Winchester, Virginia 22601 W WWW.CO.FREDERICK NAM 540-665-5651 1 Bartonsville .°kr 2 Brucetown 3 Cedar Creek Battlefield 4 4 Gravel Springs S Green Spring 6 Kernstown Battlefield t 7 Kline's Mill S 9 Marlboro Middletown (on National register) f i0 Opequon f.f� it Star Tannery 12 Stephens City (on National register) , 13 Third Winchester Battlefield 14 White Hall Possible Historic Districts Y n, 0 S I � + H- is t o f "0 r , 00.51 2 3 4 5 6 I I Miles f Frederick County Comprehensive Plan MapFrederick County Dept of Planning & Development107 N Kent St, Winchester, Virginia 22601 WWW, CO.FREDERICK.VA,US 540-665-5651 Geologic Formations And ,r y _ So sill e �^ Uifers 12cyroldS gta s S ` Geologic Formations & Aquifers �.J Valley and Ridge Formations # ? 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IN tesla`r IIS Pp p ��f =fr// (�° Aw Ft tT/..•lh E _ $ter Ta Marlboro'' �4t•' S �... "ravel Sprin' -0dirtil Agate k t i r. •. �, v o ri' 4Gt It•,` �� st �'. F'i 4�6 dgeway Mead s p f Ridsl1 a ` e; 0 0.5 1 2 3 4 5 6 -. � �..r. Nineveh Miles f Frederick County Comprehensive Plan MapFrederick County Dept ofPlanning & Development107 N Kent St, Winchester, Virginia 22601 WWW.CO.FREDERICK.VA.US 540-665-5651 I Abrams Creek 2 Back Creek 3 Buffalo Lick Run 4 Cedar Creek 5 Clearbn-ok - Hot Run 6 Duncan Run 7 Hiatt Run 8 Redbud Run 9 Senseny Area 10 Shenandoah Tributaries I1 Sleepy Creek 12 Stephens Run 13 Sulpher Springs 14 Upper Opequon 15 Wrights Run 16 Opequon Tributary 1 17 Opequon Tributary 2 CJ Lakes & Ponds 1'� Streams M—ajor n _ rrcna, x,,, i -i 11 f: kD 11 n 2 E Hayfield Star 0 0.5 1 2 3 4 5 6 I 1 Miles � Areas-, 1- (o_ a/(/ v�f1yMw I P . ..... 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' \anB *,cycle PI, 1 \\ Long - Term Designation Short -Term Designation { `�•u Proposed Designation 22 l 5 160 °' 37 c. J so O'� { f j i - h -iii 1•rG `J,� A fr °`��` �. / _ �� /� •per �• u.. ere- �• ,• .,�. "5 - ----- --. i r605. / O. y i 0 0.5 1 2 3 4 5 6e_ax,, Miles Adopted July 15, 1999 �SCK''�oG Frederick County Comprehensive Plan Map A 2� Frederick County Dept of Planning & Development '� 107 NKent St, Winchester, Virginia 22601 1 WWW.CO.FREDERICK.VA.US 540-665-5651 School Names 0 Northwest Regional Education Program (NREP) 1 Dowell J Howard Center 2 Admiral Richard E. Byrd Elementary 3 Frederick County Middle School 4 James Wood Middle School Robert EAylorElementary 6 James Wood Middle School 7 Milbrook High School 8 Sherando High School 9 Armel Middle School 10 Bass - Hoover Elementary 11 Evendale Elementary 12 Apple Pie Ridge Elementary 13 Gainesboro Elementary 14 Indian Hollow Elementary 15 Middletown Elementary 16 Orchard View Elementary 17 Redbud Run Elementary Is Senseny Road Elementary 19 Stonewall Elementary 20 Shenandoah University 21 Lord Fairfax Community College Current School Locations Elementary School -. AIb Middle School A, High School •, vocational Community College nche er University Frecierick County Schools D ,•50e,. Gai bow,, orb ool. •• I 1 Bruceto n Nain O h _ h Vie . FIa�rJd - & t -P rron. A- Lutown WildeO-res - .Ql AhauntaiirFal� '"'Star Ta T, Gravel Spring 0 0.5 1 2 3 4 5 6 I I I I i Miles f Frederick County Comprehensive Plan MapFrederick County Dept ofPlanning & Development107 N Kent St, Winohe5ter, Virginia 22601 WWW. CO.FREDERICKNA.US 540-665.5651 -. AIb O Shawneeland ��.� RFo'u'n,d� Hill jrnt Factory nche er .. O---��.. pequon -.,E, Ilya Greenwood 52`'x..--.__. 37 1 0112 2ar..ongv�ie O M Ibara 'Stephens ity '— Rrmel � F 01 ' Lcne 0ak,� ' _ f° !'•" OCanterbury ddlQt n ....0:' ,; ,•....-. ,'- 52 "dgeway 'Ridines Mead ills Mill/ 0 0.5 1 2 3 4 5 6 I I I I i Miles f Frederick County Comprehensive Plan MapFrederick County Dept ofPlanning & Development107 N Kent St, Winohe5ter, Virginia 22601 WWW. CO.FREDERICKNA.US 540-665.5651 1 Potential New School Locations Current School Locations Elementary School Middle School High School Vocational Community College University School Names 0 Northwest Regional Education Program (NREP) 1 Dowell J Howard Center 2 Admiral Richard E. Byrd Elementary 3 Frederick County Middle School 4 James Wood Middle School 5 Robert E Aylor Elementary 6 James Wood Middle School 7 Milbrook High School S Sherando Hgh School 9 Armel Middle School 10 Bass - Hoover Elementary 11 Evendale Elementary 12 Apple Pie Ridge Elementary 13 Gainesboro Elementary 14 Indian Hollow Elementary 15 Middletown Elementary 16 Orchard View Elementary 17 Redbud Run Elementary 18 Seaseny Road Elementary 19 Stonewall Elementary 20 Shenandoah University 21 Lord Fairfax Community College �-I qh Viev: , P o t e I (" AiL a I IN' eW o C l 1 - shay ale � i 4v �" �.S r� Reygold:"IStare 1 .: ," - 1 s2 O__ truss Jar -tion Summit- Lake Holiday - _ Green Spring- Replacement pringReplacement FCMS W O 6D j���ia�q � Gore Nain .' / Brucetown Yn� 4 O Elementary School Eft on CAe J,' I• ordar ,prinys O Prund Fill i a 1 Shay.•neeland / © �.. 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E 1-t-`1 1 7 71 7 t -x l) I I j _ I Miles Frederick Counry Comprehensive Plan Map Frederick County Dept of Planning & Development W '� 107 N Kent St, Winchester, Virginia 22601 I� WWW?COFREDERICK.VA.US 540-665-5651 r _ r. ral' Tuscarora Trail ; Lakes & Ponds Streams ��•�....�' City / Town Boundary Y 2- 77 ,t - r—,` �' .•�. � �./ � jam/ ,�. � `_. � �' 37 2 r y_zti s r 3 ✓ h so 4 22 i! � .. .�,; ' re✓ L.,, Sip, �� t ^' � r� ' � > � ��t�. 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VA.US 540 - 665 - 5651 � Eastern l Frederi `�ounty Range Land Use Plan � a � 37 50 re Eastern Frederick County Future Land Use Plan Sewer &Water Service Area Residential Urban Development Area Business Industrial Mixed -Use Planned Unit Development Institutional Recreation Historic Developmentally' Sensitive Areas Rural Community Center 0 0.5 1 2 3 4 Miles Approved May 2007 ti��c CoG Frederick County Comprehensive Plan Map ate' Frederick County Dept of Planning & Development w ^� -� i 107 N Kent St, Winchester, Virginia 22601 w -jl WWW.CO.FREDERICK.VA.US 540-665-5651 a � tern �� Frc crick •�_ ,�* �,�� ! v Count R d P Ian- _ a > 22 37 IT .Y q % �,• �` f . i 272 5 . . , Ile ..r 50 Eastern Road Plan t � iii New MajorArterial Improved Major Arterial nn •iI!c � New MinorArterial ` Improved MinorArterial k a New Major Collector Wit+'`r R � Improved Major Collector 7 K City ` y `— r 011A_14 New Minor Collector Improved Minor Collector Ramp � �`"`�•�, � -"� � X522 � o ♦ led Ado • Development Area ♦ _ . Urban DevelP Nov 11, 2006 � 1 / • r �-,/ � y • + ''�*, -�� � '� �, `` Sewer &Water Service Area 4 t� 0 0.250.5 1 1.5 2 2.5 3 `r I I I 1 I I 277 � Miles D-1, r,,n,:,t., 4tioX coo f Frederick County Comprehensive Plan Map t Frederick County Dept of Planning & Development rw ^� r ` ; 107 N Kent St, Winchester, Virghnia 22601 `,. www.CO.FREDERICK. VA.US 540 - 665 - 5651 Eastern Frederick ',County Road Plan - Ern City 0 • im- L". Cross Sections R4D U2 9'., U4D U61D Proposed Interchanges Adopted • o Urban Development Area • Nov 11, 2006 Sewer & Water Service Area 0 0.250.5 1 1.5 2 2.5 3 Miles Frederick County Comprehensive Plan Map NAM W Frederick County Dept of Planning & Development w 107 N Kent St, Winchester, Virginia 22601 540 - 665 - 5651 0 P kar jA t ex.n i al N(,N.ighborhood. Vi"I 1 -age & -sban. Cter Ui en�_ Location.s \ _2 / 21'f f j� N-� J y L JT m t 1 I �R T `...4,. ' X A `\ \ S- A J -- 'k, A jold I jnin( it �Js: Potential Neighborhood Village & Urban Center Locations C -Z Neighborhood Villages with Ped Sheds (.25 & .5 miles)) 7/- ,d /* Urban Centers C -O-) (with Ped Sheds (25 &.5 miles)) Urban Development Area N_,,, Sewer & Water Service Area This Land Use policy inay be used " It in relationship with the Easetern Frederick County Long Range Land Use Plan. 0 0.5 1 2 3 4 ==90MONEENEW Miles Adopted Feburary 28, 2007 Frederick CoLuity Comprehensive Plan Map Frederick County Dept of Planning & Development jm—y t 107 N Kent St, Winchester, Virginia 22601 WWWCOTREDEPICKNIA-US 540-665-5651 /V J jold I jnin( it �Js: Potential Neighborhood Village & Urban Center Locations C -Z Neighborhood Villages with Ped Sheds (.25 & .5 miles)) 7/- ,d /* Urban Centers C -O-) (with Ped Sheds (25 &.5 miles)) Urban Development Area N_,,, Sewer & Water Service Area This Land Use policy inay be used " It in relationship with the Easetern Frederick County Long Range Land Use Plan. 0 0.5 1 2 3 4 ==90MONEENEW Miles Adopted Feburary 28, 2007 Frederick CoLuity Comprehensive Plan Map Frederick County Dept of Planning & Development jm—y t 107 N Kent St, Winchester, Virginia 22601 WWWCOTREDEPICKNIA-US 540-665-5651 J • • MASTER DEVELOPMENT PLAN #04-07 HAGGERTY PROPERTY Staff Report for the Planning Commission Prepared: June 4, 2007 Staff Contact: Michael T. Ruddy, Deputy Director This report is prepared by the Frederick County Planning Staff to provide 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: 05/02/07 Tabled for 45 days by Planning Commission Planning Commission: 06/20/07 Pending Board of Supervisors: 07/25/07 Pending LOCATION: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-212 and 55 -A -212A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Vacant East: N/A (Clarke County) Use: N/A West: Residential Performance (RP) Use: Vacant PROPOSED USE: 300 single family detached and attached units MDP #04-07, Haggerty Property June 4, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The preliminary master development plan for this property appears to have a significant measurable impact on Route 7, the VDOT facility which would provide access to the property. VDOT can support this preliminary master development plan provided the following assumptions made by VDOT are clarified on the plan and/or proffers: • On page 3 of 6 that the road from Point "A" thru "B" to "C" and "D" will be completely built prior to the 151" building permit being issued. This would include the bridge across the stream between Points "C" and "D". • That the term "project limits" is the same as "property line". • The constructability of future Route 37 over the 60' right-of-way (connecting to the Adams' Property) is reasonable and can be demonstrated. A linear profile of the proposed center line of Route 37 in reference to the existing grades and future Haggerty Boulevard would help with the analysis of the constructability. • The minor adjustment to the sidewalk locations to meet VDOT's utility strip minimum width requirements. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh 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. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approved for preliminary purposes. Frederick County Public Works: We have reviewed the revised Haggerty Property MDP dated May 4, 2006 to insure compliance with our previous review comments. Our final approval will be contingent on receipt of the wetlands delineation report and a revised MDP indicating the location of the wetlands. Frederick County Sanitation Authority: 2nd review - approved Frederick -Winchester Service Authority: This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. MDP #04-07, Haggerty Property June 4, 2007 Page 3 Frederick County Inspections Department: Shall require demolition permit to remove existing structures under the VUSBC. No additional comments required this time. Shall comment on subdivision lots at submission. Frederick County — Winchester Health Department: Health Department has no objection if public water and sewer can be approved and provided. GIS Department: Haggerty Boulevard has been approved and added into the official street name list. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport and due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north/northwest. Special considerations will not be requested by the Winchester Regional Airport. Department of Parks and Recreation: Plan appears to meet open space, recreational unit and proffer requirements. The Parks and Recreation Department assumes the open space provided meets the usable open space criteria. The Parks and Recreation Department would like to see a detailed trails plan which offers an internal network and provides for connection to future adjacent development. Staff note: a connection has been proposed to the adjacent Twin Lakes development. However, the proposed location of this link does not conform to the already approved Channing Drive MDP. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 300 single family detached and attached homes will impact as follows: 117 elementary school students, 42 middle school students, and 51 high school students for a total of 210 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Frederick County Planning Department: Please see attached letter dated February 16, 2006, signed by Bernard S. Suchicital, Planner I. Staff note: preliminary staff comment letter of February 16, 2006, reviews an earlier version of the MDP that is not under current consideration. Comments from that letter have been addressed with exception of the following: open space dedication, failure to implement portions of the Eastern Road Plan (Spine Road and an east -west connector along the northern portion of the site), bike/pedestrian trail links to adjoining parcels. The MDP now under consideration raises additional staff concerns: • Dedicating the potential future non-residential development site as open space/park land. The current designation violates the RP zoning district. • Providing an adequate community center within the development. 1MP #04-07, Haggerty Property June 4, 2007 Page 4 • Implementation of key elements of the Eastern Road Plan, with attention to the Spine Road and an east -west collector road. • Appropriate interparcel connections of neighborhood streets and the pedestrian trail system. • Additional screening and buffering alongside the Route 37 corridor, and major collector road network. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances, and is consistent with the approved rezoning and proffered GDP. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. C) Site History The subject parcels which make up this MDP were rezoned from RA (Rural Areas) District to RP (Residential Performance) District with Rezoning application #14-04 which was approved with proffers by the Board of Supervisors on February 9, 2005. The original submission of this MDP highlighted inconsistencies with the approved Rezoning and Generalized Development Plan (GDP). As a result, the application is pursuing a revision to the original Rezoning. This proposed revised rezoning and its approval must precede this MDP in order for the MDP to comply with zoning ordinance requirements. D) Intended Use Up to 300 single family homes (this includes single family detached, single family small lot attached, and townhouses), right-of-way dedication for Route 37, 38.56 acres of open space, and 12.09 acres for a potential future non-residential development. o Staff note: The 12.09 acres for 'future potential non-residential development" are identified in both the current approved GDP and pending revised GDP as generalized open space. The intended use approved in the GDP respects the unique environmental characteristics of this parcel, yet it is not reflected in the MDP. o Staff note: The future potential non-residential land use and the highlighted road layout are inconsistent with the approved GDP, and is a violation of the RP MDP #04-07, Haggerty Property June 4, 2007 Page 5 district permitted uses. E) Site Suitability & Project Scope 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. I-]] o Staff note: The proposed MDP does not conform to the Eastern Road Plan. Important links that are not represented in the application include: • Building the "spine road" (Haggerty Boulevard) parallel to Route 37 from Route 7 to Senseny Road (Route 657). ■ Building an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The original rezoning provided for this item along the northern boundary of the property. The MDP under review has this road further south, and identified as a neighborhood street. The MDP should reflect the proper location of this major collector road through a right-of-way easement, typical section, and buffering. Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. [Comprehensive Policy Plan, p. 6-1, 6-2] The 111.56 acres subject to this MDP are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcels comprising this MDP application are not located within any of the Comprehensive Policy Plan's small land use area plans. However, the project site is depicted in the Eastern Frederick County Long Range Land Use Plan and Eastern Road Plan. Both plans identify the approximate path of the future Route 37 corridor. o Staff note: The MDP application has labeled a 12 acre parcel as "potential future non-residential development. " This designation is misleading, making it incompatible with the approved GDP. Staff believes that these 12 acres should be identified on the MDP as open space or park land, that it may be consistent with the approved GDP. Environment. MDP #04-07, Haggerty Property June 4, 2007 Page 6 The Opequon Creek provides the eastern border of the site. This feature and its associated floodplain warrant particular attention. The area of this site in floodplain, wetlands, lakes, and ponds totals approximately twenty acres, or eighteen percent of the 111.56 acre site. o Staff note: The original rezoning (414-04) was drafted to protect the 12 acres that is identified as potential non-residential development from development. There is a large amount of steep slopes and floodplains that lie within this area. The proposed MDP does not adequately address the protection of these sensitive environmental features. The pending MDP also hinders this area by proposing a storm water management pond to be built above this site; disturbance of this area should be avoided. The storm water management pond should be placed in a more suitable location. Transportation: Access to the site will be via a rural two-lane undivided collector road, Haggerty Boulevard, which will link the project site to Berryville Pike (Route 7) west of the Opequon Waste Water Treatment Plant (as proffered). o Staff note: The application does not provide the required road efficiency buffer along each side the Route 37 corridor. The buffering provided in the MDP appears that it will become inadequate when Route 37 is built out. Additional screening and buffering should be provided in preparing for that event. o Staff note: The Eastern Road Plan identifies an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The original rezoning provided for this item along the northern boundary of the property. The MDP under review has this road further south, and identified as a neighborhood street. The MDP should reflect the proper location of this major collector road through a right-of-way easement, typical section, and buffering. o Staff note: The MDP lists Haggerty Blvd as rural two-lane collector road, with housing units fronting this street. The original rezoning proffered an urban two- lane road with a center turn lane. The Eastern Road Plan also identifies this as a major collector road, and therefore should not have any housing units fronting. As stated above, this application lies within the UDA. As such, any major collector road provided within an application, that is located within the UDA, must show an urban road cross-section. Amenities such as curb and gutter, sidewalks, and buffering will be expected. o Staff note: The adjacent Twin Lakes Overlook Development (Toll Brothers) MDP #05-04, shows a series of neighborhood streets to be placed alongside the Haggerty property boundary lines. The connection to this approved street network is required. There's an opportunity to connect a north -south neighborhood street from the southern end of Phase Two of Haggerty to Phase Ten of the Toll Brothers project. Currently, this MDP does not provide acceptable interparcel connectivity. Recreational Amenities: A paved 10 foot -wide trail system will be built to the standards of the Department of Parks & Recreation, linking the residential areas to open space parcels and adjoining MDP #04-07, Haggerty Property June 4, 2007 Page 7 developments. A location for a community center has been identified on the Haggerty property. However, it is noted on the MDP that if the neighboring Adams property receives rezoning approval, then the Haggerty community center will be built on the Adams property, allowing the Haggerty development full access rights. o Staff note: The applicant proposes a trail link at the southern end of the property, north of the ravine, to the adjacent Toll Brothers. This project has an approved MDP (#05-04) that shows the trail link to the south of the ravine. To staff's knowledge, there has been no communication between the applicant and Toll Brothers to adjust their current plans, or any assurances that there will be. o Staff note: The MDP states that the community will be built on an adjacent property, should that property receive zoning approval in the future. The Zoning Ordinance states that any development containing single-family small lot housing shall provide a community center. Locating that community center on a separate parcel places this application in nonconformity to the ordinance. The community center should provide an amenity for this development. o Staff note: The MDP does not provide for a timetable to deliver the proposed community center. Proffers: Please see attached proffer statement. Issues: As stated above, there are still a number of outstanding issues yet to be resolved by the application: 1) Implementation of key elements of the Eastern Road Plan, with attention to the Spine Road and an east -west collector road. 2) Accurately depicting the proffered open space. 3) Appropriate interparcel connections of neighborhood streets and the pedestrian trail system. 4) Providing an adequate community center within the development based on housing type. 5) Additional screening and buffering alongside the Route 37 corridor, and major collector road network. STAFF CONCLUSIONS FOR THE 05//02/07 PLANNING COMMISSION MEETING: It is important to note that this MDP was based upon the pending Rezoning and proffer amendments for the Haggerty Property, Rezoning 404-07. The preliminary Master Development Plan for the Haggerty Development is in accordance with the proffers for Rezoning #04-07. If the Planning Commission does not recommend approval of Rezoning #04-07, this MDP should be revised to respect the original rezoning and proffers for the Haggerty Property Rezoning #14- 04, in particular, the road network provided with the approved GDP. Presently, this MDP is inconsistent with the proffered GDP approved with Rezoning #14-04. As stated above, this application fails to address requirements of the Zoning Ordinance. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. MDP #04-07, Haggerty Property June 4, 2007 Page S PLANNING COMMISSION SUMMARY AND ACTION OF THE MAY 2, 2007 MEETING: The applicant responded to the outstanding issues raised by the staff. The applicant raised the possibility of constructing the community center on the adjacent Adams' Farm property and enlarging it to serve both communities. He talked about relocating the inter -parcel connections on some of the neighborhood streets due to topography constraints and proposed Route 37, and the relocation of the trail system due to environmental impacts associated with crossing a stream and wetlands. The applicant noted that open space requirements for the MDP had been exceeded and the 12 -acre area labeled, "potential future non-residential development," could possibly accommodate a future small-scale commercial center. The applicant suggested that requiring a fall road efficiency buffer in addition to their proffered dedication of 121/2 acres for Route 37 and their proffered 20 -foot landscaped easement seemed unreasonable, especially in light of the fact that Route 37 had not yet been constructed. In addition, the applicant noted they had proffered a collector road, not a major collector; he said there were only a few single-family detached homes with access to Haggerty Boulevard. There were no public comments. Commission members said they could accept the applicant's proposal for relocating the trail system connection, if wetlands and a stream needed to be avoided. They did not agree with placing homes along Haggerty Boulevard because it was a violation of the zoning ordinance. Commissioners thought the possibility of a shared recreational center on a separate property could work; however, that property and proposal should have been brought in and incorporated with the Haggerty MDP. Details of the proposal were lacking and a suggestion was made that the applicant place a note on the MDP regarding the construction of the recreational center which included a trigger mechanism, possibly based on building permits. Another suggestion was for the placement of an alleyway behind the proposed homes on Haggerty Boulevard with a connection to Haggerty Boulevard further to the south. Questions were raised about the uncertainties with the inter -parcel connections. Overall, Commission members expressed concern about the many uncertainties surrounding the MDP and the fact that so many aspects of the plan seemed to be based on the development of adjacent properties. By a unanimous vote, the Planning Commission tabled the MDP for 45 days in order to give the applicant time to submit a more detailed plan and to work out the uncertainties surrounding the issues raised by the staff and the Commission. (Note: Commissioner Manuel abstained; Commissioners Ours and Triplett were absent from the meeting.) MDP #04-07, Haggerty Property June 4, 2007 Page 9 STAFF UPDATE FOR THE 06/20/07 PLANNING COMMISSION MEETING: A modified Master Development Plan was resubmitted to this office on May 25, 2007. Several items were addressed by the Applicant. These includeT correctly addressing and labeling the open space by removing the labeled area of potential non-residential development from the proffered open space, identifying the location of the recreational community center to serve the small lot single family residences, and the removal of references to the potential future rezoning of the Adams property. Several items remain unsatisfactorily addressed. These include; 1) The recognition of the east -west connector road as a major collector road, as identified in the Eastern Road Plan. 2) Applying the appropriate design of the major collector road, Valley Mill Road realigned, including road efficiency buffers and lot access. 3) Placing the realignment of Valley Mill Road in the correct location (dependent upon rezoning) 4) Detailing how the future construction of Route 37 will not impact the proposed road network, in particular, the realigned Valley Mill Road major collector road. 5) Ensuring adequate interparcel connectivity is provided to ultimately accommodate the Eddy's Lane properties, the adjacent Twin Lakes project (Channing Drive Phases 9 & 10), in addition to the Adams property. 6) Providing an agreeable connection of the trail system to the adjacent property and to the satisfaction of the Director of Parks and Recreation. 7) Ensuring potential access to adjacent properties over areas identified as open space. This would remove the possibility for this open space to continue to be used as a spite strip. 8) Providing an adequate road efficiency buffer adjacent to the length of future Route 37 for the benefit of the new residences. 9) Adjusting the location of the private alley serving the lots which front on Haggerty Boulevard. This street should have access from the residential street rather than Haggerty Boulevard at the intersection of the Spine Road and the east -west major collector road. 10) Protecting the environmental features within the designated open space. Specifically, the proposed stormwater management pond immediately east of Haggerty Boulevard should be removed from this extremely sensitive area. 11)Ensuring that the phasing of Haggerty Spine Road is consistent with Phasing of residential units. Also the MDP should identify the Road construction in relationship to the approved proffer phasing. Based upon the remaining outstanding items, Staff is unable to recommend that this Master Development Plan is in a form that is administratively approvable. The Planning Commission may choose to recommend administrative approval of this Master Development Plan upon the condition that all of the above identified issues and the requirements of the Frederick County Zoning and Subdivision Ordinances are satisfied (with concurrence of staff). Alternately, the Commission may table the Master Development Plan for an additional period of time as it currently inadequately addresses the requirements of the Zoning and Subdivision Ordinances. The Applicant should address all of the outstanding concerns and requirements. MDP 904-07, Haggerty Property June 4, 2007 Page 10 Staff will provide the Commission with an update of the status of the Haggerty Rezoning, which seeks to amend the proffers associated with the original rezoning, at your meeting. This rezoning is scheduled to be heard by the Board of Supervisors at their June 13, 2007 meeting. The decision of the Board of Supervisors may impact the evaluation of this request to revise the MDP. Please see the attached correspondence from the owners of Valley Mill Farm which continues to indicate that the ability to realign Valley Mill Road in accordance with the County's Eastern Road Plan is feasible and desirable. I Page 1 of 1 " Reminder: AOL will never ask you to send us your password or credit card number in an email. This message has been scanned for known viruses. From: sptlhill@aol.com To: clay@pond-atheylaw.com Cc: lawyers@visuallink.com Subject: Carriage Hill Project Date: Mon, 4 Jun 2007 11:02 AM Dear Clay, We are writing to inform you that we are no longer interested, under any circumstances, in allowing a right-of-way through our property to the Carriage Hill project. We ask that you not represent to anyone on the Board of Supervisors that you are in any type of negotiations with us on this matter. Further, while you have been communicating through our attorney, no meaningful negotiations have taken place for some time. We ask that you cease communicating with Mr. Hobert on this matter. We do not intend to continue expending resources on negotiating given failure of our good faith efforts to address these matters. We have informed some Board members of our position and reinforced to them our previous commitment to donate a right-of-way through our bottom property to allow for the future realignment of Valley Mill Road in accordance with the approved Eastern Road Program. Thank you, Tim and Tootser Stafford cc: All Members of the Board of Supervisors Staff at Frederick County Michael Hobert AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. JUN 5 2007 55 A 159 1 1 1 55 A 174C 55 p 16 1 °f�a\ ; ; 55 A 174 / Pee 55 p 166 ,1a0 8 c 1 1 - 1 1 P 7 55 A 174A ~ 55 A 165B~ _ Valley Mill Rd' s 1 sp ♦ J �� ^ ♦ � 56 A 19 A 55 A 165 tic ♦ �, r� I._ __.— --- - ass r♦ Q 55 A 210 h / I ,A . \ 55 A 20 56 A 18 t-IAt.he i ount'. 1 rrerura Frederick County, VA Master Development Plan MDP# 04 - 07 .Application Haggerty Property Parcel ID: 55 - A - 212, 212A Location in the County Map Features �•• Future Rt37 Bypass 0 Application Location a Lakes/Ponds ^— Streams Streets v Primary '•. Secondary Tertiary Urban Development Area SWSA Location in Surrounding Area 0 250 500 1,0P0 —Feet y Case Planner: Bernard ---,_.............. s,.......,-. ,........ I. -i NS\naggerLYrroperry iviiwu4u( U4U3U7.nixc1)4/12/2007--9:33:47AM =yam H a j'od.1 t. 0 - -- -- _ ! r w Lrq J: ;� . a fir II ( lilt fit (tutnt,.. Tlr ini,e r reaeriex Lounty, VA Master Development Plan MDP# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212,212A Location in the, County Map Features .*- Future Rt37 Bypass Application Location 6 Lakes/Ponds ^— Streams Flooplain Streets Primary ^b Secondary '�- Tertiary �1 Urban Development Area SWSA Topography (5' interval) ------... ..............� ...... ,,.." , �„ —1 1 ivips\naggeinyt-roperry 1`at)t'U4U( U4U3U7.1nxci) 4/12/2007 -- 9:33:47 AM Location in Surrounding Area 0 250 500 1.0po eat x Case Planner: Bernard l-PI\-dygCllyrruperLy iviut=u4u( u4U3Ul.mxd)4/12/2007--933:47AM Frederick County, VirLyinia Master Development Plan Application Packa UL $ 0 2006 r.n APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: HAGGERTY PROPERTY 2. Owner's Name: David B. Holliday (Please list the names of all owners or parties in interest) 3. Applicant: PHR&A Address: c/o Charles E. Maddox, Jr. 117 E. Piccadilly St., Winchester VA 22601 Phone: (540) 667-2139 4, Design Company: PHR&A Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: Charles E. Maddox, Jr. Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Located adjacent and east of Eddy's Lane (Rt. 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. 6. Total Acreage: 111.56 Acres 7. Property Information: a) Property Identification Number (PIN): 55-A-212 & 55 -A -212A b) Current Zoning: RP c) Present Use: Vacant d) Proposed Use: Single Family Detached and Attached e) Adjoining Property Information: SEE ATTACHED Property Identification Property Uses North South East West f) Magisterial District: RED BUD 8. Is this an original or amended Master Development Plan? Original X Amended 2 I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: V-119 C 3 55-A-209 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 [a!uI—" RA use Residential 55-A-211 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-213 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-210 Goldie's LC 310 Eddy's Lane, Winchester, VA 22602 RA Residential 55-4-1 Frederick — Winchester P.O. Box 4433, Winchester, VA 22604 RA Vacant 55-4-2 Steve Thomas Chadwell 6825 Valley Pike, Middletown, VA 22645. RA Residential 55-4-3 Michael Edward McKee 283 Eddy's Lane, Winchester, VA 22602 RA Residential 65-A-195 Lisa Ann & Mildred L Riggleman 2737 Senseny Road, Winchester, VA 22602 RA Agricultural 12-A-1 Robert A Ballantine 9910 Old Court Rd., Woodstock, VA 21163 RA Agricultural 12-A-2 Philip E & Mary V Wine 305 Chapel Hill Rd., Cross Junction, VA22625 RA Residential 56-A-19 Frederick — Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 56-A-19 Crown Communications, Inc PMB 353, 4017 Washington Rd., McCurray, PA 15317 RA Local Government Special Limited Power 'Attorney 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, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The Canyon, LC (Phone) 540.667.2120 (Address) PO Box 3276 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. 040014715 on Page and is described as Parcel: 212,212A Lot: Block: A Section: 55 Subdivision: N/A do hereby make, constitute and appoint: (Name) PHRA : Ron Mislowsj yh Patrick Sowers, Chuck Maddox John Callow Tom Price Phone: 667.2139 (Address) 117 E. Piccadilly Street 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, including: Rezoning (including proffers) Conditional Use Permits X 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 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 my (our) hand and seal this 24th day of May, 200 6 . Signature(s) State of Virginia, City/County of I, e�.g rvq To -wit: 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 roe in the jurisdiction aforesaid this day of _�y 200 (Fi 0 - �- AZ, My Commission Expires: 10-31 - Q Notary Publ �7 • SUBDIVISION REQUEST #11-07 ow��GK c°U�a WAYNE AND LINDA WRIGHT w Staff Report for the Planning Commission w Prepared: June 5, 2007 s;;;a Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide 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 06/20/07 Pending Board of Supervisors: 07/25/07 Pending LOCATION: The properties are located at the southeast corner of intersection of Front Royal Pike (Route 522) and Bentley Avenue. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-2-A1 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Open Space West: RP (Residential Performance) Use: Residential SUBDIVISION SPECIFICS: Subdivision of .659 acres into two (2) single-family detached urban housing lots (12,000 square feet minimum). Subdivision Request 911-07, Wayne and Linda Wright June 5, 2007 Page 2 Department of Transportation: No Comments Fire and Rescue: No Comments Sanitation Authoritv: No Comments Planning: This proposed subdivision will create a total of two new residential lots, with one (1) of the lots having an existing structure. The lot sizes will be 15,000 and 13,000 square feet. These new lots comply with the dimensional requirements of the single-family detached urban housing type, in particular the minimum lot size of 12,000 square feet. These proposed lots will have direct frontage on Front Royal Pike (Rt. 522) and Bentley Avenue. The lots in the vicinity of the subject subdivision are 12,000 square feet in size in an established neighborhood with established homes. (Chapel Hill Subdivision) This proposed subdivision will be consistent with the surrounding neighborhood, and is located within the Urban Development Area (UDA) and Sewer & Water Service Area (SWSA) as indicated by the 2003 Comprehensive Policv Plan of Frederick County. Staff Review: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter 144-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134A of the Frederick County Zoning Ordinance provided: 1) A proposed subdivision contains ten (10) or less traditional detached single-family dwelling units. 2) The proposed subdivision is not an integral portion of a property proposed or planned for future development. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) The proposed subdivision does not affect the intent of the Frederick County Zoning Ordinance, and Code of Frederick County Chapter 144; Subdivision of Land. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements; the applicant has been granted a waiver of the MDP requirements. Subdivision Request #11-07, Wayne and Linda Wright June 5, 2007 Page 3 Requested Waivers The Frederick County Zoning Ordinance requires that subdivisions which result in lots less than 15,000 square feet must provide: curb and gutter, sidewalks, streetlights, and open space. The applicant has sought an exception from these requirements, as these proposed lots will be serviced by existing sidewalk, curb and gutter. However, the applicant has requested a waiver of the open space requirements and road efficiency buffer requirements as required by the Frederick County Zoning Ordinance. • The applicant is seeking a waiver from the road efficiency buffer requirements, enabled by Section 144-4 (the existing condition may deem road efficiency unnecessary); this waiver of road efficiency buffer is at the discretion of the Board of Supervisors. • The applicant is seeking a waiver from the open space requirements, enabled by Section 165-63C (the existing condition may deem open space requirements as unnecessary); this waiver of open space is at the discretion of the Planning Commission. STAFF RECOMMENDATION FOR 06/20/07 PLANNING COMMISSION MEETING: This project contains land zoned RP and does not have an approved MDP. This proposed subdivision appears to satisfy agency and ordinance requirements, and has had the Master Development Plan (MDP) requirement waived. These proposed lots comply with the dimensional requirements of the single-family detached traditional urban housing type. When considering the waiver requests, the Planning Commission should consider the surrounding properties and their existing improvements. Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. Planning Commission action on three items would be appropriate: • Road efficiency buffer waiver (SOS Waiver) • Open Space waiver (PC Waiver) • Granting staff administrative approval authority (Board action) Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Frederick Subdivision Wavier SUBWAV # 11 - 07 Application Location in the County Map Features O Hamlets �+ Future Rt37 Bypass Q Application CJ Airport Lakes/Ponds Streams Streets Primary '4 Secondary '�- Terciary Urban Development Area SWSA Location in Surrounding Area 0 100 20u 41 w Map Document: (N:\Planning_And_Development\_1_Locator_MpS\WayneLindaWright_SUBWAV1107_052907.mxd) 5/29/2007 -- 9:25:05 AM —'—va4avr.mxajDt[ylZUU(--9:25:05AM Map Document: (N:\Plannina And r)ev2lnnmont4 1 1 +„ ee inn,_ -_1...............__ ___ __ Frederick County, VA Location in the County Map Features Subdivision Wavier SUBWAV # 11 - 07 Application Wayne & Linda Wright Parcel ID: 64 -2 -AI 0 Hamlets Long Range Land Use •G• Future Rt37 Bypass Rural Community Center C3 Application Residential Airport Business Lakes/Ponds IZI Industrial ^-- Streams ® Institutional Streets Recreation Primary ..:� Historic 'M Secondary ® Mixed -Use '�- Tertiary ® Planned Unit Development Zf Urban Development Area :.",^ SWSA f Winches/cr ♦ t Location in Surrounding P�rea .Q.�Gb CpG tea 0 100 200 4 { r Case Planner: Mark • —---�-.--_,..__...........�..._.,...-...r,� r rvr voc�w.tnxa� �r�al�wi -- y:Zb:U5AM , _.,— �... _v.��avr. I i �u/U1L7tLUU!--`J:Lb:Vb HM COUNTY of FREDERICK 1 8 rUui Department of Planning and Development 107 North Kent Street • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 ♦TiTT !T V/-'� 7 rFTWd- &TC1 7 T'11r%U,"n1T1 A TTY WC AT,- lil v 1ERIE�(7Er 1I"il3 ItL uL� D 1 AYYLI� -A l 1. Applicant: Name: A Ougna Brown Telephone: Address: Har.5h 4 Legge ,LQnd 5vrveyors r O ou 2. Property owner (if different than above): Name: F. {.favrn e 4 /-, nda k_ Telephone: (5 q.o) a&9 - 4[0/7 Address: /P-4 Page ct: In b;te 8>4 Via . 2P-&eo3 3. Contact person (if other than above): Name: Telephone: 4. Waiver request details (include specific ordinance requirements to be waived): S c sf De-i6;1s. S. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): _50,J),1e4sf -Corner of-inlerseehon of Alan Royal Aoke (Rh 5 Z2 cwJ BenPey Arenve- 6. Parcel Identification/Location: Parcel Identification Number & -g-Al Magisterial District: ;5J-1qwnde 7. Property zoning and current use: Zoned: app Current Use: Rejside ,u l District 8. Attachments: Adjoining Property Owners List ✓ Existing/recorded and Proposed Plats OFFICE USE, ONLY, F66:::; $500 enclosed C3 Receipt # 7�� Q 9. List of Adjoining Properties: The following names and addre firms, or corporations owning property adjacent to the property for which the waiver or cx��yu�u is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary) These people will be notified by mail of this application. NAME Duane W. 4 Afarfha k. h/ec krngn Address 1049 Jlran-f Roya/ P;keS w;nches�cr,Va. 2Z(,o Property ID # Co 4 _ 2 _ JK; A,tel $_ d Sandra J. He Don,* lot Address e.74 W. Park;ns M;11 2d.,1�i;nciie5ler�Ya. ,2�laq Property ID # &4 - Z Frank!;n L. Myers Address 107/ Fronf Ro a/ P.'ke, Int;ne-hesier, Na. 8 Property ID # la44 Afelan;e 498;l/y R, Ale 1 sort' Address /046 Fc„ nA Royal P.•ke Wnehesler Va.22Lok Property ID # 64,0 -A-9 Frctn kJ;n L. Myers J $r, Address /o7/ Fronf Re a/ 0%e 1nl►nG�.�sl r V; 2,` , property ID # 64D Cha)OeI f!;/I Homeowners Assoc., Inc, Address No address avcs/labfe Property ID # p m' 640-7- 34A Address , Property ID # Address Property ID # Address � toperty ID # _ Address Property ID # Address Property ID # - Page 2- DALand Usc Applieationslkpplieazion FwmsWraiver request forrnwpd Waiver Requests PIN 64-2-A1 1059 Front Royal Pike The owners (F. Wayne and Linda K. Wright) of the property propose to divide the property into 2 parcels: Lot 1 containing 15,742 square feet and Lot 2 containing 13,000 square feet. The property is currently zoned RP (Residential Performance). The adjoining properties are zoned RP and are served by public utilities. The subject property is bounded on the north by Bentley Avenue, the primary access to Chapel Hill Subdivision. Chapel Hill contains 34 lots with a minimum area of 12,000 square feet and an average area of 12,130 square feet. Open Space has been provided within the subdivision. Bentley Avenue has been constructed in accordance with approved VDOT construction requirements. Curb and gutter, sidewalks, stormwater management and other amenities have been provided. Because of anticipated minor impacts created by this proposal and because of the current existing housing types of surrounding properties, we request waivers to the following Zoning and Subdivision regulations: Zoning 165-63.A 165-133.A Subdivision 144-10 144-12 144-17 144-18 144-19 144-20 144-21 CURVE TABLE CURVE RADIUS ARC T.AN BEARING CHORD DELTA 01 30.00' 47.14' 30.01' N 39°17'48" E 42.41' 90`0140" ° C2 300.00' 47.58' 23.84' N 88°51'15" E 47.53' 09°05'14" z ° a ❑ o 0: rn W � o PIN 64D -7-34A CHAPEL HILL HOMEOWNERS ASOC., INC DB 934 PG 1329 ZONED: RP USE: OPEN SPACE BENTLEY AVENUE - 50' PJW \ IRS 0 26' BEHIND NOTES: EXISTING CURB IRS 0.12' BEHIND EXISTING AND GUTTERS SIDEWALK SIDEWALK SIDEWALK _ 9 -- -- 15' I t m 35 B— RL — IR I z �5' BRL LOT 1I LOT 2 en 15,742 SQ. FT.�I Jim 13,000 SQ. FT. m m c) oNMCD U) 25'BRL160_35' IRS_ 13g.5g' EX. 20' FCSA N 86°46'44" W 299.93' (TOTAL) -- IPS EX. 20' FCSA WATER ESMT. SANITARY SEWER ESMT. DB 787 PG 1375 DB 837 PG 139 PIN 64-2-A2 DUANE W. & MARTHA K. HOCKMAN DB 237 PG 325 ZONED: RP USE: RESIDENTIAL LEGEND: IPF - IRON PIPE FOUND IPS - IRON PIPE SET IRS - IRON ROD SET BRL - BUILDING RESTRICTION LINE OVERHEAD UTILITY LINE - UTILITY POLE WM - WATER METER CO - CLEAN OUT TCB - TELEPHONE CONTROL BOX - PRIVATE 15' WATER EASEMENT HEREBY CREATED FOR THE BENEFIT OF LOT 2 PIN 64-2-62 FRANKLIN L. & REBECCA K. MYERS DB 894 PG 166 ZONED: RP USE: RESIDENTIAL I I LINE TART IF LINE BEARING DISTANCE L1 S 05°42'12" E 31.06' L2 N 05°42'54" W 55.27' L3 N 84"18'38" E 42.28' ® - PRIVATE 15' SANITARY SEWER EASEMENT HEREBY CREATED FOR THE BENEFIT OF LOT 1 1. NO TITLE REPORT FURNISHED; THEREFORE, THERE MAY BE EASEMENTS OR ENCUMBRANCES THAT EXIST THAT ARE NOT SHOWN ON HEREIN. 2. BOUNDARY INFORMATION SHOWN IS BASED ON AN ACTUAL FIELD SURVEY COMPLETED APRIL 2, 2007. 50 0 50 100 3. PROPERTY IDENTIFICATION NUMBER (PIN): 64-2-A1. 4. EX. ZONE: RP, EX. USE: RESIDENTIAL. SCALE: 1 " = 50' FINAL PLAT OF SUBDIVISION �TH of OF THE LAND OF F. WAYNE WRIGHT AND LINDA K. WRIGHT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA P. Duane Brown No. 001285 May io, ,2007 DATE: 05/10/07 SCALE: 1" = 50' SHEET: 2 OF 2 LAND SURyzi3 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: HBK PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.com ID 8079 -SUB I C: • • COUNTY of FREDERICK Departmeat of Planning and Development 546/665-5651 FAX: 540/665-6395 MEMORANDUM To: Frederick County Planning Commission i From: Susan K. Eddy, AICP, Principal Planner 5 K F_ Subject: Planning Commission Discussion — Horses in the RP District Date: June 4, 2007 Staff has recently had inquiries from members of the public on the permissibility of horses on large RP (Residential Performance) District lots outside of the Urban Development Area (UDA) and SWSA (Sewer and Water Service Area). The Zoning Ordinance currently allows agriculture and farming only in the RA (Rural Areas) Zoning District. Agriculture and farming includes within its definition "the raising, shearing, feeding, caring for, training and management of animals". While the RP Zoning District is primarily intended for suburban and urban housing types, there are some historically zoned RP lots outside of the UDA and SWSA. Some of these are the single-family detached rural traditional housing type. These are single family residences on an individual lot with a minimum lot size of 100,000 square feet (2.3 acres) without public sewer and water. Map #I shows the location of these single-family detached rural traditional housing types. Most are located in Opequon Ridge, Opequon Estates, McGuire Hills, Brookneill and Stonebrook. Most are surrounded by RA (Rural Areas) District properties. (Private covenants may of course restrict animals in some of these developments.) The R5 (Residential Recreational Community) District also includes all uses allowed in the RP District. Should the County make changes to the RP District, these would apply in the R5 District as well. Map #2 shows all R5 zoned properties, outside of the UDA & SWSA, that are over 100,000 square feet. These lots are located in all of the County's R5 developments: Lake Holiday (including Timber Ridge & Autumn Hills), Shawneeland, Mountain Falls Park, Wilde Acres and Shenandoah. Many of these lots, especially in Shenandoah, are for future development and will not likely remain over 100,000 square feet in area in the future. Should animals be used as part of a R5 community recreational facility, this would need to be shown on a master development plan. The Development Review and Regulations Subcommittee (DRRS) considered this item at their meeting on May 24, 2007. There was discussion of the locations of the 100,000+ square foot RP lots, the surroundings in those areas and the expectations of the current property owners. The DRRS did not reach a full consensus on this item. There was a consensus that any revised ordinance should apply to all farm animals, not j ust horses. There was a consensus that the number of animals and the locations of barns should not be regula ed asi they are in some Aer j�iri Cti�goo here was 107 North Dent Street, uife 02 Winchester, irgi as 22 Planning Commission Re: Horses in the RP District Page 2 June 4, 2007 consensus that a conditional use permit was not appropriate. Where the DRRS failed to achieve consensus was on whether farm animals should be allowed at all on these large RP lots and further whether this should be allowed in the R5 District as well. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. SKE/bbd MAP 2 RS Properties >= 100k sgft s ( Outside of the UDA & SWSA ) ,Z,- ,� -^ L 1 � 1 i lk \„ /. �� �w„ »tel �i `S t•.�- \ "� . \ • �w •/ !� � 4 � j�'v. �.� `tip#.j•� c.-�s `� ._. _ 00 Y. ` 355 Properties >= 100k sgft�� �. .� 3203 Acres Legend y R5zoning_GrirThanEqua12_100k- i t�� Urban Development Area - r _ ��'• C SVVSA ' R5 (Residential Recreational Community District) / Miles .' � ; 5 .=;;,' • � ' 0 0.5 1 2 3 " / ` COUNTY of FREDERICK Department of Planning and Development MEMORANDUM-] TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning and Subdivision Administrator,,-!-; RE: Proposed Subdivision of Shawnee Canning Company Land DATE: June 19, 2007 540/665-5651 FAX: 540/665-6395 Staff is requesting to place this proposed subdivision for your consideration under "Other" on your agenda. The reason for this request is that the property owner is ready to close on this property, and the scheduling in July of the Planning Commission and Board of Supervisors meetings would delay the closing. This proposed subdivision is zoned B-2 (Business General), and has met the requirements for a waiver from the MDP requirements, and, therefore, has been granted a waiver of the MDP requirements. The lot size of this subdivision will be two acres and three acres respectfully. There are no waivers of the Frederick County Code Chapters 144 and 165 needed with this subdivision. Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. MRC/bud Enclosures 107 forth ]Kent Street, Suite 202 e Winchester, Virginia 22601-5000 CO SUBDIVISION RE(' 2UEST #14-07 Qw , SHAWNEE CANNING CO., INC. Staff Report for the Planning Commission Prepared: June 15 2007 p Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide 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 06/20/07 Pending Board of Supervisors: 06/27/07 Pending LOCATION: The property is located 800 feet north of the intersection of North Frederick Pike (Route 522) and Cross Junction Road (Route 693). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 18-A-42 A PROPERTY ZONING & PRESENT USE: B-2 (Business, General), RA (Rural Areas) Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Residential Use: Residential SUBDIVISION SPECIFICS: Subdivision of 5.2086 acres creating two parcels of 3.1890 acres and 2.0196 acres. Subdivision Request 414-07, Shawnee Canning Co., Inc. June 15, 2007 Page 2 Department of Transportation: Awaiting review and approval. Fire and Fescue: No comments. Frederick County Health Department: Awaiting review and approval. Planning: This proposed subdivision will create a total of two B-2 zoned parcels of two acres and three acres respectfully. The parent parcel has been zoned B-2 since the 1970's, with no approved Master Development Plan. Public -Meeting Re wire n�.ent The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter I 44-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134 B of the Frederick County Zoning Ordinance provided: 1) A proposed subdivision contains less than ten (10) acres in the B-2 zoning district. 2) Includes no new streets, roads, or rights -of -ways, does not further extend any existing or dedicated street and does not significantly the layout of any existing or dedicated street. 3) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one (1) lot. 4) Is not an integral portion of a property proposed or planned for future development or subdivision. 5) Is planned to be developed in a manner that is harmonious with the surrounding properties and land uses. 6) That such development does not substantially affect the purpose and intent of this chapter. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements; the applicant has been granted a waiver of the MDP requirements. Staff Review: This project contains land zoned B-2 and does not have an approved MDP. The Master Development Plan (MDP) requirement has been waived. This proposed subdivision appears to satisfy agency and ordinance requirements if approved. This subdivision will not impact any of the adjoining properties or roads, and is not an integral part of a planned or future development. Subdivision Request #14-07, Shawnee Canning Co., Inc. June 15, 2007 Page 3 The two (2) proposed parcels will abut and have direct access to North Frederick Pike (Route 522), via a private 50 foot ingress/egress easement. STAFF RECOMMENDATION FOR 06/20/07 PLANNING COMMISSION MEETING: Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. .�'O` tVLIIVN hGI(a,ti1J 18 5 �?, KENDALL 5 n MICHAEL P 19 A 7 BAKER, MARTHA E 18 A 7D 43BAKER;THELMA c Its 18 A 7C WERNER, MARSHA D ��SJSp v F 522 v2 m yy 19 A 8 �. V.. o CAVE, EDWARD L & JENNIFER J C' o r � y�cr 2 �, ry n Lu p GS L 3 oc' 0 0. w rbc' z F9lO r8 T q � " BAkFR 4'9.: s1 ff 7Z7q A18 A 43 ORGAN, SANDRA rZyf 9� c<0 18 A 36., CAVE, EDWARD L tiIr G 18 A 44 ORGAN, SANDRA CP<Ir AimO� e Map Document: (N:\Planninq And Develonment\ 1 I nrnfnr nnnc%(Zh,,..---r' r rCuer1CK t -,Maty, VA Subdivision SUB # 14 - 07 Application Shawnee Canning Co, Inc. Parcel ID: 18 -A -42A Location in the County Map Features O Hamlets eK Future Rt37 Bypass a Application L= Airport Lakes/Ponds Streams C-^ Buildings Streets Primary Secondary '�- Tertiary 6= Urban Development Area SWSA ttlhitacre Cross J ^tion O 3ummtt • Lal;e Holiday J _ 0 100 200 40 - FOeet4 Case Planner: Mark uvr .—AU) Vt t v/CVU! -- 1:4p:Zf F'IVI r _ Shawnee CCann-in In - ce Map Document: (N:\Planning And Develnnment\ 9 I —f— na �t Frederick County, VA Subdivision SUB # 14 - 07 Application Shawnee Canning Co, Inc. Parcel ID: 18 -A -42A Location in the County Map Features O Hamlets Zoning •!. Future Rt37 Bypass B1 (Business, Neighborhood District) Application B2 (Business, General District) O Airport Q B3 (Business, Industrial Transition District) - - LakeslPonds EM (EMractive Manufacturing District) ^— Streams 4ft HE (Higher Education District) Buildings QD M1 (Industrial, Light District) Streets M2 (Industrial, General District) Primary s MH1 (Mobile Home Community District) 1. Secondary MS (Medical Support District) '�- Tertiary R4 (Residential, Planned Community District) �f Urban Development Area aU R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) SWSA Nhitacre Cross Jis -bort O c Summit - Lake Holiday Location in Surrounding Area ifs 0 100 200 40 Case Planner: Mark rwr.nucu/ Ur I W/-UUr -- -1:410:Z/ NM SUB # 14-07 - - Aerial Neap Map Document: (N:\Plannina And DPvelnnmant\ 9 I —f-, Frederick County, VA Subdivision SUB# 14-07 Application Shawnee Canning Co, Inc. Parcel. ID: 18 -A -42A Location in the County Map Features O Hamlets !s Future Rt37 Bypass = Application C Airport L5 Lakes/Ponds - Streams Streets Primary '�. Secondary '�- Tertiary .0 Urban Development Area SWSA Nhitacre , Cross J tion O :. Summit - Lake Holiday )L Location in Surrounding Area 0 100 200 40 .� �eet a Wry Case Planner: Mark 'IV/ .1117,U) o/ ty/ZL)U( -- 1:45:Z/ PM 1. Applicant: COUN'T'Y of FREDERICK Departinent of Planning and Development 107 North Kent Street 4e Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WAIVER/EXCEPTIONS REQUEST APPLICATION Name: CC) -DV(-- Telephone: Address: P. 6. d 0 / j T 2. Property owner (if different than above): Name: F.'rVIRM 3. Contact person (if other than above): Telephone: Name: yell:-/'m>'m ��� �fi�G2C Telephone: 4. Waiver request details (include specific ordinance requirements to be waived): 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 4226)Atikollv %- 6. Parcel Identification/Location: Parcel Identification Number /'° A - . Iz Magisterial District: 7. Property zoning and current use: Zoned: 0-1? /;1116 jM District Current Use: Cai' MO C✓,44 8. Attachments: Adjoining Property Owners List ✓ Existing/recorded and Proposed Plats' OFFICE U.O.T- Y Fee $S t3 e SEnclosed '`" Rccetpt #` 9. List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. MINIM �E WC rr�' B- ZAVVIJ Address P.&6OX 3Z-5, COlOss JCkIC7tc—I VA' ZZO�' Property ID # fig,. 4 - 4? �E,s, Address f?& ,/AUX Z5, C.,&S:sJUWC- RIC -. ' V11, 2;-�6Zs- Property ID # j %,sir i TC 6 . Edi' i �i � Address PO Property ID # .iit/e'}�Fi C 046fr Address X55 /�%�T/�i?� �✓��c,� ��sN�r���, p�3 ��t Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2- 0 L=d Use Applications\Applicarion Forms4aiver request form.wpd PARCEL HISTORY OF TAX MAP 18 -A -42A Shawnee Canning Company, Inc, Gainesboro Magisterial District Frederick County, Virginia 1. Land was conveyed to Shawnee Canning Company, Inc. by deed dated 13 May 1985 and recorded in Deed Book 593 at Page 633 from Dominion Trust Company, Trustee under the Will of Harold R. Edwards, Deceased. This deed describes the land as Parcel One containing 3 acres, more or less and Parcel Two containing 2 acres, more or less. 2. A parcel containing 70,000 square feet adjoining the two parcels outlined in Item 1 above was conveyed to Shawnee Canning Company, Inc. from Jeanette B. Hoffman, Et Vir, by deed dated 5 April 1985 and recorded in Deed Book 603 at Page 830. 3. A boundary survey was made by Lee A. Ebert, L.S. on July 3, 1985 of the two parcels described in Item 1 above and ascertained that the actual areas of the two parcels were 3.033 Acres and 2.486 Acres respectively. This boundary survey is recorded in Deed Book 603 at Page 841. 4. A Boundary Line Adjustment was made on June 24, 1986 y L. Allen Ebert, L.S. of the aforesaid parcels whereby Parcel One was designated as Parcel One -A and contained 2.103 Acres and Parcel Two was designated as Parcel Two -A and contained 3.416 Acres. This Boundary Line Adjustment is recorded in Deed Book 748 at Page 413. 5. A Boundary Line Adjustment was made on August 23,1990 by L. Allen Ebert, L.S., and recorded in Deed Book 750 at Page 791 combining Parcel Two -A with the 70,000 square foot parcel outlined in Item 2 above plus an additional 0.186 acre strip from Jeanette B. Hoffman making a new total area of the parcel now designated as Tax Map 18 -A -42A of 5.209 Acres. MARSH & LEG'GE L4ND SURVEYORS, PLC. 560 North Loudoun Street, Winchester, VA 22601 - 540-667-0468 m Fax: 540-667-0469 R E-zzzait!liiiicf&marshandlegge.conz Junc 11, 2007 Mr. Eric Lawrence, Director of Planning and Development County of Frederick, Virginia 107 North Kent Street Winchester, VA 22601 Re: Request for Waiver of Master Development Plan Requirement Tax Map Parcel 18 -((A)) -42A (Shawnee Canning Co. Land) Gainesboro Magisterial District, Frederick County, VA Dear Mr. Lawrence: The purpose of this letter is to request approval for a waiver of the Master Development Plan requirement for the above referenced site owned by Shawnee Canning Company as authorized in Section 165-134 of the Frederick County Zoning Ordinance. This parcel of land is zoned B-2 (Business, General) and contains 5.2086 Acres. The owner of this land desires to subdivide this parcel for the purpose of selling a lot which will contain the existing Shawnee Springs Market and retain a lot which contains the Cross Junction Post Office. The basis for the request of the waiver of the Master Development Plan requirement is as follows. • The proposed subdivision of the parent tract which contains less than ten acres creates two lots containing 3.1890 acres and 2.0196 acres respectively • This subdivision includes no new streets or roads and does not extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street • The parcels do not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot • The parcels are not an integral portion of a property proposed or planned for future development or subdivision and are planned to be developed in a manner that is harmonious with surrounding properties and land uses. • The proposed subdivision does not substantially affect the purpose and intent of Section 165-134 of the Frederick County Zoning Ordinance. Enclosed is an advance copy of the proposed subdivision to be used in your consideration of this matter If you need additional information or have any questions pertaining to this request, please contact our office at your convenience. Sincerely, Dou as C. Legge, L.S' Project Manager cc: Mr. William Lee Whitace, Shawnee Canning Co. Enclosure 701 522 522 SIZE 707 VICINITY MAP SCALE. i "'=1000' 693 693 APPROVED BY FREDERICK COUNTY HEAL TH DEPARTMENT DATE VIRGINIA DEPARTMENT OF TRANSPORTATION DATE FREDERICK COUNTY SUBDI PISION ADMINISTRATOR DA rE OWNERS CER77FICA7F THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF SHAWNEE CANNING COMPANY, INC. (TAX MAP 78-A-42AJ, AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH 7HE FREE CONSENT AND /At ACCORDANCE WITH THE DESIRES OF lHE UNDERSIGNED OWNERS, PROPRIETORS, AND TRU57FES, IF ANY. BY ON BEHALF OF SHAWNEE DA IE CANNING COMPANY, INC. NOTARY PUBLIC STATE OF CITY/COUNTY OF THE FOREGOING 1NSIRUMENT WAS ACKNOWLEDGED BEFORE ME ON (DATE) BY ON BEHALF OF SHAWNEE CANNING COMPANY, INC. MY COMMISSION EXPIRES ON (NOTARY PUBLIC (DATE) NOIFS 7. NO 777ZE REPORT FURNISHED,- THEREFORE, EASEMENTS OR ENCUMBRANCES AFFECTING THE PROPERTY REPRESENTED SY THIS SURVEY MAY EXIST THAT ARE NOT SHOWN. 2. THE BOUNDARY INFORMA77ON SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD RUN SURVEY COMPLETED ON 14 MA Y 2007 3. ACCORDING TO FEMA FLOOD INSURANCE RATE MAP N0. 510063 0050 B, DATED 17 ✓UL Y 1978, THE LAND SHOWN ON THIS PLAT 15 WITHIN AN AREA DESIGNATED AS ZONE C WHICH IS AN AREA OF MINIMAL FLOOD'NC SURVEYOR'S CER77FICA IF / HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION /S THE LAND CONVEYED TO SHAWNEE CANNING COMPANY, INC. TAX MAP 18—A-42A] BY BOUNDARY LINE ADJUSTMENT DEED DATED 10 SEPTEMBER 1990, AS RECORDED IN DEED HOOK 750 AT PAGE 791 IN 1H£ OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGIN/A. FINAL PLAT OF SUBDIVISION OF THE LAND OF SHAWNEE CANNING COMPANY, INC. TAX MAP 78-A-42A_) 'eL t 0 - GAINESBORO MAGISTERIAL DISTRICT�� %p FREDERICK COUNTY, VIRGINIA MA Y 31, 2007 O` D P. Duane Brown No. 001285 �N� DRAWN BY: JTG DWG NAME: ID5182PLAT SHEET 1 OF 3 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN 57REET WINCHESTER, 19RG/N1A 22601 S U R� hyo PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL offic&*norshcnd/egge.com GRAPHIC SCALE- 100' CALE100' 0' 100' 200' SCALE : >" = 100' FINAL PLAT OF SMOIVISION OF THE LAND OF SHA ffff- CANNING COMPANY, INC. [TAX MAP 18-A-42AJ GAINESSORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA MA Y 31, 2007 U. S. ROUTE 522 N NORTH FRETERICK PIKE VARIA8LE W/DTH RIW - D.B. 324 P. 308 =fI1'30" W ASPHAL FUEL PARKING PUMPS --- ii TAX MAP 18-A -42A 5.2086 ACRES DEED 800K 750 PAGE 791 A� l TAX MAP 18-A-41 SHAWNEE CANNING COMPANY, INC. �\ D. S. 593 P. 633 o� D. 8.748 P. 413 �? 3.42 ACRES ZONED.- RA I USE RESIDENTTAL ` vq SEC !' OUTF 6,q CROS — W 336 3�. N 50'33'24 / EXIS TI' V G C€.°AC TIO S (OLD ROl/TE 52 1UIyC�UN_�'Q4 p 10TAX P 18-A-38 (ERRONEOUS) JEANETTE 8.MCKEEVER) HOFFMAN D. S. 182 P. 448 3 ACRES ZONED: RA USE AGRICULTURAL moo, sem, A TAX MAP 18-A-39 JEANETTE ,l (EATON) HOFFMAN D.B. 462 P. 760 3.00 ACRES ZONED: RA USE RESIDENTIAL DRAWN BY: JTG I DWG NAME: ID5182PLAT ' SHEET 2 OF 3 iviarsh & Legge Land Surveyors, P.L.C. ` 560 NORTH LOUOOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL officeCs3norshondlegge. cam PLT H OF `� Z' o U P. Duane Brown No. 001285 Su0��►R� 350.04'--.-.------ N 3835'43" W W– – N 45'07'28, – _ 77.65' — 1 _ � � V x _n SHANINEE /�_� - ' � i CROSS IUNCRON SPRIN�6656 MARKET EX. DRA/NF/ELD �„ f POST OFFICE EASEMENT T OF D.B.750 P. = , , 54 791 %------ --— TAX MAP 18-A-42 �J \\ JEANNETTE 8. \ (EATON) HOFFMAN DR J58 P. J46 0.8.750 P.79> 3.94 ACRES F 2S89AF q� ZONED- RA j USE IFESIDEN71AZ EX. 20' R/W FOR 11VGRE55/EGRES5 DB.603 P. 830 NO TAX MAP N0. A'I A SHAWNEE CANNING COMPANY, - D. S. 479 P. 763 - 0.07 ACRES 9]] ZONED.• RA - USE VACANT S p 9 GRAPHIC SCALE- 100' CALE100' 0' 100' 200' SCALE : >" = 100' FINAL PLAT OF SMOIVISION OF THE LAND OF SHA ffff- CANNING COMPANY, INC. [TAX MAP 18-A-42AJ GAINESSORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA MA Y 31, 2007 U. S. ROUTE 522 N NORTH FRETERICK PIKE VARIA8LE W/DTH RIW - D.B. 324 P. 308 =fI1'30" W ASPHAL FUEL PARKING PUMPS --- ii TAX MAP 18-A -42A 5.2086 ACRES DEED 800K 750 PAGE 791 A� l TAX MAP 18-A-41 SHAWNEE CANNING COMPANY, INC. �\ D. S. 593 P. 633 o� D. 8.748 P. 413 �? 3.42 ACRES ZONED.- RA I USE RESIDENTTAL ` vq SEC !' OUTF 6,q CROS — W 336 3�. N 50'33'24 / EXIS TI' V G C€.°AC TIO S (OLD ROl/TE 52 1UIyC�UN_�'Q4 p 10TAX P 18-A-38 (ERRONEOUS) JEANETTE 8.MCKEEVER) HOFFMAN D. S. 182 P. 448 3 ACRES ZONED: RA USE AGRICULTURAL moo, sem, A TAX MAP 18-A-39 JEANETTE ,l (EATON) HOFFMAN D.B. 462 P. 760 3.00 ACRES ZONED: RA USE RESIDENTIAL DRAWN BY: JTG I DWG NAME: ID5182PLAT ' SHEET 2 OF 3 iviarsh & Legge Land Surveyors, P.L.C. ` 560 NORTH LOUOOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL officeCs3norshondlegge. cam PLT H OF `� Z' o U P. Duane Brown No. 001285 Su0��►R� INGRESS/EGRESS EASEMENT HEREBY CREATED FOR THE BENEFIT OF LOT 2 787 f TO RTE, 693 N 38:3543" W 350.04' " W --�--�..T..x -J N 45-07'28- _ _: .. - 230. 45 07'28» W- - IRs (150.0) IRS 119.70' \ `o N zz !R 77,65'1x � r_- 173.59' ' 1 CROSS ✓UNC7T0N, 50' BRL POST OFFICE E 50 BRL_ - 1 ,f16654 a � SHAWNEE LO4p T 2_ SPRINGS ' 2.0196 ACRES MARKET #/6656 EX. ORAINF/ELD N ZONED: RA & BZ �L i 7 EASEMENT ' NEW TAX MAP X ALL CAF 5 E U.S. ROUTE 522 — NOR /7/ FREDERICK PIKE IRs 22 VARIABLE W1DTH R/W - 0.8.324 1l.308W 336.34 IRs _ N x=- --- N 5a 33 29 p 24, 130"' Gy 305.00' o V ASPHALT \ "' FUEL PARKING IRS 50 B� A PUMPS i i' 50' BRL / C, PRIVATE WATER EASEMENT LOT 1 HEREBY CREA F L�� 2 E ,3.1690 ACRES BENEL IT 16 ORS ZONED.- 82 y TAX MAP 18 -A -42A Q4� D. B. 750 P. 791 18 -A -42C N „ E 244,11 1 v \ IRS S 43'1818 I L5 _ --7 20 s�8 „e IRF \ / / So 9�0� S \ ASPHAL T / p / o� DRAINFIELD EASEMENT LINE DATA: S��„ \IoyFp f 2S lOy\ g2 /q ROADr j " DRAINFIELD l�A L9 `�� EASEMENT —�� HEPERPE7UITRQED ��6, �6 J IRS �s LEGEND EX. 20' R W I IRF /� 8 L7 Jl 1N RF - IRON ROD FOUND FOR INGRESS/EGRESSFRAME A' l o TM 18-A-41 AND LOT IRS - IRON ROD SET CMF D. B. 603 P.8JO �� ��" I / BARN 2 FOR THE - CONCRETE MONUMENT FOUND / A INSTALLAT/ON AND 5/?L - BUILDING RESTRICTION LINE \\,C L�2 LR / ti� / MAINTENANCE OF - x - - RAIL FENCE J s �sly� DRAINFIELDS FOR THE " BENEFIT OF LOT 1 NOTE SEE SHEET 2 OF 3 FOR N 7746 34 E 277 65' (HEAL TY DEPARTMENT AD✓01NING PROPERTY INF0RMA77ON IRS /D f44060 GRAPHIC SCALE — _ >oo� '�10o' Vq SEC. ROU rF cR � PLT H OF � SCALE.- 1 " = 100' h,0(/TE 5 2J LlUN0,17O1V p ��`� �c _ F/NAL PLAT OF SUBDfVISION ? OF THE LAND OF p SHAMEE" CANNING COMPANY, INC. DRAWN BY: JTG DWG NAME: ID5182PLAT SHEET 3 OF 3 P. Duane Brown [TAX 'WAP 18-A-42AJ � ` Marsh & Legge Land Surveyors, P.L.C. No. 00.1285 GAINESBORO MAGfSTERIAL DISTRICT 560 NORTH LOUDOUN STREET WINCHESTER , VIRGINIA 22601 FREDERICK COUNTY, VIRGINIA PHONE (540 667-0468 FAX (540 667-0469 AND hyo MA Y 31, 2007 s u R� EMAIL office�narshondlegge.com