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PC 10-18-06 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia October 18, 2006 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for themeeting............................................................................................................... (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning #13-06 of Senseny Village, submitted by Greenway Engineering, for the purpose of revising the Generalized Development Plan (GDP) and proffers applicable to the road design. The property is located on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867) in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65 -A -49B and 65-A-55. Ms. Perkins...................................................................................................................... (A) PUBLIC MEETING 5) Master Development Plan #12-06 of Senseny Village, submitted by Greenway Engineering, to accommodate 285 residential units. The property is located on the south side of Rossurn Lane (Route 736) and Twinbrook Circle (Route 867) in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65 -A -49B and 65- A-55. Ms. Perkins...................................................................................................................... (B) 6) Subdivision and Waiver Request for Subdivision 913-06 for Winstone, LLC, submitted by Greenway Engineering, for the creation of a new 4.40 acre commercial property and waiver of Chapter 144, Article V, Section 24C — Lot Access. The property is located within Stonewall Plaza off North Frederick Pike (Route 522), and is identified with Property Identification Number 42 -A -198H, in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (C) FILE COPY 7) Subdivision and waiver Request for aubuiv►slon rr14-vv for 4C. Robert voiciibe ge , Al, submitted by Greenway Engineering, for the creation of a new 1.25 acre commercial property and waiver of Chapter 144, Article V, Section 31 C(1)(B) — Rural Subdivisions. The property fronts the western boundary of Martinsburg Pike (Route 11 N) about 0.65 miles north of the intersection with Interstate 81 (Exit 317), and is identified with Property Identification Number 43-A-111, in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (D) COMMISSION DISCUSSION 8) Urban Development Area (UDA) Study Policy Mr. Ruddy........................................................................................................................ (E) 9) Article V — RA Rural Areas District, Section 165-55 — Setback Requirements. Mr. Cheran....................................................................................................................... (F) 10) Other REZONING APPLICATION #13-06 (Revision to Rezoning #04-05) SENSENY VILLAGE Staff Report for the Planning Commission Prepared: October 3, 2006 Staff Contact: Candice E. Perkins, Planner 11 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/18/06 Pending Board of Supervisors: 11/8/06 Pending PROPOSAL: Revision to the Generalized Development Plan (GDP) and proffer pertaining to the construction of Rossum Lane (Route 736). LOCATION: The property is located on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 6 -A -49B and 65-A-55 PROPERTY ZONING: RP (Residential Performance) District. PRESENT USE: Residential and unimproved. ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) RA (Rural Areas) West: RP (Residential Performance) Use: Residential Use: Residential/ Unimproved Use: Residential Vacant Use: Residential PROPOSED USES: 285 residential units (112 Single Family Homes and 173 Townhomes) on 73.79 acres at a density of 3.86 units per acre. Rezoning #13-06 — Senseny Village October 3, 2006 Page 2 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies both parcels as being zoned A-2 Agricultural. In 1981 Frederick County approved a request (RZ001- 81) to rezone the parent tract of 65 -A -49B, 65-A-49, from A-2 (Agricultural General) to R-3 (Residential General). Subsequently, the residential zoning classifications were consolidated into the RP (Residential Performance) zoning district. Consequently, Parcel 65 -A -49B maintains the RP zoning classification. The County's A-1 and A-2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcel 65-A-55 maintains this RA zoning classification. The Board of Supervisors approved Rezoning #04-05 on August 24, 2005 which rezoned parcel 65- A -49B to the RP District with proffers and revised the proffers associated with parcel 65-A-55. 2) Generalized Development Plan The applicant is requesting a revision to their GDP which was approved with Rezoning #04-05 (a black and white copy of the previously approved GDP has been provided with this application). The revised GDP provides for a modified road layout, revised location of the centrally located townhouses and provides additional open space between the single family homes in Senseny Village and the existing homes in Glenmont Village. 3) Proffer Statement The applicant is requesting to revise Proffer C.3 regarding the improvements to Rossum Lane. The proffers associated with Rezoning #04-05 (August 2005) stated: "The applicants hereby proffer to design and construct improvements to Rossum Lane (Route 736), to meet VDOT minimum geometric and pavement design standards sufficient to allow for two-way travel and on-streetparking, and to include curb/gutter, street lights and storm sewer, within the existing Rossum Lane right-of-way. " Rossum Lane will be the primary entrance into the Senseny Village development. At the time of the rezoning in 2005, VDOT and Planning Staff believed that Rossum Lane had an existing right-of-way width of 50% the applicant has advised staff that Rossum Lane actually only has a dedicated right-of-way width of 37'. The transportation proffer from Rezoning #04-05 stated that on -street parking was to be provided; it has been discussed that a sidewalk would be more beneficial. The proposed proffer revision (October 2006) would state: "The applicants hereby proffer to design and construct improvements to Rossum Lane (Route 736), to meet VDOT minimum geometric and pavement design standards sufficient to allow for two-way travel, curb/gutter, street lights, storm sewer, and a sidewalk [4'in width] located on the west side of Rossum Lane within the existing Rossum Lane right-of-way. " A copy of the original proffers and a copy of the revised proffers have been included in your agenda package. All of the other proffers associated with Rezoning #04-05 for Senseny Village remain unchanged. Rezoning #13-06 — Senseny Village October 3, 2006 Page 3 STAFF CONCLUSIONS FOR 10/218/06 PLANNING COMMISSION MEETING: The subject property is presently zoned RP (Residential Performance), and the applicant is requesting to revise the Generalized Development Plan and Proffers associated with rezoning #04-05 to revise the layout of the development and revise the transportation improvements. The GDP revision would provide an alternative internal road network, modify the location of some of the townhouses and provide additional open space adjacent to Glenmont Village. The transportation proffer revision would allow for Rossum Lane to be constructed with a sidewalk rather than on street parking as required by the previous rezoning. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concernin- this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. a z o� W W _z a z W UA LU MARK M SM Kaoz2e37 z L L I - z rL ' J O F7 J U la N NCR z W as WNL V% J 2 W z W I nuc 6 OAB I l wxa r — eau I a� m .e. :r 1 oral LEGEND L] LOT AREA F-1 OPEN SPACE NO DISTURBANCE EASEMENT PROPOSED o Z FE, 0 W W Z a W " a m m Lucc a.qq Ly am 6 = ED RAW D. sm No. 022837 DAM ]UNE 2008 3CA1K 1• -M5' DESIGNED BY. in FD8 NO. 3924 3DEET I OF I Greenway Engineering November 22,2004; December 29, 2004 Senseny Village Rezoning January 17, 2005, February 24, 2005;March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005; August 25, 2005 Revised October 3, 2006 SENSENY VILLAGE PROFFER STATEMENT REZONING: RZ# 13-06 Residential Performance (RP) with Conditions to Residential Performance (RP) with Modified Conditions PROPERTIES: 73.79 -acres +/- Tax Parcels 65 -((A)) -49B and 65-((A))-55 RECORD OWNERS: Quinnelly Group, LLC APPLICANT: Quinnelly Group, LLC PROJECT NAME: Senseny Village ORIGINAL DATE OF PROFFERS: August 25, 2005 REVISION DATE: October 3, 2006 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 13-06 for the rezoning of 73.79± acres from Residential Performance (RP) District with Conditions to 73.79± acres with Modified Conditions, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicant and their successors and assigns. The subject property, identified as Senseny Village, and more particularly described as the lands owned by Quinnelly Group, LLC being all of Tax Map Parcel 65 -((A)) -49B and further described as Instrument #050021270, and being all of Tax Map Parcel 65-((A))- 55 and further described by Instrument #050021271. File #3924/EA W Greenway Engineering November 22,2004; December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005; August 25, 2005 Revised October 3, 2006 A.) Residential Land Use 1. The Applicant hereby proffers to limit the total number of residential units to 285 dwelling units on the combined subject properties of Tax Map Parcels 65 -((A)) -49B and 65-((A))-55. 2. The Applicant hereby proffers to prohibit the development of garden apartments, as defined in Section 165-65L of the Zoning Ordinance on Tax Map Parcels 65 -((A)) -49B and 65-((A))-55. The Applicant hereby proffers to develop the residential dwelling units in accordance with the following annualized phasing plan. This annualized phasing plan shall begin in the calendar year in which the Senseny Village Master Development Plan is approved by Frederick County. All dwelling units not developed within the specified year shall be carried forward to the ensuing calendar years: YEAR TOTAL BUILDING PERMITS 1 70 2 70 3 70 4 75 TOTAL 285 B.) Generalized Development Plan and Master Development Plan The Applicant hereby proffers to submit a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of street systems, residential land use areas and open space areas within the Senseny Village Community. The final engineering documents for Senseny Village will be in substantial conformance with the proffered GDP; however, it is recognized that modifications to the final internal road alignment on Tax Map Parcels 65 -((A)) -49B and 65-((A))-55 may occur due to site development constraints such as wetlands or steep slopes without the need to modify the proffered GDP. However, in no event will a modified internal road alignment encroach within the 50 -foot no disturbance easement adjacent to Glenmont Village Section 6 on Tax Map Parcel 65 -((A)) -49B as described in Section B3 of this proffer statement except for existing dedicated street and utility connections. The final engineering documents will ensure that the File #39241EAW Greenway Engineering November 22,2004; December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005; August 25, 2005 Revised October 3, 2006 Senseny Village Community provides for a street extension /colmection to Rossum Lane (Route 736) and Glenridge Drive (Route 865), an internal street system that connects to both of the extended streets, and an inter -parcel connection to Tax Map Parcel 65-((A))-72. 2. The Generalized Development Plan (GDP) has been designed to provide for single-family detached residential lots to adjoin the Glenmont Village Subdivision and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue on Tax Map Parcel 65- ((A))-55. Furthermore, the GDP has been designed to provide for open space adjacent to Glenmont Village — Section 6 on Tax Map Parcel 65 -((A)) -49B. 3. A no disturbance easement that is 10 -feet in width shall be provided along the rear property line of all single-family detached residential lots that abut Glenmont Village and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue for the purpose of preserving existing woodlands on Tax Map Parcel 65-((A))-55. Furthermore, a 50 -foot no disturbance easement shall be provided on Tax Map Parcel 65 -((A)) -49B adjacent to Glenmont Village — Section 6, which shall remain undisturbed between the state street serving the townhouse lots and the existing residential lots within Glenmont Village — Section 6, except for existing dedicated street and utility connections. 4. A no disturbance easement shall be established within the open space areas that are associated with the natural drainageways to protect the integrity of the waterways and the upland slope areas. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing to provide access to the southern portion of Tax Map Parcel 65 -((A)) -49B. 5. A Preliminary Master Development Plan will be submitted for the portion of the subject property that is located on Tax Map Parcel 65- ((A)) -49B to demonstrate how this portion of the subject property would be developed. Board of Supervisor approval of this Preliminary Master Development Plan concept does not bind the Board of Supervisors to any action on this rezoning application. Additionally, Board of Supervisor approval of this Preliminary Master Development Plan concept does not eliminate the requirement for a Master Development Plan for the entire 73.79 -acres +/- subject site. File 43924/EAw 3 Greenway Engineering November 22,2004; December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005; August 25, 2005 Revised October 3, 2006 C.) Transportation i . The Applicant hereby prof yrs monetary contributions that are to he utilized for improvements to the Senseny Road (Route 657) corridor and/or a proposed north -south connector between Senseny Road and Berryville Pike (U.S. Route 7). The contributions, in the amount of $5,000 per single-family detached unit and $3,000 per townhouse unit, total a potential maximum of $1.145 million dollars. The Applicant authorizes the use of these contributions unconditionally by Frederick County for transportation improvements to these roadways. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 2. The Applicant hereby proffers to design and construct right turn lanes (and tapers) of eleven -foot width, and to include curb/gutter, on Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle (Route 867) intersections, within the existing Senseny Road right-of- way. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 3. The Applicant hereby proffers to design and construct improvements to Rossum Lane (Route 736), to meet VDOT minimum geometric and pavement design standards sufficient to allow for two-way travel, curb/gutter, street lights, storm sewer, and a sidewalk located on the west side of Rossum Lane within the existing Rossum Lane right-of- way. Furthermore, traffic calming measures will be considered during the design of the Rossum Lane improvement project. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 4. The Applicant hereby proffers to design the internal street system to provide two means of access to Senseny Road via both Rossum Lane (Route 736) and Twinbrook Circle (Route 867) for all residential lots. Traffic calming measures will be considered during the design of the internal street system connections to Rossum Lane, Glenridge Drive, and Tax Map Parcel 65-((A))-72 if desired by VDOT. 5. The Applicant hereby proffers to provide for a right-of-way dedication for the future Route 37 Eastern Bypass in conformity with the Alternative C alignment depicted on the Frederick County Route 37 Corridor Study Functional Alignment dated October 1992, as identified on the proffered GDP. This right-of-way dedication shall be File 43924/EAW 4 Greenway Engineering November 22,2004; December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005; August 25, 2005 Revised October 3, 2006 provided to Frederick County at no cost within 90 days after receiving written request from Frederick County that the right-of-way is needed. D.) Monetary Contributions The Applicant hereby proffers monetary contributions in the amount of $10,000.00 for each detached single-family dwelling unit, and $8,000.00 for each townhouse dwelling unit, to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on November 19, 2004. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. E.) Community Trash Collection The Applicant hereby proffers to provide commercial trash pickup and waste removal service to all residential land uses within the Senseny Village community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Senseny Village Homeowners Association ("HOA") or sub -association at such time as identified in the legal documents setting forth the guidelines for the Senseny Village HOA or sub -association. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Senseny Village HOA or sub -association until such a time that this service is provided by Frederick County or other municipal providers. F. Monetary Contribution to Establish Homeowners' Association Fund The Applicant hereby proffers to establish a start-up fund for the Senseny Village Homeowner's Association (SVHOA) that will include an initial lump sum payment of $2,500.00 by the Applicants and an additional payment of $100.00 for each platted lot within the Senseny Village community of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the SVHOA fund. Language will be incorporated into the SVHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the applicants to the SVHOA. The start-up fiinds for the SVHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. File #3924/EAW 5 Greenway Engineering November 22, 2004, December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005; August 25, 2005 Revised October 3, 2006 G.) Signature The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully bmitted B : � � 6a� By: Quinnelly Group, L C Date Denver Quinnelly,n ger/Member Commonwealth of Virginia, City/u-'O'� of Wt n(- hc3--c To Wit: The foregoing instrument was acknowledged before me this day of 0C -k' - k'( 0 U4 by My Commission Expires -j", C-) /0 File #3924/EAW U Notary Pu GNRISTjti •►,� p00�1i�y cam+'; •m« %,9,�• . !NIA• .•'. +*�. • :7 • MASTER DEVELOPMENT PLAN #12-06 SENSENY VILLAGE Staff Report for the Planning Commission Prepared: October 3, 2000" Staff Contact: Candice E. Perkins, Planner II 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: 10/18/06 Pending Board of Supervisors: 11/08/06 Pending LOCATION: The property is located on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65 -A -49B and 65-A-55 PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential and Unimproved North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) RA (Rural Areas) West: RP (Residential Performance) Use: Residential Use: Residential/ Unimproved Use: Residential Vacant Use: Residential PROPOSED USES: 285 residential units (112 Single Family Homes and 173 Townhomes) on 73.79 acres at a density of 3.86 units per acre. MDP 412-06, Senseny Village October 3, 2006 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: Please see attached email from VDOT dated May 15, 2006 to Greenway Engineering and attached email from Greenway Engineering to VDOT dated September 25, 2006. Frederick County Fire Marshal: Water supply for firefighting must meet Frederick County Code 90-4, and be in place prior to construction materials arriving. Plan approval recommended. Frederick County Public Works: Your letter dated July 11, 2006 and the accompanying revised MDP have adequately addressed our May 9, 2006 review comments. Therefore, we grant our approval of the Senseny Village MDP. Frederick County Sanitation Authori : Engineer to verify/design project to have sufficient water pressure and volume. Engineer to verify/design project to have sufficient downstream sewer capacity (to FWSA trunk main). Frederick County Inspections Department: Demolition permit required prior to removing any structures. Please include 100 year FEMA Flood Plain Elevations if lots are located within. No additional comments at this time. Will comment when the subdivision plan is submitted showing lots. GIS Department: The following road names have been approved and registered into the Frederick County System: Thornton Drive, Lehigh Drive, Lacross Court, Tye Court and Rivanna. And Menasha Court. Foster Drive is denied as a duplicated name and must be renamed. Royce Drive has been approved and entered. Winchester Regional Airport: We have reviewed the proposed Master Development Plan for Senseny Village and it appears that this plan should not impact operations at the Winchester Regional Airport. However, this proposed site does lie within airspace of the Winchester Regional Airport and residents in that area may experience noise from over flights of aircraft arriving to and departing from the Winchester Regional Airport. Potential homeowners should be forewarned about the proximity of this site to the Winchester Airport. Department of Parks and Recreation: The proposed 22.137 acres of open space appears to meet County requirements. Staff recommends bicycle trails, providing circulation within the development and connections to Senseny Road and adjacent developments be included in the plan. The proposed monetary proffer of $1,166 for Parks and Recreation appears to be appropriate to help offset the impact this development will have on the services provided by this department. MDP #12-06, Senseny Village October 3, 2006 Page 3 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. 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 property is located on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867). C) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies both parcels as being zoned A-2 Agricultural. In 1981 Frederick County approved a request (RZ001-81) to rezone the parent tract of 65 -A -49B, 65-A-49, from A-2 (Agricultural General) to R-3 (Residential General). Subsequently, the residential zoning classifications were consolidated into the RP (Residential Performance) zoning district. The County's A-1 and A-2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Board of Supervisors approved Rezoning #04-05 on August 24, 2005 which rezoned parcel 65-A-55 to the RP District with proffers and revised the proffers associated with parcel 65 -A -49B. D) Intended Use 285 residential units (112 Single Family Homes and 173 Townhomes) on 73.79 acres at a density of 3.86 units per acre. 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. 1-I] Land Use Compatibility: MDP #12-06, Senseny Village October 3, 2006 Page 4 The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Senseny Village property is located for residential land uses. Transportation: The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 285 residential units (145 single family detached and 140 single family attached residential units) would generate 2,668 vehicle trips per day. The report was developed with access to the project being provided along Senseny Road via Rossum Lane and Twinbrook Circle. The TIA concludes that the traffic impacts associated with the Senseny Village application are acceptable and manageable. The intersections of Rossum Lane and Twinbrook Circle along Senseny Road will maintain levels of service of C or better during the build out conditions. Proffers: Generalized Development Plan The applicant provided a Generalized Development Plan with Rezoning #04-04 for the purpose of identifying the general configuration of street systems, residential land use areas, and open space areas within the Senseny Village development. Staff Note: This GDP is being modified with Rezoning #13-06. The revised layout is being reflected with this MDP. The revision provides a different road layout, a revised townhouse layout and additional open space between this development and Glenmont Village. Residential Use Restriction The applicant has proffered to limit the total number of residential units to 285 dwelling units. The applicant has committed to a phased introduction of the residential units over a four year time frame with seventy units within the first three years and 75 units in the fourth year. A no disturbance easement that is ten feet in width shall be provided along the rear property line of all single family detached residential lots that abut Glenmont Village and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue to preserve woodlands on 65-A-55. A 50 foot no disturbance easement shall be provided on 65-A-4913 adjacent to Glenmont Village Section 6, which shall remain undisturbed between the state street serving the townhouse lots and the existing residential lots within Glenmont Village section 6. Transportation $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for improvements to the Senseny Road corridor and/or a proposed north -south MDP #12-06, Senseny Village October 3, 2006 Page 5 connector between Senseny Road and Berryville Pike; right turn lanes on Senseny Road at the Rossum Lane and Twinbrook Drive intersections; improvements to Rossum Lane to VDOT standards; and the dedication of right-of-way for the future Route 37 Eastern Bypass. The applicant proffered to design and construct Rossum Lane (Route 736) to meet VDOT minimum geometric and pavement design standards sufficient to allow for two-way travel and on -street parking, and to include curb/gutter, street lights and storm sewer, within the existing Rossum Lane right-of-way. Staff Note: As indicated in Rezoning #13-06, the existing right-of-way for Rossum Lane is only 37feet in width, which was contrary to VDOT and County Staff's belief during Rezoning #04-05. The applicant is proposing to construct the Rossum Lane improvements within the existing right-of-way. The improvements will include curb and gutter, two driving lanes and a sidewalk along the western side of Rossum Lane. Please note that the road improvements depicted on sheet 7 of the MDP are not accurate, a revised road plan has been included in your agenda. Monetary Contribution to Offset Impact of Development $10,000 for each single family detached unit and $8,000 for each single family attached townhouse. STAFF CONCLUSIONS FOR THE 10/18/06 PLANNING COMMISSION MEETING: The preliminary master development plan for Senseny Village depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the revised proffers of the rezoning (REZ 413-06) and has addressed all of staffs concerns. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Please note this MPD is in conformance with the rezoning application being heard on the same night as this MDP, if the rezoning for Senseny Village is not recommended for approval then the MDP should also not be recommended for approval to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDF conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Form Letter: PS Jeremy Tweedie From: Ingram, Lloyd[Lloyd.Ingram@VDOT.Virginia.gov] Sent: Monday, May 15, 2006 10:52 AM To: Jeremy Tweedie Cc: 'mruddy@co.frederickma.us'; Ingram, Lloyd; Baluch, Stephen Subject: Senseny Village Ref: Senseny Village Route 657, Frederick County Page 1 of 2 Your revised Master Development Plan (MDP) dated February, 2006 for the referenced project has been reviewed by VDOT. The changes to the master plan do not substantially affect the conclusions of our prior review of the MDP for this development dated February 8, 2005. This letter reaffirms that VDOT is satisfied that the transportation proffers offered in the Senseny Village Rezoning Application dated November 22, 2004 with latest revisions to the proffers dated August 25, 2005, address transportation concerns associated with this project, subject to the following comments: 1. The Master Development Plan for this property appears to have significant measurable impact on Route 657 (Senseny Road), the VDOT facility which would provide access to the property. Before making any final comments, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. 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. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. 2. Approval is also contingent on VDOT and Frederick County's approval of the proffered Senseny Road Public Improvement Plans. 3. On sheet 1 include the Trip Generation Summary, Table 2, from the Traffic Impact Analysis (TIA) for this site. Identify by date and title the TIA report as the source for the traffic analysis. 4. On sheet 4, concerning the Standard Typical Section for Residential Streets we offer the following comments: a. The 5 -foot wide grass strip behind face of curb with a 4 -foot wide sidewalk (should be a minimum of 5 -foot sidewalk) provides sufficient space to accommodate the latest revisions to the VDOT standard CG -9D for Standard Entrance Gutter as revised 2/06 (see attached copy). b. Per the VDOT "Subdivision Street Design Guide", Table I on page B-7, the Category III requirements can be used up to projected traffic volume of 1500 average daily traffic (ADT). Note however that the minimum stopping and intersection sight distance for this category have been changed to 155 feet and 280 feet respectively. c. Based on the projected trip generation for this site, it may be necessary to include a Category IV for ADT up to 2000 using the requirements from Table 1 for the range of 1501 - 2000 ADT. d. With respect to pavement structure requirements for Categories II and III, note that VDOT Staunton District Materials Sections suggests a guideline of 8" aggregate base, 3" base asphalt, and 1.5" surface asphalt for pavements for both categories. Form Letter: PS Page 2 of 2 5. On sheet 5, in reference to item C.)2. of the proffer statement, the use of standard 12 -foot wide turning lanes exclusive of gutter pan for Route 657 (Senseny Road) at Rossum Lane and Twinbrook Circle is recommended, if existing ROW is sufficient. If there are any questions, do not hesitate to contact me at 540-984-5611 or Mr. Stephen Baluch of our Winchester Office at 540-535-1823. Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) Attachments: Table 2, Trip Generation Summary from TIA Report VDOT Standard CG -9D Table 1, page B-7, from VDOT 'Subdivision Street Design Guide' 511 rl?nnA Senseny Village - Rossum Lane Page 1 of 1 Candice Perkins From: Jeremy Tweedie Otweedie@greenwayeng.com] Sent: Monday, September 25, 2006 4:58 PM To: Candice Perkins (E-mail) Cc: Mark D. Smith; David Jordan (Dave) (E-mail); Brett Kelly; David Jordan (Dave) (E-mail 2) Subject: RE: Senseny Village - VDOT approval Candice, Please find below the approval from VDOT concerning the Rossum Ln Public Improvements Plan. This will satisfy all agencies for the formal submission for today's deadline. As discussed the following will be submitted tomorrow morning: 1. Power of attorney for the Rezoning (GDP Proffer Modification) 2. Signed Rezoning Application 3. 44 copies of the GDP 11X17 4. 44 Copies of the MDP plan set As always, thank you for your assistance in moving this project forward. ----Original Message ----- From: Ingram, Lloyd[mailto:Lloyd.Ingram@VDOT.Virginia.gov] Sent: Monday, September 25, 2006 4:10 PM To: 'Candice Perkins' Cc: Copp, Jerry; Alexander, Scott; Mark D. Smith Subject: Senseny Village - Rossum Lane Candice, After reviewing the various issues concerning the typical roadway section with various VDOT and County officials, it appears that VDOT will support a 36' curb to curb roadway with parking on one side. There will be no sidewalk required by VDOT. The actual curb to curb measurement may be reduced to 35' to allow for maintenance on the backside of the curb. If you have any questions, please contact me. Regards, Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984.-5611 (540) 984-5607 (fax) 9/26/2006 B2 (86'OY'�'A(' -�LV(5 A '4 RP ELLY Up, LLL 1z ¢ Iori K lqo E;F61 INve MeNT-D, LLf- WILMer vj L-5 N N'T CDRSIN' &L -ORP, Pd w - FHA 1NvF'sTmf1NT-D' LLL t-le-PANICLA IS, '61Z TDYLF L PD( A iSq,3 WYNDAM F 655 7 (P5 IN, 105 TkiF, COUNTY OF FF-6DF,?4r-K P, lug CITY OF WINCHESTER p f RO,d C,,tdi... 91 MDP 122P 06 1Z--1- REZ Ob Senseny Village Zoning Map 65 - A - 49B, 55) 0 250 500 1.000 Feel J u Cd 2 g 2005 APPLICATION MASTER DEVELOPMENT PLAN Department of Plaiming ar. De v elopnlent Use Date application received Apph"Catioll # Z— Complete. Date of acceptance Incomplete. Date of return 1. Project Title: Senseny Village 2. Owner's Name Quinnelly Group, LLC 22A Ricketts Drive Winchester, VA 22601 (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Greenway Engineering Company: Address: Same Phone Number: Same Contact Name: Jeremy Tweedie, Project Manager 5. Location of Property Rossum Lane (Route 736) off of Senseny Road (Route 657) 6. Total Acreage: 73.79 acres 7. Property Information a) Property Identification Number (PIN): b) Current Zoning: 65 -A -49B and 65-A-55 RP -Residential Performance c) Present Use: Vacant d) Proposed Uses: Single-family detached cluster Townhouses e) Adjoining Property Information: Property Identification Numbers North South See attached list East West f) Magisterial District: Property Uses Red Bud 8. Is this an original or amended Master Development Plan? Original ® Amended ❑ 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: ADJACENT PROPERTY OWNERS INFORMATION PIN Owner Deed Book and Page or Instrument number zone--7- Use A 65B-7-10 Randy L Ruble 020016145 RP lResidence B 65d-1-1 Connie B. Linaweaver 606/444 RP lResidence C 65D-2-4 Swa ler H II and Brenda S Koonce 866/220 RP Residence D 65D-2-5 Bettie G Brumback c/oBetty Kisner 770/1278 RP Residence E 65D-2-6 Bettie G Brumback c/oBettie G Brumback 770/1278 RP Residence F 65D-2-7 Elwynne Godlove 020009910 RP Residence G 65D-2-8 Maureen E. Smith 1040011444 IRP Residence H 65D-2-9 Duane A & Priscilla McDonald 1020014474 RP Residence I/J 65D-2-10A Glenmont Villa a Association 614/802 RP Green Space K L 65D-3-4-53 65D-3-4-54 Morel, Mic eal, osep RG McDonald Properties, LC 000005484 RP RP IResidence IResidence M 65D-3-4.59A Glenmont Village Association 614/802 1010017503 RP Green Space N 65D-4-5-71 Valle View Associates, LLC RP Residence O P 65D-5-6-76 65D-5-6-77 c ee, ;chard augin Ramon & Wilson Drucker 050018497 RP IRP Residence Residence Q 65D-5-6-78 Yolanda Funes 050012670 RP Residence R 65D-5-6-79 I Maria R & Yony A Cruz Santos 040025966 RP Residence S T 65D-5-6-80 65D-5-6-81 alenzue a, Hector erez Mar Janeczek 853/1382 RP RP lResidence Residence U 65D-5-6-82 Calvin R Jr & Michelle Hunt 852/591 RP Residence V 65D-5-6-83 Donald E Nesselrodt 17221716 RP Residence W , 65D-5-6-84 Dawn L White 1010013827 IRP Residence X 65D-5-6-85 Kim V & Carolyn S Ross 724/18 RP Residence Y 65D-5-6-86 James J & Rebecca L Fitzgibbon 17231338 RP Residence z 65D-5-6-87 William Roy 050021488 RP 1 Residence AA 65D-5-6-88 Daniel & Monica O'Hara 030011096 RP I Residence BB 65D-5-6-89 Gary Linden Adams & Juanita Spielman 7251724 RP lResidence CC 65-A-50 Maurice M Atkins 582/756 RP Residence DD 65-A-54 Randy Lee & Mary F Ruble 03000577 RP Residence EE 65-A-56 Winifred D & Jerry U d ke 040005556 RP. Residence FF 65-A-57 Genevieve M Cline I 8105/636 IRP Residence GG 65-A-60 Daniel & Jenifer Lafond 1040012117 IRP Residence HH 65-A-62 Donald L. & Delores V. Roles 878/1398 RP Residence If 65-A-63 Robert D. & Fletcher H. Smith 1030014240 RP IResidence JJ 65-A-70 Paul R. Puffinbur er 404/335 RP IResidence KK 65-A-66 Feathers, Vicky Lynn & Richard A 957/979 RP Residence LL 65-A-65 Ma in L. & AI son M. Swaner 850/838 RP Residence MM 65-A-71 Hesham F. & Khalifa N.S. Attia 030016515 RP Residence NN 65-A-68A Lewis F. Franklin, JR. 682/791 IRP Residence 00 65-B-6-38 Maurice M. Atkins 582/756 RP Residence 65-A-72 EFG Investments, LLC 955/724 RA Unimproved 65-A-1868 Ronald F & Melanie J Werdebau h 000006836 RA lResidence 65-A-186J Gloria C Corbin 818/1831 RA I IResidence 65-A-190 I lWilmer R & Donna N Davis 1 1757/923 RA Unimproved 6 ffik Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Denver Ouinnelly, manager/member of Ouinnelly Group, LLC (Phone) (540) 662-4164 (Address) 22A Ricketts Drive Winchester VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050002909 on Page , and is described as Parcel: 65 Lot: 49B Block: A Section: Parcel: 65 Lot: 55 Block: A Section: _, do hereby make, constitute and appoint: (Name) Greenway Engineering Subdivision: Senseny Village Subdivision: Senseny Village (Phone) (540) 662-4185 (Address) t51 Windy Hill Lane_ Winchester VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall In witness Signature(s) one year from the day it is signed, or until it is otherwise rescinded or A modified. (our) hand and seal this 15 day oft l+, 200_(I_ State of Virgi -a, C ty/County of Frederick, To -wit: I I (I i , a Notary Public in a or the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and ha;``,S�,lA #001 owledged the same re a in the jurisdiction aforesaid this is dayof CC , 200 . \ My Commission Expires.-LAQ,( �`�� .'�ON Lc.9�'.�10 Notary Public0. ; .0 OF t7RG1N��'• ft =ST R/W 0 4' TYPICAL SECTION WITH UTILIT'I'r ROSSUM LANE IMPROVEMENTS EX. R/W 31' 30' -01-11 1.5' 2' PROP. FAVEMENT 2(o' WIDTH 2.00% 5' 2 0091, 1 2' 1 im V-1 /--EAST R/W 10' W X w DATE: OCT. 2, 2008 SCALE: NTS DESIGNED BY: BSK JOB NO. 3924 SHEET 2 OF 3 Z .111=1 E- U c: W z W W Z UaU Z �z W W ul Oro co W ora W d� goaa �w �b-010 U to Ur :f3 W. 9 O ^� w 43 pFp m A �U m � 4 w� DATE: OCT. 2, 2008 SCALE: NTS DESIGNED BY: BSK JOB NO. 3924 SHEET 2 OF 3 E- U W z E� z UaU J �z W H U ul co W w co ® �w wa �U � w� OL Q Z DATE: OCT. 2, 2008 SCALE: NTS DESIGNED BY: BSK JOB NO. 3924 SHEET 2 OF 3 • L: • SUBDIVISION REQUEST # 13-06 o``41G� f cOG�� WINSTONE, LLC ®* Staff Report for the Planning Commission Prepared: September 29, 2006 ,3a 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 10/18/06 Pending Board of Supervisors: 11/08/06 Pending LOCATION: The property is located within Stonewall Plaza off North Frederick Pike (Route 522). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 42 -A -198H PROPERTY ZONING & PRESENT USE: B-2 (Business General) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Route 37 South: B-2 (Business General) East: RP (Residential Performance) West: B-2 (Business General) Use: State Road Use: Commercial Use: Residential Use: Office/Commercial SUBDIVISION SPECIFICS: Subdivision of a 21 acre parcel into a 4.40 acre parcel and a 17 acre parcel. Both parcels are zoned B-2 (Business General). Subdivision and Waiver Request #13-06, Winstone, LLC September 29, 2006 Page 2 Department of Transportation: This section of street is currently not in the State's Secondary Road System. All entrance design and drainage must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. Fire and Rescue: No comment Sanitation Authority: The Authority has adequate sewer and water to serve this proposed subdivision. Planning: This request is for subdivision in order to create a four acre parcel and a 17 acre parcel. The proposed four acre parcel and 17 acre residue parcel are zoned B-2 (Business General). This property has been zoned B-2 (Business General) since Frederick County adopted zoning in 1967. Staff Review: The Frederick County Code, Chapter 144, requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to this parcel will be via a private commercial 50 foot ingress/egress from North Frederick Pike (Route 522). The 17 acre parcel abuts North Fredrick Pike (Route 522) and is served by private/commercial access. Therefore, the applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow this parcel to be served by the private/commercial access. This property is subject to the conditions of approved Master Development Plan #10-05. STAFF RECOMMENDATION FOR THE 10/18/06 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the Winstone LLC property to be subdivided utilizing private roads, the Board of Supervisors would need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Should this waiver be granted, staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the public road frontage waiver and subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. 42 A 207 n ff A Iq KWZ. RHOOA W �I ! 3 t 71�1J57EEg OF tf AMES 1341 42 A lob ! !: jai 4 KRIz. RHODA W ! jj j 4 A 205 > APPLE {LIDGE FARM �1 J V frf irf'�� - Ir.! !1, 5� v < �. V � 14o �- 42 A Iqa d 42 5 D;POPE, MARY ELt-FN— `j FREDERICK CO[1N7Y SCHOOL VDARD " lentaWbet, Stl1= 83 37 1329 4 t � ��•� � �f t � 131 e �.. R d �'"-- � � n G�53A bD, 7DHN Y 7(Z t� I "'�%2'r`''.. 137 ;i � r`• 131 � „� ,g• � „��r. ,� 4 ¢ 0)Y fl 1.f it 131 i .. 833 Al - 13 1339 134 Ica 40 � � t� he ��` ✓. 522 �� C Liiy of Winchester RB�RY ¢ b3 S1Ee' ` -------------- --- �i Road Ce�nterllne _ 9= Winstone, LLC f.. Location Map s (42 -A -198H) 0 250 500 1,000 RREENWRY EI 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 September 22, 2006 Frederick County Planning Department Attn: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street Winchester, VA 22601 RE: Winstone, L.L.C. Final Subdivision Plat Waiver Request Dear Mark: The purpose of this letter is to request Planning Commission and Board of Supervisor consideration of a waiver to § 144-24C — Lot Access of the Frederick County Subdivision Ordinance. The Winstone, L.L.C. Final Subdivision Plat creates a new 4.40± acre commercial parcel within the Stonewall Plaza Center that is located on the north side of the existing shopping center. As you know, the existing shopping center within Stonewall Plaza is accessed from North Frederick Pike (U.S. Route 522) via Rivendell Court, which is a private commercial access. All existing commercial land uses are authorized to access their properties from Rivendell Court through an executed reciprocal access easement that was created for the benefit of all private property owners. The Winstone, LLC Final Subdivision Plat identifies a 50' ingress/egress easement from North Frederick Pike, which follows Rivendell Court to the new 4.40± commercial parcel. This new commercial parcel will be included as a parcel entitled to be served by the reciprocal access easement. Please find attached the Winstone, L.L.C. Final Subdivision Plat for inclusion and consideration during the October 18, 2006 Planning Commission meeting. It is requested that a waiver, as provided for in § 144-5 of the Subdivision Ordinance, be considered for final approval by the Planning Commission and by the Board of Supervisors. Please advise me if you need any additional information regarding this request. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Bruce Griffin Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File 44090/EAW www.greenwayeng.com FINAL SUBDIVISION PLAT OF THE LAND OF WINSTONE, L.L.C. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA JULY 12, 2006 REVISED: SEPTEMBER 22, 2006 � 4 o m n io o p 0 C R0ALe CD -1 V °. .o c de t,� o m *°oao°e o R-od (iS, OP�f m TE G�et� . cDr.o 0 cP °� �o�fa e� 6, m 3 CA r o M o c U S. Roufe FiPOP^ 3 VICINITY MAP $ 1" = 2000' Sunnyside City of CD Winchester OWNERS CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WINSTONE, L.L.C., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2006 BY MY COMMISSION EXPIRES NOTARY PUBLIC SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF THE LAND CONVEYED TO WINSTONE, L.L.C. BY DEED DATED OCTOBER 11, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 050023684. CURVE DATA CURVE I DELTA ANGLE I RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 I 00'02:39" 15,770.00' 4.44' 2.22" N 63'48'16' W 4.44' 50' INGRESS-EGRFSS FA SFL4FAIT r.FAITFRIIAIF rIlavr nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH EC 1 37-13 2J" 120.00' 77.96' 40.4 1 ' N 01'5554" W 76.60' EC2 33'1848" 150.00' 87.21' 44.88' N 03'53'11" W 85.99' ECJ 90'00'00" 56.00' 87.96' 56.00' N 32'13'47" W 79.20' IIAIF n.4 TA LINE BEARING DISTANCE Ll N 77-13'47" W 123.80' L2 S 57-46'13" W 50.84' L3 N 77-13'47" W 281.67' L4 S 12'46'13" W 18.00' L5 N 77-13'47" W 363.50' L6 N 06'3246" E 56.07' L7 N 86'5034" E 253.10' LB S 12'30 52" W 275.90' L9 S 12'51'.34" W 82.18' L10 S 12'5134" W 1,146.70' L11 N 63'4656" W 595.20' 50' INGRESS -EGRESS FA.SFA4FAIT rrAlmo INF nATA LINE BEARING DISTANCE El N 20'32:35" W 158.06' E2 N 12'46'13" E 47.73' E3 N 77-13'47" W 256.00' E4 N 12'46'13" E 231.58' E5 N 02'48'18" W 99.05' E6 N 12'46'13" E 301.00' LEGEND ¢ = CENTERLINE OF PAVEMENT CHU = CONCRETE HIGHWAY MONUMENT IPF = 1" IRON PIPE FOUND IRF = IRON REBAR FOUND (UNLESS OTHERWISE NOTED) IRS =" IRON REBAR & CAP SET N.B.L. = NORTHBOUND LANE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY NOTES THE BOUNDARY INFORMA77ON SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. THE PROPERTY SHOWN HEREON LIES ENTIRELY WI7HIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.FLP. FLOOD INSURANCE RATE MAP No. 510063 0105 B, DATED JULY 17, 1978. REVISED: SEPTEMBER 22, 2006 FINAL SUBDIVISION PLAT OF THE; LAND OF OF WINS TONE, L. L. C. o��c�ALTH STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA _A, RICHARD a SCALE: N/A DATE: JULY 12, 2006 No.002550 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers WinchesterVirginia 22602 ' , Surveyors Telephone: (540) 662-4185 S'UR�� FAX- (540) 722-9528 Founded in 1971 www.greenwayeng.com 4090 SHEET 2 OF 5 Q, zo z OVERHEAD UTILITY WIRES POTOMAC EDISON CO. R/W z w 1 DB 332 PG 564 (NO WIDTH SPECIFIED) g N O Y SOUTE lw P INjAR 11E03 C - Z� VA. BLR wID331MpG 6$ / �� " V IRF 10 o� v VARIA OB / 70'f� CHM �9b 102 63 50' BRL m c� w E ;55�,58 / NEW W� N TAX PARCEL 101 0�0~G1 BRA \� IPFo 50 1 42-A - 198M I 73.62' L4 4.4023 ACRES 1 o f �J L66 lRS- \` IRS p /-I �` �O v moo/ �o IRS L3 IRS 20'DRAl�GE 50' MINIMUM CATEGORY B !RS POB7 --- 5 Z DB 33�PGM36B ZONING DISTRICT BUFFER REQUIRED 4 S tv 2 Q o 4i : SHOPP CENTER (UNDER G 0 Q o a o N �m rn E5 TION) 3 Woo=�i �� IoW mo Z z RESIDUE OF TAX PARCEL ` �W N ' 1 42 -A -198H 2 E4 17.5061 ACRES h I DOT -SHADED AREA DENOTES A = 1 I 50' INGRESS -EGRESS EASEMENT o C N ) HEREBY ESTABLISHED TO J 6p 1 /ij BENEFIT NEW TAX PARCEL m Z O 42-A- 198N. T 2 '�/2J oLu SCC S 2° N _ 6 ECJ E3 5 OgT/ONF�B ¢g S/pN EC2 IRF Cl POB2� V US�'VEpc?9 F R�RP ::\ �E1 � \ iQp I "'o V.: --.. �ECl 143.74' METES AND BOUNDS DESCRIPTIONS The accompanying plat represents a division survey of all of the land conveyed to Winstone, L.L.C. by deed dated October 11, 2005 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 050023684. The said land fronts the northeastern boundary of North Frederick Pike (U.S. Route 522) about 630 feet southeast of its intersection with Fox Drive (Va. Route 739), also fronting the northwestern terminus of Clark-ville Drive (Va. Route 1312), in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: NEW TAX PARCEL 42 -A -198N Beginning at a'/2" iron rebar & cap set (labeled POB 1 on the plat) in the western boundary of Lot 6 - Darville Subdivision - Section One - Block D and in a line of the eastern boundary of the parent tract (said point being located N 12°51'34" E - 1,146.70' from a'/2" iron rebar found in the northeastern boundary of North Frederick Pike, comer to Girish T. Patel, et ux); thence along new division lines through the land of Winstone, L.L.C. and with the Residue of Tax Parce142-A-198H described below for the following five courses: N 77013'47" W - 123.80' to a'/z" iron rebar & cap set; thence S 57046'13" W - 50.84' to a V iron rebar & cap set; thence N 77013'47" W - 281.67' to a''/2" iron rebar & cap set; thence S 12046'13" W - 18.00' to a'/2" iron rebar & cap set; thence N 7713'47" W - 363.50' to a''/2" iron rebar & cap set in a line of TC.V., LLC; thence with TC.V., LLC N 06032'46" E - 56.07' to a V iron pipe found in the southeastern boundary of Va. Primary Route 37 (a limited access right of way); thence with said road boundary and limited access line for the following two courses: N 75054'58" E - 634.98' to a concrete highway monument found; thence N 86050'34" E - 253.10' to a'/z" iron rebar found, comer to Darville Subdivision, Section Two; thence with Darville Subdivision, Section Two S 12030'52" W - 275.90' to a 2" iron rebar found, comer to Darville Subdivision, Section One; thence with Darville Subdivision, Section One S 12051'34" W - 82.18' to the beginning. Containing.............................................................................................. 4.4023 Acres. RESIDUE OF TAX PARCEL 42 -A -198H Beginning at a ''/2" iron rebar found on curve (labeled POB2 on the plat) in the northeastern boundary of North Frederick Pike (U.S. Route 522), comer to L SEVEN, L.C.; thence with L SEVEN, L.C. and then TC.V., LLC N 06032'46" E - 919.70' to a''/z' iron rebar & cap set, comer to New Tax Parcel 42 -A -198N described above; thence along new division lines through the land of Winstone, L.L.C. and with New Tax Parcel 42 -A -198N described above for the following five courses: S 77013'47" E - 363.50' to a'/2" iron rebar & cap set; thence N 12046'13" E - 18.00' to a'/2" iron rebar & cap set; thence S 77013'47" E - 281.67' to a'/2" iron rebar & cap set; thence N 57046'13" E - 50.84' to a'/2" iron rebar & cap set; thence S 77013'47" E - 123.80' to aV," iron rebar & cap set in a line of Lot 6 - Darville Subdivision - Section (Continued on Sheet 5) File 4090 Sheet 4 of 5 (Continued from Sheet 4) One - Block D; thence with Darville Subdivision - Section One, then the northwestern terminus of Clark-ville Drive (Va. Route 1312), then Darville Subdivision - Section Three and then Girish T. Patel, et ux S 12°51'34" W -1,146.70' to a 1/z" iron rebar found in the northeastern boundary of North Frederick Pike (U.S. Route 522); thence with said road boundary for the following four courses: N 63046156" W - 26.00' to a 1" iron pipe found; thence N 58004'18" W -100.50' to a %" iron rebar found; thence N 63046156" W - 595.20' to a 1/2" iron rebar found at the point of curvature of a curve to the left; thence 4.44' along the arc of said curve, having a radius of 5,770.00' and a chord bearing N 63°48'16" W for a distance of 4.44', to the beginning. Containing.............................................................................................. 17.5061 Acres. Surveyed .......................................... July 12, 2006 (Revised September 22, 2006). jrp.LTH OF l G> RICHARD A. EDENS a No. 002550 9 -ZZ -0(.9 File 4090 Sheet 5 of 5 • C: J SUBDIVISION REQUEST # 14-06 C. ROBERT SOLENBERGER, ET AL k Staff Report for the Planning Commission w Prepared: October 2, 2006 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 10/18/06 Pending Board of Supervisors: 11/08/06 Pending LOCATION: The property fronts the western boundary of Martinsburg Pike (Route 11 N) about 0.65 miles north of the intersection with Interstate 81 (Exit 317). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-111 PROPERTY ZONING & PRESENT USE: M-1 (Industrial, Light) / RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: North: M-1 (Industrial, Light) Use: Vacant South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: M-1 (Industrial, Light) Use: Vacant SUBDIVISION SPECIFICS: Waiver of Chapter 144, Article V, Section 31 C (1) (b) — Minor Rural Subdivisions, to create a 1.25 acre parcel zoned RA, and the balance of the 18.3 acre parcel zoned M-1. Subdivision and Waiver Request 414-06, C. Robert Solenberger, Et Al October 2, 2006 Page 2 Planning Staff Review: The applicant seeks the ability to create two parcels from an 18.345 acre tract. One parcel would be 1.25 acres and zoned RA Rural Areas. The second parcel would be 17.0954 acres, mostly M1 Light Industrial, but with an access across RA zoned property. This small access area would enable a secondary site access to Route 11; the primary site access would be through the Ruthersford Industrial Park road network, as proffered with the Ruthersford Industrial Park rezoning application. In order to enable this subdivision, the applicant would need to obtain a waiver of the minimum lot size for the 1.25 acre RA zoned parcel. The applicant is requesting a waiver of Chapter 144, Section 31, of the Frederick County Subdivision Ordinance, to create a 1.25 acre parcel in the RA (Rural Areas) Zoning District. This section of the subdivision ordinance references Chapter 165-54 (A) of the Frederick County Zoning Ordinance, regarding lot size in the RA Zoning District. The minimum lot size in the RA Zoning District is five acres, with the exceptions of the Family Division Lots and Rural Preservation lots which may be a minimum of two acres in size. This proposed parcel will have setbacks of 60 feet front and 50 feet sides and rear; these setbacks are applicable to the RA Zoning District. Staff notes a concern that enabling this subdivision waiver for the minimum lot size would result in 2 entrances onto Route 11 which do not meet minimum entrance spacing requirements. Initially, the 1.25 acre parcel would be for residential purposes based on its RA zoning. The larger 17 acre parcel would establish a commercial entrance on Route 11 designed as secondary access to the proposed office use on the 17 acre parcel. Staff believes that these parcels should establish a shared entrance/access agreement so that in the event the 1.25 acre site successfully secures a more intensive commercial or industrial use in the future, that we would not have another commercial entrance established on Route 11. Staff would also suggest that interparcel access easements should be established with the properties north and south of the subject sites to minimize future entrance conflicts onto Route 11. STAFF RECOMMENDATION FOR THE 10/18/06 PLANNING COMMISSION MEETING: The applicant is requesting a waiver in order to create a 1.25 acre parcel, less than the minimum requirement of five acres in the RA Zoning District (Chapter 144, Section 31). Staff believes access and shared entrances should be implemented prior to granting the requested lot size waiver. 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. Solenberger 43-A-11' 0 250 500 1,000 ml::�"J1.'ra^9x Fee! IS .1 135 661 ffj E S ulz� 0 14 C. Robert Solenberger, ET AL Land Use Map N (43-A-111) 0 250500 1,000 Feet 13 �}{7"1� '_P F 4 t v� 'M' , M- ry ✓A .r '� '�'A/B � • r` `a e, - 1 1 + xjt 35 f y r r � ' ��"• r � , � 4+14 T 1 _ 1 1 V. • s '�i C- �tS ,{ ,Al tit) 3 rtl , g I dry 73 4 ` df 4:T A r 1NOF 4VV 44 A 4iA _- ,� 'j%I 5l'k�4'N�NSf}rJ AY,`.i�YlFitt i, LG N Road Centerlines S u 5.6 d # 14 - 06 C. Robert Solenberger, ET AL ®ea= �°�"`�.'e�.a Aerial Map (43-A-111) W` 0 250500 1,000 Fecl COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WAIVER/EXCEPTIONS REQUEST APPLICATION 1. Applicant: Name: Greenway Engineering Telephone: 540-662-4185 Address: 151 Windy -Hill Lane Winchester, VA 22602 2. Property owner (if different than above): Name: C. Robert Solenberger, John B. Schroth and John S. Scully, IV Telephone: 540-662-0323 Address: 112 North Cameron Street, Winchester, VA 22601 3. Contact person (if other than above): Name: Rich Edens _L.S. Telephone: 540-662-4185 4. Waiver request details (include specific ordinance requirements to be waived): 144-31C(1)(B) To establish an RA District Lot with an existing residence on less than 5 acres 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): Fronts western boundary of Martinsburg ike (US Route 11 North) about 0.65 mile north of intersection with Interstate 81 (Exit 317) 6. Parcel Identification/Location: Parcel Identification Number 43-A-111 Magisterial District: Stonewall 7. Property zoning and current use: Zoned: M1 & RADistrict Current Use: Vacant and Residential 8. Attachments: Adjoining Property Owners List X Existing/recorded and Proposed Plats X OFFICE USE ONLY, Fee: $500 enclosed:i•� Receipt #:. J 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. NAME Scott E. Merryman and Linda M. Merryman Address 1995 Martinsburg Pike, Winchester, VA 22603 Property ID # 43-A-109 Patricia S. Nethers and Thomas L. Nethers Address 1985 Martinsburg Pike Winchester, VA 22603 Property ID # 43-A-108 C. Robert Solenberger, John B. Schroth and John S. Scully, IV Address 112 N. Cameron Street Winchester, VA 22601 Property ID # 43-A-99 Dehaven Nursery, Inc. Address 2077 Martinsburg Pike, Winchester, VA 22603 Property ID # 43 -A -112B Charles S. Dehaven and Jane M. Dehaven, Trustees Address 2073 Martinsburg Pike, Winchester, VA 22603 Property ID # 43 -A -112A & 113 Thomas E. Riddick, Jr. and Janet D. Riddick Address 2045 Martinsburg Pike, Winchester, VA 22603 Property ID # 43-A-110 Robert A. Hart and Alice C. Hart Address 2024 Martinsburg Pike Winchester, VA 22603 Property ID # 43-A-133 Linwood R. Williamson Address 2014 Martinsburg Pike, Winchester, VA 22603 Property ID # 43-A-134 William Pifer Address 2002 Martinsburg Pike Winchester, VA 22603 PO Box 725, Winchester, VA 22604 Property ID # 43-A- 134B Address Property ID # E GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 September 25, '20016- Frederick 006 Frederick County Planning Department Attn: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street Winchester, VA 22601 RE: C. Robert Solenberger, Et Als, Final Subdivision Plat Waiver Request Dear Marl: The purpose of this letter is to request Planning Commission and Board of Supervisor consideration of a waiver to § 144-31C(1)(b) — Minor Rural Subdivisions of the Frederick County Subdivision Ordinance. The C. Robert Solenberger, Et Als, Final Subdivision Plat establishes a 1.25± acre parcel of land with an existing residence with frontage along Martinsburg Pike (U.S. Route 11). Currently, this residence is located on a parcel that contains a total of 18.35± acres, of which, 1.8 acres is zoned RA, Rural Area District with the remainder being zoned M-1, Light Industrial District. The FEMA Office site will utilize the entire M-1 District acreage and approximately 0.551 acres of the RA District acreage for access; therefore, the existing residence is proposed for the remaining 1.25± acres. Section 144-31C(1)(b) of the Frederick County Subdivision Ordinance allows for minor rural subdivisions of no more than three lots to be created from any one parcel under the regulations specified in the Zoning Ordinance. The establishment of the 1.25± acre parcel of land with an existing residence complies with setback regulations and width -to - depth regulations; however, a waiver will be necessary to allow for this parcel to be less than the minimum acreage requirement and the minimum width at the front setback requirement. It should be noted that the existing driveway serving the residence will be relocated from Martinsburg Pike to connect to the access drive serving the FEMA Office site. Please find attached a copy of the Waiver/Exceptions Application, the $500.00 application fee and a copy of the C. Robert Solenberger, Et Als, Final Subdivision Plat prepared by Greenway Engineering dated September 7, 2006 for your consideration. It is requested that this waiver be scheduled for the October 18, 2006 Planning Commission meeting and the November 8, 2006 Board of Supervisor meeting for consideration for final approval per § 144-4 of the Frederick County Subdivision Ordinance. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #2795_l/EAW www.greenwayeng.com Please advise ine if you need any additional information regarding this request and I will forward it to you immediately. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: C. Robert Solenberger John B. Schroth John S. Scully Edward J. Sussi File #2795YEAW FINAL SUBDIVISION PLAT OF THE LAND OF C. ROBERT SOLENBERGER, ET ALS STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SEPTEMBER 7, 2006 �Q� Hiatt � I 8 r qy JZA o�nS STONEWALL INDUSTRIAL �i° PARK Road 3 `a EXIT��.'VICINITY MAP 317 G 1" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF C. ROBERT SOLENBERGER, JOHN B. SCHROTH AND JOHN S. SCULLY, IV, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO WIT.- CITY/COUNTY OF TO WIT. - THE FOREGOING OWNER'S CERTIFICATE WAS THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF ACKNOWLEDGED BEFORE ME THIS DAY OF 2006 BY 2006 BY NOTARY PUBLIC NOTARY PUBLIC MY COMMISSION EXPIRES MY COMMISSION EXPIRES G 0 0 0 T 0�Q�S204,6 ! NOTE • SEE SHEET 4 FOR CURVE DATA, LINE DATA, F EASEMENT DATA, LEGEND, NOTES AND KEY TO 0\ \,\. 0`�0 W/NCyEST � ADJOINING PROPERTY OWNERS. 60' RIW WESTERN R4/LROAD 30' � -- �cc DB 633 PG 712 EASEMEN WATER & SEWER /NST. IV 02001 p�E _ - - - _ _ _ 7 4907 20' SANITARY / j / I SNE T.M. 43-A-99 _ r _ SEWER EASEMENT // p / ti C. ROBERT SOLENBERGER, ET ALS INST.No. �// 0;/0�0 /NST. No. & INST No. 040017164 ZONE' Ml USE.- VACANT e J HIATT _ L1 / `E N �o IRF Z �w z E E 5 EBRL o /♦ 3p�SR1/N46e I I ti Q j rnWZQ ♦ NO FASEMe�TS I I v��J o♦ QWZti IRF �� L3 �Qa� � IRF I I OVERHEAD UTILITY 2s, — — o AIRF o cV� WIRES - POTOMAC EDISON CO. R/W C, BRL w Z DB 495 PG 74 -- m o APPROXIMATE LIMITS OF Z' Q-- 6 v (NO WIDTH FLOOD ZONE A PER W SPECIFIED) FI.R.M. No. 510063 0105 B W o ti Ln z 0 RESIDUE OF TAX Q��oW DOT -SHADED AREA ^ PARCEL 43-A-111 CO ; w zo DENOTES A 20' h� BARN ©7.0954 ACRES "� ^ Qlz LuQ SANITARY SEWER Zi ui j o j EASEMENT HEREBY ";F i Z RESERVED TO 100' MINIMUM o W Q BENEFIT NEW PARCEL CA ZONINGGDISTRICT ~ Z zg Z 43-A- 111A.BARNBUFFER REQUIRED p � 51.29' ZONE MI lRF --_ �E7 ZONE- RA ZONE. RP IRF L 14 L1J- 0. 65 3J0.65 M/LE± TO INTERSTATE 81 EXIT 317 NAIL FD. IN TREE L 12� IPF Om 1-11 z N IRF ;RS L5 i IRF ZON R L4- ZONE.- M7 --o IRF 10.64' WIRE �: _K FENCE IRS, -L6 � �QW =Nim' z:z D � Z o:o N : ti o/RS z� 'N I� IRs0 L9 )-0— L 10 IRS --� MARTINSBURG PIKE U.S. ROUTE 11 80' R/W FINAL SUBDIVISION PLAT OF THE LAND OF z z NIN 200 0 200 GRAPHIC SCALE (1N FEET) C. ROBERT SOLENBERGER, ET ALS STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: SEPTEMBER 7, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone_ (540) 662-4185 FAX.- (540) 722-9528 Founded m 1971 www.greenwayeng.corn o��ALTH OF � I RICHARD A. EDENS y No.002550 2795J SHEET 2 OF 4 i i 1 71 OT 1�0 RESIDUE OF TAX PARCEL 43-A-111 SEE SHEET 2 20' SANITARY SEWER EASEMENT r SEE SHEET ii 2 FOR DETAIL DOT -SHADED AREA DENOTES A VARIABLE WIDTH DRAINAGE AND STORMWATER MANAGEMENT 5.00' EASEMENT HEREBY ESTABLISHED TO BENEFIT \ IRS RESIDUE OF TAX PARCEL 43-A-111. �0 ZONE. Ml L5 X..........*..f IRF ZONE" RP ZONE: M I ? NE." RA � -''"' _ i WIRE FENCE o El ZONE -A ZON R L6 50' BR VARIABLE WIDTH SEPTIC EASEMENT zZ SHED I SSERVING NEW TAX E2 OVERHEAD:PARCEL IRS 0.1 UTLITY WIRES 43-A 111A I : INST. No. 02 0 022 8 73 50.5' I I LING :��ojQ WQ JjE3 OW �N m o� QW U. I Iw w ZO� �� / Ln uOj J I �:� O (n W1 i I I ... ,,LI �L L7 n E4 I o o Joao �o I I J ^ " � ft - NEW � I L'j 48 o 0 1 TAX PARCEL �* I► II IRSOI 43-A -111A I I ? z . 1.2499 ACRES CO Iw I LS �� LO I I OVERHEAD I IUTLITY WIRES � BRL 10' UTILITY N N w IRS.. - ... { EASEMENT I I NEW TAX PARCEL 43-A- 111A I w I INST. No. � I 020022873 OVERHEAD UTILITY WIRES�0 72= IRF 0.32 MILE± TO S 374844 W ROUTE 838 McCANNS RD. 25.56' RTINSBURG PIKE U.S. ROUTE 11 80' R/W 60 0 60 NOTE: SEE SHEET 4 FOR CURVE DATA, LINE DATA, EASEMENT DATA, GRAPHIC SCALE LEGEND, NOTES AND KEY TO ADJOINING PROPERTY OWNERS. (IN FEET) FINAL SUBDIVISION PLAT OF THE LAND OF .q'NiTH OFD C. ROBERT SOLENBERGER ET ALS �� j�C1 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA z' RICHARD A. EDENS a No.002550 SCALE: 1" = 60' DATE: SEPTEMBER 7, 2006 GREENWAY ENGINEERING Engineers Winchester, Virginia 22602 -Q:007 151 Windy Hill Lane d SURv� Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 2795J SHEET 3 OF 4 Founded in 1971 www.greenwayeng.com CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 435847" 500.00' 383.80' 201.91' N 49'07'26" E 374.44' C2 00-28'11- 11499.20' 94.27' 47 13' S 38'02'50" W 94.27' I INF nATA LINE BEARING DISTANCE L1 N 42' 18'30 " E 302.27' L2 N 71'0649" E 194.41' L3 N 27'08'02" E 69.59' L4 S 38'1833" W 373.93' L5 S J929'50 " W 177.49' L6 S 55'4555" E 100.30' L7 S 64'02 55" E 141. 11' L8 S 59726'50" E 77.64' L9 N 85'2755" E 36.38' L 10 S 37'48'44 " W 108.31 ' L11 N 55-4555- W 339.60' L 12 S 38'18'33" W 145.00' L 13 N 55'4555 " W 41.52' L 14 S 38'01 '07" W 135.00' FA.SFIVFNT l /NF nAT4 LINE BEARING DISTANCE El S 55'4555" E 76.00' E2 S 63' 1744 " E 68.77' E3 S 73'44'49" E 42.92' E4 S 5926'50" E 65.93' E5 N 78'5231 " E 66.77' E6 S 52'11'16" E 49.44' EASEMENT CENTERLINE DATA LINE BEARING DISTANCE E7 S 54-15'47- W J59.81' KEY TO ADJOINING PROPERTY OWNERS TAG TAX PARCEL No. CURRENT OWNER REFERENCE ZONE USE AO T.M. 43–A-107 CLIFFORD D. MCQUA/N, ET ALS DB 896 PG 708 RP/RESID. © T.M. 43–A-108 PATRICIA S. NETHERS WILL No. 010000120 RP/RESID. © T.M. 43–A-109 SCOTT E. MERRYMAN, ET UX INST No. 030016388 RP/RESID. OD TM. 43–A-110 THOMAS E. R/DDICK, JR., ET UX INST. No. 020022873 RA&RP/RESID. O TM. 43–A-113 CHARLES S. DEHAVEN, ET UX, TRUSTEES INST. No. 060006327 RP/RESID LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IPF = 2" IRON PIPE FOUND IRF =" IRON REBAR FOUND IRS = �" IRON REBAR & CAP SET MON = CONCRETE HIGHWAY MONUMENT FOUND R/W = RIGHT OF WAY -E— = OVERHEAD UTILITY WIRES -*----x— = FENCE LINE • • = ZONING DISTRICT BOUNDARY NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN THOSE SHOWN MAY EXIST 2. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING, AND ZONE A, AREAS OF 100–YE4R FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0105 B, DATED JULY 17, 1978. THE APPROXIMATE LIMITS OF SAID ZONE A ARE SHOWN HEREON AS DETERMINED BY GRAPHIC PLOTTING UPON SAID MAP. - FINAL SUBDIVISION PLAT OF THE LAND OFNLTH pFv C. ROBERT SOLENBERGER, ET ALS STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: SEPTEMBER 7, 2006 RICHARD A. EDENS y No.002550 GREENWAY ENGINEERING 9-7-0c.. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 IJ SjJRv� Suweyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Fowided m 1971 www.greenwayeng.com 2795) SHEET 4 OF 4 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director RE: Discussion; UDA Study — Land Use Proposal for the Comprehensive Plan and Accompanying Planning Area Analysis. DATE: October 5, 2006 Enclosed for the Planning Commission's review and discussion is the Urban Areas Land Use Proposal for the Comprehensive Plan. The UDA Working Group and Comprehensive Plans and Programs Subcommittee have been working over recent weeks to finalize the proposal based upon input and discussion from the Joint Work Session held with the Board of Supervisors on August 29, 2006. In summary, the proposed land use policy and principles promoted by the UDA Study for the urban areas of the County enables a proactive and creative land use plan that will meet growth demands, assure a sustainable community, and maintain a high quality of life for its citizens. The improved land use plan promotes and enables a new pattern of land use for the urban areas of the Frederick County that would be applicable within the UDA, and in identified areas adjacent to the UDA. The Land Use Proposal for the Urban Areas is based upon Creating Community in the Urban Areas and the following: Development Principles in the Urban Areas New Urbanism and Traditional Neighborhood Design methods are envisioned to be an effective tool for growth management of the County's urban areas. Future land uses and new development within the County will be generally based upon the following principles: Mix and integration of a variety of uses, Mix and diversity of housing opportunities, Increased density in an urban form, Walkability, Connectivity, Traditional neighborhood structure, High quality architecture and urban design, Sustainability and environmental quality, Smart transportation, Integrated community facilities, Community focal points, and Enhanced design and planning. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Planning Commission UDA Study — Land Use Proposal October 5, 2006 Page 2 Neighborhood Villages and Urban Centers Envisioned throughout the urban areas of the County is a new philosophy of development that creates neighborhoods which incorporate residential, retail, educational, and public uses, commercial services, opportunities for employment, and institutional and recreational resources. Neighborhood Villages and Urban Centers would be the building blocks of the urban fabric of Frederick County's urban areas. The land use concept of the Neighborhood Villages and Urban Centers would enable land owners and the County the opportunity to choose an appropriate development style and form that would add long term value to the community. This choice is in addition to the land use concepts presently identified in the Comprehensive Plan. Potential Neighborhood Village and Urban Center Locations have been identified. Neighborhood Villages Neighborhood Villages are envisioned to be compact centers that focus and complement the surrounding neighborhoods, are walkable and designed at a human scale, and which are supported by existing and planned road networks. Urban Centers The Urban Center is larger than the Neighborhood Village and is envisioned to be a more intensive, walkable urban area with a larger commercial core, higher densities, and be designed around some form of public space or focal point. Urban Centers should be located in close proximity to major transportation infrastructure. Community Facilities in the Urban Areas Community facilities, in particular schools and their locations, have tremendous effect on how our communities grow. There is an opportunity to improve the quality of the community and schools together by applying contemporary planning principles to community facility planning. In general, an important theme of this land use approach is that community facilities should serve as the focal point for Neighborhood Villages and Urban Centers and the urban areas. Community centered schools are aimed at promoting more livable places and improving the overall educational experience. In general, the community should place a greater emphasis on joint use of facilities for a variety of entities and uses. The importance of community connectivity is recognized. There is a need to provide linkages between trails, parks, opens spaces and community uses. Transportation in the Urban Areas The Neighborhood Villages and Urban Centers are based on the premise of walkable, pedestrian orientated urban communities. In general, the County's transportation network should be designed for connectivity. Streets within the neighborhood should provide a connected network, offering a variety of routes and dispersing traffic. Transportation improvements should be designed as public spaces with multimodal opportunities that promote traffic safety and reduce congestion. Planning Commission UDA Study — Land Use Proposal October 5, 2006 Page 3 The County should continue to ensure that the Community's transportation planning efforts promote a multimodal transportation plan that addresses existing and future transportation needs of the County and the Win -Fred MPO area. This regional planning effort is supplemented by the County's Eastern Road Plan, a tool that enhances the level of planning, detail, and design of the needed transportation improvements of the community. The Bicycle and Pedestrian Mobility Plan effort should be used as a tool that enhances the community's walkability and generally improves the multimodal accommodations available to the community. In general, walkable, pedestrian orientated human scale urban communities are encouraged. Green Infrastructure in the Urban Areas The Green Infrastructure includes those features that enrich the quality of life and are necessary for the protection of clean air, water, and natural resources, and will serve as the central organizing concept for future land use in both the urban areas. Also enclosed for the Planning Commission's information is a Planning Area Analysis of the County's urban areas. This analysis was developed during the UDA Study as a tool to monitor planning activity and understand the build -out potential of the County's urban areas. The Planning Area Analysis is generally based upon magisterial districts and sub -planning areas within each district. The more detailed sub -planning areas provide the basis to understand the land use details within specific areas of the urban community. When combined together, they provide an improved picture of the urban areas of the County. The Planning Area Analysis is intended to be a working document and will continue to be enhanced with additional information. This item is for the Planning Commission's discussion. Comments received from the Planning Commission will be incorporated into the proposal and forwarded to the Board of Supervisors as a discussion item at their November meeting. MTR/bad Attachments UDA Study - Land Use Proposal for the Comprehensive Policy Plan UDA Study Land Use Proposal for the Comprehensive Policy Plan The UDA Working Group of the Comprehensive Plans and Programs Subcommittee October 2006 - DRAFT UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Urban Areas Urban Development Area Sewer and Water Service Area Creating Community in the Urban Areas Development Principles in the Urban Areas Neighborhood Villages and Urban Centers Potential Neighborhood Village and Urban Center Locations Community Facilities in the Urban Areas Transportation in the Urban Areas Green Infrastructure in the Urban Areas Implementation of the UDA Study Neighborhood Urban Community Center Land Use Plans New Urbanist/Traditional Neighborhood Zoning Classification C & I Opportunities 2 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Urban Areas Urban Development Area (UDA) Sewer and Water Service Area (SWSA) The concept of Urban Growth Boundaries, such as the County's Urban Development Area and Sewer and Water Service Area, is based upon the theory that within the County's urban areas, a more compact, dense development is better and more efficient than extensive, low density development. In order to manage growth effectively it is important to appropriately designate the general location of planned urban development. By identifying the Urban Development Area and confining urban development to that area, the County is able to determine where to direct special, intensive efforts at providing facilities and services. Generally, within the urban areas there is a need to provide a diversity of types of locations for various types of development in order to accommodate a competitive land market, and provide for consumer choice. Therefore, sufficient land needs to be included in the Urban Development Area to accommodate a variety of development opportunities. A principal aim of the land use policy for the urban areas is to increase the opportunities available within the UDA by identifying focal points within the UDA that would enable greater potential to accommodate anticipated community growth in a well planned area. It is anticipated that providing sufficient land and opportunity for development in the Urban Development Area should also decrease development pressures in the rural areas. In general, average gross densities of conventional suburban developments in the Urban Development Area have been between two and three units per acre in recent years. There is a need to continually monitor densities and intensities of development and associated impacts. However, a variety of residential densities which are generally higher than those previously experienced in the County would be appropriate throughout the County's urban areas with higher densities accommodated in designated areas of the UDA. 3 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensh,e Policy Plan Larger, planned communities with urban densities are proposed as an appropriate form of development in the Urban Development Area. Such planned communities provide an opportunity to create well planned, distinct places. However, they should only be approved if roads and facilities are provided with sufficient capacity to support such developments. Such planned communities should fit within the context of the Comprehensive Policy Plan. In order for new areas of urban land uses to be established in the Urban Development Area and Sewer and Water Service Area, roads and public facilities of adequate capacity should be provided to serve the new urban areas. In order for any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements. Creating Community in the Urban Areas. The UDA Study of 2006 evaluated current land use patterns, comprehensive policy plan language, development trends, and contemporary planning practices. Two ways of creating community were identified and are as follows. One is to infill where appropriate both public facilities and non-residential uses where existing residents live, where children go to school, creating places where residents can shop, places where residents can recreate, and places where residents can work are examples. The second is to promote a new form of development as a desirable choice for the UDA, a new form of development that is designed to accommodate anticipated community growth in an urban environment. Further, the approach promotes an increase in the overall residential density in the UDA. It is believed that such an approach will also provide efficiency in providing community facilities. It is an approach that will also provide an opportunity to address the multimodal transportation needs of the community. In proposing a new form of development of the UDA, the Comprehensive Policy Plan firmly seeks to create community within Urban Development Area. 4 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan The land use policies of this plan are designed to enable new focal points to emerge within the urban areas of the County. Whether this is within an area of the UDA with an existing land use pattern that has developed conventionally over time, or within an undeveloped greenfield area of the UDA which would provide an opportunity to fully realize the creation of community within the UDA. In either of the above scenarios, the goal of the UDA Study is to enable the creation of livable communities within the UDA that are diverse and vibrant, appealing and functional, provides a high standard of living for a broad cross section of the community, and promotes a sense of place. Development Principles in the Urban Areas To further facilitate the growth and development of the County's urban community, and to ensure that the right kind of development is occurring in the appropriate places, a set of development principles is promoted to guide the new form of development. New Urbanism and Traditional Neighborhood Design methods have been studied and are envisioned to be an effective tool for growth management of the County's urban areas. The principles of New Urbanism or Traditional Neighborhood design are extremely appropriate for application throughout the urban areas of the County. As such, it is intended that future land uses and new development within the County will be generally based upon the following principles. Mix and integration of a variety of uses Increased density in an urban form Connectivity High quality architecture and urban design Smart transportation Communityfocal points Mix and diversity of housing opportunities Walkability Traditional neighborhood structure Sustainability and environmental quality Integrated communityfacilities Enhanced design and planning 5 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan The application of the development principles in the appropriate locations seeks to ensure that the urban areas of the County will be made up of walkable, mixed-use neighborhoods, feature a variety of housing choices, high quality retail, community facilities as focal points, employment opportunities, and will provide for land uses that are connected by an attractive, efficient, multimodal transportation system. The mixing of uses will provide a greater choice in mobility. Further, focusing development around walkable centers affords people the opportunity to work, live, shop, and play in locations that are near each other. Neighborhood Villages and Urban Centers. Envisioned throughout the urban areas of the County is a new philosophy of development that creates neighborhoods which incorporate residential, retail, educational, and public uses, commercial services, opportunities for employment, and institutional and recreational resources. The land use concept of the Neighborhood Villages and Urban Centers would enable land owners and the County the opportunity to choose an appropriate development style and form that would add long term value to the community. This choice is in addition to the land use concepts presently identified in the Comprehensive Plan. Neighborhood Villages and Urban Centers would be the building blocks of the urban fabric of Frederick County's urban areas. Neighborhood Villages Neighborhood Villages are envisioned to be compact centers that focus and complement the surrounding neighborhoods, are walkable and designed at a human scale, and which are supported by existing and planned road networks. Urban Centers The Urban Center is larger than the Neighborhood Village and is envisioned to be a more intensive, walkable urban area with a larger commercial core, higher densities, and be designed around some form of public space or focal point. Urban Centers should be located in close proximity to major transportation infrastructure. 6 UDA Study 2006 UDA Study - Land Use Proposal for the Coanprehensh,e Policy Plan ■ The intent of the Neighborhood Villages and Urban Centers is to provide for a mixture of housing types and uses within a carefully planned environment. Guided by Neighborhood Villages and Urban Center Community Plans, similar to the small area land use plans historically implemented in recent County planning efforts, Neighborhood Villages and Urban Center Community Plans would be designed to guide the physical form, structure, density, mix of uses, community facilities and transportation enhancements. This concept would build upon recent Small Area Plans which introduced the mixed use concept into the County. Neighborhood Residential Land Uses, Neighborhood Commercial Land Uses, Public and Institutional Land Uses, and Planned Communities would be integrated within the Neighborhood Villages and Urban Centers. Further, the physical form of the urban areas would be guided by development principles previously described in this Chapter. A goal of the Neighborhood Villages and Urban Centers is to create new neighborhoods with an appropriate balance between residential, employment, and service uses. The appropriate balance would be determined by the characteristics of their particular location within the Urban Development Area. A feature of the Neighborhood Villages and Urban Centers will be the mix and variety of uses. A horizontal and vertical mix and integration of uses should be encouraged. Neighborhood Villages and Urban Centers would be designed to enable a complementary, pedestrian oriented mix of public and private facilities to meet the needs of the community. The design of Neighborhood Villages and Urban Centers is intended to foster a sense of community by creating vibrant places of activity that could accommodate life, work, and play. The Neighborhood Villages and Urban Centers should be different from each other and be designed with the concept of placemaking as a guiding element. It should be recognized that a range of centers from a smaller neighborhood scale to a more intensive urban scale may be appropriate. 7 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan More detailed neighborhood planning efforts would ultimately help determine the scale of the Neighborhood Villages and Urban Centers based upon a variety of factors, not least of which is the locational opportunities that may exist in any particular location. For example, it would be important to recognize that an Urban Center located adjacent to a future interchange on Interstate 81 would have the opportunity to be significantly more intensive than a Neighborhood Village located central to the existing communities located along Senseny Road. Density is essential to making the vision of the Neighborhood Villages and Urban Centers and desirable urban places a reality. Density is a good thing for the urban community in that it provides an opportunity to create the diverse and vibrant, appealing and functional, urban places envisioned for the urban areas of the County. Density and a mix of uses would provide the opportunity for an increased level of community activity and social interaction. Density, appropriately designed, would make possible the walkable, human scaled, pedestrian oriented Neighborhood Villages and Urban Centers envisioned by this plan. It is anticipated that Neighborhood Villages and Urban Centers will be located within the Urban Development Area. Modifications to the boundaries of the Urban Development Area to facilitate the development of the Neighborhood Villages and Urban Centers should only occur when the primary goal of the UDA Study has been addressed to the satisfaction of the County. To that end, conformance with the Comprehensive Plan is a primary consideration. Neighborhood Villages and Urban Center Plans should be ideally developed prior to the contemplation of requests to modify the boundaries of the UDA. Such plans, elements of the Comprehensive Policy Plan would then guide future growth and development in the appropriate areas of the County. Community facility and infrastructure capacities and capabilities, implementation of County transportation planning efforts, unique proposals that addresses an expressed need of the County, economic development opportunities, and affordable housing are also important elements to consider when considering modifications to the urban areas of the County. 8 UDA Study 2006 UDA Study - Land Use Proposal for the Coir:prehensive Policy Plan L Special emphasis is placed on the thoughtful provision of public spaces, recreational areas, and open spaces. In addition, the urban areas should be carefully planned to respect and take advantage of unique natural features and settings, protect and preserve natural and historic resources and features, and enhance the natural, scenic, and cultural value of the urban areas of the County. Special care must be taken to ensure that the necessary infrastructure improvements, community facilities, and transportation improvements are available and provided for to support the urban areas and Neighborhood Villages and Urban Centers. It is the intent of land use policy, through the application of a new form of development and the identification of the Neighborhood Villages and Urban Center concept, to provide the opportunity for a new pattern of growth that will provide a new market opportunity and ultimately result in enhanced urban areas within Frederick County. Potential Neighborhood Villages and Urban Centers Locations. The preliminary location of Neighborhood Villages and Urban Centers was identified by evaluating general qualifying characteristics of a particular location that provided the County with an opportunity to implement the proactive and creative land use principles presented in the UDA Study. The general public, through their participation in the series of public meetings, further helped define the potential locations for Neighborhood Villages and Urban Centers. Potential locations. Senseny Road Triangle Justes Drive School Cluster Villages at Artrip Warrior and Tasker Lakeside at the Library Kernstown Sunnyside Papermill Road at New 1-81 Interchange Stephens City 277 Area West Jubal Early Crosspointe Neighborhood Village Neighborhood Village Neighborhood Village Neighborhood Village Neighborhood Village Neighborhood Village Neighborhood Village Urban Center Urban Center Urban Center Urban Center 9 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Neighborhood Villages and Urban Center Plans would be designed for the identified locations to guide the physical form, structure, density, mix of uses, community facilities and transportation enhancements. Neighborhood Villages and Urban Center Plans would be designed to address the goals of the Urban Development Area as identified through the UDA Study and would be designed at a human scale and with walkability as a key concept to facilitate the creation of Neighborhood Villages and Urban Centers that have character and create a sense of place. The design and form of the development within the County's urban areas is a very important consideration. With an increase in the density of the County's urban areas is a need to recognize that the level of design and planning within the urban areas must increase accordingly. The level of sophistication of community planning should increase and the community should provide leadership in this regard. The initiation of a neighborhood planning effort would be an example of a proactive approach to addressing the needs of the urban areas of the County and promoting successful Neighborhood Villages and Urban Centers. Equally important is the predictability that is offered by such an approach to the County and to the development community when developing such projects. An increase in density in the urban areas is also important when considering the need to provide necessary community facilities and amenities in locations that are highly accessible. Efficiency in addressing the community facility, infrastructure, and transportation needs of a growing community in a resourceful and effective manner is a component of the land use approach proposed. The land use approach would also allow for the efficient delivery of public services. In order for new areas of urban uses to be established in the Urban Areas in the manner envisioned in this plan, roads and public facilities of sufficient capacity should be provided to serve the new urban areas. For any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements. 10 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan In planning the urban areas, careful consideration of land uses adjacent to the Neighborhood Villages and Urban Centers must occur to ensure that an appropriate transition to the surrounding areas and sensitive integration into the community is achieved. Community Facilities in the Urban Areas In evaluating community growth patterns, it is appropriate to assess how and where the community invests in the community facilities needed to support a growing community. Community facilities, in particular, schools and their locations have tremendous effect on how our communities grow. The challenges associated with community growth and the provision of new community facilities, in particular new school construction, also create an opportunity to improve the quality of the community and schools together by applying contemporary planning principles to community facility planning. This opportunity translates to other community facility needs including parks and recreation, library, and emergency services. It has been determined through the UDA Study that many of the needs of County's community facility providers could be addressed through this proactive land use approach. Collaboration between County agencies should continue to be a priority goal in order to ensure that the investment made in the County's community facilities, including the community's school system, will provide the best possible environment for positive community growth. In general, an important theme of this land use approach is that community facilities should serve as the focal point for Neighborhood Villages and Urban Centers and the urban areas. Community centered schools are aimed at promoting more livable places and improving the overall educational experience. New Urbanism promotes community centered schools as an element of a fully integrated community and as a resource and enhancement for the entire community. Schools should be located in existing or future neighborhoods, within walking distance and accessible to residents of the community. 11 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan �r New Urbanism also promotes the importance of small playgrounds and open spaces being near every dwelling. Accordingly, Parks and Recreation facilities are an important component of this land use approach. In general, the community should place a greater emphasis on joint use of facilities for a variety of entities and uses. Such an approach would be beneficial to the community facility providers and the broader community. The importance of community connectivity is recognized with this land use approach. There is a need to provide linkages between trails, parks, opens spaces and community uses. This should be a prominent element of future planning efforts. Transportation in the Urban Areas The County's Comprehensive Policy Plan continues to ensure that a sufficient transportation network is provided to accommodate the Plan's envisioned future land uses. The nexus between land use planning and transportation planning continues to be a critical consideration of the Community's planning efforts. The County should continue to ensure that the Community's transportation planning efforts promote a multimodal transportation plan that addresses existing and future transportation needs of the County and the Win -Fred MPO area. Coordination within the Win -Fred Metropolitan Planning Organization is essential. The Win -Fred 2030 Transportation Plan is a multimodal plan that seeks to provide a blue print of the locally desired transportation improvements which address both existing and long- range transportation needs of the community. This regional planning effort is supplemented by the County's Eastern Road Plan which provides additional guidance regarding transportation improvements necessary to accommodate the land uses envisioned in the urban areas of the County. The Eastern Road Plan should continue to be used as a tool that enhances the level of planning, detail, and design of the needed transportation improvements of the community. 12 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan The County, in conjunction with the Win -Fred MPO, is currently completing a Bicycle and Pedestrian Mobility Plan. This effort should be used as a tool that enhances the community's walkability and generally improves the multimodal accommodations available to the community. The Bicycle and Pedestrian Mobility Plan's application to the new urbanism approach to land use planning should prove to be invaluable as a tool in the County's future community planning efforts. In particular, the goal of encouraging walkable, pedestrian orientated human scale urban communities. Within the context of the urban areas, the Neighborhood Villages and Urban Centers are based on the premise of walkable, pedestrian orientated urban communities. The concept of walkable catchment areas, also known as ped sheds, guides the general scope of Neighborhood Villages and Urban Centers by showing the actual area within a five to ten minute walking distance from a Neighborhood Villages and Urban Center, community focal point, or major transportation stop. In general, the County's transportation network should be designed for connectivity. Streets within the neighborhood should provide a connected network, offering a variety of routes and dispersing traffic. Transportation improvements should be designed as public spaces with multimodal opportunities that promote traffic safety and reduce congestion. The community's business corridor planning effort should continue to be enhanced with corridor design standards that reflect the aesthetic and functional needs of the community's entrance corridors and the urban qualities of the transportation system within the Neighborhood Villages and Urban Centers. Green Infrastructure of the Urban Areas An important feature that translates through both the rural and urban areas of the County is the concept of Green Infrastructure. Green Infrastructure is the County's natural life support system - an interconnected network of land and water that supports native species, maintains natural ecological processes, sustains air and 13 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan water resources and contributes to the health and quality of life for this community and its people. Green Infrastructure encompasses farmland, streambeds, woodlands, parks and scenic views. The Green Infrastructure includes those features that enrich the quality of life and are necessary for the protection of clean air, water, and natural resources, and will serve as the central organizing concept for future land use in both the rural areas and the urban areas. In the rural and urban areas of the County, the Green Infrastructure concept identifies critical areas for conservation, establishes priorities for protection, and recommends tactics for implementation. It focuses on ecologically important resource areas (woodlands, quality wildlife habitat), and critical areas for the protection of aquatic resources (wetlands, riparian corridors, floodplains). It can also include culturally important resources such as historic buildings and battlefields, which while not part of the Green Network, are valued by the community and contribute to the overall character of the area. Designing the Frederick County Green Infrastructure Network In order to design the Green Infrastructure Network for the County's Urban Areas, desired network attributes should be identified and data gathered on their spatial arrangements. Firstly, all land features protected by the Frederick County Zoning Ordinance should be considered. These include: floodplain; lakes and ponds; wetlands, natural waterways and riparian buffers; sinkholes; natural stormwater retention areas; and • steep slopes. These areas warrant the highest level of protection, and are generally unbuildable land unfit for development. These areas should be the Primary Conservation Resources of the Frederick County Green Infrastructure Network. 14 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Secondly, other landscape features were evaluated for possible inclusion in the Green Infrastructure Network. These were based on input from the public and stakeholders that was received through recent planning efforts and the UDA Study process. Suggested features worthy of consideration in the development process include: • Woodlands; • Scenic viewsheds: • Riparian areas; • Existing corridor screening; • Parks; and • Trails. Land resources such as these should be classified as Secondary Conservation Resources of the Frederick County Green Infrastructure Network. Thirdly, historic features were evaluated for possible inclusion in the Green Infrastructure Network. Properties listed on the National Register of Historic Places, the Virginia Landmark Register and Civil War Battlefields and Sites (as defined by the National Parks Service Shenandoah Valley Civil War Sites Study), should be classified as Secondary Resources. Secondary conservation resources should not have the same level of protection as primary resources. However, their presence on a site should be a consideration in designing any new developments. Land owners and developer will be encouraged to protect secondary conservation resources, but this will be done on a voluntary basis. The natural and cultural features of an area provide an opportunity to incorporate the unique features of an area into a planning effort that promotes the character of the community, furthering the community's sense of place. 15 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan In summary, the proposed land use policy and principles promoted by the UDA Study for the urban areas of the County enables a proactive and creative land use plan that will meet growth demands, assure a sustainable community, and maintain a high quality of life for its citizens. The improved land use plan promotes and enables a new pattern of land use for the urban areas of the Frederick County that would be applicable within the UDA, and in identified areas adjacent to the UDA. Implementation of the UDA Study Neighborhood Urban Community Center Land Use Plans Promote the initiation of an on-going Neighborhood Planning Effort and the implementation of the principles of New Urbanism in the identified Neighborhood Villages and Urban Centers. Prioritization of the Neighborhood Villages and Urban Centers for the purpose of initiating the application of the County's Neighborhood Planning Effort. Senseny Road Greenwood Road Channing Drive Route 277 -New Main Street Stephens City New Urbanist/Traditional Neighborhood Zoning Classification Flexible zoning classification tailored to enabling Neighborhood and Urban Village Centers, or a part thereof, to be developed. The Neighborhood Villages and Urban Centers are to be designed to implement the planning principles promoted for the urban areas of the County. Approach would be similar to that of the R-4, Residential Planned Community; however it would be applicable to smaller properties located within those areas designated as Neighborhood Villages and Urban Centers. Such an approach should be promoted throughout the UDA. However, particular emphasis should be placed on the designated Neighborhood Villages and Urban Centers 16 UDA Study 2006 UDA Stucly - Land Use Proposal for the Comprehensive Policy Plan M' _ An additional tool would be the creation of a New Urbanist Overlay zoning district that embraces the principles of New Urbanism. This could be applied over exiting residentially zoned land uses. In addition, enabling ordinances that would create Zoning and Subdivision Ordinance language that would facilitate the planning principles promoted to be realized and the implementation of New Urbanist projects a reality. C & I Opportunities. Achieve a business development strategy that seeks to provide appropriate locations for commercial and industrial opportunities and seeks to achieve a balanced ratio between the residential and conunercial/industrial growth of 60 percent residential to 40 percent commercial/industrial (60/40) within the UDA/S W SA. Update Zoning Ordinances to accommodate targeted businesses. Identified C & I Opportunities beyond the current boundaries of the UDA and SWSA: Double Tollgate Triangle South East Frederick /East 522 Route 50 East at Route 37 Bypass 17 UDA Study 2006 i ir Frederick County Defined Planning Areas Sac C-® "Y, Gross Acreage Acreage inside UDA Acreage in SWSA Urban Lands Analysis Existing Residential Units 912 acres 0 acres 560 acres 81 units Urban Development Area (UDA) Planned Residential Units 0 units (Approved subdivisions, MDPs, and Rezoning GDPs) Potential RP Residential Units 0 units (Vacant land RP/R4 at permitted densities) Potential other Residential Units 0 units (Vacant land zoned RA at permitted densities) 3 Planning Area Zones (PAZs) Map Features CE F Streets '-\. Terciary Roads wc B) Urban Development Area ♦! j. Primary Roads - > Winchester City Roads ' swsa ^O Secondary Roads ' �,� railroads 0 0.25 0.5 I �_ City/Town Bounday s Future Rt 37 I.5 2 - -. Miles ,UDAPSTUDY 2006, JFrederick County Defined Planning Areas r Gross Acreage 1,527.5 acres Acreage inside UDA 0 acres Acreage in SWSA 807 acres 52II Urban Lands Analysis IExisting t Residential Units 189 units i i� Urban Development Area (UDA) Planned Residential Units 0 units €I (Approved subdivisions, MDPs, and Rezoning GDPs) 52 , Potential RP Residential Units 0 units — + (Vacant land RP/R4 at permitted densities) 1 / Potential other Residential Units 378 units (Vacant land zoned RA at permitted densities) .'37 3 Planning Area Zones (PAZs) x 37 50 i Map Features Winchester f- Virginia i �`, Streets Terciary Roads e 4- O Urban Development Area �_: + City l Town Bouetlay �i Primary Roads `._• Winchester City Roads, ; swsa tr f 1 IN., Seconds Roads 0 0.15 0.3 0.6 0.9 Secondary '�.. railroads 1.2 - Miles Frederick County Defined Planning Area Zones Nnuon Gross Acreage Acreage inside UDA Urban Lands Analysis Existing Residential Units Urban Development Area (UDA) Planned Residential Units 973 units (Approved subdivisions, MDPs, and Rezoning GDPs) Potential RP Residential Units 123 units (Vacant land RP/R4 at permitted densities) Potential other Residential Units 787 units (Vacant land zoned RA at permitted densities) Planning Area Zones (PAZs) Streets i Tertiary Roads co = ® Urban Developrnent Area � ' City /Town Bounday Primary Roads / `�,i Winchester City Road. °':' '. swsa I'% Secondary Roads ^•e,� railroads 0 0.125 0.25 0.5 0.75 1 Milts r-IeaencK Lounty Defined Planning Area Zones Gross Acreage 11,003 acres Acreage inside UDA 6,283 acres Acreage in SWSA 8,618 acres Urban Lands Analysis Existing Residential Units 2,589 units Urban Development Area (UDA) Planned Residential Units 2,774 units (Approved subdivisions, MDPs, and Rezoning GDPs) Potential RP Residential Units 504 units (Vacant land RP/R4 at permitted densities) Potential other Residential Units 959 units (Vacant land zoned RA a permitted densities) 3 Planning Area Zones (PAZs) Map Features wry. Streets TertiaryRoads 4 0 Urban Development Area r=r City/Town Bounday Primary Roads !'`/ Winchester City Roads Q was Future Rt 37 Secondary Roads ��_, railroads 0 0.25 0 C 1 1.5 2 Miles �7 C • COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administratorl?� 540/665-5651 FAX: 540/665-6395 RE: Discussion: Changes to Section 165-55 of the Frederick County 'Zoning Ordinance DATE: October 2, 2006 The Development Review and Regulations Subcommittee (DRRS) reviewed and discussed proposed changes to Section 165-55 of the Frederick County Zoning Ordinance at its meeting on July 27, 2006. This section of the zoning ordinance addresses building setbacks in the RA (Rural Areas) Zoning District. The DRRS felt the current setbacks need better clarification and distance than is currently allowed; these changes would clear up any confusion to adjoining land uses and avoid conflict with active agriculture uses. These proposed changes will apply to family division lots. As currently written, these lots need only 50 feet side and rear setbacks. These changes will not affect front setbacks as currently written. The proposed changes to the zoning ordinance were presented to the Planning Commission at its September 20, 2006, meeting. During their discussion, some members raised the possibility of revising the second category, Residential/Agriculture/ Vacant S.1 acres or more, to 200 feet, rather than 100. An example was raised of an existing, vacant agricultural lot; an orchardist, for example, would to be required to put in a 100 -foot setback to re-establish his orchard, thereby losing trees originally placed up to the property line. A suggestion was made to add a fourth category, Residential 5.1 acres or more at 100 feet.. Commissioners agreed all types of agriculture deserved protection, especially with smaller acreages and greater niche marketing. Other Commission members did not agree that 5.1 acres could be classified as agriculture and believed the minimum should be 20 acres or greater; they suggested eliminating the 100 -foot setback and include Agriculture/ Orchard/Agricultural & Forestal Districts 20 acres or greater. Commissioners favored the greater setbacks against all agriculture and recognized the need to protect agricultural uses and potential agricultural lands from encroachment or incompatible land uses. It was decided to send the revisions back to the DRRS for further discussion and clarification. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Frederick County Planning Commission Re: Discussion of Agricultural Setbacks October 3, 2006 The MRS met on September 28, 2006, to discuss the proposed changes to the RA setbacks that were brought forward from the September 20, 2006 Planning Commission meeting. These changes are included in your agenda. The current ordinance section is attachment #1; the proposed changes are attachment #2. This proposed ordinance amendment is presented as a discussion item to enable the Planning Commission to raise issues and seek clarification. Staff will be available to respond to your questions. Comments raised during this discussion will be forwarded to the Board of Supervisors for their consideration. MRC/bad Attachments Attachment #1 Current Zoning Ordinance Section (Building Setbacks in the RA Zoning District) 165-55. Setback requirements The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Traditional five -acre lots. Setbacks from tradition five -acre lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Setback Adjoining Land Use (Side and Rear) (feet) ResidentialNaca.nt 50 Agriculture 100 Orchard 200 C. Existing dwellings. The side and rear setbacks for any lot created around an existing dwelling or family division lot shall be 50 feet from all lot lines. Attachment #2 Proposed Zoning Ordinance Amendment - Illustrated changes (Building Setbacks in the RA Zoning District) Existing/unchanged text is shown without font effects New text is shown in bold italics 165-55. Setback requirements The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Traditional five -acre lots and family division lots: Setbacks from tradition five -acre lots and family division lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Setback Adjoining Land Use (Side and Rear) (feet) Residential/,,aeapt 50 wb.,...ieul�.ff i inn mo Or-ehar-d 200 Residential S acres or less 50 Agricultural) S acres or more 100 Residential Orchard 200 Agricultural and Forestral District 200 - , MI"