PC 09-06-06 Meeting AgendaFILE COPY
AGENI
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
7:00 P.M.
1) August 2, 2006 Minutes...........
September 6, 2006
CALL TO ORDER
TAB
.................. (A)
2) Committee Reports.................................................................................................. (no tab)
3) Citizen Comments.................................................................................................... (no tab)
PUBLIC HEARING
4) Conditional Use Permit #06-06 of Horton Investment LLC for a Retail Nursery. This
property is located at 2731 Front Royal Pike (Route 522), and is identified with Property
Identification Number 76-A-62 in the Shawnee Magisterial District.
Mr. Henry......................................................................................................................... (B)
5) Conditional Use Permit #07-06 of Jae Cha for a Country General Store. This property is
located at 2960 Millwood Pike (Route 50), and is identified with Property Identification Number
77-A-13 in the Shawnee Magisterial District.
Mr. Suchicital................................................................................................................... (C)
6) Rezoning #09-06 of Tasker Woods, submitted by Patton Harris Rust & Associates, to rezone
60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District and
18.897 acres from RA District to B2 (General Business) District, totaling 79.178 acres, with
proffers, for up to 319 residential units, and for commercial use. The properties are located
north of Tasker Road (Route 642) east and south of Macedonia Church Road (Route 756) and
west of Front Royal Pike (Route 522) in the Shawnee Magisterial District, and are identified by
Property Identification Numbers 76 -A -48A and 76-A-49.
Mrs. Eddy......................................................................................................................... (D)
PUBLIC MEETING
7) Master Development Plan #09-06 for Wakeland Properties, submitted by Patton Harris
Rust & Associates, for Commercial Uses. The properties are located east and adjacent to
Front Royal Pike (Route 522) approximately 280 feet south of the Papermill Road
intersection, and are identified with Property Identification Numbers 64-A-29 and 64-A-30,
in the Shawnee Magisterial District.
Ms. Perkins...................................................................................................................... (E)
81 Subdivision 412-06 for Stephens City Storage, LLC, submitted by Foltz Land Surveying,
Inc., for Commercial Use. The property is located at 623 Fairfax Pike (Route 277), and is
identified with Property Identification Number 86-5-F, in the Opequon Magisterial District.
Mr. Cheran....................................................................................................................... (F)
9) Subdivision 410-06 for WIN, LLC, submitted by Greenway Engineering, for Commercial
Use. The property fronts the northeast quadrant of the intersection between Berryville Pike
(Route 7) and Interstate 81, and is identified with Property Identification Number 54 -A -99E,
in the Stonewall Magisterial District.
Mr. Cheran....................................................................................................................... (G)
10) Other
•
•
C
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on August 2, 2006.
PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon
District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud
District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek
District; Robert A. Morris, Shawnee District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of
Supervisors Liaison; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal
Counsel.
ABSENT: Richard C. Ours, Opequon District; Gary R. Oates, Stonewall District; Christopher M. Mohn,
Red Bud District; and David Shore, City of Winchester Liaison;
STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision
Administrator; Candice E. Perkins, Planner 11; Kevin T. Henry, Planning Technician; and Renee' S. Arlotta,
Clerk.
CALL TO ORDER
Chairman Wilmot called the meeting to order at 7:00 p.m.
MINUTES
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes
of June 21, 2006 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes
of July 5, 2006 were unanimously approved as presented.
Frederick County Planning Commission
Minutes of August 2, 2006
fp Page 1813
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COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) — 07/27/06 Mtg.
Commissioner Thomas reported that the DRRS discussed the RA setbacks. He said a proposal
will be brought to the full Commission in the next few months to simplify that section and make it easier to
administer. Commissioner Thomas said the subcommittee also worked on a definition for community centers and
what constitutes a community center.
Transportation Committee — 07/24/06 Mtg.
Commissioner Kriz reported that the Transportation Committee held a public hearing on the
2007-2008 Interstate, Primary, and Secondary Road Improvement Plans. He said there were no citizen comments
and the Committee recommended approval of those plans. Commissioner Kriz reported there was also an update
on the Eastern Road Plan.
Conservation Easement Authority (CEA) — 07/27/06 Mtg.
Commissioner Light reported that the CEA is working towards methods of negotiating a
Memorandum of Agreement with the Virginia Outdoors Foundation (VOF). He said that due to the Committee's
fledgling status, they are still trying to work through various issues. Commissioner Light said that prior to this, a
meeting was held with the Clarke County Conservation Easement Committee on ways the two groups could work
together in the future.
Comprehensive Plans & Programs Subcommittee (CPPS) — 07/10/06 Mtg.
Commissioner Light reported that the CPPS had a work session with the Board of Supervisors to
review the seven Comprehensive Policy Plan Amendment applications. He said the Board elected not to proceed
at this point, until they had time to study the requests and ask questions.
Development Impact Model (DIM) Oversight Committee (OC) — 07/24/06 Mtg.
Commissioner Thomas reported that the DIM -OC received information on the make-up of the
model, current figures within the model, and the status of the updating procedure. He said that work will be
continuing over the next several months.
Frederick County Planning Commission
Minutes of August 2, 2006
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CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda.
No one came forward to speak.
PUBLIC HEARING
Conditional Use Permit #03-06 of Rebecca and Edward Arnette for a landscaping contractor business
located at 819 Redbud Road (Rt. 661). This property is identified with P.I.N. 55-A-2 in the Stonewall
Magisterial District.
Action — Recommended Denial
Planning Technician, Kevin T. Henry, reported that the proposed landscaping contracting
business will take place on a two -acre tract of land in the RA (Rural Areas) Zoning District; the property contains
an abandoned dwelling and one shed, which will be used for storage. He said the applicant has indicated there
will be no more than eight employees and the site will contain no more than seven vehicles at any time; no sale of
nursery stock will be permitted, and the business will not be open to the public. Mr. Henry said that since the
proposed use is commercial in nature, staff would recommend a 50 -foot buffer along Redbud Road (Rt. 66 1) and
the adjoining residential lot. He said the buffer would be similar to a zoning district buffer with Category "B"
landscaping, which will require three trees per ten linear feet, and will aid in shielding distinctly different land
uses in this area. Mr. Henry said the staff is also recommending that the entire site be screened with a six-foot
tall, board -on -board fence to shield the storage of equipment associated with the business.
Mr. Henry continued, stating that the proposed business is adjacent to a DSA (Developmentally
Sensitive Area) as indicated in the 2003 Comprehensive Policy Plan of Frederick County. He said there were 1 I
parcels within a quarter of a mile radius of this property that are within the Redbud Agricultural and Forestal
District. Furthermore, special attention is warranted due to this commercial use taking place along a scenic byway
(Redbud Road). Mr. Henry said that higher standards of development should be taken into consideration within
these specified areas.
Mr. Henry further added that the conditional use permit (CUP) application was applied for in
response to a zoning violation and the landscaping business is currently being operated from this property
illegally. He explained that the zoning ordinance specifies that storage of heavy equipment is not a permitted use
in the RA Zoning District. In addition, he said there was a storage trailer on the property, which also violates the
provisions of the code. Mr. Henry next read a list of recommended conditions, should the Commission find the
use to be appropriate.
In conclusion, Mr. Henry said the staff does not support this CUP. He said the applicant has
been in violation of the Frederick County Zoning Ordinance since February, 2006; the CUP was applied for as a
means to resolve the zoning violation. Mr. Henry said that since February 24, there has been a consistent increase
in business activity on the property. He said approval of the CUP will not be consistent with the goals of the
Frederick County Comprehensive Policy Plan.
Commissioner Morris suggested that since the business is currently operating in violation, it may
be prudent to establish a time frame for the applicant to accomplish the conditions of the CUP. Mr. Henry replied
that a 60 -day time frame could be established with the approval of the CUP. A brief discussion next ensued on the
definition of heavy equipment. Mr. Henry commented that the County allows heavy equipment to be stored on a
Frederick County Planning Commission
Minutes of August 2, 2006
Page 1815
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bona fide farm with an agricultural component; he said this lot is not in agricultural use.
Chairman Wilmot inquired about the health system. Mr. Henry replied that the applicants will
need to apply for a pump and haul permit; the Health Department has indicated that this is the only type of health
system available at this location. Mr. Henry noted that the applicants will need to receive approval from the
County Administrator for the pump and haul operation.
The applicants, Mr. Edward Arnette and Mrs. Rebecca Arnette, residents of the Stonewall
District, came forward to address the Commission. Mrs. Amette said they met with the County Administrator
and he indicated he would approve the pump and haul system, but he wanted to wait until the CUP was further
along in a stage of approval. With regard to vehicle parking, Mrs. Arnette said that some of the employees
carpool and they are only on the property for a few minutes a day to park their personal vehicles and pick up a
truck. She said she and her husband are in the process of restoring the dwelling to make it habitable for lease.
She noted that the house does not have a septic system; the individual that lived in the house previously used an
outhouse. Mr. Amette explained that most of the business is done at the job sites; he said they simply need
someplace to park employee vehicles and pick up work vehicles. Mrs. Arnette said she was not aware of the
ordinance prohibiting the storage of heavy equipment; she thought if they applied for the CUP, the violations
would be negated. Mrs. Arnette wanted to point out that they had an appointment with the Zoning and
Subdivision Administrator and the Planning Technician in regards to the CUP process prior to any violation being
recorded.
Commission members had a number of questions for the Arnettes regarding their business. The
Arnettes responded that they did have a business license; they did not plan to have an office at this location; they
had five employees and four of the employees carpool; two personal vehicles are parked on the property; the
Arnettes owned four trucks, a Kaboda, a couple Bobcats, and trailers. Commissioners asked the applicants if they
understood and agree to carry out all of the 11 conditions read by the staff, the Arnettes said they were unsure
about the condition regarding the storage of heavy equipment. Commission members were concerned about
making a recommendation of approval on a CUP without an approved health system.
Commissioner Morris asked the Arnettes how long they thought it would take them to provide all
11 items listed in the conditions for approval, such as the landscaping, the board -on -board fence, parking, the site
plan, etc., and whether or not the 90 days would provide enough time. The Arnettes were not certain how long it
would take to accomplish the engineered site plan, however, they believed the other items mentioned could be
accomplished within a 90 -day time frame.
Chairman Wilmot next called for anyone in the audience who wished to speak either in favor or
opposition to this CUP request. The following persons came forward to speak:
Mr. Bernard Schwartzman, a resident at 1105 Redbud Road in the Stonewall Magisterial
District, said he was opposed to the proposed CUP because he did not believe it met the necessary criteria of the
Comprehensive Policy Plan, nor the Zoning Ordinance. Mr. Schwartzman said Section 165-15F of the Zoning
Ordinance states that "... a CUP shall conform to all applicable regulations of the district in which it is located."
However, he considered the applicant's business activities to be far from conforming. He said the applicants were
cited by the County after the neighbors complained about the operation of the business. Mr. Schwartzman
believed the applicants would fail to meet the requirements of their CUP. He noted that the applicants were cited
for a seed container in March, for example, and have still not removed it, even though a CUP will not allow it.
Mr. Schwartzman reported the applicants selling outdoor woodstoves in early summer and now the applicants are
hauling logs and producing fire wood for sale. He thought it was clear this was an expanding business and the
Amettes need to locate to commercially -zoned property.
Frederick County Planning Commission
Minutes of August 2, 2006
Page 1816
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Mr. David Gregg said that he and his wife, Kathy, live at 1203 Redbud Road in the Stonewall
Magisterial District. Mr. Gregg was opposed to the CUP application because he did not believe it met the
necessary criteria of the Comprehensive Policy Plan or the Zoning Ordinance. He said Section 165-15B of the
Zoning Ordinance states, "a conditional use shall be in harmony and not adversely affect surrounding properties."
Mr. Gregg said the surrounding properties are residences and farms and a commercial enterprise did not fit in
with the existing community. Mr. Gregg stated that the rural and historical nature of Redbud Road is a primary
reason the state designated Redbud Road as a scenic byway; one of the criteria for this designation is a lack of
development along the proposed byway. Mr. Gregg said the proposed CUP is not in harmony with a scenic
byway or with an Agricultural and Forestal District.
Ms. Susan Courneya said that she and her family reside at 1347 Redbud Road in the Stonewall
Magisterial District. Ms. Courneya said she was opposed to the proposed CUP application because it did not
meet the necessary criteria of the Comprehensive Policy Plan, nor the Zoning Ordinance. She said that Section
165-15D of the Zoning Ordinance states that a CUP should not adversely affect the natural character and
environment of the area. Ms. Courneya reported that the Amette's business began in February by clearing the
trees and stripping the top soil from the site; the applicants constructed a berm that concentrates their nmoffont.o
the adjoining residential lot; the applicants next filled the garden with shale and constructed a new driveway in a
dangerous blind location. Ms. Courneya said the applicants planted a number of trees along Redbud Road that
have since died; she guessed it was because they lacked a sufficient water supply. Consequently, she did not
believe the Amettes would be able to maintain the vegetative buffer the Planning Department has requested. Ms.
Courneya was not pleased with the Planning Staff's recommendation for the installation of a six-foot tall board -
on -board fence because it would be visually unappealing and detract from the scenic byway, the Agricultural and
Forestal District, and the residential area.
Mr. Gary Oates, a resident of Redbud Road in the Stonewall District, was also opposed to the
CUP application because he did not believe it met the necessary criteria of the Comprehensive Policy Plan or the
Zoning Ordinance. Mr. Oates said that Section 165-15A of the Zoning Ordinance states that a conditional use
shall not tend to change the character of the area; he said this use is not consistent with the fanning community
known as the Redbud Agricultural and Forestal District. Mr. Oates said this area consists of small residences and
medium -to -large farms. He said the neighborhood has gone to great lengths to create the Redbud Agricultural
and Forestal District in order to prevent subdivisions and businesses from moving into the area; he believed that
introducing commercial use would lead to the demise of the farming communities, thus changing the character of
the area. He added that a pattern of development for commercial use is not present and the community does not
want it.
Ms. Donna Werdebaugh, a resident at 188 Marquis Court in the Stonewall Magisterial District,
was opposed to the CUP application because she did not believe it met the necessary criteria of the
Comprehensive Policy Plan or the Zoning Ordinance. Ms. Werdebaugh said that Section 165-15E of the Zoning
Ordinance states that a CUP shall be approved if adequate facilities, road -safe access, and drainage are provided
She said that since this property is well outside the Sewer and Water Service Area (SWSA), adequate facilities are
not available and the only alternative is a pump and haul system. Ms. Werdebaugh stated that the roads were too
narrow and not adequate for commercial traffic; she mentioned that the speed limit along Redbud Road was
recently reduced to 40 mph and farm tractors, the occasional draft horse pulling a buggy, school buses, and family
automobiles do not need the commercial traffic this site will generate. She added that the access for the site is
located in a blind "S" curve; therefore, nothing less than a state -approved, commercial entrance would be
acceptable for safety reasons. ivis. Werdebaugh also had concerns about drainage u orn. the site. Ms. "ATer debaugh
added that she sold this property to the applicants and she apologized for all the discontent it has caused.
Ms. Connie Oates, a resident at 1071 Redbud Road in the Stonewall Magisterial District, said
she was opposed to the CUP application because she did not believe it met the necessary criteria of the
Comprehensive Policy Plan, nor the Zoning Ordinance. Ms. Oates said Section 165-15C of the Zoning
Frederick County Planning Commission
Minutes of August 2, 2006
Page 1817
sm
Ordinance states that a CUP shall be in accordance with the policies expressed in the Comprehensive Policy Plan.
She said the Eastern Land Use Plan of the Comprehensive Policy Plan designates the Redbud Road area to remain
rural; she said businesses, such as this one, would best be served in the SWSA, not in this rural community. Ms.
Oates said that since the business has moved in illegally, the community has watched it expand with seed
containers, tractor trailers, mulch delivery, increased trucks, trailers, and equipment. She believed the applicants
would soon outgrow this site and recommended they move to a commercial district now. Ms. Oates said the
neighborhood has tolerated this operation and has been patient for many months while this County has pursued
the applicants for illegal activity. She said the neighbors have complained to the Planning Commission since
February and would like to see the business removed from the community. Ms. Oates stated that the
Comprehensive Policy Plan clearly shows the UDA (Urban Development Area) and the SWSA lines avoiding this
area in order to maintain its rural character.
Ms. Trudy Dixon, a resident of Redbud Road in the Stonewall Magisterial District, was also
opposed to the CUP application. Ms. Dixon said that since February, the use of the property has been
commercial; she said the application did not comply with any of the criteria of the Zoning Ordinance. She
described the property as an eyesore containing fill dirt, gravel, and woodchip piles; dead trees on an overgrown
berm; piled -up logs; and a condemned house. Ms. Dixon said the community has worked hard to create an
agricultural district to preserve the rural nature of the community and now, the applicants want to create a
commercial property in the area. Ms. Dixon believed this type of business belonged on land zoned for such and
not in a rural area. If the application is approved, she asked the Commission to place a restriction on the
proposed barn; she said a reasonable height would be 18 feet, rather than the permitted 35 feet. In addition, until
the existing house is renovated to a habitable condition, she recommended that any barn be considered the
primary building for setback purposes.
Mr. Wayne Seipel, stated that he and his wife, Penny, were residents at 271 Morgan Mill Road,
which intersects with Redbud Road and they lived about P/Z miles away from this site. Mr. Seipel said he and his
wife have lived on their farm for 34 years and in 1972, when they moved to this area, the house on the Arnette's
property was vacant. He believed the access to the house was dangerous because it was located on a curve and he
did not think this was a good location for a nursery. He said the commercial business did not fit in with an
Agricultural and Forestal District, the scenic byway, and the residential use. He was concerned that approval
would set a precedent for future commercial rezoning. He also questioned the viability of the business without
proper utilities.
Ms. Nancy Hulver, a resident at 1023 Redbud Road, described two close calls she had on
Redbud Road involving a truck and a tractor -trailer. She thought it would be a safety hazard on Redbud Road
with trucks going in and out of this business.
There being no one else wishing to speak, Chairman Wilmot closed the public comment portion
of the hearing.
Mr. and Mrs. Edward Arnette returned to the podium to address some of the comments made.
The Arnettes said they met several times with the people they purchased the property from and discussed their
intent for the property; they believed that Mr. Miller lived in the house until the mid-to-late 80's; they noted that
VDOT had been to the property and granted approval for their entrance; it was not the Arnette's intent to use the
property as a nursery and no wood was for sale; they had not observed any run-off from the site; and they
commented that the property was overgrown with brush and poison and they simply cleaned it up. The Arnettes
saiu uiGy spoke with ;heir i=„�rediate neighbors and no issues were raised by those neighbors; the Amettes said
this was the first they heard about so much opposition.
Frederick County Planning Commission
Minutes of August 2, 2006
rage iaio
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Commission members asked the applicants if they stored or sold mulch on the property. Mr.
Arnette replied that the mulch and wood stored on the property was for his own personal use and they do not sell
anything from this site. He explained that the workers meet at the site in the morning, get into the work trucks,
and leave for the job site.
Commissioner Thomas again asked the applicants if they understood all of the conditions
recommended by the staff. Commissioner Thomas did not see how the applicant could operate the business at
this location due to the conditions regarding the storage of trailers and heavy equipment. Again, there was some
discussion on the definition of heavy equipment. Mr. Arnette said that he used 30 -horse power tractors; he said it
was his understanding that they would be allowed to store their equipment on the property, as long as it was
inside a building and they abided by the numbers. Planning Director Eric R Lawrence stated that a 30 -HP
tractor, a bobcat, or a front-end loader would be acceptable. Mr. Lawrence said that when staff is referring to
heavy equipment, they are talking about full-sized bull dozers, back hoes, or other large-scale equipment.
Commissioner Light raised the issue of the requirement for an engineered site plan and entrance.
He commented that if the applicant was going to have nursery stock or mulch delivered to the property, it would
have to be delivered in tractor trailers; he said this would require a site -engineered commercial entrance.
Commissioner Light also noted that a Category `B" buffer can be very expensive to install.
Mr. Arnette explained that 95% of his business is erosion control; he said they do a lot of
construction clean-up. Responding to the concern about delivery of materials, he said any nursery stock they need
is delivered directly to the job site.
Commissioner Light believed the applicants had good intentions, but maybe did not get the
guidance they needed when they first purchased this property. Commissioner Light was concerned about the
amount of opposition from the community. He was also concerned about the absence of an approved health
system. Because of the lack of support from the community and the absence of an approved health system,
Commissioner Light moved for denial of the CUP application. This motion was seconded by Commissioner
Triplett and unanimously passed:
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
denial of Conditional Use Permit 403-06 of Rebecca and Edward Arnette for a landscaping contractor business
located at 819 Redbud Road (Rt. 661) in the Stonewall Magisterial District.
(Note: Commissioners Mohn, Oates, and Ours were absent from the meeting.)
PUBLIC MEETING
Master Development Plan #07-06 of Orrick Commons, submitted by Patton Harris Rust & Associates, to
develop 55.67 acres with a mixed use commercial/ residential development at the northeast quadrant of
the intersection of Senseny and Greenwood Roads, with frontage on both roadways. The property is
further identified with P.I.N. 55-A-201 in the Redbud Magisterial District.
Action — Recommended Approval
Planner Candice Perkins reported that the master development plan (MDP) for Orrick Commons
is a proposal to construct a mixed-use development; the site was rezoned in June of 2006 and consists of 22.06
acres of B2 (Business General) and 33.61 acres of RP (Residential Performance) zoned property. Ms. Perkins
Frederick County Planning Commission
Minutes of August 2, 2006
Page 1819
said access to the site will be via one entrance on Senseny Road and one entrance onto Greenwood Road; included
will be the extension of Farmington Boulevard through the site from the Steeplechase subdivision into the
Lynnehaven subdivision.
Ms. Perkins added that the commercial portion of the site will accommodate a maximum of
158,000 square feet of floor area and the residential portion will accommodate 175 proffered age -restricted
residential units. Ms. Perkins next proceeded to point out some of the more significant proffers, such as the 8,000
square -foot tree -save area, the provision of a traffic signal at the entrance on Senseny Road, and the construction
of a site access on Senseny Road utilizing a boulevard design. Ms. Perkins said a 3.5 -acre park, which could
possibly be dedicated to the County for public use was proffered, along with a ten -foot asphalt pedestrian bike
trail along Senseny and Greenwood Roads.
Ms. Perkins further added that the applicant is requesting a waiver of Section 144-24C of the
Frederick County Subdivision Ordinance to allow subdivided commercial lots to be served by private streets
because all of the roads in the commercial area were private. Therefore, two actions were required by the Planning
Commission.
Mr. Patrick Sowers of Patton, Harris, Rust & Associates, Inc. was representing the Orrick
Commons MDP and the owners, Orrick Cemetery, Inc. Referring to the requested waiver, Mr. Sowers explained
that public street frontage is required for a commercial lot. He said the development scheme has three lots, so the
waiver would allow those three lots on the internal, private street network.
Commissioner Thomas inquired who would retain ownership of the streets and maintain them.
Mr. Sowers said maintenance of the streets would be the responsibility of the commercial property owners
association and the residential portion would have public roads.
Mr. David Hamer with Paramount Development said that Orrick Cemetery, hic. owns the entire
21 -acre commercial tract and they will ground lease the 8.52 acres for the Food Lion. He noted that assigned
easements, covenants, and agreements have been established and Orrick Cemetery, Inc., as the owners,
developers, and operators of the shopping center, will maintain those roads and all of the individual commercial
users will have to pay their individual pro -rata share of maintenance, snow removal, lighting, and landscaping.
Mr. Harper explained that each individual user is responsible for the roads on their particular parcel; however, the
owner would be responsible for the main access, the boulevard access, the access roads, and the Food Lion
parking lot.
Commissioner Unger inquired if the road will continue to be maintained and snow removed, if
the Food Lion moved out in ten years. Mr. Harper replied yes, because they will have obligations to the remaining
25 tenants.
Chairman Wilmot opened the public comment portion of the public meeting. No one came
forward to speak and Chairman Wilmot closed the public comment portion of this meeting.
Upon motion made by Commissioner Kerr and seconded by Commissioner Kriz, the Planning
Commission unanimously recommended approval of a waiver of Section 144-24C of the Frederick County
Subdivision Ordinance to allow subdivided commercial lots to be served by private roads.
Upon motion made by Commissioner Light and seconded by Commissioner Kerr, the Planning
Commission unanimously voted to recommend approval of MDP #07-06 of Orrick Commons.
Frederick County Planning Commission Page 1820
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Minutes of August 2, 2006 D ry 1 V V
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BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend
approval of the waiver, requested by Orrick Cemetery, Inc. for Orrick Commons, of Section 144-24C of the
Frederick County Subdivision Ordinance to allow subdivided commercial lots to be served by private roads and
does also hereby unanimously recommend approval of Master Development Plan #07-06 of Orrick Commons to
develop 55.67 acres as a mixed-use, commercial and residential development located at the northeast quadrant of
the intersection of Senseny and Greenwood Roads.
(Commissioners Mohn, Oates, and Ours were absent from the meeting.)
COMMISSION DISCUSSION
PLANNING COMMISSION BYLAWS
Planning Director Eric R Lawrence said the Bylaws Committee ofthe Planning Commission has
made some recommendations to amend the Bylaws and also established a Roles and Responsibilities document
which documents administrative exercises the Commission may operate under. Mr. Lawrence proceeded to
review the components of each of the documents with the Commission.
Commissioners had questions about the staff application briefmg under the Roles and
Responsibilities document; they asked when staff anticipated those meetings to be held. Mr. Lawrence stated that
the briefing could occur at a meeting when there is a light agenda. The Commission expressed concern about
having a dialogue on an application during a formal meeting. Mr. Lawrence suggested the Commission may want
to adjourn their meeting first and then have the briefing afterwards; Commissioners believed they would be more
comfortable with that arrangement.
Some Commissioners expressed some concern about the Ex -Parte Communications section
under the Roles and Responsibilities document; if a Commissioner is invited to review an applicant's proposal
from the applicant's perspective, which is entirely verbal for example, how will the Commissioner share that
information with the remaining members. The Commission expressed concern about what they could or could not
do and what the consequences of not sharing were. It was noted that the intent of the section was to make sure all
of the Commission members have the same information. A suggestion was made to change the word "will" to
"may" in the last sentence under the Ex -Parte section. This sentence would state, "To not do so may result in the
application being tabled at the Planning Commission public hearing." All the Commission members agreed with
this change.
Under Section 8-3-3 of the Planning Commission Bylaws, a Commission member pointed out
that the statement does not recognize the fact there were two representatives from each magisterial district on the
Commission. It was suggested that the second sentence of that section should be rewritten to state, "If both
district representatives are absent or decline to make the initial motion, then any other Commissioner may act."
All the Commission members agreed with this change.
Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve the
07/14/06 version of the Planning Commission Bylaws with the amendment to Section 8-3-3 agreed upon by the
Planning Commission as follows:
Frederick County Planning Commission® Page 1821
Minutes of August 2, 2006 +J�na�llj A F 7
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8-3-3 The initial motion on an agenda item shall be made by a member representing the application's
magisterial district. If both district representatives are absent or decline to make the initial motion, then
any other Commissioner may act.
BE IT FURTHER RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously
approve the 07/14/06 version of the Planning Commission Roles and Responsibilities with the amendment agreed
upon by the Planning Commission as follows:
Ex -Parte Communications: Any new written materials provided by the applicant to any one Commissioner shall
be made available to all Commissioners and staff by the applicant prior to the application appearing on the
agenda. To not do so may result in the application being tabled at the Planning Commission public hearing.
(Note: Commissioners Mohn, Oates, and Ours were absent from the meeting.)
ADJOURNMF,NT
There being no further business to discuss, the meeting adjourned by a unanimous vote at 8:30
p.m.
Respectfully submitted,
June M. Wilmot, Chairman
Eric R. Lawrence, Secretary
Frederick County Planning Commission
Minutes of August 2, 2006
Yage 1 tsLL
CO��a CONDITIONAL USE PERMIT #06-06
w,
HORTON INVESTMENT LLC
Staff Report for the Planning Commission
»3 Prepared: August 11, 2006
Staff Contact: Kevin T. Henry, Planning Technician
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
request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/06/06 Pending
Board of Supervisors: 09/27/06 Pending
LOCATION: This subject property is located at 2731 Front Royal Pike (Route 522).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76-A-62
PROPERTY ZONING & PRESENT USE:
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
PROPOSED USE: Retail Nursery
REVIEW EVALUATIONS:
Zoned: RA (Rural Areas)
Land Use: Vacant
Land Use: Residential
Land Use: Residential
I arfd Use: Residential
Land Use: Vacant
Virginia Dent. of Transportation: The application for a Conditional Use Permit for this property
appears to have little measurable impact on Route 522, the VDOT facility which would provide
access to the property. This site's direct access to Route 522 will be an entrance for inbound
traffic only. Outbound traffic will be reauired to access Route 522 via Route 760. Prior to
operation of the business, a commercial entrance must be constructed to our standards to allow for
safe egress and ingress of the property. Any work performed on the State's right-of-way must be
CUP 406-06, Horton Investment LLC
August 11, 2006
Page 2
covered under a land use permit. The permit is issued by this office and requires an inspection fee
and surety bond coverage.
Fire Marshal: Plans approved as submitted. Plan approval recommended.
Inspections Department: No comment or permit required provided structures meet the exemptions
in Section 102.3 (2) and the definition of farm buildings and structure under the Virginia Uniform
Statewide Building Code.
Winchester-Frederick County Health Department: Health Department has no objections so long
as sewage disposal permit is applied for and received.
Planning & Zoning: This proposed Conditional Use Permit (CUP) is for a Retail Nursery. This
proposed use will take place on a 5.57 acre tract of land located in the RA (Rural Areas) Zoning
District. The Frederick County Zoning Ordinance allows for retailing of nursery stock in the RA
Zoning District with an approved CUP.
This proposed use will have 20,000 square feet of showroom, and attached to the rear of the
showroom will be 40,000 square feet of greenhouse. The nursery stock will be placed behind this
structure, extending to the rear of the property. The front yard area will contain 50 parking spaces
and entrance/exit to the property. VDOT has indicated that the driveway along Front Royal Pike
(Route 522) is strictly limited to an entrance and outbound traffic will be required to access Route
522 through Fries Loop Rd. (Route 760).
Prior to operation of this retail greenhouse, an approved engineered site plan will be required. This
site plan will address all of the requirements of the Frederick County Zoning Ordinance. This site
plan will address the driveways and parking requirements. All heavy equipment will be stored
within the greenhouse. Staff would recommend that signage be limited to one (1) non-illuminating
freestanding business sign no higher than ten (10) feet. This freestanding business sign shall be a
maximum of twenty-five (25) square feet. This requirement is in keeping with the rural nature of
this area and preventing a typical commercial strip along Front Royal Pike (Route 522).
The 2003 Frederick County Comprehensive Policy Plan identifies this property within the Southern
Frederick Land Use Plan. The 2003 Comprehensive Policy Plan states that commercial uses should
be concentrated around interstate, arterial, and major collector interchanges and intersections (p. 6-
42.2). Front Royal Pike (Route 522) is identified in the Frederick County Comprehensive Polk
Plan as a minor arterial road. This proposed business will be taking place just north of the Tasker
Road intersection, which is identified as a major collector. It appears that this business meets the
intent of the goals of the Southern Frederick Land Use Plan within the Frederick County
Comprehensive Policy Plan.
CUP #06-06, Horton Investment LLC
August 11, 2006
Page 3
STAFF CONCLUSIONS FOR THE 09/06/06 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the following
conditions:
All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to, and approved by, Frederick County prior to
business activities.
3. One (1) non -illuminated freestanding business sign shall be allowed on the property; sign
shall be limited to twenty-five (2 5) square feet in area. The sign shall not exceed ten (10)
feet in height.
4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance
and the driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing
Front Royal Pike (Route 522).
Four (4) employees would be the maximum allowance for this Conditional Use Permit.
6. Any expansion or change of use will require a new Conditional Use Permit.
Following the requisite public Bearing, it would be appropriate for the Planning Commission to
offer a recommendation concerning this application to the Board of Supervisors.
LEE, HUI SUN
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D 76 A 498
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76 A 49C
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,�` Application
Urban Development Area
SV/SA
CU Fl# Oft 3 06,
Horton Investment, LLC
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(7E3--62)
0 4.012-A- 0.05
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I. Applicant
NAME: 1r,
ADDRESS: l
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTYr VIRGINIA
(The applicant if the
owner
14 q/6 6
a!o
other)
TELEPHONE--'-)
- W _e' l- O-5 ` 0t
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please give exact directions and
include the route number of vour road or street)
4. The property has a road frontage of I feet and a
depth of feet and consists of.56 (d acres,.
(Please be exact)
t
5. The property is owned by 4IRLMS liwesImemiLie as
evidenced by deed from a recorded
(previous owner)
in deed book no. R. � on page 92 as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. Tax (Parcel) Identific� ( I . D.) No. '%(P - A
Magisterial Districtatie It ON
'Current Zoning
7. Adjoining Property:
USE ZONING
North S
.10 East -- q
South
West
8. The type of use proposed is (consult with the Planning Dept.
before completing)
fVi
9. It -is proposed that,the following=buildings will be
10. The 'following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in front of (across street from) the property where the
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application:
NAME1.I
91
PROPERTY ID# -A-6,1
NAME Rly#em 1 , c kay-
D- t3
PROPERTY ID# 6 -/?
ADDRESS e97SI r / Pj"kf
ADDRESS j br,
VA t�Z:)
NAME / L#/n,9)q
ADDRESS
PROPERTY IDI
p -B' 3&1,
LAJI �L S-)�c- VA D�6JD_
NAME
S�' Y � `_'� r � C�k. � i �JC�. UII&DRESS
-
PROPERTY IDI
5671 P
Z -M %�`"A
�Dla
NAME !41Al
� ADDRESS
, �' e 5 L�I� PG�-�
PROPERTY IDf
%ii'/ '76 %9 - /OVC-
NA_ ME GR14" 7 ^
7C- New J f2 • ADDRESS
117AR) e S !_VO J�C
/
7
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_ PROPERTY IDI
/ iCg
ADDRESS
PROPERTX , . "
? / n
NAME
PROPERTY ID#
ADDRESS
11. Please use this page for your sketch of the property. Show
proposed and/or existing structures on the property, including
measurements to all property lines.
Zrj
12. Additional comments, if any:
A
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven ( 7 ) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors, public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your piope,ty where the proposed
7use will be conducted.
Signature of Applicant, ��� V14,
Signature of Owner
Owners' Mailing Addressp� J J
Owners' Telephone No.
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
FP.0M FAX N0. J, 26 2"05 05:3EPM Pi
@'/2612M; PAGE 433
0 200' 400'
[ccyyv 12. 3CCle in feet
CL % Wrf11
f l7 e. +F83 P. 24
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rn
existing 5G• .�.r� ,�}1 17.48
(no:
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Ritter
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TM 76 -A -90A
Boundary Survey of the Land cf
' -W-GGw'`YL - Ec
1 V,-.
1r.--trument 0300048x9 W.D. M. Pago 26Y Tax MOP 78-11-61
` 139quon M09111tmlol MsWe- f7edwlck County. Wilinfo
Nctes:
(1) No title r"-ri ium'ished, eaearnents not shown may txlaL
(2) This trace is not in the 1W your flood Plain dsstgnntod by HUD, akoWishod from f11nt
Cl MMWKY Panal Ito. 610x63 0200 b. effsotivs .illy 17. 197&
(3) Ynstem boundary of thle P�Wmrty was ratablishod {Tow• tho rallonktV
Project 0522 034-vi0
Project 0',122-034-Yta
projrct 377-pt_y7
Survey no. 1317
Dunn Land Surveys. Inc.
101 East Main Street
8&Tyvilfe. Urginlcf 22611
Tel: 540-955-338.
uuly 25, 2005
GIS DEPARTMENT
FREDERICK COUNTY, VA 0 190 380 760 Feetw 1i e
COMMISSIONER OF THE REVENUE
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CONDITIONAL USE PERMIT #07-06
w JAE CHA
w Staff Report for the Planning Commission
"a Prepared: August 21, 2006
Staff Contact: Bernard S. Suchicital, Planner I
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
request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/06/06 Pending
Board of Supervisors: 09/27/06 Pending
LOCATION: This subject property is located at 2960 Millwood Pike (Route 50).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 77-A-13
PROPERTY ZONING & PRESENT` USE:
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
PROPOSED USE: Country General Store
REVIEW EVALUATIONS:
Zoned: RA (Rural Areas)
Land Use: Country Store
Land Use:
Residential
Land Use:
Residential
Land Use:
Residential/Outdoor Rec.
Land Use:
Residential
Virginia Dent. of Transportation: The application for a Conditional Use Permit for this property
appears to have little measurable impact on Route 50, the VDOT facility which would provide access
to the property. Prior to operation of the business, a commercial entrance must be constructed to our
standards to allow for safe egress and ingress of the property. Any work performed on the State's
right-of-way must be covered under a land use permit. The permit is issued by this office and
requires an inspection fee and surety bond coverage.
CUP #07-06, Jae Cha
August 21, 2006
Page 2
Fire Marshal: When a municipal water system becomes available, fire hydrants must be installed.
Plan approval recommended.
Inspections Department: Building shall comply with The Virginia Uniform Statewide Building
Code and Section 309, Use Group M (Mercantile), of the International Building Code/2003. Other
codes that apply are ICC/ANSI A117.1-2303 Accessible and Usable Buildings and Facilities. Note:
The removal of the existing structure shall require a demolition permit with an asbestos inspection
report prior to the removal. Additional comments will be made at the time of site plan submittal.
Winchester -Frederick County Health Department: Health Department has no objection based on
preliminary approval for new pump and haul system. System must be installed and approved before
operations begin. (Staff note: the Health Department has determined that the only accepting private
health system for this site would be a pump & haul system)
Winchester Relzional Airport: Since the Conditional Use Permit does not appear to have any
impact on the operations of the Winchester Regional Airport, we have no objections or special
conditions that will be requested.
PlanninIz & Zoning: The applicant is proposing a Conditional Use Permit for a country general
store that will be conducted in a new 10,500 square foot building that will also include a coffee and
pastry counter. CUP # 10-03, that was approved by the Board of Supervisors on January 29, 2004, for
a similar venture, will become null and void upon issuance of this revised CUP #07-06.
The subject property is not in an area where a small area land use study has been adopted by the
County. Nevertheless, the proposed country general store is consistent with the goals of the
Frederick County Comprehensive Policy Plan. Specifically, land use goals for the rural areas of the
county identify the importance of maintaining a rural character in areas outside of the Urban
Development Area (UDA). Based on the limited scale of the applicant's proposed general store, it
appears it would not have negative impacts on adjoining properties or detract from the rural character
of the area.
A Country General Store is a permitted use in the Rural Areas (RA) Zoning District with an
approved Conditional Use Permit. No on-site vehicle fuel sales and outdoor display areas will be
permitted on the premise. There shall be no more than one (1) entrance for the site. The applicant
proposes to remove the existing well and replace with a larger one, and install a pump -and -haul
system :with Health Department approval. New signage will be limited to one (1) freestanding
monument sign; not to exceed fifty (50) square feet in area, and ten (ten) feet in height along the
front of Millwood Pike (Route 50). An engineered site plan shall be submitted to, and approved by
Frederick County, and site improved accordingly, prior to country store activities. Any expansion or
change of use will require a new Conditional Use Permit. The site will comply will all agency CUP
407-06, Jae Cha
August 21, 2006
Page 3
review comments at all times. The site plan shall be in conformance with all requirements of the
Frederick County Zoning Ordinance.
STAFF CONCLUSIONS FOR THE 09/06/06 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the following
conditions:
All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to, and approved by Frederick County, and
site improved accordingly, prior to operating store activities on site.
3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty
(50) square feet in area. The sign shall not exceed ten (10) feet in height.
4. No on-site vehicle fuel sales allowed.
5. No outdoor display of goods.
6. There shall be no more than one (1) vehicular entrance for the site.
7. Any expansion or change of use will require a new Conditional Use Permit.
8. Approval of CUP #07-06 will null and void the existing CUP # 10-03.
Following the requisite public hearing, it would be appropriate for the Planning Commission to
offer a recommendation concerning this application to the Board of Supervisors.
Bt(Rusiness, Neighborhaoe pis4ld)
=MHt(Meblla H—Go—fYDlstriup
B2 (Business. .—.1 Districq
ME (Med- Support Di—)
03 (Besir�ss, Industrial—Aian Disti )
R4 IResideNtldl, Plaangd Co ,hy Distsid)
EM (Ev.— Menuta ."A D,s—)
RS (Residential Re cre0-1 Community pistritl)
�HE(High., Ed ura— CmHb )
"(R—[l .s D,Wi)
M1 (Industdsl. Light Dd)
RH (Residential Podormance Dis41d)
M2 IlMudrial, General DiANd)
0 250 500 1,000
F.0
B2 (Business, General District)
B3 (Business, Iad—1 T—ili- District)
— EM (6d '- MaaufaQanng Di—
HE (HigherEtlu(atian Distne)
Mi (IMustrial, Ui M DistnR)
M20naaaslnai, Geaersl Dis *
MH1 (Mobile Home Community Distne
�- MS (Medvl Supaert DW .)
Rd (ResiderN Raaaea Cmmaunity DI—)
- R5 (Residenfiel Reueaaonal Community Dl -0
RA(RuralAreas DisteiG)
0 250 500 1,000
Feet
Ju 24 C6 04212p Yung fir)
7j--437-6'74 P. t
AUG 1 1 2006
Submittal Deadline/ Al
P/C Meeting
} $OS N.eeting
APPLICATION FOR CONDITIONAL USE PERMIT
PREDERICF COUNTY, VIRGINIA
1. Applicant (The applicant if the owner � other)
NAME: _ TA C�� -
ADDRESS: �p?7�- Tf� 712 ir✓/4 kl�J�-
TELEPHONE Za 7- -Z/S- - a )
2. Please list all owners, occupants, or parties in interest of
the property:
■
J. The property is located at: (please give exact directions and
include the route number of your road or street)
4. The property has a road frontage of
do _ feat and a
depth of -I..
P -If
and consists a acres.
0"Lease be exact) --
5. The property is owned by lot C � � 1 �/ j�/■ as
evidenced by decd from �� —�'_ • -�V�-
!- - recorded
104f A (previous owner)
in deed book no. p� yJ cn pageas recorded in the
records of the Clerk of the Cir— rcu t Court, County of
Frederick.
6. Tax(Par-cel)ldentification (I.D.)No
Magisterial District
Current Zoning
-]7-A-1-?
7. Adjoining Property:
North
SSE ZDNING
_ f�� s,
East
South
West
Jul 24 06 04.22p Yung Kim
?-1,-437-6174 p 2
a. The type of use proposed is (consult with the Planning Dept.
before completing)
�D JIA� l,.e}•LT,P 1✓l7N _ f v 1 E�
LOFT / PAr7TM"
4. It is proposed that the following buildings will be
constructed:
1.0. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in front of (across street from) the property where the
requested use will be conducted. (continue on back if
necessary.) These people will be notified by mail cit this
application:
NAME 1,/A AWDDRESS PO. 43Ak 2g„ ' --
PROPERTY D,�_ -77-A ' ��. _ WJA1 cJ"l�f % �� VA- ZZ �p
NAME e
'. j.Qj6 _ ADDRESS JLJ.1.✓OdQ 1�1 ��
PROPERTY IDJ__77-4-7d �+%I/+%C#��5��� VA 0?-41�0Z
NAME'������+�(� ADDRESS fY�j�� y,�pprj
PROPERTY T.D# -77--A —�Jfn%CJ{fS��iQ� VA 2Z -60Z
NAME N #j, q�1P ADDRESS P90 ,jT lygpJ�G'"�
PROPERTY ID#_ (CNlJ�Gii1iQ� VA0zG►
Nxm pj"(;" __L__
PROPERTY ID#_ '77-A-15-
NAME
77-A-15-NAME Ulfg
PROPERTY IDS 777 —4^"%4
ADDRESS J'?JS Ajepooc�a".-_
2a 66
ADDRESS
WAAIa/fe.TOs ✓A Z�o2
? NAME J✓%i t/If� 1'I�t M AEA ADDRESS 19/9 Ale 49&-T &,+,b
PROPERTY IDO : --7—h Z*B W�.�rCl�{ sT � ✓A zzd�o 2
LJ NAME /i'2 MAX ADDRESS %4?J?/ _,4/Jf4%e7- AP
PROPERTY I D of 77-5-- 7 4 V# ZOirD Z
-Li 24 C6 04 22p vunr, fire Tj,� -43 7-6174 P3
NAMEf}�;MLe-r
ADDRESS
30j' SD &Cl _)AI_
PROPERTY ID# 7? --,5—
�G _ _
WII►!G'fH�T.< �/A ,-zd0 p -
%O NAME 1+1�LSdni . l�rP,ET%f
ADDRESS
_Z 7 q p tj & ILLr
PROPERTY ID]1R7
9&w);64 tiILC�W/Vt+i/�T,
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NA14E
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY i DAF
NAME
ADDRESS
PROPERTY ID#
NAME _-
ADDRESS
PROPERTY ID,
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
.,ui 24 06 04:22p Yung Kim
73:, -+37-6'74 p.5
11. Please use this page for your Sketch of the property. Show
Proposed and/or exist'_rq structures on the property, including
measurements to all property lJ,iese
��c-
LA -7 � T -;,,, s
v
`7
1�
,,
■
i
FA _
I \\
I, INE PROPERTY SHOWN I IS IDENODED AS TAI( MAPS 71-A-13
2, INE PROPERTY IS CURNI. NY ZONED RA
,, NO TITLE REPORT NRNISNED
1 BOUNDARY R PER BOUNDARY SURN:T BY PAINTER -LEMS. P.LG
DATED OCTOBER l- 200E
5 TOPOGRAPMC NFOR4AAON SHOWN NEREON 6 THE RESULT OF RRO
SURVEY BT MORAN SURVEY.
a ALL CONSTRUODON -CONFORM TO ONE APPLICABLE
STANDARDS AND SPECIFiCADONS OF "0T AND R""' F`_Y`
T TO TNE MR KNOiAlOGE WRE ME NO MAWS. NLRAL
GROUNDS REST
OR NSTORICAE STIES LOCATED ON THE SUB CT ROP RTY.
B THE APPROVAL OF (NESE PLANS N NO WAY RELIMS NE DEVELOPER
Ofl M5 AGENT of ANY LEGAL RESPONSBUOES MACH MAY BE
REWIRED BY THE CODE a Y. -IA 011 INV ORDINANCE EM
ACTED BY
REDRICK COUNTY,
2, ALL EPSRHG STRUCTURES INKY ARE TO BE REMON31 SHALL REOURE
A DE.._ PRNIT.
TABULATIONS:
1.38 ACRES
. - - PRWOSE USE CWMIRY GRRA1 STORE
- - , PROPOSE GROSS 80011 AREA - KD00 Si
PROPOSE PARIONG 60 SPACES MM 3 NC. WACES
SETM
FRED.. EO FROM SIMS ROID
REAR 50
REM: NN
t
t E
i
I rll
�PflOP. i�D L EPHCIA�VKB i i� 1111 i I I I I s i 4111
1--�_i>!�f 1 f �ilNlii �'I III �III.i
.WAITS OF DI N BA(ICE \ i II till i 1 111•
•ems ,Y I �, �-" 4ETrYOB�nEOVED I 1 } I \ii l 1111iti \ VI
\ eo y .8808.ONE STORY( 14 000 SF BUILDWG \,
_ rh-E II II ill i `II 1 I .' I
ERO LL 4€ABA;mori Y - T ( T II •,i. i'll l IIS\I' - it 1111
fSMPatio
DNEAMiSHEDTOBE flEMWEO 1 i
i c TANk
JI
IF
SEN. STAND iOBER ME O _ OP EOOEO VEMENT I a
„_ __ 1 _�� `'• _ 1 - PARD. DECELLATION LASE. — - -t- —
BEFORE DIGGING CALL 'MISS UTILITY'
OF VIRGINIA AT I -80D -552- IODI
a
c TN
YUNG NMULL
o2eo63
9a�'sroNAL `
iu
Q
v
Q.
N
FREDERICK COUNTY, VIRGItiIA
1
t
t,
t 1, 1J
11
51
Frederick County Dept. of GIS
Parcel Mapping Service
m
5
1
For qupstlons please contact the Frederick County 0
GIS at 540-88. 5814
..0 24 06 04:23p Yung Kim 7;,,-437-6' 74 p.G
12. Additional Ccmmer.ts, if any:
z (w(1} , the tr:1dersigncci, do hereby respectfu,ly, make ippl i.catir�n
and netitiaa the govern i rcr3 t;r,c]y cit 3 reeler i c P County, Virginia to
allow the use iCseri k:C'!j appl ic.�3tic)n- I understand that the
sign issue3 to ac when this applicat_ is -n ti tri tted rrLst be Placed
at the front property :.ine at least 5evo� , Fj clay prior to the
first pub2i.c bearing ar,d rraint;�I .c-, ,v as to be visible until after
the Board of Supervizor::' nub, is hcaring. Your appticdtion tc:r a
Conditic:nal Use Permit authorizes any neml_er- cif the Frederick
County Fla:�nir►g Ccorur..i.�sic�n, Board c�; t.
Develaprnent Depart.-,nF.n, tc� ir.s _ Prr-✓isor ; ar Plann.;.ng and
p_ct v ��- pr,)perty where the proposed
use will be rorrrluc-tcd.
Signature of Applicant
Signature ; f of nc-r
Dwners' Mailing Address
Owners' Telephone No.
TO BE COMPLETED BY ZONING AD
USE CODE:
RENEWAL DATE:
REZONING APPLICATION #09-06
TASKER WOODS
Staff Report for the Planning Commission
Prepared: August 21, 2006
Staff Contact: Susan K. Eddy, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Planning Commission:
Board of Supervisors:
Reviewed
August 16, 2006
September 6, 2006
September 27, 2006
Action
Postponed by applicant
Pending
Pending
PROPOSAL: To rezone 60.281 acres from RA (Rural Areas) District to RP (Residential
Performance) District and 18.897 acres from RA District to B2 (General Business) District, totaling
79.178 acres, with proffers.
LOCATION: The properties are located north of Tasker Road (Route 642) east and south of
Macedonia Church Road (Route 756) and west of Front Royal Pike (Route 522).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 76 -A -48A and 76-A-49
PROPERTY ZONING: RA (Rural Areas) District.
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
B2 (Business General)
M1 (Light Industrial)
East: RA (Rural Areas)
West: RA (Rural Areas)
Use:
Residential, church & cemetery
Use:
Residential
Vacant
Industrial & vacant
Use:
Residential
Use:
Residential
Rezoning #09-06 — Tasker Woods
August 21, 2006
Page 2
PROPOSED USES: Mixed use - commercial and residential
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Routes 522, 642 and 756. These routes are the VDOT
roadways which have been considered as the access to the property referenced. VDOT is satisfied that
the transportation proffers offered in the Tasker Woods rezoning application dated March 15, 2006 and
revised on June 12, 2006 and July 5, 2006 addresses transportation concerns associated with this
request. Before development, this office will require a complete set of construction plans detailing
entrance designs, drainage features, and traffic flow data from the I.T.E. Trip General Manual, Sixth
Edition for review. VDOT reserves the right to comment on all 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.
Fire Marshal: Plan approval recommended.
Public Works Department: The revised Tasker Woods rezoning received on June 13, 2006 has
adequately addressed our previous comments dated May 25, 2006.
Frederick County Inspections: No comment required at this time. Shall comment on site/subdivision
reviews.
Frederick -Winchester Service Authority: I have never heard of the Opequon Urban Development
Area. I am just assuming it is a portion of the existing or expanded Urban Development Area east of
Stephens City. With regards to the wastewater delivery, is there a reason for not considering
elimination of double pumping of taking flow from one pumping station to another, but rather tying into
the force main of the second pumping station? I am assuming from the information given, that there
will be 323 dwelling units, a mix of single family detached and townhouses, and that there will be
approximately 180,000 square feet of commercial property based on the sewer and water flows
provided.
Sanitation Authority: The Authority shall have adequate water and sewer capacity to service this site.
Frederick -Winchester Health Department: Health Department has no objection to the rezoning
request as stated.
Department of Parks & Recreation: Plan appears to meet open space and recreational unit
requirements. During the Master Development Plan review of this project, staff will be looking for the
trail to be a minimum of 10' in width and meet the Virginia Department Standards for hard surface
trails. The proposed monetary proffer appears to be appropriate to address the impact this development
will have on the capital facility needs of the Parks and Recreation Department.
Rezoning #09-06 — Tasker Woods
August 21, 2006
Page 3
Frederick County Public Schools: Based on the information provided, it is anticipated that the
proposed 120 single family homes will yield 20 high school students, 17 middle school students, and 47
elementary school students. The 199 townhouses will yield 22 high school students, 24 middle school
students, and 62 elementary school students for a total of 192 new students upon build -out. Significant
residential growth in Frederick County has resulted in the schools serving this area having student
enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this
project and others of similar nature, coupled with the number of approved, undeveloped residential lots
in the area, will necessitate the future construction of new school facilities to accommodate increased
student enrollments. The impact of this rezoning on current and future school needs should be
considered during the approval process.
Winchester Regional Airport: The proposed rezoning request for Tasker Woods should not impact
business operations of the Winchester Regional Airport; therefore, we are not requesting any special
conditions for consideration.
Frederick County Attorney: (Based on proffer statement dated March 15, 2006) It is my opinion that
the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County
Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the rezoning
application is to rezone property from the RA district to the RP and B2 districts, it is noted that the
proffers are only conditioned upon approval of the requested RP rezoning. 2. Proffer 1.3 limits the
commercial development to 179,000 square feet. The County should determine whether it wants to so
limit the commercial development. Further, it should be clarified as to what the square footage
requirement applies, preferably having a requirement applied to "usable floor area". Also, there is no
requirement in this proffer as to the timing of the commercial development, in relation to the residential
development or otherwise. Pursuant to these proffers, the entire residential development could be built
out before any commercial development was built and occupied. 3. In Proffer 2. 1, it is recommended
that this proffer include the provision that the development will be in substantial conformity with the
Generalized Development Plan. 4. In Proffer 12.3, it is provided that "the applicant shall construct a
southbound right turn lane on White Oak Road". It is not clear from the proffer or the attached
Generalized Development Plan where this right turn lane will be constructed, and whether it is going to
be constructed on White Oak Road or on Tasker Road. It should be noted that I have not reviewed the
substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this
specific property, or whether other proffers would be appropriate, as it is my understanding that that
review will be done by the staff and the Planning Commission.
Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the
proposal does not significantly impact historic resources and it is not necessary to schedule a formal
review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are
no significant historic structures located on the properties nor are there any possible historic districts in
the vicinity. It is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah
Valley does not identify any core battlefields that his proposed rezoning would directly impact.
Planning Department: Please see attached letter dated May 26, 2006 from Susan K Eddy, Senior
Planner.
Rezoning #09-06 — Tasker Woods
August 21, 2006
Page 4
Planning & Zoning:
l) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) identifies
these properties as being zoned A-2 (Agriculture General). The County's 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 property and all other A-1 and A-2 zoned
land to the RA District.
2) 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-]J
Land Use
The site is partially located within the Urban Development Area (UDA) and entirely located
within the Sewer and Water Service Area (SWSA).
The properties are within the area of the Tasker Woods Land Use Plan, which was adopted in
2005. The plan states that the north portion of the Tasker Woods area is planned for residential
use. Single family detached residences are encouraged along Macedonia Church Road to
continue the residential pattern established to the west. Single family attached units could be
accommodated further east. Given the relatively flat topography and square shape of the
northern portion of the plan area, it could ideally be laid out in a grid pattern.
Staff Note: The applicant is proposing a residential pattern generally consistent with the
Tasker Woods Land Use Plan.
Commercial uses are planned for the land immediately north of Tasker Road. The commercial
component is envisioned to consist of neighborhood scale commercial uses and office uses.
Priority will be given to neighborhood scale commercial uses as these will serve the needs of
residents and create focal points for the new community. Strip commercial development is
strongly discouraged. Consolidated entrances and inter -parcel connectors will be encouraged to
avoid multiple -entrances along Tasker Road and the new collector road.
Rezoning #09-06 — Tasker Woods
August 21, 2006
Page 5
Staff Note: There is no timing associated with the commercial component of this application.
All residences could be built before any commercial development takes place. The applicant
is proposing the full range of B2 uses on the property, without a commitment to
neighborhood scale commercial uses or a commitment to discouraging a strip center. More
attention should be paid to the uses, layout and design of the commercial section.
Another component of the Tasker Woods Land Use Plan is parks. A central park was proposed
in the land use plan to be linked to the rest of the development by trails and sidewalks.
Staff Note: A three acre private park is proposed at the northern end of the site. It will be
linked to the development via trails and sidewalks.
A further component of the Tasker Woods Land Use Plan is design standards. Landscaping is
encouraged in the form of street tress and the screening of parking facilities. A limited and
coordinated sign package was recommended for the commercial section.
Staff Note: The applicant has proffered street trees for the commercial section. Some sign
reductions have also been proffered
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan designates Tasker Road as an
improved major collector. It designates Macedonia Church Road/White Oak Road, west of
Route 522, as a new major collector. (This is reiterated in the Tasker Woods Land Use Plan.)
This translates to a four -lane divided boulevard section, such as is being implemented with
Warrior Drive. The idealized intersection design in the Comprehensive Plan (6-15) illustrates
appropriate features including raised medians with landscaping, landscaping along the edge of
the right-of-way, and sidewalks.
Staff Note: The applicant is not providing all of the road improvements called for in the
Comprehensive Plan. For Macedonia Church Road, the applicant will be designing and
providing right-of-way for the full four lane roadway with a landscaped median, but is only
committed to constructing two of the four lanes called for in the Comprehensive Plan.
The Frederick County Bicycle Plan designates Tasker Road as a short-term designated route.
The Tasker Woods Land Use Plan calls for an interconnected system of multipurpose trails and
sidewalks through out the development.
Staff Note: The applicant is providing trails and sidewalks throughout the development.
3) Site Suitability/Environment
No steep slopes exist on the property. No portion of this site is within the 100 -year flood plain
according to the Flood Insurance Study Map for Frederick County. U.S.G.S. maps show two
Rezoning #09-06 — Tasker Woods
August 21, 2006
Page 6
streams and three ponds on the property. The applicant has identified three wetlands on the
property. The wetlands will be analyzed further at the MDP and site plan stages.
Staff note: Protection of the integrity of the ponds, especially during the construction phases,
should be considered as part of the proffer statement.
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils
comprising the subject parcel fall under the Weikert-Berks-Blairton soil association, which is
the predominant association on land located east of Interstate 81. The characteristics of this soil
type and any implications for site development are manageable through the site engineering
process. No soil types on this site are classified as prime farmland soil.
4) Potential Impacts
A. Transportation
A traffic impact analysis (TIA) was prepared for this application on February 2, 2006 using an
assessment of background traffic, including growth rates and other planned projects in the area;
calculation of trip generation for this development; distribution and assignment of the Tasker
Woods generated traffic; and analysis of capacity and level of service for existing and future
conditions. An addendum to the original TIA was prepared on July 11, 2006. Using traffic
generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the TIA projects that the
proposed development will produce 12,846 vehicle trips per day (VPD).
The TIA further indicates that the study area roads and intersections have the capacity to
accommodate the trips generated by the project at Level of Service "C" conditions or better,
given certain road improvements. Some improvements are proposed to be provided by the
applicant, some are to be provided by others, and for some it is uncertain who will provide the
improvements.
• A traffic signal is required at Route 522 and Macedonia Church Road. This is proffered
by the applicant.
• A traffic signal is required at the intersection of White Oak Road and Tasker Road. This
is proffered with the Cedar Meadow rezoning. A southbound right turn lane on White
Oak Road is also required. It is unclear who will provide this improvement.
• A traffic signal is required at the intersection of Marcel Road, Tasker Road, and the new
minor collector. This signal is proffered by the applicant. A southbound left turn lane is
required on the new collector road at Tasker Road and a westbound right lane on Tasker
Road is required at the new collector road. The applicant is proffering these turn lanes.
• A traffic signal is required at the intersection of Route 522 and Tasker Road. This was
proffered with the Eastgate Commerce Center rezoning.
• A traffic signal will be provided at the intersection of Route 522 and Clydesdale Drive,
by the developers of Canter Estates V.
Additional right-of-way will be provided on the portion of Macedonia Church Road that is not a
major collector.
Rezoning #09-06 — Tasker Woods
August 21, 2006
Page 7
Staff Note: The applicant should be prepared to provide road improvements to ensure level
of service "C" on area roads, including White Oak Road. Other road improvements are
sought with this rezoning as per the Comprehensive Policy Plan (see comments above).
B. Sewer and Nater
Presently, sewer service is available via an 8" main that travels to the south of this project by a
pump station installed adjacent to Tasker Road as a part of the Eastgate project. A new pump
station will be needed. Wastewater generated by this project will be transferred to the Parking
Mill Wastewater Treatment Facility which is being expanded from 2 to 5 MGD by the FCSA
and FWSA.
Water supply is provided by way of a 12" water main located along the western boundary of this
site which serves as a loop connection along route 522 through Albin to a connection with the
20" transmission main located near the Papermill Road intersection with Route 522. Water
demand of this project would be equivalent to its sewer production of 99,600 gallons per day.
C. Community Facilities
The applicant has proffered $23,290 for each single family detached unit and $17,732 for each
single family attached unit to offset the impacts to community facilities. This amount is
consistent with the County's Development Impact Model.
5) Proffer Statement — Dated March 15, 2006 and Revised June 12, 2006, July 5, 2006, July
21, 2006, August 11, 2006, August 16, 2006 and August 18, 2006
A) Generalized Development Plan
The applicant has proffered a Generalized Development Plan (GDP) dated January 15,
2006 and revised August 16, 2006. It shows the location of the major roads, the
location of the recreational facilities, the new church entrance and the iron fence. It
also shows the location of the single family attached and detached units. All of the
single family detached units are labeled single family small units.
B) Land Use
Residential development will be limited to 319 units, in a mixture of single family
detached and single family attached units. The mix shall be determined at the Master
Development Plan (MDP) stage and the projected traffic volume will not exceed 2,931
average daily trips. Building permits will be limited to 90 within any calendar year.
Commercial development on the B2 zoned portion of the site shall not exceed 1179,000
square feet.
Staff note: The mix of singlefamily attached and single family detached units must
conform to the proffered GDP, in the locations shown on the GDP. There is no
timing element for the commercial floorspace.
Rezoning 909-06 — Tasker Woods
August 21, 2006
Page 8
C) Recreation
The development will include a community center, a pool, a basketball court, two tot
lots, a picnic shelter and ten -foot wide pedestrianibicycle trail in the location depicted
on the GDP. These will count towards the development's required recreational units.
Staff Note: The County expectation is that a community center is an enclosed, year
round, climate controlled facility.
D) Transportation
A traffic signal will be placed at the intersection of Route 522 and Macedonia Church
Road prior to the occupancy of the 50th dwelling unit.
White Oak Road will realign with Macedonia Church Road and two -lanes of a major
collector road constructed from Macedonia Church Road to Route 522. This will
include an iron fence along the church property and consolidation of the church
entrance to a single access point. Design of the full four lane road and eighty feet of
right-of-way for this road will be provided.
Staff Note: Staff would recommend that the development entrance align with the
church entrance and that thefull four lane section be constructed by the applicant.
A road will be constructed to link the residential and commercial components of the
site, prior to the occupancy of any buildings on the commercial portion of the site.
Commercial entrances will be prohibited on Tasker Road.
The applicant will enter into a signalization agreement with VDOT to provide a signal
at the intersection of Tasker Road and Marcel Drive and two turn lanes at that
intersection.
E) Commercial Design Standards
All buildings in the commercial area will have compatible architectural style and
materials. The principal facades along Tasker Road shall be limited to a combination
of the following materials: cast stone, stone, brick, glass, wood, stucco or other high
quality long lasting masonry materials. Street tress will be provided in the commercial
area.
F) Commercial Signage
Freestanding commercial signage along Tasker Road shall be limited to a single
monument style sign at the single proposed entrance on Tasker Road. Maximum
height for all signs on the property shall be 20 feet. Pylon signs shall be prohibited on
the property.
G) Street Trees
Street trees are provided in the commercial portion of the site.
Rezoning #09-06 — Tasker Woods
August 21, 2006
Page 9
H) Monetary Contribution
For each single family detached unit the applicant has proffered:
$720 for fire and rescue;
$19,189 for schools:
$2,136 for parks and recreation;
$267 for library;
$658 for public safety; and
$320 for meneral government;
$23,290 for capital improvements, plus
$1,000 for road improvements in the Tasker Road Corridor
For each single family attached unit the applicant has proffered:
$528
for fire and rescue;
$14,618
for schools:
$1,634
for parks and recreation;
$204
for library;
$503
for public safety; and
$245
for general government;
$17,732 for capital improvements, plus
$500 for road improvements in the Tasker Road Corridor
STAFF CONCLUSIONS FOR 09/06/06 PLANNING COMMISSION MEETING:
The land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as
described in the Tasker Woods Land Use Plan. The Tasker Woods Land Use plan, however, includes
much more than just the basic land uses. At this time, all road improvements called for in the TIA and
in the Comprehensive Policy Plan are not addressed by the applicant and the applicant has made no
commitments as to the uses, layout or timing of the commercial component.
Followin the requirement fora public hearing, a recommendation
by the Planniniz Commission to the Board of Supervisors concerning this rezoning
application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
COUNTS' of FREDERICK
Department of Planning and Development
\ 540/665-5651
\ 1,RGINFAX: 540/665-6395
rna /
May 26, 2006
Mr. Patrick Sowers
Patton Harris Rust & Associates
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
R>✓: Proposed Rezoning of Tasker V7ocds
Dear Patrick:
I have had the opportunity to review the draft rezoning application for Tasker Woods.
This application seeks to rezone 76.97 acres from RA (Rural Areas) District to the RP
(Residential Performance) District and B2 (Business General) District. Staff's review
comments are listed below for your consideration.
1. Tasker Woods Land Use Plan. The site is within the limits of the Tasker Woods
Land Use Plan (TWLUP), a component of the Comprehensive Policy Plan. The
plan calls for a mix of residential and commercial uses. The proposed uses are
generally consistent with the TWLUP.
2. Tasker Woods Land Use Plan. As the applicant is aware, having been involved
in the Comp Plan amendment that expanded the UDA and SWSA in this area, the
TWLUP includes much more than just a land use map. The plan includes many
land use and design elements that are not addressed in this application. Consider
all of the following before this application is submitted:
• The residential portion should be interconnected, ideally laid out in a grid
pattern;
0 Neighborho � i scale cornnier. ia! -_rs._-s are--oferred ever ottices;
• A neighborhood park is shown on the land -use map in the center of the
development;
• Inter -connected trails and sidewalks;
• Prohibit individual residential entrances on White Oak Road;
• Prohibit commercial entrances on Tasker Road;
• Limit commercial entrances on the new collector road;
• Save mature trees;
• Provide street trees;
• Landscape screening of parking areas; and
• A coordinated, and limited, sign package for the commercial areas.
107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000
Page 2
Mr. Patrick Sowers
RE: Proposed Rezoning of Tasker Woods
May 26, 2006
3. Eastern Road Plan. The Eastern Road Plan of the Comprehensive Policy Plan
designates Tasker Road as an improved major collector and designates Macedonia
Church Road (north of this site) as a new major collector. Full implementation of
the four -lane major collector road design would be appropriate. The applicant
should be prepared to provide any needed right—of—way for this improvement,
provide landscaped medians and pave additional lanes. Also, ensure that White
Oak Road/Macedonia Church Road is the major collector and provide sufficient
right-of-way so that the historic cemetery is not impacted by road widening.
Realign the northern bend in Macedonia Church Road to a T -intersection to
ensure that traffic tlows from White Oak Road to Macedonia Church Road.
4. Entrance. You will need to align the entrance to this project on Macedonia
Church Road with the new entrance to Macedonia Methodist Church (see site
plan #19-02). This will allow sufficient distance between the entrance and Route
522 and the entrance and White Oak Road. You could consider a roundabout in
this general area to improve access and traffic flow. This could also establish a
focal point at the entrance to the community.
5. Bike Trail. Tasker Road is identified on the Frederick County Bicycle Plan as a
short term destination. Provide a bike trail in this location. In addition, a bike
trail has been established on White Oak Road. Continue this bike path to Route
522. See earlier comment #2 on internal trails.
6. Traffic Impact Analysis. The TIA has significantly underestimated the trip
generation for this proposal. The applicant has proffered 319 single family units.
The County must assume the worst case scenario (for traffic) which would be 319
single family detached houses. The TIA can only model townhouses if
townhouses are specifically proffered. Similarly, with the commercial
component, the applicant has not restricted the B2 uses on the site. Therefore, the
TIA must model 17 9,000 square feet of retail use. Either the TiA must be revised
or the proffer statement must be revised. The County will not accept the
combination as currently submitted.
7. Traffic Impact Analysis. TIA figures 3, 5 & 9 are missing the levels of service
for a number of intersections. Please include all segments of each intersection.
8. Traffic Impact Analysis. Table 1 - please provide additional information on the
trip generation figures for Shenandoah.
9. Traffic Impact Analysis. How can the level of service for the signalized
intersection of Tasker Road and White Oak Road and for the signalized
Page 3
Mr. Patrick Sowers
RE: Proposed Rezoning of Tasker Woods
May 26, 2006
intersection of Tasker Road and Route 522 be better after this development
(Figure 9) than it was before the development (Figure 5)?
10. Traffic Impact Analysis. As stated in the TIA, level of service C will not be
maintained at the intersection of the new collector road and Marcel Drive. The
Comprehensive Policy Plan calls for level of service C on roads adjacent to and
within new developments. Therefore, this intersection does not meet the criteria
of the Comp Plan and is not acceptable. Note: Signalization of the intersection of
Clydesdale Drive and Route 522 is proffered by JASBO, Inc. Verify the
particulars with VDOT and update the TIA.
11. Proffer Statement — Land Use. The applicant has proffered 319 single family
dwelling units. This is the maximum allowed by ordinance, so is redundant as a
proffer. Are housing types other than single family homes to be allowed? Is there
a proffered split of housing types? (See comment 96 above.)
12. Proffer Statement — Land Use (1.2). 110 dwelling units per year is high.
Consider a lower number. Tie the number to lot creation, not building permits.
13. Proffer Statement — Permits & Plan Approval. Proffer 2.1 calls for unified
design standards. There are currently no design standards proffered with this
application. The county would welcome design standards, as called for in the
Tasker Woods Land Use Plan, for both the commercial and residential portions of
the site. These could include a focal point, architectural design, building
materials, landscaping and signage.
14. Proffer Statement — Parks & Open Space. A central park is clearly called for
in the TWLUP. You should be aware that the county is considering public parks
as an important feature in the Urban Development Area (UDA). Please work with
the Parks and Recreation D epartii ent to see if this might be an area suitable for a
public park.
15. Proffer Statement — HOA. Consider setting up a start-up fund with seed money.
16. Proffer Statement Transportation. The improvements called for in proffers
12.2 and 12.3 could be triggered sooner in light of the failing levels of service
even before this project is built. The entrance to the Macedonia Church shown on
the GDP is not consistent with the new entrance approved with the Macedonia
Church Site Plan #19-02. Transportation proffers need to be tied to events that
are monitored by the Planning Department. Dedicate land and bond road
improvements at the lot creation stage. Roads should be open to the public at the
Page 4
Mr. Patrick Sowers
RE: Proposed Rezoning of Tasker Woods
May 26, 2006
building permit stage. State an event by which the new collector road will be
built from Tasker Road through to Macedonia Church Road. The County would
be seeking that road when the residential portion of the site is constructed.
17. Proffer Statement — Transportation. The church property is private property.
Improvements to it should not be in the proffer statement.
18. Proffer Statement — GDP. The GDP must clearly show the major collector
through road as Macedonia Church Road/White Oak Road. Also, the TWLUP
seeks a grid layout far the residential portion of the site. It would be useful to
include the street layout on the GDP.
19. Proffer Statement — GDP. The GDP includes a community center, although this
is not referenced in the text of the proffer statement. Is this in addition to
ordinance requirements? Is this the required community center for single family
small units? It would be beneficial to include details on the projects, such as the
type and size of center and also a timing element.
t 20. Agency Comments. Please provide appropriate agency comments from the
following agencies: Historic Resources Advisory Board, Virginia Department of
Transportation, Frederick County Department of Public Works, Frederick County
Fire Marshall, Frederick County Department of Parks and Recreation, Frederick
County Schools, Frederick County Sanitation Authority, Frederick -Winchester
Health Department, Winchester Regional Airport, Stephens City Fire and Rescue
Company and the Frederick -Winchester Service Authority. The proposed
proffers have been forwarded by staff to the Frederick County Attorney. Once
attorney comments are received by the Planning Department, they will be
forwarded to your office. Attorney comments are required for acceptance of the
rezoning application.
21. Maps. In all maps submitted with this application, the parcels subject to this
rezoning (76-A-49 & 76 -A -48A), two other parcels ((76-A-51 & 76-A-51 C) and a
stortrnwater management pond for Tasker Road are outlined in black. Do not
outline any properties that are not part of this rezoning. This causes confusion.
Also, all maps incorrectly identify the easternmost section of Macedonia Church
Road as White Oak Road. Correct all maps.
22. Adjacent Parcels. The list of all adjacent properties, their owners and the
owners' addresses contained errors and is obsolete. For the record, include
parcels 76-A-51, 76-A-53, 76 -A -48B, 76 -A -47A and 76 -A -53D and correct the
Page 5
Mr. Patrick Sowers
RE: Proposed Rezoning of Tasker Woods
May 26, 2006
PIN number for 76 -A -49E. An accurate list of adjoiners must be submitted with
this application before it will be accepted by the Planning Department.
23. Other. You are, of course, required to submit a plat with the location of all
proposed zoning boundary lines, a copy of the deed to the property, and a
statement verifying that taxes have been paid.
24. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per
acre, and a $50.00 public hearing sign fee. Thus, a total of $10,747 is due upon
submission of the official rezoning application. This is based on fees as of
January 27, 2005. Fees may change.
All of the above comments and reviewing agency comments should be appropriately
addressed before staff can accept this rezoning application. Please feel free to contact me
with questions regarding this application.
Sincerely,
P; k-k�� IV.
Susan K. Eddy, AICP
Senior Planner
SKE/bad
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Tasker Woods Proffer Statement
AUG 2 1 2000"
PROPOSED PROFFER STATEMENT
REZONING: RZ. # Cl- RA (Rural Areas) to
RP (Residential Performance) 60.281 acres +/- and
B2 (General Business) 18.897 acres +/-
PROPERTY: 79.178 Acres +/-;
Tax Map Parcels 76 -A -48A, 76-A-49 (the "Property")
RECORD OWNER: Allden, LLC
APPLICANT: Allden, LLC
PROJECT NAME: Tasker Woods
ORIGINAL DATE
OF PROFFERS: March 15, 2006
REVISION DATE(S): June 12, 2006 July 5, 2006 July 21, 2006 August 11, 2006
August 16, 2006 August 18, 2006
The undersigned hereby proffers that the use and development of the subject
property ("Property"), as described above, shall be in strict conformance with the following
conditions, which shall supersede all other proffers that may have been made prior hereto.
In the event that the above referenced RP/B2 conditional rezoning is not granted as applied
for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "final rezoning" defined as that rezoning which is in effect on the day following the last
day upon which the Frederick County Board of County Supervisors (the `Board") decision
granting the rezoning may be contested in the appropriate court. If the Board's decision is
contested, and the Applicant elects not to submit development plans until such contest is
resolved, the term rezoning shall include the day following entry of a final court order
affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of
any provision of the proffers. The improvements proffered herein shall be provided at the
time of development of that portion of the Property adjacent to or including the
improvement or other proffered requirement, unless otherwise specified herein. The term
"Applicant" as referenced herein shall include within its meaning all future owners and
successors in interest. When used in these proffers, the "Generalized Development Plan,"
shall refer to the plan entitled "Generalized Development Plan, Tasker Woods" dated
January 15, 2006 revised August 16, 2006 (the "GDP"), and shall include the following.-
Page
ollowing:
Page 1 of 8
Tasker Woods Proffer Statement
LAND USE:
1.1 Residential development on the Property shall not exceed 319 units. The
mixture of single family detached and attached units shall be designated at
the time of Master Development Plan and shall not generate more than 2,931
average daily trips (ADT).
1.2 The project shall be developed pursuant to an annualized phasing plan.
Building permits for no more than 90 dwelling units shall be issued within
any calendar year.
1.3 Commercial development on the B2 zoned portion of the Property shall not
exceed 179,000 square feet.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS:
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, and design standards, this
Tasker Woods Proffer Statement, and in substantial conformity with the
GDP as approved by the Board.
FIRE & RESCUE:
3.1 The Applicant shall contribute to the Board the sum of $720.00 per single
family, detached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each detached unit.
3.2 The Applicant shall contribute to the Board the sum of $528.00 per single
family, attached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each attached unit.
4. SCHOOLS:
4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single
family, detached dwelling unit for school purposes, payable upon the
issuance of a building permit for each detached unit.
4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single
family, attached dwelling unit for school purposes, payable upon the issuance
of a building permit for each attached unit.
5. PARKS & OPEN SPACE:
5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single
family, detached dwelling unit for recreational purposes, payable upon the
issuance of a building permit for each detached unit.
Page 2 of 8
Tasker Wloods Proffer Statement
5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single
family, attached dwelling unit for recreational purposes, payable upon the
issuance of a building permit for each attached unit.
5.3 Prior to issuance of the 100`h building permit the Applicant shall construct a
community center, including a 2,400 square foot pool and full basketball
court, in the location depicted on the GDP. Other recreational
improvements shall include a minimum of two tot lots and a picnic shelter in
the locations depicted on the GDP. Said improvements shall count towards
the recreational unit requirement for the proposed development.
5.4 The Applicant shall construct a ten foot asphalt public pedestrian -bicycle
trail in the locations depicted on the GDP. Along the Property frontage on
Tasker Road and the portion of Macedonia Church Road identified as a
major collector said trail shall be constructed in lieu of the adjacent sidewalk.
Said improvements shall count towards the recreational unit requirement for
the proposed development.
6. LIBRARIES:
6.1 The Applicant shall contribute to the Board the sum of $267.00 per single
family, detached dwelling unit for library purposes, payable upon the issuance
of a building permit for each detached unit.
6.2 The Applicant shall contribute to the Board the sum of $204.00 per single
family, attached dwelling unit for library purposes, payable upon the issuance
of a building permit for each attached unit.
7. PUBLIC SAFETY:
7.1 The Applicant shall contribute to the Board the sum of $658.00 per single
family, detached dwelling unit for public safety purposes upon issuance of a
building permit for each detached unit.
7.2 The Applicant shall contribute to the Board the sum of $503.00 per single
family, attached dwelling unit for public safety purposes upon issuance of a
building permit for each attached unit.
8. GENERAL GOVERNMENT:
8.1 The Applicant shall contribute to the Board the sum of $320.00 per single
family, detached dwelling unit for general governmental purposes upon
issuance of a building permit for each detached unit.
8.2 The Applicant shall contribute to the Board the sum of $245.00 per single
family, attached dwelling unit for general governmental purposes upon
issuance of a building permit for each attached unit.
Page 3 of 8
Tasker Woods Proffer Statement
9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS'
ASSOCIATION:
9.1 The residential development shall be made subject to a homeowners'
association (hereinafter "HOA") that shall be responsible for the ownership,
maintenance and repair of all common areas, including any conservation
areas that may be established in accordance herewith not dedicated to the
County or others, for each area subject to their jurisdiction, and shall be
provided such other responsibilities, duties, and powers as are customary for
such associations or as may be required for such HOA herein.
9.2 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas located
outside of residential lots; (iii) common solid waste disposal programs by a
commercial collection company, (iv) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which buffer
areas shall be located within easements to be granted to the HOA if platted
within residential or other lots, or otherwise granted to the HOA by
appropriate instrument, (v) responsibility for payment for maintenance of
streetlights and (vi) maintenance of BMP's and stormwater conveyance
channels.
9.2 The Applicant shall establish a start-up fund for the Tasker Woods HOA
that will include an initial lump sum payment of $2,500.00 by the Applicant
and an additional payment of $100.00 for each platted lot within the Tasker
Woods 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 Tasker
Woods HOA fund. Language will be incorporated into the Tasker Woods
HOA 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 Applicant to the Tasker
Woods HOA. The start up funds for the Tasker Woods HOA 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.
10. WATER & SEWER:
10.1 The Applicant shall be responsible for connecting the Property to public
water and sewer, and for constructing all facilities required for such
connection. All water and sewer infrastructure shall be constructed in
accordance with the requirements of the Frederick County Sanitation
Authority and the Frederick -Winchester Service Authority.
Page 4 of 8
Tasker Woods Proffer Statement
11. ENVIRONMENT:
11.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results
in the highest order of stormwater control in existing Virginia law at the time
of construction of any such facility.
12. TRANSPORTATION:
12.1 Transportation improvements shall be designed and constructed consistent
with the study entitled "A Traffic Impact Analysis of the Tasker Woods,"
prepared by Patton Harris Rust & Associated, dated Februray 2, 2006 with
addendum dated July 11, 2006 (the "TIA"). The Applicant shall privately
fund all transportation improvements required of this project.
12.2 The Applicant shall install or bond a traffic signal at the intersection of Route
522 and Macedonia Church Road prior to issuance of the 50`' building
permit unless otherwise directed by Frederick County and/or VDOT.
12.3 The Applicant shall contribute to the Board the sum of $1000 per single
family, detached dwelling and $500 per single family, attached dwelling for
transportation improvements to the Tasker Road corridor upon the issuance
of a building permit for each unit.
12.4 The Applicant shall realign Macedonia Church Road as indicated on the
GDP and in accordance with the TIA to extend the current improved
section of White Oak Road to Front Royal Pike. Realignment of said
roadway shall include the design of a four lane roadway with landscaped
median and the construction of two lanes of the roadway from the terminus
of White Oak Road at Macedonia Church Road to Front Royal Pike.
Construction of this improvement shall include the construction of an iron
fence along a portion of the frontage of the Macedonia Church property and
consolidation of the current church entrances into a single access point as
depicted on the GDP. The Applicant shall dedicate right of way necessary to
achieve an 80 foot right of way to allow full implementation of a major
collector roadway that will not negatively impact the existing graveyard at
Macedonia Church. Said improvement shall be completed prior to issuance
of the 50'' building permit (See 1 on GDP)
12.5 Direct access to individual lots from the portion of Macedonia Church Road
designated as a major collector shall be prohibited.
12.6 Access to commercial portions of the Property shall be provided via the
future roadway connecting the commercial and residential portions of the
property as indicated on the GDP. Said connection between residential and
commercial portions of the Property shall be made prior to occupancy of any
Page 5 of 8
Tasker Woods Proffer Statement
building constructed on the portion of the Property zoned B2. Commercial
entrances on Tasker Road shall be prohibited.
12.7 The Applicant shall enter into a signalization agreement with the Virginia
Department of Transportation that is binding for a period of five years from
the date of final rezoning approval with an option for an additional five years
for the installation of a traffic signal at the intersection of Marcel Drive and
the proposed entrance on Tasker Road. In addition, the Applicant shall be
responsible through said agreement, for the installation of a Southbound left
turn lane on the proposed internal collector road as well as a westbound right
turn lane on Tasker Road at the subject intersection. If or when, in the
opinion of VDOT, a traffic signal and/or the turn lanes are required, the
Applicant shall provide funds including any necessary bond to construct
improvements at said intersection.
12.8 The Applicant shall dedicate 27 feet of right of way from the center line of
the portion of Macedonia Church Road not identified as a major collector
prior to issuance of the 50`'' building permit.
13. HISTORIC MARKER
13.1 The Applicant shall install a historic marker in collaboration with Macedonia
Church that notes the historical significance of Macedonia Church.
14. COMMERCIAL DESIGN STANDARDS
14.1 All buildings within the commercial area of the Property shall be constructed
using compatible architectural style and materials. The principal facade in
addition to any facade fronting Tasker Road of all commercial buildings shall
be limited to one or a combination of the following materials: cast stone,
stone, brick, glass, wood, stucco or other high quality, long lasting masonry
materials.
15. COMMERCIAL SIGNAGE
15.1 Freestanding commercial signage along Tasker Road shall be limited to a
single monument style sign at the proposed internal collector road
entrance at Tasker Road. Maximum height for all signs located on the
Property shall be 20 feet.
15.2 Pylon style signs shall be prohibited on the Property.
16. STREET TREES
16.1 The Applicant shall locate street trees along the road frontage of both Tasker
Road and the proposed internal minor collector road within the commercial
land bay of the Property to enhance the visual characteristics of both
corridors. Said street trees shall be planted a maximum of 40' apart and shall
Page 6 of 8
Tasker Voods Proffer Statement
be planted prior to occupancy of any building constructed on the portion of
the Property zoned B2.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 7 of 8
Tasker Woods Proffer Statement
Respe
Title:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrum t was acknowled ed before me this i day
of � , 2006, by j t T> Y.f2r' E. Q(,1 c o o s t l U
My commission expires
Notary Public
Page 8 of 8
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GENERALIZED DEVELOPMENT PLAN
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GENERALIZED DEVELOPMENT PLAN
117 E Picadilly SL Vinchester, Virginia 22601
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VOICE: (50) 667-2139 FAX: (540) 665-0493
FREDERICK COWT, KRUM
TASKER WOODS REZONING
IMPACT ANALYSIS STATEMENT
August 2006
The Tasker Woods site is ideally suited for mixed use residential development. The project,
comprised of parcels 76-A-49 and 76 -A -48A, totals 79.178 Acres of land zoned RA (Rural
Areas) and is located along the eastern boundary of the Urban Development Area in the
Shawnee Magisterial District. By action of the County Board of Supervisors on July 13,
2005 the project area was included in the Urban Development Area and Sewer and Water
Service Area (see Figure 1) thereby allowing for this rezoning petition which seeks to rezone
18.897 acres of land to B2 (General Business) with the remaining 60.281 acres of the site
becoming RP (Residential Performance) (Figure 2). The rezoning would result in a high
quality mixed use development with single family attached and detached uses with a
proffered maximum of 319 dwelling units.
The site is surrounded by primary and major collector roadways providing for excellent
transportation characteristics.
The site has a high elevation of 722.10 feet and a low elevation of 690.0 feet with a general
cross slope of 2% to 5%. Characteristic of most properties within the Martinsburg shale
areas of Frederick County, this site was intensively farmed at some point, but no farming has
occurred on the site for at least 20 years. This site is overgrown by cedars and scrub brush
which is characteristic of land that has been taken out of basic agriculture.
Site drainage is afforded by a tributary to Wrights Run which traverses the site from west to
east along with a minor drainage shed which leaves the site to the north and east. The
principle land use surrounding the site is single family residential with some institutional and
church uses. The area to the south is predominantly the Eastgate Industrial Park which is a
developing center for economic growth in Frederick County.
The site is underlain by Martinsburg shale which has been very suitable for the development
of residential communities within the Urban Development Area. Site utilities traverse the
site including a major water main loop owned by the Frederick County Sanitation Authority.
Sanitary sewer is available to the south as a part of the Eastgate Industrial Park.
SURROUNDING PROPERTIES
As mentioned, the principle use surrounding this site is residential. Figure 3 shows an aerial
photograph from 2001 depicting the typical developed uses in the vicinity of the site. The
predominate use to the north of the site is the Macedonia Methodist Church facilities
including a new church together with the old chapel facility and community building and
graveyard. To the north and west is older established single family homes along Macedonia
Church Road and Canter Estates which is a part of the Tasker area land bays and
approaching build out of single family homes. To the south and west are a single family
home and a small farm together with lands planned for business and industrial uses including
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GENERALIZED DLYfZ0P1VENT PLAN
117 E. Picadilly St. Winchester, Virginia 22601
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VOICE; (540) 667-2139 FAX; (540) 665-0493
FR£D£R/CK COUNTY, V/RG/NG4
FIGURE 2
FIGURE 3
the Eastgate Industrial Park. To the east are large lot residential uses generally fronting on
Route 522.
The suggested land use plan was created during the UDA expansion process and shows a
hierarchical transition of residential intensities with single family detached uses turning to
single family attached prior to the transition to the commercial land bay. This plan provides
for a more appropriate transition from the single family uses in the surrounding area to the
proposed commercial and existing commercial and industrial areas South of the Property.
The site generally drains to a principle tributary of Wrights Run and away from existing
residential uses. Design of the project should include special provisions for improvement
and mitigation of drainage issues that map arise.
Special consideration in design should be given to the existing Macedonia United Methodist
Church Road in order to enhance and preserve the church property and function. Also the
improvement of White Oak Road as a major collector to create a more appropriate
connection with Route 522.
ENVIRONMENT
Figure 4 is provided to delineate the important environmental features in accordance with
County policy and procedures. Of note are wetlands, steep slopes, and other special
environmental features. None of the above listed environmental factors presents a
particularly difficult planning impact for development of this . site. Sensitive use of these
areas will produce a meaningful open space plan.
The Property is sparsely wooded and includes limited wetlands. The National Wetlands
Inventory indicates that wetlands on the site are limited to two ponds, one near the northern
property line adjacent to Front Royal Pike as well as a pond situated closer to the Southern
boundary of the property near Tasker Road. Any wetlands that may exist along stream
channels located on the site will be protected by both riparian buffers as well as an open
space plan that provides an additional buffer for these environmental features. There are no
special issues regarding previous development on the site that require mitigation.
TRAFFIC
A complete transportation impact analysis has been prepared and is attached as "Appendix
A."
Of significance is a plan suggested by the Urban Development Area expansion process
which includes a weak link minor collector connection between Tasker Road and White Oak
Road as shown on attached Figure 5. By locating this minor collector roadway adjacent to
the east property line of the project it affords direct access by future development of
properties to the east which primarily front on U.S. Route 522 where intersections should be
discouraged. Improvement of White Oak Road to a major collector status in accordance
with the Eastern Road Plan is provided by proffer for this project. It includes improvement
of the roadway along the frontage of Macedonia Church Road to align with the improved
section of White Oak Road. The improvement of White Oak Road was accomplished
2
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ENVIRONMENTAL FEATURES
117 E. Picadilly St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
FREDERICK COUNTY, VIRGINIA
FIGURE 4
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TRANSPORTATION PLAN
117 E. Picadilly St: Winchester, Virginia 22601
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VOICE: (540) 667-2139 FAX: (540) 665-0493
FIGURE 5
through the Canter Estates development. Special provisions for access to the Macedonia
Church are planned to allow for full functional use of this facility as a part of entrance
planning to the future improved section of Macedonia Church Road. The Tasker Woods
development pattern proposes a single entrance along the portion of Macedonia Church
Road identified as a major collector. An Additional connection is provided to Tasker Road
at a planned location where an entrance was installed as a part of regional transportation
planning. This connection will be the primary access for business and commercial acreage
associated with the rezoning and will also provide access to the residential portion of the
project as well. Details regarding edge treatment for the cemetery, entrance buffers and
screens, and onsite church improvements have been agreed upon by the Church and
applicant and shall be included as proffered conditions for the project.
The traffic impact analysis (TIA) indicates that the proposed rezoning of both residential
and commercial portions of the Property would result in a total of 12,846 new vehicle trips
per day. Trip distributions indicated that the majority of the traffic (60%) will travel North
on Front Royal Pike. The remaining trips will head either South on Front Royal Pike (15%)
or West on Tasker Road (259/6) towards Interstate 81 and the 37 Bypass. When paired with
2010 background traffic from both existing and planned development projects, the TIA
indicates that in order to meet a level of service C or better, signalization will be needed at
four intersections:
1) Tasker Road and White Oak Road
2) Tasker Road and Front Royal Pike
3) Macedonia Church Road and Front Royal Pike
4) Tasker Road and Marcel Drive
The rezoning of the Eastgate Industrial Park and Commerce Center provides for the
signalization of Tasker Road and Front Royal Pike when warranted by VDOT. Additionally,
a signal at the intersection of White Oak Road and Tasker Road was proffered as part of the
Cedar Meadows application, thereby making the proposed development responsible for the
signalization of -
1)
£
1) Macedonia Church Road and Front Royal Pike
2) Tasker Road and Marcel Drive.
The TIA also indicates that turn lanes are needed at the signalized intersection of Tasker
Road and White Oak Road. These improvements were not included with the signal
proffered by as part of the Cedar Meadows application. As such, the Applicant has
proffered $500 dollars per single family, attached unit and $1000 per single family, detached
unit that could be used in conjunction with the revenue sharing program to provide the turn
lanes or to help fund other transportation improvements along Tasker Road.
SEWAGE CONVEYANCE AND WATER SUPPLY
Presently sewer service is available via an 8" main that travels to the south of this project by
a pump station installed adjacent to Tasker Road as a part of the Eastgate project. A new
pump station will be needed and is shown on Figure 6.
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UTILITY PLAN
117 E. Picadilly St Winchester, Virginia 22601
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VOICE (540) 667-2139 FAX: (540) 665-0493
fREDER/CK CDUNTY, V1RG/N/A
FIGURE 6
An analysis of run times on the existing pump station and scheduled additions to the pump
station would indicate additional capacity is available for this project. Using a standard rate
of 200 gallons per day/dwelling unit and 200 gallons per day/1,000 square feet of
commercial floor area, it is projected that the proposed development would produce
approximately 99,600 gallons per day of sewer flow. Wastewater generated by this project
will be transferred to the Parkins Mill Wastewater Treatment Facility which is currently being
expanded from 2 to 5 MGD by the FCSA and FWSA. This project will have a scheduled
and minor impact on sewage impact flows and connection fee income as recently increased
by the FCSA will provide for capacity expansion as planned for the Urban Development
Area.
Water supply is provided by way of a 12" water main located along the western boundary of
this site which serves as a loop connection along U.S. Route 522 through Albin to a
connection with the 20" transmission main located near the Papermill Road intersection
with Route 522. Water demand of the project would be equivalent to its sewer production
of 99,600 gallons per day.
Current water. pressures in the area are acceptable to serve the proposed uses. The proposal
would have a manageable impact on operating characteristics. The primary water source for
this development is the Stephens City quarry system through the James Diehl Water
Treatment Facility augmented by both the City of Winchester connection to the
transmission main from Middletown and by the Northern Water Plant at Clearbrook in
cases where needed. There is adequate capacity to serve this development in those systems
and charges for water service connections allow mitigation by the FCSA on facility
improvements needed.
DRAINAGE
Figure 7 shows a preliminary plan for storm water management for this site. Of note is the
use of existing ponds for wet storm water management facilities and additional storm water
management facilities will be installed in the general location shown. This site will be served
by enclosed storm sewer of modern design and will meet the State of Virginia requirements
for storm water management.
As previously noted, there are no special impacts of drainage on adjacent properties. Of note
are the properties to the north and east of the project where a small portion of the drainage
shed discharges to adjacent lands. Special precautions will be made in all places where direct
discharge leaves the site to first concentrate the discharge back into the site for purposes of
management and secondly, to mitigate the effects of impacts that may be created by the
increased intensity of land use for this project. There are no special issues which require
offsite improvements noted as a part of this analysis_
11
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TASKED' WOODS
Patton, Harris, Rust & Associates, pc
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MANAGEMENT PLAN
117 E. Picadilly 5t. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
FREDERICK COUNTY, 14RGlNlA
FIGURE 7
SOLID Waste
The following table shows a projection of solid waste generation as a part of this project.
unitType e
Units
Waste Generation
Total Waste lbs
Sin le Family Detached
120
12 lbs/day
1,440
Single Family Attached
199
9 lbs/day
2,388
Office Space
179,000 square feet
25 lbs/1,000 s .ft.
4,475
Total 8,303
Requirement of curbside pick-up will be an improvement to solid waste issues associated
with increased dumpster use in the County.
HISTORIC SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify any structures of historic
importance on the subject site. Moreover, pursuant to the National Park Service Study of
Civil War Sites in the Shenandoah Valles of Virginia, the subject site is not included in any
battlefield study area and does not contain any core battlefield resources.
IMPACT ON COMMUNITY FACILITIES
The mixed use nature of this proposed rezoning will help mitigate the fiscal impacts
associated with providing services to the residential component of the project. However,
the Applicant has proffered to fully mitigate the projected impacts of the residential
development as a definitive phasing schedule for the commercial portion of the project
has yet to be determined. Specifically, the Applicant has proffered to contribute $24,290
per single family detached unit and $18,231 per single family attached unit at the time
building permit. The total contribution exceeds the County Impact Model by $500
dollars per unit for single family, attached uses and $1,000 per unit for single family,
detached uses and is proffered to be allocated as follows:
■ Fire and Rescue:
■ General Government:
■ Public Safety:
■ Library:
■ Parks and Recreation:
■ School Construction:
■ Transportation:
Single Family Detached
$720.00 per unit
$320.00 per unit
$658.00 per unit
$267.00 per unit
$2,136.00 per unit
$19,189.00 per unit
$1,000.00 per unit
Single Family Attached
$528.00 per unit
$245.00 per unit
$503.00 per unit
$204.00 per unit
$1,634.00 per unit
$14,618.00 per unit
$500.00 per unit
TOTAL: $24,290.00 per unit $18,231.00 per unit
Patton Harris Rust & Associates, pc
Engineers. Surveyors. Planners. LandsccpeArchitects.JUL i
PHR+A
Ma insburff Avenue, Suite 54 Martinsburg, West Virginia 25401
T 304.264.2711
F 304.264.3671
To: Susan Eddy
Organization/Company:
From:
Frederick County Planning
Michael Glickman, PE
Addendum
Date: July 11, 2006
An Addendum to: A Trak Impact Analysis of the Tasker
Project Name/Subject: Woods
PHR+A Project file 14076-1-0
Number:
Patton Harris Rust & Associates, pe (PHR+A) has prepared an addendum to: A Traffic Impact
Analysis of the Tasker Woods, by PHR+A, dated January 18, 2006. The purpose of this document
is to present revised traffic impact analyses due to modifications to the proposed development
land uses. The revised development is to include 120 single-family detached units, 199 townhouse
units and 179,000 square feet of retail (formerly 179,000 square feet of office). Revised analyses
are provided for 2010 build -out traffic conditions. All analyses and methodology are consistent
with the January 2006 report.
TRIP GENERATION
PHR+A determined the number of trips entering and exiting the site using equations and rates
provided in the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation
Report. Table I was prepared to summarize the total trip generation associated with the Tasker
Woods development.
Table 1
Proposed Development: Tasker Woods
Trip Generation Summary
ITE
Code
Land Use
Amount
In
AM Peak
Out
Hour
Total
In
PM Peak Hour
Out Total
ADT
210
Single -Family Detached
120 units
23
70
93
80
47 126
1,200
230
Townhouse/Condo
199 units
15
74
90
71
35 106
1,731
820
Retail
179,000 SF
135
87
222
441
478 919
9,915
Total Tris
174
231
405
1 592
560 1 151
1 12,846
Page 1 of 11
Patton Harris Rust & Associates, pc Addendum
To: Susan Eddy
Page 2of7
TRIP DISTRIBUTION AND TRIP ASSIGNMENTS
The distribution of trips was based upon local travel patterns for the roadway network
surrounding the proposed Tasker Woods development. PHR+A utilized the trip distribution
percentages shown in Figure 1 to assign the proposed Tasker Woods trips (Table 2) throughout
the study area roadway network. Figure 2 shows the respective development -generated ADT
and AM/PM peak hour trip assignments.
2010 BUILD -OUT CONDITIONS
The Tasker Woods assigned trips (Figure 2) were then added to the 2010 background traffic
volumes (consistent with the January 2006 report) to obtain 2010 build -out conditions. Figure 3
shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations
throughout the study area. Figure 4 shows the respective 2010.build-out lane geometry and
AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are provided in
the Appendix section of the report.
Engineers • Surveyors • Planners • Landscape Architects
Patton Harris Rust & Associates, pc Addendum
To: Susan Eddy
Page 3of7
Figure 1
Tripe Distribution Percentage,
Engineers • Surveyors • Planners • Landscape Architects
Patton Harris Rust & Associates, pc Addendum
To: Susan Eddy
Page 4of7
No Scale
�l
a
d ,
Macedonia ��qJ
hurch Rd -3(S dS
MOP
Macedonia (-huch Rd Site -Drive
r
0
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(rA8J93 ����h
ro
Oma 7 a
3r
b
N Tdr�
erg `
Taske �� °ad i
r kOad
�"
s
AM Peak Hour (PM Peak Hour)
nT TP+A
ff
Figure 2 Development -Generated Trip Assignments
Engineers • Surveyors • Planners 9 Landscape Architects
Patton Harris Rust & Associates, pc Addendum
To: Susan Eddy
Page 5of7
No Scale w
oa
�1-
(42)54w �I
(30)41
r w
.n w
� J
d
n
Macedo1
Church Rd
(9)19= 9 (74)
(5)3
(6)13
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pati ti�1
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p
C''
SITE
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ry
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ti
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(770)8343� 1
�8(26�31
(42)6o`�► f j 1 "��o
AM Peak Hour (PM Peak Hour)
nT TP+A
Figure 3 2010 Build -out Traffic Conditions
Engineers • Surveyors 9 Planners • Landscape Architects
Patton Harris Rust & Associates, pc
Unsignalized
intersection
No Scale r l l
*(D'�t X11
d
Unsignalized
¢� tersection
Q Unsignalized
Macedonia Intersection
Church Rd
C)
Unsignalized
Intersection SITE
b
Taker Road` O *�JUnsignalized
*(B)q B(q)* sem; Intersection
�1► 8
4`
A
Signalized
"en
Improvements"
Intersection
Signalization
LOS—C(C)
SB- Right Turn
=� a
of
T Sker�
a
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e
InteiSeCllon Improvements"
Signalization
LOS=C(C) SB - 1 Left
WB - 1 Right
`C1
�!G
i� � 19rC
J
Addendum
To: Susan Eddy
Page 6 of 7
Signalized "Suggested
lntet'Seetlon Improvements"
LOS=C(C) Signalization
Signalized I "Suggested
[Iltet'SeetiOn Improvements"
LOS=C(C) Signalization
�O
�1Z ��
� N
(C")C
1 Unsignalized
Intersection
*(F)F j t
�.
* Denotes critical unsignalized movement
AM Peak Hour (PM Peak Hour)
Figure 4 2010 Build -out. ]Lane Geometry and Levels of Service
Engineers • Surveyors • Planners • Landscape Architects
Patton Harris Rust & Associates, pc Addendum
To: Susan Eddy
Page 7of7
CONCLUSION
The traffic impacts associated with the revised Tasker Woods development are acceptable and
manageable. All intersections, except Tasker Road/Mercel Drive intersection, would maintain
levels of service consistent with the January 2006 report. The improvements suggested at the
intersections of Route 522/Tasker Road, Route 522/Macedonia Church Road and White Oak
Road/Tasker Road are consistent with the January 2006 report. The following reiterates the
suggested intersection improvements.
• Route 522/Tasker Road: Traffic signalization will be required.
• Route 522/Macedonia Church Road: Traffic signalization will be required.
• White Oak Road/Tasker Road: Traffic signalization and separate southbound right -turn lane
will be required.
• Mercel Drive/Tasker Road: Traffic signalization and separate southbound left -turn lane and
westbound right -turn lane will be required.
Engineers • Surveyors • Planners 9 Landscape Architects
A Traffic Impact Analysis of the
Tasker Woods
Located in:
Frederick County, Virginia
Prepared for:
Morlyn LLC
22A Ricketts Drive
Winchester, VA 22601
Prepared by:
Patton Harris Rust & Associates, pc
Engineers. Surveyors. Planners. Landscape Architects.
300 Foxcroft Avenue, Suite 200
Martinsburg, West Virginia 25401
HNAT 304264.271 1
F 304.264.3671
February 2, 2006
J
OVERVIEW
Report Summary
Patton Hams Rust & Associates, pc (PHR+A) has prepared this document to
Present the traffic impacts associated with the proposed Tasker Woods development
located along the northwest quadrant of the intersection of Route 522/Tasker Road in
Frederick County, Virginia. The proposed development is to be comprised of 120 single-
family detached units, 199 townhouse units and 179,000 square feet of office. Access will
be provided via Route 522, Tasker Road and Macedonia Church Road. Build -out will
occur over a single transportation phase by the year 2010. Figure 1 is provided to illustrate
the location of the proposed Tasker Woods development with respect to the surrounding
roadway network.
Methodology
The traffic impacts accompanying the Tasker Woods development were obtained
through a sequence of activities as the narratives that follow document:
• ' Assessment of background traffic including growth rates and other planned projects in
the area of impact,
• Calculation of trip generation for the proposed Tasker Woods development,
• Distribution and assignment of the Tasker Woods development generated trips onto the
completed study area road network,
• Analysis of capacity and level of -service using the latest version of the highway
capacity software, HCS -2000, for existing and future conditions.
EXISTING CONDITIONS
Patton Harris Rust & Associates, pc (PHR+A) conducted AM and PM peak hour
manual turning movement counts at the intersections of Route 522/Macedonia Church
Road, Route 522/Clydesdale Drive, White Oak Road/Macedonia Church Road, White Oak
Road/Tasker Road, Route 522/Tasker Road and Mercer Drive/Tasker Road. ADT
(Average Daily Traffic) was established along each of the study area roadway links using
an average "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic
volumes) of 8% as determined from the Virginia Department of Transportation (VDOT)
traffic count data
Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key
locations throughout the study area network. Figure 3 shows the respective existing lane
geometry and AM/PM peak hour levels of service. All traffic count data and HCS -2000
levels of service worksheets are included in the Appendix section of this report.
A Traffic impact Analysis of_Tasker rood's
PH
1� Project Number: 14076-1-0
February 2, 2006
Page 1
No Scale
/ZK
l �1 t1
Figure T Vicinity Map - Tasker Woods, Frederick County, Virginia
PHR1�
A Traffic cc Im act Anal sis o Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 2
daif
_
d' ��" Rt �• � F
��� - �
��
�'.� FCS
/ZK
l �1 t1
Figure T Vicinity Map - Tasker Woods, Frederick County, Virginia
PHR1�
A Traffic cc Im act Anal sis o Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 2
No Scale o
w�
JWN
Ll
(42)541
(3 0)41 r
N �
a
� �
L 2 r`'o
Maonia ced2 rjY J?c
Church Rd J
`
�=
r�
(6)13�, R � J JorJrs
1 `161,a,1
1
1
Macedonia Church Rd / Site
SITE ;
a
"a
r5 �.
� rI9J8 s�
j 8SJ
4 q �
R` ,moi
dip
(17) °aQ
TkerROa ��
rr
81 1g
(13g)25g )200�� �`14(18)J
i�•
i
2s
,(25)46
6,115 '
AM Peak Hour (PM Peak Hour)
Figure 2 Existing Traffic Conditions
A Traffic Impact Analysis of Tasker Woods
PH
J� Project Number: 14076-1-0
February 2, 2006
Page 3
No Scale
j UInntersignalized
section
*�>.� Ott
N
Unsignalized
* Intersection
Q
�Q Unsignalized
Macedonia �► Intersection
Church Rd
�(R)B z7
x
Macedonia 1Site
-De
Church Rd __--_—I
-' SITE ;' a
Unsignalized
Intersection
� q 9
rqJ�
.�� Unsignalized
Intersection
ZY
Unsignalized
I�C� O Fere ` Intersection
Tasker i °J oaf 7
Road
*(�)C
* Denotes critical unsignalized movement
AM Peak Hour (PM Peak Hour)
nT TP+n
Figure 3 Existing Lane Geometry and Levels of Service
A Trak Impact Analysis of Tasker Woods
Project Number: 14076-1-0
I'
R+A
February 2, 2 e 4H
Page 4
2010 BACKGROUND CONDITIONS
PHR+A increased the existing traffic volumes along Route 522, Tasker Road and
White Oak Road using a conservative annual growth rate of four percent (4%) per year
through Year 2010 based upon published VDOT historical traffic count data. In order to
incorporate trips associated with the specific future "other developments" located within
the vicinity of the. proposed site, PHR+A utilized the following reports: 1) Traffic Impact
Analysis for the Home Depot Distribution Center @ Eastgate, by Vettra Company, dated
October 2002; 2) A Phased Trq62c Impact Analysis of Crosspointe Center, by PHR+A,
dated September 2003; 3) A Tragic Impact Analysis of Freedom Manor, by PHR+A, dated
July 2004; 4) A Phased Tratfic Impact Analysis of the Villages at Artrip, by PHR+A, dated
December 2004 and 5) A Tradic Impact Analysis of Cedar Meadows, by PHR+A, dated
April 2005., Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE)
Trip Generation Report, PHR+A has provided Table 1 to summarize the trip generation
for the "other developments" surrounding the site.
Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes
at key locations throughout the study area network. Figure 5 shows the corresponding
2010 background lane geometry and AM/PM peak hour levels of.service. All HCS -2000
levels of service worksheets are included in the Appendix section of this report.
PHR-A
A Traf e Impact Analysis of Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 5
Table 1
2010 "Other Developments'
Code Land Use
Amount
AM Peak Hour
In Out
Total
In
PM Peak Hour
Out
Total
ADT
Background Development # 1
Home Depot Distribution Center - Phase 21
927
150 Warehousing
252,000 SF
65
14
79
21
62
82
Background Development # 2
The Shenandoah -Phase 2Z
478
336
814
704
773
1,477
17,094
--- Mixed Land Use
--
Background Development # 3
Development West of Site on Tasker Road
165
219
182
107
288
3,000
210 Single -Family Detached
300 Units
55
Background Development # 4
Wakeland Property
Retail
80,000 SF
84
53
137
259
281
540
5,874
820
Background Development # 5
#11 Elementary School and Admiral Byrd Middle School
2
5
6
826
520 Elementary School
640 stud_
110
76
186
391
66
61
128
1,377
522 Middle School
850 stud.
223
168
Background Development # 6
Freedom Manor
23
70
93
80
47
126
1,200
210 Single -Family Detached
120 units
Background Development # 7
522 Ventures '
820 Retail
94,743 SF
92
59
152
290
314
604
6,557
(8.7 acers @ 0.25 FAR)
Background Development # 8
Cedar Meadows
251 Elderly Housing - Detach
140 units
14 23 37
,,..a .., 0c� nnn cG
38
24
63
721
Note 1: The existing Home uepor uisrnouuan Cnici w. -F-1 -1 ---1-- - --
Note 2: Trip generation values are taken directly from the report: Home Depot Distribution Center @ Eastgate
PHR�
A Tra{fclmpactAnalysis of Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 6
Table 1 (cont.)
2010 "Other Developments
Trip Generation Summary
Code Land Use
Amount
AM Peak Hour
PM Peak Hour
ADT
In
Out
Total
In
Out
Total
Background Development # 9
Artrip (Phase 2)
Land Bay A
210 Single -Family Detached
102 units
20
60
81
69
40
109
1,017
230 Townhouse/Condo
438 units
29
140
168
135
67
202
3,811
820 Retail
10,000 SF
24
15
39
66
71
137
1,520
Land Bav B
210 Single -Family Detached
37 units
9
27
36
28
16
44
373
Land Bay C
488 Soccer Complex
3 field
2
2
4
43
19
62
214
Total Tris
84
244
328
340
214
554
6,935
Total Internal
1
1
2
16
16
31
107
Total Pass -by
0
0
0
0
0
0
0
Total "New Trips"
83
243
326
325
198
523
6,828
Background Development # 10
Crosspointe Center (Phase 2)
210 Single -Family Detached
775 units
138
414
552
435
245
679
7,750
230 Townhouse/Condo
200 units
15
74
89
73
36
109
1,740
253 Elderly Housing - Attach
100 units
4
3
7
6
4
10
348
710 Office
90,000 SF
151
21
171
31
150
180
1,224
820 Retail
440,000 SF
236
151
386
801
868
1,669
17,673
Total Tris 1
544
661
1205
1,346.
1,302
2,648 1
28,735
Totallntemal
80
80
159
330
330
660
6,954
Total Pass -by
29
29
58
125
125
250
2,651
Total "New Trips"
435
553
988
890
847
1,737
19,130
Total Background Trips
11661
1,761
3,423
2,856
2,718
5,575 1
63,534
PHRn
A Traffic InxpaclAnalysis of Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 7
No Scale
Macedonia
-I-
/
rrr
of a�
CJS �s
0
(' A) 6 0'i
� a
J 2��
1 J
�p?J
f
b
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L
1 L
1
I
1 Site -Drive
I 1
1
I I
-�
SITE
,
rl9,19
O
�
Qi
.v �
4
r I
z o
■ �ar�JalJ
ti h
aslcer')
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(92
)60
i' it
q
\ �q`bo
r'
of a�
(' A) 6 0'i
� a
�p?J
f
AM Peak Hour (PM Peak Hour)
M.
IFigure 4 2010 Background Traffic Conditions
PHR1�
AA Trac Impact Anal sis o11 asKer vvoousImpactAnal sis of 1 asKer vvaou�
Project Number: 14076-1-0
February 2, 2006
Page 8
No Scale
IQ
edonia
*ch Rd a A
(Bj
o Q
Q`
Macedonia
a a
Improvements"
�AtCrSCCtlOil
Signalization
L�]
SB - Right Turn
Taslr ��
.�0'L
.,. ,�•�•�-Its
. L) jry.
ON
Unsignalized
j 1 , Unsignaliz
eced
Interstion
*(C).� Ott
Unsignalized
Intersection
°
r
r
° Site Drive
SITE
,
0 Unsignalized
Intersection
Q4 !�
� T
�Sker
4
—.0d.r
ad s
A(I�»
)NY 1 ��
Unsignalized #
Intersection
* Denotes critical unsignalized movement
AM Peak Hour (PM Peak Hour)
Figure 5 2010 Background Lane Geometry and Levels of Service
A Traffic Impact Analysis of Tasker Woods
PH] � ProjectNumber: ry 2,21-0
February 2, 2 e 9
Page 9
TRIP GENERATION
PHR+A determined the number of trips entering and exiting the site using
equations and rates provided in the 7a' Edition of the Institute of Transportation Engineers'
(ITE) Trip Generation Report. Table 2 was prepared to summarize the total trip
generation associated with the Tasker Woods development.
Table 2
Proposed Development: Tasker Woods
Tr;- (_nn Prafi nn gnmmary
ITE
Land Use
Code
Amount
In
AM Peak Hour
Out
Total
In
PM Peak Hour
Out
Total
ADT
210 Single -Family Detached
120 units
23
70
93
80
47
126
1,200
230 Townhouse/Condo
199 units
15
74
90
71
35
106
1,731
710 Office
179,000 SF
263
36
299
47
232
279
2,089
Total Tris
302
180
482
198
313
511
5,020
TRIP DISTRIBUTION AND TRIP ASSIGNMENTS
The distribution of trips was based upon local travel patterns for the roadway
network surrounding the proposed Tasker Woods development. PHR+A utilized the trip
distribution percentages shown in Figure 6 to assign the proposed Tasker Woods trips
(Table 2) throughout the study area. Figure 7 shows the respective development -generated
ADT and AM/PM peak hour trip assignments.
2010 BUILD -OUT CONDITIONS
The Tasker Woods assigned trips (Figure 7) were then added to the 2010
background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8
shows the 2010 build -out ADT and A4/PM peak hour traffic volumes at key locations
throughout the study area. Figure 9 shows the respective 2010 build -out lane geometry
and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are
provided in the Appendix section of the report.
P H R+A
A Trak Impact Analysis of Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 10
1 1
Figure 6
PHR1�
Trip Distribution Percentages
A Traffic Im act Anal sts o Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 11
No Scale o
w�
�1
(31)18 �� � ■
o
a
d�
d
Macedonia
Church RdJas `
I8r31) I 71
Cto �
o
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o
Gam,
SITE
a�1
ro `1
t
Q.
O 1 ;i
ti
Tasker , soda
()30
30
)Q5�
AM Peak Hour (PM Peak Hour)
Figure 7 Development -Generated Trip Assignments
A Traffic Analysis of Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 12
M
^ W
No Scale "
o�
CA N
W O
�1
(73)72 P
(30)41
r �
r W
j
a �
i
N
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`.o � ryyry b
L L
Macedonia Church Rd Site Drive
Gam,
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a
b ' ro-6j"�Jgs
o� r23�so
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(146)273 ad
r��8(z J94�
)83�
(42)60 �I 69
AM
0 1
1 a o 7769 w 1�
AM Peak Hour (PM Peak Hour)
Figure 8 2010 Build -out Traffic Conditions
A Traffic Impact Analysis of Tasker Woods
PHP ProjectNumber: ry 2,2 1-0
February 2, 2013
Page 13
1
No Scale
Unsignalized
Intersection
* Denotes critical unsignalized movement
AM Peak Hour (PM Peak Hour)
Figure 9 2010 Build -out Lane Geometry and Levels of Service
PHRn
A Trac Impact Ana lvsis of Tasker Woods
Project Number: 14076-1-0
February 2, 2006
Page 14
CONCLUSION
The traffic impacts associated with the proposed Tasker Woods development are
acceptable and manageable. The intersections of Route 522/Tasker Road, Route
522/Macedonia Church Road and White Oak Road/Tasker Road will maintain constrained
peak hour levels of service "F" during both 2010 background and build -out conditions,
suggesting a negligible impact from the proposed development. Improvements are
suggested for the aforementioned intersections to maintain acceptable levels of service "C"
or better, as shown in Figures 5 and 9, during 2010 background and build -out conditions,
respectively. The unsignalized intersections of Route 522/Clydesdale Drive and Tasker
Road/Mercer Drive will maintain levels of service "D" or better during build -out
conditions. Signalization at these intersections will likely not be warranted.
The following reiterates the suggested intersection improvements.
Route 522/Tasker Road: Traffic signalization will be required.
• Route 522/Macedonia Church Road: Traffic signalization will be required.
• White Oak Road/Tasker Road: Traffic signalization and separate southbound right -turn
lane will be required.
PHi�n
A Traffic Impact Analysis of Tasker Woods
- Project Number: 14076-1-0
February 2, 2006
Page 15
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
Tobe completed by Planning ,Staff o®
Fee Amount Paid jA
Zoning Amendment Number Date Received
PC Hearing Date BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicants:
Name: Patton Harris Rust & Associates Telephone: (540)667.2139
Address: 117 East Piccadilly Street
Winchester. Viraiinia 22601
2. Property Owner (if different than above)
Name: Allden, LLC Telephone: 703.820.2500
Address: 2800 Shirlington Rd, Ste 803
Arlington, VA 22206
3. Contact person(s) if other than above
Name: Patrick Sowers
Telephone: (540) 667.2139
4. Checklist: Check the following items that have been included with this application.
Location Map
Plat
Deed of property
Verification of taxes paid
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
1
5. The Code of VirLyinia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Taylor -Grace, LLC (Denver Quinnlley, Principal)
Hudmare II, LLC (Allan Hudson, Principal)
6. A) Current Use of the Property:
B) Proposed Use of the Property:
Vacant
SF Detached SF Attached and Commercial
7. Adjoining Property: SEE ATTACHED.
PARCEL ID NUMBER USE
ZONING
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers).
North of Tasker Road (Route 642) East and South of Macedonia Church Road
and west of Front Royal Pike (Route 522).
0a
Tasker Woods
Property Owner Designation
(within V2 mile radius of property)
Tax ID #
Name
Address
Zoning
Use
76 -A -31A
Macedonia Cemetery Assoc.
1941 Macedonia Church Road, White Post, VA 22663
RA
Religious
76-A-32
76-A-86
Macedonia Methodist Church
George E. Bagley
1941 Macedonia Church Road, White Post, VA 22663
2000 Macedonia Church Road, White Post, VA 22663
RA
RA
Religious
Residential
76-A-85
Lane M. Reed
2456 Front Royal Pike, Winchester, VA 22602
RA
Residential
76 -A -49D
Isabelle Kastak
2490 Front Royal Pike, Winchester, VA 22602
RA
Residential
76-A-84
Harry E & Phyliss J. Saville
2492 Front Royal Pike, Winchester, VA 22602
RA
Residential
76 -A -49B
Minne Mae Butler
2584 Front Royal Pike, Winchester, VA 22602
RA
Residential
76 -A -49C
Roger L. & Joan F. Strosnider
2606 Front Royal Pike, Winchester, VA 22602
RA
Residential
76 -A -49A
David S. & Pamela B. Lehr
2678 Front Royal Pike, Winchester, VA 22602
RA
Residential
76-A-51 C
Clifton R. Strosnider
173 Armel Road, Winchester, VA 22602
RA
Residential
76-A-48
Betty J. Tinsman
1804 Macedonia Church Road, White Post, VA 22663
RA
Residential
76 -A -47B
William &Loretta Heflin
113 Tadpole—
Lane, White Post, VA 22663
RA
Residential
76-A-36
Richard & Catherine Palmer
1789 Macedonia Church Road, White Post, VA 22663
RA
Residential
76-A-35
Wayne E. Wilkins
1847 Macedonia Church Road, White post, VA 22663
RA
Residential
76-A-34
Gary E. Whitacre
1861 Macedonia Church Road, White Post, VA 22663
RA
Residential
76-5-55
Glen M. & Hattie P. Borrer
1873 Macedonia Church Road, White Post, VA 22663
RA
Residential
76-5-59
Elizabeth Properties, LC
P.O. Box 480, Stephens City, VA 22655
RA
Residential
76-5-61
Elizabeth Properties, LC
P.O. Box 480, Stephens City, VA 22655
RA
Residential
76-5-62
Elizabeth Properties, LC
P.O. Box 480, Stephens City, VA 22655
RA
Residential
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick County
Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick
County, Virginia. I (we) authorize Frederick County officials to enter the property for site
inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at the front
property line at least seven days prior to the Planning Commission public hearing and the Board of
Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the
hearing.
I (we) hereby c ify that ispplircati and its accompanying materials are true and accurate to
the best of my ( u kii l dge '111
Applicant(s) vw Date �` O
Date 5 to t
4
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
Know All Men By Those Present: That I (We)
(Name) Allden, LLC (Phone)
(Address) 2800 Shirlington Road, Ste 803 Arlington, VA 22206
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 Year: 2004 Instrument Number: 4069
Deed Book on Page and is described as
Parcel: 49 & 48A Lot:—Block: A Section: 76 Subdivi
do hereby make, constitute and appoint:
(Name) Charles Maddox, Patrick Sowers, John Callow, Clay Athey, Ron Mislowsky (Phone) 540-667-2139
'Address) 117 E. Piccidilly Street Winchester, VA 22601
fo act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
X Rezoning (including proffers)
_ Conditional Use Permits
X Master Development Plan (Preliminary and Final)
X Subdivision
X Site Plan
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, ort' it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my (our) hand a sea lA is 27 h day anua , 2006,
Signature(s) UJUlLAl1 KfLLf,
State of Virginia, City/Go uui;t of
K
th"Af)Q-
I,
` S - `a,l 1 - a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me
and ha acknowledged the same before Me in the jurisdiction aforesair_1 this �Y' day of 1 C f ; 206.
h&t�LiCC�--)JO �f;-.....r Q Nyl7unission Expires: V�
'votary Public ,( "•,
�
Soo
i ` • i� 2W
O� r r• A
% a
N63'05'01'W 17.44
Ay ,
y
i
TOTAL AREA:
79.178 ACRES
LRE TABLE
LRE
BEARIM
LENGTH
L1
S5V38'41'E
60.00'
L2
S86 -14'48-E
123.32'
L3
S06'4039'E
30.61'
L4
523130311E
87.30'
LS
S43'41'14'E
31"'
L6
S13.31'421V
29.43'
L7
S80'13'12R
69.33'
C
'' `83_31ti38•E X18.1
S79'45'10"E 100.08
RA TO RP
60.281 ACRES
4'SM 179.89
RA TO B2
18.897 ACRES
123.45
CARVE
Cl
I DELTA I
90'00'00'
CURVE TABLE !
RADUA-1 LENGTH I TANGENT I BEARING I CHORD 560'38'41'E 124.74
40.00 6283 4000 5051381411E 36.37 J!
C2
C3
89'3939'
1 77.20'07'
4030 32.83 4030 N94'21.20'E 5677
12640 I 170b1 I IOL13 1 w-46'S9•V 13733
,41
C4
C3
1 37-20'28'
4'58'20'183w
27&33IOL53 94.12 N79.361361E 178.33
1
15.921 737 1 N56•l0'24'E 1 1592
_8212`54_W
,
TA S1, WOODS
Patton, Harris, Rust & Associates,
\
pc
Ii:
w
Qi
I
ZONING BOUNDARIES
117 E. Picadilly St. Winchester, Virginia 22601
p
VOICE: (540) 667-2139 FAX: (540) 665-0493
a
A
FREDERICK COUNTY, 14RGINI4
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MASTER DEVELOPMENT PLAN #09-06
WAKELAND PROPERTIES
Staff Report for the Planning Commission
Prepared: August 18, 2006
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: 09/06/06 Pending
Board of Supervisors: 09/27/06 Pending
LOCATION: The properties are located east and adjacent to Front Royal Pike (Route 522)
approximately 280 feet south of the Papermill Road intersection.
MAGISTERIAL DISTRICT. Shawnee
PROPERTY ID NUMBER: 64-A-29 and 64-A-30
PROPERTY ZONING & PRESENT USE:
Zoned: B2 (General Business) District Use: Residential and Vacant
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North:
RA (Rural Area)
Use:
Residential
South:
MHl Mobile Home Community
Use:
Residential
East:
MH1 Mobile Home Community
Use:
Residential
West:
RA (Rural Area)
Use:
Vacant
PROPOSED USE: Commercial
MDP #09-06, Wakeland Properties
August 18, 2006
Page 2
REVIEW EVALUATIONS:
VirLdnia Department of Transportation: Previous VDOT comments have been addressed.
The Master Development Plan is acceptable to VDOT.
Frederick County Fire Marshal: Roadways must remain clear for emergency vehicles during
and after construction. Water supply for firefighting purposes must be in place prior to
construction materials arriving. Plan approval recommended.
Frederick County Public Works: The revised MDP dated March 26, 2006 has adequately
addressed our review comments dated March 8, 2006. Consequently, we grant our approval of
the subject MDP assuming that comments #3 and 4 will be incorporated in the site plan design.
Frederick County Sanitation Authority: There is adequate water and sewer capacity to serve
this site. 2nd review
Frederick County Inspections Department: Demolition permit required prior to removing
structures. No additional comments required at this time.
Frederick County — Winchester Health Department: Health Dept. has no objections so long
as public water and sewer are utilized.
GIS Department: The road name "Crossroads Drive" has been added to the Frederick County
Road Naming and Structure Numbering System.
Winchester Regional Airport: The proposed Master Plan for Wakeland Properties appears to
be in conformance with the Frederick County Comprehensive Policy Plan which is compatible
with airport operations. It appears that this master plan will not impact business operations of
the Winchester Regional Airport.
Department of Parks and Recreation: No comment.
Frederick County Public Schools: Based on the information provided that states no residential
units will be part of the master plan, there will be no impact on the school division.
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.
MDP #09-06, Wakeland Properties
August 18, 2006
Page 3
B) Location
The properties are located east and adjacent to Front Royal Pike (Route 522)
approximately 280 feet south of the Papermill Road intersection.
C) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies
this property as being zoned A-2 (Agriculture General). The County's 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
property and all other A-1 and A-2 zoned land to the RA District. These two parcels
were then rezoned by the Frederick County Board of Supervisors to the B2 (Business
General) District on August 10, 2005 (REZ# 10-05) with proffers.
D) Intended Use — Commercial
E) Site Suitability & Project Scone
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:
The parcels comprising this rezoning application are located within the County's Sewer
and Water Service Area (SWSA), and the Urban Development Area (UDA). This site is
within the boundaries of the Southern Frederick Land Use Plan of the Comprehensive
Policy Plan. The Southern Frederick Land Use Plan does not identify any specific land
use for this site.
Environment:
The site does not contain any environmental features that would either constrain or
preclude site development. In particular, there are no identified areas of steep slopes,
floodplain or wetlands/hydrologic soils on the parcels identified in this application.
Transportation:
This site will be accessed via one entrance off of Route 522 (Front Royal Pike) as
depicted on the MDP. The road shown on the MPD (Crossroads Drive) is shown with a
temporary cul-de-sac which could be removed and the road extended when warranted by
development of the site. This MDP also shows locations for interparcel connections into
three adjacent properties.
MDP #09-06, Wakeland Properties
August 18, 2006
Page 4
Proffers:
The following list is a summary of the proffered conditions associated with the approved
Rezoning #10-05 (Dated June 10, 2005):
Land Use
• The site shall not contain more than 80,000 square feet of gross floor area,
excluding any self storage areas on the site which may have an unrestricted square
footage.
Site Development
• The site is limited to one entrance onto Route 522.
• A 20' landscaped corridor (mixed ornamental plantings) will be provided along
Route 522.
Transportation
• $19,000 will be provided for the signalization of Justus Drive and Route 522.
• Right turn lane improvements on Route 522 will be provided.
• Locations for interparcel pedestrian and vehicular connections will be shown and
preserved.
Monetary Contribution
• $2,000 to Fire and Rescue
$2,000 to the Sheriffs Office
Waivers
With this MDP application, the applicant is requesting a waiver of §165-37D(3) of the
Frederick County Zoning Ordinance to waive the 50' distance of the required zoning
district buffer against parcel 64-A-28, which is zoned RA (Rural Areas) and has a
residential use, since the applicant now owns this adjacent property. This adjacent
property is located to the north of the subject site. Section 165-37D(3) states that when
B2 land is developed against RA land used for residential purposes, a Category B
(traditionally a 50' full screen buffer) is required. The waiver option of this section states
that the Board of Supervisors may grant a waiver to reduce the required buffer distance
requirements with the consent of the adjacent (affected) property owners. The Board of
Supervisors may reduce the distance of the distance of the buffer but not the content. The
applicant is providing the required full screen landscaping against 64-A-28 (six foot berm
and three trees per ten linear feet) per the ordinance.
STAFF CONCLUSIONS FOR THE 09/06/06 PLANNING COMMISSION MEETING:
The preliminary master development plan for Crossroads Commercial Center (Wakeland
Properties) depicts appropriate land uses and appears to be consistent with the requirements of
Article XVII, Master Development Plan, of the Zoning Ordinance with the exception of the
requested waiver. The preliminary master development plan is also in accordance with the
proffers of the rezoning 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
MDP #09-06, Wakeland Properties
August 18, 2006
Page 5
Board of Supervisors. Staff would note that two actions are required for this application, one for
the zoning district buffer waiver and the other for the MDP.
Following the Planning Commission discussion, it would be appropriate to forward a
recommendation to the Board of Supervisors regarding this MDP conformance with County
codes and review agency comments as well as a recommendation on the requested waiver. All
issues and concerns raised by the Planning Commission will be forwarded to the Board of
Supervisors for their consideration.
64 A 23 RP
DURRUELER STEVE
64D A 12
64D A 16
LAYTON, JAMES A
4`
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411 64 3 A
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64 A 25
64 A 25
HALDEMAN, PAUL M JR, TRUST 64 A 24
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PITCOCK, JEAN C 64 -
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JENI COMPANY t g40 to`�' ,pry �r�,�^ 64 A 37A
2 03
BEEKMAN. EVERT JR
y 64 A 36 ' 64 A 37 \
s W ( 64 A 36B PINE HILL FARM, LLC
D `
64 A 35
BURGHOLZER, JAMES P 64 A 37
64 A 34 64 A 33 PINE HIL FARM, LLC
e� +� 64 4 B _
64 4 A
9 64 A 32
64 A 30
--- 76 A 5
it
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64 A 29 S RUSSELL, DARYL R ET ALS CO -TRUSTEES
64 A 37C
SHENANDOAH PAOtlllLE COtiET'INC. FREDERICK COUNTY SCHOOL BOARD
Suslars nr ----
76 A 2 is
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MDP # 09 0V
Urban Develsprr-t Arsa
(: V1(Industriel, Light Di—t)
-
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M2(Industrlsl, General Distric.)
Wakeland Properties
ZgiDA
MH1 (Mobile hem' Community District)
91 (Business, Nniphhorhood pistrict)
CW ME (Medical support District)
(64-A-29,30)
E2 (Business, G ... ral Distrix,)
R4 (Residenfal. Planned Community District)
0 0.025 00!i 0.1
03 (Busmass, Indusbial Tranaldon District)
41M R5 (Residential Recre.t... I Community District)
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Cr EM (cxtraofve Manufacturjng DisVlct)
RA (Rural Areas District)
NIRS
«� HE (High,,, Education District)
RP (Residenfal Pedermance District)
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coApphoation
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''FORT HILL'FARM;LP"
MDP #09-06
Wakeland Properties
(64•A-29,30)
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MDP #09-06
Wakeland Properties
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Frederick County, Virginia Master Developinent Plan Application Pack
APPLICATION
MASTER DEVELOPMENT PLAN
Department of Planning and Development Use Only
Date application received J
Complete - Date of acceptance
Incomplete - Date of Return
1.
2.
3.
Project Title: Wakeland Properties
Owner's Name: Wakeland Manor Land Trust
Application # 01- P
300 Craig Drive
Stephens City, Virginia 22655
*Please list the names of all owners or parties in interest:
Rex L. Wakeman
Applicant: Patton Harris Rust & Associates, pc _
Address: c/o Tom Price
117 E. Piccadilly St., Winchester, VA 22601
Phone: (540) 667-2139
4. Design Company: Patton Harris Rust & Associates, pc
Address: 117 E. Piccadilly Street
Winchester, VA 22601 _
Phone Number: (540) 667-2139
Contact Name: Tom Price
Frederick County, Vir inia Master Development Plan Application Package
APPLICATION, cont'd
MASTER DEVELOPMENT PLAN
5. Location of Property: The properties is located east and adjacent Front
Royal Pike (U.S. Route 522), approximately 280
feet south of the Papermill Road intersection.
6. Total Acreage: 7.08307 Acres
7. Property Information:
a) Property Identification Number (PIN): 64-A-29 & 64-A-30
b) Current Zoning: B2
c) Present Use: Residential and Vacant
d) Proposed Use: Self -Storage, General
Commercial
e) Adjoining Property Information: See Attached
64-A-24 Unimproved RA (Rural Areas)
64-A-28 Residential RA (Rural Areas)
64-A-31 Residential RA (Rural Areas)
64-A-32 Residential RA (Rural Areas)
76-A-1 Residential MH1 (Mobile Home Comm.)
f) Magisterial District: Shawnee
8. Is this an original or amended Master Development Plan?
Original X 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 comp l prior, o the s mission of my master development plan application.
Signature: Date:
Name and
Address
Property Identification Number (PIN)
Name: Paul M. Haldeman, Jr. Trust
C/O First Bank
Property #: 64-A-24
1835 Valley Avenue
Winchester, Virginia 22601
Name: Randall S. Wallace
1375 Front Royal Pike
Property #: 64-A-28
Winchester, Virginia 22602
Name: Patrick H. Tevalt
1351 Front Royal Pike
Property #: 64-A-31
Winchester, Virginia 22602
Name: Margaret C. Willis et al
735 Red Bud Road
Property #: 64-A-32
Winchester, Virginia 22603
Name: Shenandoah Mobile Court, Ind.
1405 Front Royal Pike
Property #: 76-A-1
Winchester, Virginia 22602
Name:
Property #:
Name:
Property #:
Name:
Property #:
Name:
Property #:
Name:
Property #:
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
Know All Men By Those Present: That I (We)
(Name) Rex L. Wakeman (Phone) 540-869-3644
(Address) Wakeland Manor Inc. 300 Craig Drive Stephens City, Virginia 22655
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
Deed Book 776 on Page 685 and is described as
Parcel: 29 & 30 Lot: Block: A Section: 64 Subdivision:
do hereby make, constitute and appoint:
(Name) Chuck Maddox Patrick Sowers John Callow Tom Price Ron Mislows (Phone) 540.667.2139
(Address) PHRA 117 East Piccadilly Street Winchester Va 22601
To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
Rezoning (including proffers)
_ Conditional Use Permits
X Master Development Plan (Preliminary and Final)
_ Subdivision
X Site Plan
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness (hereof I (we)�,ave hereto set my (our)�kand and seal this day of12006 ,
Sigi7ature(s)
Nal -010 -
State
of Virginia,City/County of_1A/;ly '&tci't U iEl ,To-wit:3C1� L nlwk�r►�,a n)
I Mn � A C ( /IEbgM yt t 44" a Notary Public in and for the jurisdiction
afor esid, certify that the person(s) who signed to the foregoing instrument persona_ lly appeared before me
and has acknowledged the same before me in the iurisdiction aforesaid this day of r-L-�h-200 �P.
My Commission Expires: /7,-6 :9, 0 Q
No(ary Public
¢ox oo SUBDIVISION REQUEST # 12-06
STEPHENS City STORAGE, LLC
Staff Report for the Planning Commission
w Prepared: August 23, 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
Planning Commission: 09/06/06
Board of Supervisors: 09/27/06
LOCATION: The property is located at 623 Fairfax Pike (Route 277).
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86-5-F
PROPERTY ZONING & PRESENT USE: B-2 (Business General)
Land Use: Mini -Storage and Vacant
ADJOINING PROPERTY ZONING & USE:
Action
Pending
Pending
North: RP (Residential Performance) Use: Residential
South: B-2 (Business General) Use: Vacant
East: RP (Residential Performance) Use: Residential
West: B-2 (Business General) Use: Vacant
SUBDIVISION SPECIFICS: Subdivision of a 4.69 acre parcel into two parcels of 0.7464
acres and 3.867 acres zoned B-2 (Business General).
Subdivision Application #12-06, Stephens City Storage, LLC
August 23, 2006
Page 2
REVIEW AGENCY COMMENTS:
Department of Transportation: The application for subdivision of this property appears to
have a measurable impact on Route 277, Fairfax Pike, the VDOT facility which would provide
access to the property. Before development, this office will require a complete set of
construction plans for review. Entrances will have to be constructed to VDOT standards to allow
for safe egress and ingress of the property.
Sanitation Authority: The Authority has adequate sewer and water to serve this proposed
subdivision.
Planning: This request is for subdivision to create a 0.7464 acre parcel from a 4.6867 acre
parcel. The proposed 0.7464 acre parcel and 3.8664 residue parcel are zoned B-2 (Business
General). The applicant has dedicated 0.0739 acres for right-of-way for future improvements to
Fairfax Pike (Route 277). Access to the new parcel and residue will be via a private 50 foot
ingress/egress from Fairfax Pike (Route 277).
Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General
Business) Zoning District without an approved Master Development Plan (MDP) be presented to
the Board of Supervisors for final approval (Chapter 144-12-B). This proposed subdivision has
met the requirements for a waiver from the MDP requirements; and has been granted a waiver of
the MDP requirements. The design elements associated with the MDP have not been waived.
Therefore, Planning Commission and Board of Supervisors review and action on this
Subdivision request is necessary.
STAFF RECOMMENDATION FOR 09/06/06 PLANNING COMMISSION MEETING:
Staff is seeking administrative approval authority; therefore, a recommendation from the
Planning Commission to the Board of Supervisors regarding the subdivision request is desired.
All issues and concerns raised by the Planning Commission will be forwarded to the Board of
Supervisors for their consideration.
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J1 U L 3 1 2006
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY, VIRGINIA
Date:�( / 16(, Application # /J — Q MDP? Yes "— No
If no, had requirement been waived by the Planning Director? _ Yes i/� No
If MDP requirement has not been waived, fill in the following public hearing c es:
Planning Commission: (� (� r Board of Supervisors: <( c
Applicant/Agent:
Address:
Phone Number:
Owner's Name:
Address:
Phone Number:
'`'i F 7��1.
s'
R. C
Sia - 7 9 2 5V 0 30,3 L' 115
G,._7zz-aa�r o(/z, , 5k-/0 SSz /6I-�2 �er//
Please list names of all owners, principals, and/or majority stockholders:
L� l
Contact Person: O -L d i l u
Phone Number:
NAME OF SUBDIVISION:
Number of Lots:
Property Location: f �, // cam,` a --�
Total Acreage:
_ y
A n n ,) i f— — J911 f'- u
(Give State Route # and name, dis ance and Airection from intersection)
Magisterial District: (Ore_ q%� otj
Property Identification Number (P.i.N.): 5F
(Parent Tract)
Property zoning and present use:�.�r,?Vn 4 _ GGGA
Adjoining property zoning and use: kl�
Has a Master Development Plan been submitted for this project? Yes No
If yes, has the final MDP been approved by the Board of Supervisors? i ---'Yes No
What was the Master Development Plan title? t2 Tt3�tl
Does the plat contain any changes from the approved MDP? Yes _X_No
If yes, specify what changes: %N I) t &TS
Minimum Lot Size (smallest lot): 1 7 C20
Number and types of housing units in this development: AY -14-
I have read the material included in this package and understand what is required by the
Frederick County Planning Department. I also understand that all required material will
be complete prior to tAp submission ofmy sileplan.
Signature:
Date:��%�
c
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VICINITY MAP SCALE 1" = 2000'
PARENT TRACT INFORMATION: TAX ID /f: 86-((5))-F ZONED: 82 USE MINI -STORAGE
OWNER'S CERTIFICATE
THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND, 4.6867 ACRES STANDING IN
THE NAME OF STEPHENS CITY STORAGE, L.L.C., IS WITH THE FREE CONSENT AND IN ACCORDANCE
WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
NOTARY -
STATE OF
EtFY / COUNTY
1
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 51 (2) 1 Q `p
—T
(DATE)
BY Do-,Ao l d G. 6fot 4,
(OWNER'S NAME)
y
(NOTARY) Anja, �sc�, MY COMMISSION EXPIRES i 0
APP S. -
V1 GINA DE RTMENT OF TRANS RATION DATE
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE
SURVEYOR'S CERTIFICATE.
I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL SUBDIVISION PLAT IS ALL OF
THE LAND CONVEYED TO STEPHENS CITY STORAGE, L.L.C., BY DEED DATED JULY 29, 2002, AND
RECORDED IN THE OFFICE OF THE CLERK OF THE FREDERICK COUNTY CIRCUIT COURT AS
INSTRUMENT NUMBER 020012633.
DARREN S. FOL TZ,
FINAL SUBDIVISION PLAT - 4.6867 ACRES
OF
STANDING IN THE NAME OF
STEPHENS CITY STORAGE, L.L.C.
OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DATE: APRIL 12, 2006 SCALE: 1" - 100' 1 FILE#: 03-014
DARREN S. FOLT
Foltz Land Surveying, Inc.
SHEET
NO, 2257
�qN H
SURVE
P.O. Box 23 Stephens City, Virginia 22655
1
Phone #: 540-323-1497 Fax y: 540-868-2963
3
3
email: foltz®visuallink.com
nV rr uiunniiv�r -•-• -• ---
AREA TABULAnON.
LOT 1 = 0.7464 ACRES
LOT 2 = 3.8664 ACRES
R/ DEDICATION = 0.0739 ACRES
TOTAL AREA = 4.6867 ACRES
NOTES:
1. NO TITLE REPORT FURNISHED. EASEMENTS
OTHER THAN SHOWN MAY EXIST.
2. NO PORTION OF THIS PROPERTY LIES WITHIN
THE 100 YEAR FLOOD ZONE AS SHOWN ON
F.I.R.M. PANEL 1510063-0200-B,
DATED JULY 17, 1978.
J. DEED REFERENCE INSTRUMENT j 020012633.
4. PLAT REFERENCE.' DEED BOOK 482 PAGE 798.
5. TAX ID REFERENCE TAX MAP 86-((5))-F
6. PROPERTY CORNERS ARE IRON REBAR SET
UNLESS NOTED OTHERWISE.
LEGEND:
IRF = IRON REBAR FOUND
BRL = BUILDING RESTRICTION LINE
H
FINAL SUBDIVISION PLAT - 4.6867 ACRES
STANDING IN THE NAME OF
STEPHENS CITY STORAGE, L.L.C.
OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DATE: APRIL 12, 2006 SCALE: 1" = 100' 1 FILE#: 03-014
DARREN S. FOLT
NO. 2257
Foltz Land Surveying, Inc.
2J � 9•
SHEET
<q�o SURVEYOR-
P.O. Box 23 Stephens City, Virginia 22655
02F
Phone J: 540-323-1497 Fax 1: 540-868-2963
3
email: foltz®visuallink.com
TM 86D-((3))-(2)-5
HABEL, JAMES M.
DB 931 PG 1869 TM 86D-((3))-(2)-4
JONES, LORETTA E.
IRF W/CAP I DB 931 PG 1579
S
A6�4Og" E
`O I I ?49„ js• IRF W/CAP
JR, IINA' k I I
I l EA EM AST I I I
\ I I
LOT 2
3.8664 ACRES
/ / I
TM 86-((5))-H 20' PRIVATE
SHIFLETT, DONALD R. / / SEWER ESMT. 20' DRAINAGE
DB 482 PG 802 / EASEMENT
-1 44
/
�c"�
Ci
TM 86-((5))-G
SHIFLETT, JOHN B.
C-)
S
6'9-
LOT
94LOT 1
% 0.7464 ACRES
.50'
�¢
FA/RFA'r "llf-e IRF W/CAP LINE BEARING DISTANCE
Ll N 62'10'51 " W 59.30'
L2 N 75'42'04 " W 99.37'
0.0739 ACRES HEREBY L3 N 10'5625" E 64.24'
DEDICATED TO THE L4 N 73' 13 39 "W 219.65'
COMMONWEALTH OF VIRGINIA. L5 N 7542'04" W 62.19'
FINAL SUBDIVISION PLAT - 4.6867 AURES
STANDING IN THE NAME OF
nom' l., STEPHENS CITY STORAGE, L_ L. C.
OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DARREN S, LTZ
a DATE: APRIL 12, 2006 SCALE: 1" = 100' FILE#: 03-014
N0.2 7 Foltz Land Surveying, Inc. SHEET
�_1 10L P.O. Boa 23 Stephens City, Virginia 22655 OF
3
SURVE Phone ,§: 540-323-1497 Fax #: 540-868-2963 3
email: foltz®visuallmk.com 3
•
0
0
SUBDIVISION REQUEST # 10-06
CO.
WIN, LLC
Staff Report for the Planning Commission
w Prepared: August 23, 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 08/16/06 Postponed by Commission
Planning Commission: 09/06/06 Pending
Board of Supervisors: 09/13/06 Pending
LOCATION: The property fronts the northeast quadrant of the intersection between Berryville
Pike (Route 7) and Interstate 81.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54A -1-A
PROPERTY ZONING & PRESENT USE: B-2 (Business General)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: B-2 (Business General)
South: B-2 (Business General)
East: B-2 (Business General)
West: RP (Residential Performance)
Use: Vacant
Use: Commercial/Vacant
Use: Commercial
Use: Residential
SUBDIVISION SPECIFICS: Subdivision of a 30.05 acre parcel into a 6.3124 acre parcel and
a 23.74 acre parcel. Both parcels are zoned B-2 (Business General).
Subdivision Application #10-06, WIN, LLC
August 23, 2006
Page 2
REVIEW AGENCY COMMENTS:
Department of Transportation: The application for subdivision of this property appears to
have significant measurable impact on Route 7, the VDOT facility which would provide access
to the property. 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 to create a 6.3124 acre parcel from a 30.0500 acre
parcel. The proposed 6.3124 acre parcel and 23.7376 residue parcel are zoned B-2 (Business
General). This property had been zoned B-2 (Business General) when Frederick County adopted
zoning in 1967.
Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General
Business) Zoning District without an approved Master Development Plan (MDP) be presented to
the Board of Supervisors for final approval (Chapter 144-12-B). This proposed subdivision has
met the requirements for a waiver from the MDP requirements; and has been granted a waiver of
the MDP requirements. The design elements associated with the MDP have not been waived.
Therefore, Planning Commission and Board of Supervisors review and action on this
Subdivision request is necessary.
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 Berryville Pike (Route 7). This 30 acre parcel abuts
Berryville Pike (Route 7) 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.
STAFF RECOMMENDATION FOR 09/06/06 PLANNING COMMISSION MEETING:
In order for the proposed commercial lots on the WIN, 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 subdivision request is desired. All issues and concerns
raised by the Planning Commission will be forwarded to the Board of Supervisors for their
consideration.
0
City of Winch
Jr
B2
WIN, LLC 54 A 99E
FREDERICK COUNTY SCHOOL BOARD
54 A 114
LLC
MHI
4W
,, q1_16
RIND ENTERPRISES, LLC'
54 A 99B
STEIN, ROY F
'Fi
54 A 99H
ll
RIND ENTERPRISES, LLC #
WIN, LLC
54 A 106
54 5 10
(76V
JOHN—SON 'JACK j FTACS
CO,
! SAF30"
A
�54'
RP
DANSE, BARBARA G 54 A Ill
—IIF I
flay.:
f
54 2 IR
54 A 119
WINCHESTER,
fi
6i (business, Nciyhbarh"od Distract)
��'�' � MHi (Mobile Nome community District)
1 6z (business, 4cneral DislNci)
(r MS (Medical Support Dislricl)
63 (business, i,duslnal transition DiafNcl)
ieG (y"aidertliaL Hannd community District)
541 61 12A
SATJ
AN ENTERPRISES, INC
SUB # 10 - 06
WIN, LLC
(54-A99E)
0 0.025 0.05 D.1
ffm—c_amlt=��
mil-
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fk� ce4 . X 150,
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City of Winch
I f
HIDDEN VALLEY SPF, LLC 55 A 27 .F
. 1Jril, lll� J.
4
55 A 27
•.9 �� ti :✓ .t \\ J ~.. 991 �.
(Fy
54 A 99F J' f
DEVELOPMENT COMPANY OF AMERICA, LLPti-
I WIN, LLC n
WIN, LLC 54 A 99E j
a
r;
I
} RIND ENTERPRISES, LLL %yLlLF$ qA
54 A 996 0, SL
((F
STEIN, ROY F N
54 A 99H
I
S= RIND ENTERPRISES, LLC J <
54 A 106 1} 1 J
46,
cul � f
�F �r
f j
p 1q2 54 5 10
JOHNSON, JACK E ETALS
54 5 954
I
1j2 E
f _n I f _ IJ
124D...f P
Ua`Ile,y,M_ �t��e¢a 1 j 1r GANSE,BARBARAO 54 A 111 C
rIG
FREDERICK CDUN7Y SCHOOL,BOARD
54 A 114 !
—" 541-- 61 12A
54 2 1 B SATIAN ENTERPRISES, INC
54 A 119 5
wINCHESTER, C1 -,Y OF
� rr,
0 Urban Development Area lnstitutiom i p�
y'sWSA �r �;y ? F4creation SUB # 10 ®®y
Rural Gommurnty Center � NO, Historic VVIN, LLC
R-esidential Mixed -Use ( 54 -A 99E )
Business Planned Unit Development 0 0.025 O.C5 0.1
Industrial Miles
Application
1327 54
r ha ?A �P
+ S4t".r HIDDEN VALLEY SPE, LLC
55 A 27
e}
Fl ro ESr�F 54 7 6A SS f
oA� / 55 A 27
54 A 99F w
DEVELOPMENT COMPANY OF AMERICA, LLPW
•� '"
4�
RIND ENTERPRISES, LLC 9 yLC�F
' 70 R
1as1 aasz f% _. ' 54 A 99B 2 rhggr
lC
STEIN, ROY Fh
54 A 99H
7357 C7ti �' � 1 'K
l 41 O
s y
RJ NO LLC
JI
WN, LLC�g� �� 54 A 106 991
t• WIN, LLC 54 A 99E n u,
Q �
41
i,
h yo
I ,
City of
I�
FREDERICK COLNTY SCHOOL BOARD
54 A 114
54 A 119 i
! � WINCHESTER, CIN OF —
i ,� P JJf$JJf M
54 5 10
5�
/ 6
JOHNSON, JACK E ETALS
P p�� 54 5 9 Cole
16
h 4 A 1
1240 P
GANSE, BARBARA 54 A 111
a �0s Urban Development Area
APpliwtion
�' 659 X11
541 -� 6 L I IA
54 2 1 B SATIAN ENTERPRISES, INC -
s
S®B # 10-06
WIN, LLC
(54-A99E}
0 0.025 0.05 0.1
0 I
Miles
Urban Dw&IlDprnent Area
�,7 SWSA
APPIi ztion
WIN, LLC
(54-A99E)
0 0.025 0.05 0.1
MFF= Mile
J U L 7 1006
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNT' VIRGINIA
Date: Application # (a MDP? Yes L—' No
If no, as MDP requirement been waived by the Planning Director? Yes I--- No
If MDP requirement has not een waiv d, fill in the following public hearing datesr
Planninv- Commission: Board of Supervisors: q
14106
Applicant/Agent: Greenway Engineering Attn: Richard A. Edens, LS
Address: 151 Windy Hill Lane
Winchester, VA 22602
Phone: 540-662-4185
Owners Name: WIN, LLC
Address: 1100 Fifth Avenue South, Suite 210
Naples, FL 34102
Phone: 703-777-1503
Please list names of all owners, principals and/or majority stockholders:
WIN, LLC
Bruce A. Griffin, managing member
Contact Person: Richard A. Edens, LS
Phone: 540-662-4185
NAME OF SUBDIVISION: Final Subdivision Plat of the land of WIN, LLC
Number of Lots: 2 Total Acreage 30.0500 acres
Property Location: Property Fronts the northeast quadrant of the intersection between
Berryville Pike (Va. Route 7) and Interstate 81
(Give State Rt. #, name, distance and direction from intersection)
Magisterial District Stonewall
Property Identification Number (PIN) 54 -A -99E
(Parent Tract)
Property zoning and present use: 132, commercial
Adjoining property zoning and use: 132, commercial and vacant
Has a Master Development Plan been submitted for this project?
If yes, has the final MDP been approved by the Board of Supervisors?
What was the Master Development Plan title? Yes No
Yes X No
Yes No
Does the plat contain any changes from the approved MDP? Yes No
If yes, specify what changes: _
Minimum Lot Size (smallest lot) 6.31 acres
Number and types of housing units in this development: nonresidential
I have read the material included in this package and understand what is required
by the Frederick County Planning Department. I also understand that all required
material will be complete prior to the submission of
my site plan.
Signature-
Date:
ignature•
Date: Co - 7 - o G
FINAL SUBDIVISION PLAT
OF THE LAND OF
W/N, LLC
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
MAY 31, 2006 REVISED. AUGUST
17, 2006
00 Regency lakes
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MAP
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,,-F,b659 1"
= 2000'
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, 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
NOTARY PUBLIC
MY COMMISSION EXPIRES
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL
OF
"PARCEL 2," BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED
DATED
MARCH 31, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S
AS INSTRUMENT No. 050006781.
OFFICE
RICHARD A. EDENS,
L.S.
NOTE.' PARENT TAX PARCEL IDENTIFICATION
T.M. 54 -A -99E 30.0500 ACRES ZONE: B2 USE: COMMERCIAL
APPROVALS:
FREDERICK COUNTY SANITATION AUTHORITY DATE
TH
0�,
G'
VIRGINIA DEPARTMENT OF TRANSPORTATION DATE"$2Q,.Q�-
RICHARD A.
EDENS y
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE
No. 002550
GREENWAY ENGINEERING
--�o 151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors
suRv��o
Telephone: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.com
0028 SHEET
1 OF 5
rllPVF nATA
CURVE
DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
C1
105'36'02"
170.00'
313.32'
223.97'
N 55.1153" W
270.82'
C2
14'35'03"
800.00'
203.63'
102.37'
N 11'2229" W
203.08'
C3
29'5 1 '47"
874.93'
456.02'
233.32'
N 0123 35" W
450.88'
C4
03'2832"
874.93'
5307'
26.54'
N 15'16'34" E
53.06'
C5
03'50'49"
783344'
525.96
263.08'
N 14'41'05" E
525.86'
C6
44' 10 50"
201.28'
155.21'
81.69'
S 14'5751" E
1 151.39'
C7
I 42'3726"
210.00'
156.22"
81.93' I
S 80'17'02" E
152.65'
C8
34'06'08"
210.00'
1 124.99'
64.41'
S 41'5515` E
123.15'
I INF n.4 TA
LINE
BEARING
DISTANCE
L 1
S 61'4321 " W
327.39'
L2
S 65'05'00" W
264.28'
L3
S 71'5747" W
395.17'
L4
N 16'33'18" W
408.39'
L5
N 17'25J7" E
61.44'
L6
S 79'08'18" E
45.88'
L7
S 16'09 28" E
22312'
L8
S 70'33'12" E
144.39'
L9
S 07'07'34" W
210.73'
L10
S 37'03'16" E
71.45'
L11
S 5858'19" E
32.93'
LEGEND
BRL = BUILDING RESTRICTION LINE
PER ZONING ORDINANCE
= CENTERLINE OF PAVEMENT
DHS = DRILL HOLE SET IN CONCRETE
IRS = IRON REBAR & CAP SET
IRF = IRON REBAR FOUND
MON = CONCRETE HIGHWAY MONUMENT FOUND
PKS = P -K NAIL SET IN ASPHALT OR CONCRETE
POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION
R/W = RIGHT OF WAY
NOTES
1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM.
2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN.
J. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER NF.LP.
FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978.
FINAL SUBDIVISION PLAT
OF THE LAND OF
WIN LL 0
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY,
SCALE: N/
Engineers
Surveyors
Founded in 1971
VIRGINIA
A I DATE: MAY 31, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: ( 540) 662-4185
FAX.- (540) 722-9528
www.greenwayeng.com
REVISED: AUGUST 17, 2006
��p,LTH of A
r
RICHARD A. EDENS a
KI nn-)r,�C
14 V. -11
0028 SHEET 2 OF 5
IRF \\\ 10' F.C.S.A.
\\\`f WATERLINE EASEMENT NOTE
�q 4 ! �� to IRFSEE SHEET 2 FOR
DB 908 PG 456
ro �\\�
LINE DATA, CURE
DATA, LEGEND AND
/" \\\
GG�� / �F o
� NOTES
�OP�L� �
20'Po:
\\\ Z� 776 �o
NEW
/TAX PARCEL IRF 0
S
54-A-991
ANGLE IRON Vhto
FOUND / 4.3750 ACRES N- N
�a 79' 7
C4 656.24' 1 '
IRS S 73'50 32" W IRs CD- \\1
POB (99/)
DOT—SHADED AREAcw,+ �\\\ 10' F.C.SA.
DENOTES A 50' I..
INGRESS—EGRESS I I 4. \\\ SANITARY
a'- �i\��SEWER EASEMENT
V
EASEMENT HEREBY—, .I DB 448 PG 262
ESTABLISHED TO l: 7
I:.:I IRF 0 111
BENEFIT NEW TAX
PARCEL 54—A-99/
I.:""I
RESIDUE OF J
/
\ MONI I
o I o TAX PARCEL 1..FA
IRS
J m 25.6750 ACRES j"E3
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(d 1. 1 L8 /
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ti c� �" W 50' 11INGRESS/EGRESS:7•.:1 /// �p
EASEMENT ODER
// U
N o m 2 T.M. 54—A -99F I: :I o� rn` o
INST. No. 050006781 [
ti in p
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Cri 3a l l.:l IRS-
10' F.C.SA SANITARY I - :I o
W m cSEWER EASEMENTS' f
.:.� j _//
88.± DB 443 PG 786 &
MON o I DB 508 PG 391 1.
L10
:1.DHSo y�
N 50' INGRESS/ 1. 1 C7 ?
V I I E2
EGRESS ' _ PKS
10' & 20' F.C.SA EASEMENT
WATERLINE EASEMENTS INST. No. L EC 1 E1' r` L 1 1
MON o DB 508 PG 391 050006781 p
\
& DB 908 PG 456 / m \ 0 C8
1 APPROXIMATE END OF BLDG // � gRL \
\ LIMITED ACCESS R/W L 50�
01 50' BRL_ L' PKS pO13
101 t0RS
IRS WESTBOUND LANK
MON L3 55'f �--
200 0 200 BE RyVILLE BLKE,DTH R/W
1
GRAPHIC SCALE IN FEET �q. PRIMARY ROUTE
341 PG 354
i REVISED: AUGUST 17, 2006
FINAL SUBDIVISION PLAT
OF THE LAND OF0�
WIN, LL C
$p I TH 0
rC1
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: i" = 200' DATE: MAY 31, 2006
Q
o RI�H-A�D�A. ED NES y
No.002550
GREENWAY ENGINEERING
151 Windy Hill Lane
14o7Engineers Winchester, Virginia 22602
SLJ$V�
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founclecl in 1971 www.greenwayeng.com
0028 SHEET 3 OF 5
METES AND BOUNDS DESCRIPTIONS
The accompanying plat represents a Division Survey of all of `Parcel 2," being a portion of the
land conveyed to WIN, LLC by deed dated March 31, 2005 of record in the Frederick County
Circuit Court Clerk's Office as Instrument No. 050006781. The said land fronts the northern
boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of
Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more
particularly bounded as follows:
NEW TAX PARCEL 54 -A -99I
Beginning at a'/2" iron rebar & cap set on curve in the eastern boundary of Interstate Route 81, a
new comer to other land of WIN, LLC (Residue of Tax Parcel 54 -A -99E described below); thence
with said road boundary for the following three courses:
53.07' along the arc of a curve to the right, having a radius of 874.93' and a chord bearing
N 15°16'34" E for a distance of 53.06', to an angle iron found at the end of said curve; thence
N 17025'37" E - 61.44' to a concrete highway monument found at the beginning of a curve to the
left;thence
525.96' along the arc of said curve to the left (being nontangent to the preceding course), having a
radius of 7,833.44' and a chord bearing N 14°41'05" E for a distance of 525.86', to a'/2" iron rebar
found, comer to Development Company of America, LLP; thence with Development Company of
America, LLP for the following three courses:
S 79008'18" E - 45.88' to a'/2" iron rebar found; thence
S 47°02'52" E - 400.18' to a'h" iron rebar found; thence
S 39°20'23" E —199.82' to a'/2" iron rebar & cap set, a new corner to the other land of WIN, LLC
(Residue of Tax Parcel 54 -A -99E described below); thence along a new division line through the
land of WIN, LLC
S 7350'32" W — 656.24' to the beginning.
Containing...................................................................................................... 4.3750 Acres.
RESIDUE OF TAX PARCEL 54 -A -99E
Beginning at a P -K nail set in a concrete island in the northern boundary of Berryville Pike (Va.
Primary Route 7), corner to Development Company of America, LLP; thence with said road
boundary
S 6143'21" W - 327.39' to a %2" iron rebar & cap set at the intersection of said road boundary with
the northern boundary of Interstate Route 81; thence with the last said road boundary for the
following two courses:
S 65°05'00" W - 264.28' to a''/2" iron rebar & cap set; thence
S 71°57'47" W, passing over a point at the beginning of the limit1ed access right of way at
approximately 101' and continuing with said limited access right of way boundary 395.17' in all, to
a concrete highway monument found at the beginning of a curve to the right and in the eastern
boundary of Interstate Route 81; thence continuing with the eastern boundary of Interstate Route 81
and said limited access right of way boundary for the following four courses:
File 0028 Sheet 4 of 5
313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a
radius of 170.00' and a chord bearing N 55°11'53" W for a distance of 270.82', to a concrete
highway monument found at the end of said curve and the beginning of a curve to the left; thence
203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a
radius of 800.00' and a chord bearing N 11°22'29" W for a distance of 203.08', to a concrete
highway monument found at the end of said curve; thence
N 1633'18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the
right; thence
456.02' along the arc of said curve to the right (being nontangent to the preceding course), having a
radius of 874.93' and a chord bearing N 01'23'35" W for a distance of 450.88', to a'/2" iron rebar &
cap set, a new corner to other land of WIN, LLC (Residue of Tax Parcel 54 -A -99I described above);
thence along a new division line through the land of WIN, LLC
N 73°50'32" E — 656.24' to a 1/2" iron rebar & cap set in a line of Development Company of
America, LLP; thence with Development Company of America, LLP for the following nine courses:
S 39°20'23" E — 233.46' to a'/2" iron rebar found; thence
S 16°09'28" E - 223.12' to a'/2" iron rebar & cap set; thence
S 70°33'12" E - 144.39' to a'/2" iron rebar & cap set; thence
S 07°07'34" W - 210.73' to a'/2" iron rebar & cap set at the point of curvature of a curve to the left;
thence
155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing
S 14°57'51" E for a distance of 151.39', to a drill hole set in a concrete gutter at the point of
tangency; thence
S 37°03'16" E - 71.45' to a P -K nail set in an asphalt roadway at the beginning of a curve to the
right; thence
156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a
radius of 210.00' and a chord bearing S 80°17'02" E for a distance of 152.65', to a P -K nail set in an
asphalt roadway at the point of tangency; thence
S 58058'19" E - 32.93' to a drill hole set in a concrete island at the point of curvature of a curve to
the right; thence
124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing
S 41°55'15" E for a distance of 123.15', to the beginning.
Containing................................................................................................... 25.6750 Acres.
Surveyed....................................................... May 31, 2006 (Revised August 17, 2006).
XH of
RICHARD A. EDENS a
No. 002550
_SUTO
File 0028 Sheet 5 of 5
i
NNEENWAY Ei
151 Windy Hill Lane
Winchester, Virginia 22602
1
Founded in 1971
August 21, 2006
Frederick County Planning Department
Attn: Mark Cheran, Zoning and Subdivision Administrator
107 North Kent Street
Winchester, VA 22601
RE: WIN, LLC 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 WIN, LLC Final Subdivision Plat was presented to the Planning Commission on
August 16, 2005, which depicted a fifty -foot wide property line following the Interstate 81 right-
of-way and fronting along Berryville Pike (U.S. Route 7). During this meeting, staff expressed a
desire to eliminate this fifty -foot wide property line and to have the property owners apply for a
waiver to the requirement for this lot to abut and have direct access to a state maintained public
street.
As you know, the existing commercial land uses within the Winchester Gateway Commercial
Center are accessed from Berryville Pike from Getty Lane, which is a private commercial access.
All existing commercial land uses are authorized to access their properties from Getty Lane
through an executed reciprocal access easement that was created for the benefit of all private
property owners. The WIN, LLC Final Subdivision Plat has been modified accordingly and the
proposed 4.3750 -acre parcel will be included as a parcel entitled to be served by the reciprocal
access easement.
Please find attached the updated WIN, LLC Final Subdivision Plat as discussed during the
August 16, 2005 Planning Commission Meeting. It is requested that a waiver, as provided for in
§ 144-5 of the Subdivision Ordinance, be considered by the Planning Commission on September
5, 2006 and by the Board of Supervisors on September 13, 2006.
Sincerely,
Evan Wyltt, AICP
Greenway Engineering
Cc: Bruce Griffin
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
File #0028/EAW
www.greenwayeng.com