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PC 05-18-05 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 18, 2005 7:00 P.M. CALL TO ORDER TAB 1) April 20, 2005 Minutes.................................................................................................... (A) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) 4) PUBLIC HEARING Rezoning #06-05 of Frederick Block Company to revise proffers attached to Rezoning #01-03 of Frederick Block Company concerning the rezoning of 2.63 acres to B2 (General Business) District and 2,01 -acres to B3 (Industrial Transition Business) District. The property is located _oti`t?.:e €astm:, along -Martinsburg Pike (Routes 17 ), ziYs� {�' � ��f-ely 3,400 fcxt �I , -I" Of fl:e . M. intersection of Route 11 and Lee Avenue, in the Stonewall Magisterial District, and is identified by P;oncrt.y Identification Nurnbor (P iNT) 54A.4 -15B.. ins................................................................. ..... .......................,. Ms.Perk........ -,... (B.) PUBLIC MEETING 5) On behalf of David Shore, applicant and Anthony Cook, owner of this property, GreyWolfe, Inc., is requesting a waiver of Frederick County Zoning Ordinance, Article VI, RP Residential Performance District, Section 165-63.C, Open Space Requirements. GreyWolfe, Inc., is also requesting that curb, gutter, sidewalk, and streetlight requirements be waived under Frederick County Code, Article V, Design Standards, Section 144.17.L, Streets, Section 144-18, Sidewalks and Pedestrian Walkways, and Section 144-19, Streetlights. The subject property is located 300 feet south on Meadowbrook Drive (Route 1021) from the intersection with Highlander, and is identified by Property Identification Number 8513-1-12A in the Opequon Magisterial District. Mr. Cheran...................................................................................................................... (C) FILE COPY 6) On behalf of Clifton and Bunney Lewis, owners of this property, GreyWolfe, Inc., is requesting a waiver of Frederick County Zoning Ordinance, Article VI, RP Residential Performance District, Section 165-63.C, Open Space Requirements. GreyWolfe, Inc., is also requesting that curb, gutter, sidewalk, and streetlight requirements be waived under Frederick County Code, Article V, Design Standards, Section 144.17.L, Streets, Section 144-18, Sidewalks and Pedestrian Walkways, and Section 144-19, Streetlights. The subject property is located on the east side of Stanley Drive (Route 780), 800 feet north of the intersection with Route 50 East, and is identified by Property Identification Number 64A -A-6 in the Shawnee Magisterial District. Mr. Cheran ...................................................................................................................... (D) DISCUSSION 7) Ordinance Amendment — Article IV, Supplementary Use Regulations, Removal of Section 165-48.9, Advertising Specialties - Wholesale of Article IV, from the Frederick County Zoning Ordinance. Mr. Cheran ...................................................................................................................... (E) 8) Ordinance Amendment — Article IV, Supplementary Use Regulations, Section 165-48.9, Addition of Inter -Parcel Connector Streets, to the Frederick County Zoning Ordinance. Mr. Cheran...................................................................................................................... (F) ItnaetIr�da Mr. Patrick Barker, EDC Director ............: .....i ...... (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 April 20, 2005 PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Gary W. Dove, Board of Supervisors' Liaison; David Shore, City of Winchester Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: John H. Light, Stonewall District; Cordell Watt, Back Creek District; June M. Wilmot, Shawnee District; Robert A. Morris, Shawnee District; and Richard C. Ours, Opequon District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planner; Bernard S. Suchicital, Zoning Inspector; and Renee' S. Arlotta, Clerk. CALL TO ORDER -ChairrnaL DeHaven called the meetii g to order a -TOO pari. - MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission minutes of March 16, 2005 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Chairman DeHaven reported that the CPPS continued discussion on the WJELUP (West Jubal Early Land Use Plan) and also discussed the continuing work on the RA (Rural Areas) Plan. Frederick County Planning Commission Page 1499 Minutes of Apri120, 2005 Mnm V 7 — 2 — Historic Resources Advisory Board (HRAB) — 04/19/05 Mtg. Commissioner Gochenour reported that the HRAB adopted new submission requirements; they expressed a desire to create a list of significant properties on which to focus through site visits and by identifying economic advantages; and they expressed a desire to revitalize the Historic Plaque Program. She said that meeting guidelines were also discussed. Economic Development Commission (EDC) Commissioner Thomas reported that the EDC will be having a retreat on the second Friday of May, 2005. Sanitation Authority — 04/19/05 Mtg. Commissioner Unger reported the following information from the Sanitation Authority meeting: March rainfall was down at 2.25 inches; all plants are functioning well; the quarries have supplied 4.6 million gallons of wate.; the SA's five-year plan was reviewed and it was decided that both plants will need to be upgraded to increase capacity, and the Shenandoah property at Lake Frederick is being evaluated to bring that plant on line in the wear future. Winchester City Planning Commission Winchester Planning Commission Liaison, Mr. David Shore, reported that the Winchester Planning Commission recently updated its Comprehensive Policy Plan and submitted it to City Council for approval. Mr. Shore said that a new PC (Planned Commercial) District was created to replace the Shopping Center District; this has been approved by the Council. In addition, he said that a Corridor Enhancement Overlay District was created and its purpose would be to establish aesthetic standards for the corridors leading into the City; this also has been submitted to Council for approval. PUBLIC HEARING 2005-2010 Agricultural and Forestal District Update - Renewal of the South Frederick and the Double Church Road Districts to establish a total of 6,216 acres within the Agricultural and Forestal District Program for the ensuing five-year period. Properties incorporated into an Agricultural and Forestal District are guaranteed protections as specified in Section 15.2-4300 of the Code of Virginia. Frederick County Planning Commission Page 1500 Minutes of April 20, 2005 — 3 — Action — Recommended Approval Planning Director Eric R. Lawrence reported that the Code of Virginia requires Frederick County to renew its Agricultural and Forestal Districts every five years, and this was last done in May of 2000. Director Lawrence stated that Frederick County has three Agricultural and Forestal Districts: the South Frederick, the Double Church Road, and the Refuge Church Road Agricultural and Forestal Districts. He said the staff has concluded that under the requirements of Chapter 43, Section 15.2-4300, not enough property owners have renewed their applications to keep the Refuge Church Road District; however, both the South Frederick and Double Church Road Districts remain eligible for renewal. Mr. Lawrence continued, explaining that part of the review and renewal process is that the Planning Department works in conjunction with the Extension Services Department to contact all ofthe property owners who were previous members of districts and to open up the opportunity for others in the community who may wish to participate. He said that this year, there has been a dramatic decrease in the number of properties that have either renewed their participation or new properties asking for inclusion into the districts. He said the staff believes that the County's ongoing Rural Areas (RA) Study could account for some of the low participation rates. The property owners that staff has spoken with said they were interested in the program, but they did not want to commit until they know the outcome of the RA Study. He said that once the Rural Areas Study is completed in the Fall, the County will offer property owners another opportunity to participate in the Agricultural and Forestal Program. Mr. Lawrence stated that the Agricultural Advisory Committee recommended the approval of the renewal of the aforementioned Agricultural and Forestal Districts at their meeting of March 24, 2005. He said that follywijig the Planning Commission's public laeP.ring, a recommendation to the Board of Supervisors would, be appropriate. = A member of the Commission asked wii.a- v&.cages -were for u properly owner to participate in the Agricultural and Forestal Districts. Mr. Lawrence believed the most significant advantage would be that it promotes the agricultural use of the property and discourages transportation and utility improvements by local and state governments. In addition, he said that members of the districts qualify for the Land Use Taxation Program. Chairman DeHaven next called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Gochenour, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the Renewal of the 2005-2010 Agricultural and Forestal Districts, which will include the South Frederick Agricultural and Forestal District and the Double Church Road Agricultural and Forestal District. The renewal of these districts will establish a total of 6,216 acres within Frederick County's Agricultural and Forestal District Program for the ensuing five-year period. (Note: Commissioners Watt, Light, Wilmot, Ours, and Morris were absent from the meeting.) Frederick County Planning Commission Page 1501 Minutes of April 20, 2005 — 4 — Rezoning 905-05 for Marathon Bank, submitted by Patton Harris Rust & Associates, PC, to rezone 1.0 acre from RA (Rural Areas) District to B2 (General Business) District. The properties are located on the south side of Northwestern Pike (Rt. 50W), west and adjacent to Ward Avenue (Rt. 1317), approximately 900' west of the Rt. 37 Interchange. These properties are identified by P.I.N.s 53B -3 -5,53B -3-6,53B-3-7, and 5311-3-8 in the Back Creek Magisterial District. Action — Recommended Approval with Proffers Ms. Susan K. Eddy, Senior Planner, reported that this request is to rezone 1.0 acre of land from RA (Rural Areas) District to the B2 (Business General) District with proffers that would limit the commercial use to general office and bank with a gross leasable floor area not to exceed 8,000 square feet. Ms. Eddy stated that the site is within the Sewer and Water Service Area (SWSA) and is also located within the boundaries of the Round Hill Community Land Use Plan (LUP). She added that the Round Hill Community LUP recommends corridor appearance standards for enhanced landscaping and reduced signage and the plan also discourages individual entrances on Rt. 50. Ms. Eddy said the staff would encourage further consideration of the elimination of the proposed Rt. 50 entrance and the consideration of an inter -parcel connector with the property to the west. In addition, the staff also encourages increased landscaping and reduced signage as recommended in the Round Hill Plan, a commitment from the applicant on the provision of public water and sewer, and the provision of a turn lane onto Ward Avenue. The staff pointed out that VDOT had no comment on the right -in only lane along Rt. 50; however, VDOT will require a right -turn lane onto Ward Avenue. It was also noted that VDOT agreed with the applicant that the Rt. 50 intersection would lonction at u Level of Set vice "D` ovalis of s,7thout tie proposed'U- - - _ - A member of the Corrmmission ing6'Pd if'there was sufficient rig,tr..of--way available for the deceleration lane coming east on Rt. 50 and if the right -in' only lane heading east into the bank would be off of the deceleration lane. Ms. Eddy replied yes to both questions. Mr. Charles W. Maddox, Jr., P.E. with Patton Hams Rust & Associates, Inc., the design and engineering firm representing the applicant, stated that the landscape buffer will be fully detailed on the generalized development plan (GDP) prior to the Board of Supervisors meeting and will exceed the minimum requirements of the zoning ordinance. Mr. Maddox provided an artist's rendering of the building prototype proposed for the site. He said that an agreement will be placed within the proffer to limit the height of the monument -style sign to 20 feet, which is consistent with the other commercial signs in the area. Mr. Maddox added that their TIA indicates that a full right -turn lane will not be required based on this site's impacts, however, future impacts may create that need and they are committed to construct the full right -turn lane. Mr. Maddox continued, stressing the need for the proposed right -in -only turn on Rt. 50 in order to make this a viable bank site. He believed the turn lane would help to ease traffic flow by moving traffic off of Rt. 50 eastbound and into the site, instead of vehicles proceeding through to the traffic signal and adding to the congestion at the light. Commissioner Kriz pointed out that the Round Hill LUP calls for landscaping consisting of shade trees along Rt. 50 and he asked Mr. Maddox to comment. Mr. Maddox replied that they envision flowering shrubs along Rt. 50, roughly three to three -and -a -half feet high, to serve as a ground screen to the parking area. He said that trees were not proposed in this area because they believed there would be sight -distance issues by VDOT. He said they intend to plant flowering and deciduous trees within the median islands of the parking lot Frederick County Planning Commission Page 1502 Minutes of April 20, 2005 — 5 — and along the edges of the parking lot. Mr. Donald L. Unger, Chairman and C.E.O. of Marathon Bank, came forward to answer questions from the Commission. Referring to the artist's rendering of the proposed bank building, Mr. Unger said this was the prototype they have previously built. He said that based on their analysis, they can place this same footprint on this site. He said that drive-throughs will be placed in the rear, which will be aesthetically pleasing from the road frontage, and the exit will be on Ward Avenue. He added that the building will be a total brick structure. Chairman DeHaven called for public comments, however, no one came forward to speak. Regarding the staff's recommendation for an inter -parcel connector with the property to the west, the applicant was agreeable to possibly using a portion of the 25 -foot inactive buffer at the rear of the property, should the adjoining property owner desire to have that connection. Although the Commission supported the recommendations within the Round Hill LUP, they were sympathetic to the applicant's request for a right -in only with the deceleration lane on Rt. 50 for this site. It was pointed out that prior to this proposal, three residential driveways accessed Rt. 50 at this location. Members of the Commission also sought to have the applicant offer a reduction in the size of the proposed sign to enhance corridor appearance; however, the applicant only offered to limit sign height. Considering all of these issues, the Commission still believed this was an appropriate use for this particular parcel and they were in support of its approval. Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend - approval of Rezoning 405-05 for Marathon Bank submitted by Patton Harris Rust & Associates, PC, to rezone - °41.0 acre from RA (Rural Areas) District to B2 (General Business) District with proffers by the app, � _ (Note: Commissioners Watt, Light, Wilmot, Ours, and Morris were absent from the meeting.) PUBLIC MEETING A request by Greenway Engineering, on behalf of Mr. David Hicks, the owner of Old Massey Store, to consider a buffer distance waiver under the Frederick County Code, Article IV, Supplementary Use Regulations, Section 165-371)(1)(a), Buffer and Screening Requirements, to allow for elements of a parking lot to be located within ten feet of the adjoining property. This property is located in the northwestern quadrant at the intersection of North Frederick Pike (Rt. 522 N.) and Burnt Church Road (Rt. 678), and is identified with P.I.N. 42-A-81 in the Gainesboro Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the waiver will not alter the office setback lines or change the General Development Plan (GDP), which included a building footprint of 800,000 square feet, proffered through Rezoning #06-04. He said the applicant will be required to provide all elements of a full landscaped buffer, including a six-foot high opaque fence between the Hicks and the Flowers Frederick County Planning Commission Page 1503 Minutes of April 20, 2005 — 6 — properties. Mr. Cheran stated that the applicant has acquired the consent of the adjoining property owner, which has been included the Commission's agenda. Mr. Cheran added that the ordinance amendment to allow the waiver to occur was approved by the Board of Supervisors on March 9, 2005. Mr. Evan A. Wyatt with Greenway Engineering, representing the property owner, Mr. David Hicks, recalled the issue of their inability to accommodate the required parking on the Old Massey Store Site Plan because of the shape and size of the site. Mr. Wyatt said they had attempted to work out a proposal for a common shared buffer and screening easement agreement with the adjoining neighbor, however, it was discovered that this was not an available option. He said that consequently, they went through an ordinance amendment that resulted in a waiver provision. Mr. Wyatt stated that a third item was added to the agreement, which surfaced at the Board of Supervisors meeting concerning the owners consent, should the property be sold. Mr. Wyatt said that if the Board approves their waiver, the applicant has agreed to have the owner's consent legally recorded so it remains with the deed to the property. Therefore, any future title search work would surface the circumstances regarding this particular property. Mr. Wyatt continued, noting that the structure still remains 50 feet from the property line; however, the parking lot does encroach in what normally would be the inactive buffer. He said the back of the curb on the parking lot is about 10'/z feet off the Flowers' property line. Mr. Flowers owns both of the adjacent properties; one of the properties contains a residential dwelling, while the other property contains only an out- building. Mr. Wyatt said that the screening element will continue to the limits of their parking lot, even though it does not adjoin the property with the dwelling. He added that the fmished side of the fence will be facing the Flowers' property. raised. There were no public comments. Commission members believed this was a reasonable request and -no outstankaiiig-issues were Upon motion by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request by Greenway Engineering, on behalf of Mr. David Hicks, the owner of Old Massey Store, for a buffer distance waiver under the Frederick County Code, Article IV, Supplementary Use Regulations, Section 165- 371)(1)(a), Buffer and Screening Requirements, to allow for elements of a parking lotto be located within ten feet of the adjoining property. (Note: Commissioners Watt, Light, Wilmot, Ours, and Moms were absent from the meeting.) Frederick County Planning Commission Page 1504 Minutes of April 20, 2005 _ 7 ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:00 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 1505 Minutes of April 20, 2005 • C� REZONING APPLICATION #06-05 FREDERICK BLOCK COMPANY Staff Report for the Planning Commission Meeting Prepared: May 2, 2005 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 them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/18/05 Pending Board of Supervisors: 06/22/05 Pending PROPOSAL: To revise proffers attached to Rezoning #01-03 of Frederick Block Company concerning the rezoning of 2.63 acres to B2 (General Business) District and 2.01 acres to B3 (Industrial Transition Business) District. LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), approximately 3,400 feet north of the intersection of Route 11 and Lee Avenue. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54A -1-15B PROPERTY ZONING: B2 (Business General) & B3 (Industrial Transition) PRESENT USE: Office/Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: Zoned M2 (Industrial General) District East: Zoned M 1 (Industrial Light) District West: Zoned B2 (Business General) District and M2 (Industrial General) District Use: Residential Use: Industrial (Glover Petroleum) Use: Industrial (Southeastern Container) Use: Industrial/Office (Shockey Companies) RF_7. 06-05, Frederick Flock Company Page 2 May 2, 2005 PROPOSED USES: Continuation of the existing office, commercial and outdoor storage uses. Planning & Zoning: 1) Site History The original Frederick County (U.S.G.S. Winchester Quadrangle) zoning maps depict the site as parcels zoned R-1. In1980, parcel 54A -1-15B was changed frornRl to B2, parcel 54A -1-15C was changed from R1 to M-1, and 54 -A -15D was changed from RI to M-1. Parcels 54A-1 16 and 54A-1-17 were changed from R 1 to RP during the comprehensive rezoning of February 14, 1990. In 2003, the County considered rezoning application #01-03, a request to rezone the subject properties from the B2 (Business General), RP (Residential Performance) and M1 (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts. This application contained various proffered conditions; they are as follows: 1. The applicant proffers that the following land uses are prohibited on the site: Motor freight transportation and warehousing, transportation by air, hotels and motels, organization hotels and lodging, drive-in motion picture theaters, golf driving range and miniature golf courses and adult retail. 2. Access to the site is limited to two commercial entrances off of Martinsburg Pike and these entrances will be aligned with the existing entrances of the Shockey Companies. 3. The applicant proffered to install a right -turn lane at the new commercial entrances on Martinsburg Pike, if warranted by VDOT. 4. The total structural area is limited to 50,000 square feet. 5. The applicant hereby proffers to refurbish the existing stone wall along Martinsburg Pike and to construct rounded decorative walls at the new commercial entrances also located on Martinsburg Pike. 6. The existing freestanding business sign will be refurbished. This sign will not exceed twenty feet in height and is proffered to be the only freestanding business sign on the property. Any additional business signs located along the Martinsburg Pike corridor will be monument signs that shall be limited to a maximum height of 12 feet. 7. The site will be consolidated within 90 days of the approval of the rezoning approval. 8. The applicant proffers to maintain a vegetative strip along the northern property boundary that is a minimum of 50 feet in width. The applicant further proffers to provide for a single row of evergreen tree plantings that are a minimum of four (4) feet in height when planted and spaced a maximum of ten (10) feet on center. 9. The applicant proffers $500 to Frederick County Fire and Rescue to be distributed to Clearbrook Volunteer Fire & Rescue Company for capital facilities costs. Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition in an effort to revise the existing proffered conditions relating to design aspects of the property. These proffer revisions are the result of the site development and improvements nearing completion and realizing that two of REZ #06-05, Frederick Block Company Page 3 May 2, 2005 the proffer elements were not feasible. The first, (number 5) "The applicant hereby proffers to refurbish the existing stone wall along Martinsburg Pike", the applicant felt was not feasible and is not visibly attractive. The applicant is instead proposing to utilize a four foot evergreen screen along this portion of Martinsburg Pike. The second, (number 8) "The applicant further proffers to provide for a single row of evergreen tree plantings that area a minimum of four (4) feet in height when planted and spaced a maximum of ten (10) feet on center", proved to be excessive landscaping for the property. Staff realizes that the improvements are nearing completion on the site and that the use of the existing woodland strip for the zoning district buffer will adequately screen the site from the adjacent residential uses. The applicant is willing to supplement the existing woodland screen if requested by planning staff. The revised proffer's for the rezoning are as follows: Revised Proffer Statement — Dated April 21, 2005 1. The applicant proffers that the following land uses are prohibited on the site: Motor freight transportation and warehousing, transportation by air, hotels and motels, organization hotels and lodging, drive-in motion picture theaters, golf driving range and miniature golf courses and adult retail. 2. Access to the site is limited to two commercial entrances off of Martinsburg Pike and that these entrances will be aligned with the existing entrances of the Shockey Companies. 3. The applicant proffers to install a right -turn lane at the new commercial entrances on Martinsburg Pike, if warranted by VDOT. 4. The total structural area is limited to 50,000 square feet. 5. The applicant hereby proffers to construct rounded decorative walls at the new commercial entrances also located on Martinsburg Pike. 6. The existing freestanding business sign will be refurbished. This sign will not exceed twenty feet in height and is proffered to be the only freestanding business sign on the property. Any additional business signs located along the Martinsburg Pike corridor will be monument signs that shall be limited to a maximum height of 12 feet. 7. The site will be consolidated within 90 days of the approval of the rezoning approval. 8. The applicant proffers to maintain a vegetative strip along the northern property boundary that is a minimum of 50 feet in width. 9. The applicant proffers $500 to Frederick County Fire and Rescue to be distributed to Clearbrook Volunteer Fire & Rescue Company for capital facilities costs. STAFF CONCLUSIONS FOR 05/18/05 PLANNING COMMISSION MEETING: The subject property is presently zoned B2 and 133, and the applicant is requesting to revise the proffers associated with rezoning #01-03 to remove two of the approved proffers. This revision would eliminate a single row of evergreens along the northern property line adjacent to the 50' existing woodlands strip and would also remove the proffer for the refurbishing of the old stone wall along Martinsburg Pike (Route 11). This proffer revision would not affect the uses or intensities of the property. The attached exhibit is the proposed revised landscaping plan for the site. REZ 406-05, Frederick Block Company Page 4 May 2, 2005 Followin,q the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concernin'a this rezoninz application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. RP &S o��EV P 5� &��Q� Syoc" 44 FgHg�SToQr qA / 2 .� �R\OER oG��y JP�� /��USTRiFs /'VC�/! S4/DAO'DcROTHY �\ 82 syo�/rFyR ' RP / �\ Sy STRi�cS /Nc 54A 1 18 ! Qkk o 001,4 /1 o�sTR/ LILLARD, AIMEE L Al �9 l 1P 54A 1 15A 54A 1 15B SHOCK 54A INDUSTRIES, INC. SLAUGHTER PROPERTIES, LLC B2 M, B2.� f 54A 1 15B SLA UGHTER'PRbPERiIES,LLC M2 r ' a 54 A 361 FORT C, IE R GROUP N p Q Lu j � Q W Y U O � cn 132 Q O o M2 B2 , f '- Rezoning # 06 - 05 N Frederick Block Co. ( 54A -1 -15B ) 1 W E 75 150 300 457 !y S Ino ASN �,• �, � cG O �+e VIZ4� Q , ".F il*C., LILA I y 1 go r .. �, 1 15B �. • - +k F SHpCKEY N }USTRIES, Ih SLAGJGHTER PR54A 15,AA flPE TIES, L i 1 lk i SIAUGHTERPROPERfI ES.'PLL. 154 A 361. , ,� Fp } COLLIER GROUP, r w 03 r�. Rezoning # 06 - 05 Frederick Block Co. ( 54A -1 -15B ) u 75 13O 300 450 n REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 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. Applicant: Name: 5Iau91jtr Pr-6e(A f5 Address: PO Qo)( c9 ` . " 2. Property Owner (if different than above) Telephone: st{0 - 667 - (Z C i M Wd `d4 Name: Telephone. Address: 3. Contact person if other than above Name: '7-- S�4y1� Telephone: 06 - (, 6 '7 - /� 6 / 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property Verification of taxes paid 11 Agency Comments Fees �`- Impact Analysis Statement Proffer Statement X 5. The Code of VirginiLallows 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: S1 6. A) Current Use of the Property:I a rtoCl � G Otoat B) Proposed Use of the Property: �itdtr� c k Dock Com owy f 7. Adjoining Property: PARCEL ID NUMBER 4-(( )-34 T 5LA 1 -1 3g A USE G 100er 0'. i r • 1/0 Sau �skrn C -A 1 cr Siftc hel :T u Ler 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): Easatrn SJC a/oAg ltdK�G 11 CIM Ar�insbc�r� p -he �► C►Ol1(�X�r►-�I�l 3�0� t�. �,�� st tic, ��fC�ec�itv� o+ 4C 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number IJA -1-IS 54A-1-1 5�AT1-t Districts � Magisterial: AAWILU High School: —5'-+e5 GSI,►� Fire Service: _'fit., 6fb6K Middle School: -,Taw+cs W ae.k Rescue Service: Clew6,Q) fL Elementary School: ( I 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoninx7T Zoning Requested a,G3 i32 Pratkr ��s;►�► Q'01 i33 pnIAr wp4"q `�"• `� Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: S1`vc�'� 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 certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 14 Date: Date: 11/101 - Date: 4, S Date: Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Property # Name Property# Name Property # Name Property# Name Property # Name Property # Name Property# Name Property # Name Property# Name Property # is ---- -- --- -... ...- . --.. vv -V V1- I iii Tree Legend Symbol Quantity Name Height at time Remarks Caliper of planting RM 2 `Red Sunset Maple 6' B&B 2" Acer rubrum `Red Sunset' CB 7 Common Hornbeam 6' B&B 2" Carpinus betutus `Fastigiata' EAS 30 Elegandssima Arborvitae Screen 4' B&B NA Thuja occidentalis `Elegantissima' Substitute for 11 Canopy Trees 2" 4a4a a UI E7_� usn. 43 I� I W�mo.:n U E in WAIVER and SUBDIVISION APPROVAL REQUEST FOR ANTHONY COOK, SUBDIVISION #17-05 OF MEADOWFIELD Staff Report for the Planning Commission Prepared: May 3, 2005 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: 05/18/05 Pending Board of Supervisors: 06/22/05 Pending LOCATION: This property is located on the west side of Meadowbrook Drive (Route 1021), 300 feet south of the intersection with Highlander Road (Route 1020). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 8513-1-12A PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RP South: Zone RP East: Zone RP West: Zone RP Use: Residential Use Residential Use Residential Use Residential SUBDIVISION SPECIFICS: Subdivision of 1.717 acres into five single family detached traditional lots (maximum area of 12,422 square feet each). Subdivision Application #17-05 May 3, 2005 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have measurable impact on Routes 1021 and 1065, the VDOT facilities which would provide access to the property. Before development, you will need to contact Mr. Bill Stover, Maintenance Superintendent at our Stephens City Headquarters at (540) 869-1100, to secure the necessary private entrance permits. Entrances will have to be constructed to VDOT standards to allow for safe egress and ingress of the property. Fire and Rescue: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Sanitation Authority: Need copies of all recorded easements. Public Works: No comments Inspections: Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Engineering may be required on foundations of lots 4 and 5. Parks and Recreation: No comments GIS: No comments Planning Staff Review: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter 144-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134A of the Frederick County Zoning Ordinance provided: 1) A proposed subdivision contains ten (10) or less traditional detached single-family dwelling units. 2) The proposed subdivision is not an integral portion of a property proposed or planned for future development. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) The proposed subdivision does not affect the intent of the Frederick County Zoning Ordinance, and Code of Frederick County Chapter 144; Subdivision of Land. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements. The applicant has been granted a waiver of the MDP requirements. This Subdivision Application #17-05 May 3, 2005 Page 3 project contains land zoned RP and does not have an approved MDP; therefore, Planning_ Commission and Board of Supervisors review and action is necessary. Background The Board of Supervisors approved the Meadows Subdivision on October 9, 1972. The proposed subdivision (Exhibit "A") will create five single family detached traditional lots. These proposed lots are allowed in the RP Zoning District, under Chapter §165-6513 of the Zoning Ordinance. Public water and sewer will be utilized by the proposed lots. Requested Waivers The Frederick County Zoning Ordinance requires that subdivisions which result in lots less than 15,000 square feet must provide: curb and gutter, sidewalks, streetlights, and open space. The applicant has sought an exception from these requirements as the adjacent properties are of similar size, and do not have these identified improvements. In fact, the adjacent lots, as well as the entire The Meadows subdivision, are comparable in lot size are sans the identified improvements. Therefore, the applicant has requested a waiver of the improvements. • The applicant is seeking a waiver from the open space requirements, enabled by Section 165-63C; this open space waiver is at the discretion of the Planning Commission. • The applicant is seeking an exception from the: curb and gutter requirements (Section 144-17L); sidewalks (Section 144-18(1) ); and streetlights (Section 144-19). These exceptions may be granted by the Board cf Supervisors (Section 144-5), with a recommendation form the Planning Commission. STAFF RECOMMENDATION FOR 05/18/05 PLANNING COMMISSION MEQ ING: The proposed subdivision appears to satisfy agency and ordinance requirements, once minor issues are addressed. The proposed five (5) residential lots will range in size from 12,422 to 19,805 square feet. These proposed lots comply with the dimensional requirements of the single family detached urban housing type, in particular, the minimum lot size of 12,000 square feet. Access to the proposed lots to be directly onto Meadow Drive (Route 1021). This property is located within the UDA and SWSA as indicated in the 2003 Frederick County Comprehensive Policy Plan. When considering the waiver requests, the Planning Commission should consider the surrounding properties and their existing improvements. Staff is seeking administrative approval authority; therefore a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. Action on three items would be appropriate: • Open Space waiver (PC Waiver) • Curb and gutter, sidewalks, and street lights exception (Board waiver) • Granting staff administrative approval authority (Board action) 85B 21 47 1 -- -AVILA,°RAMON,G- -- 85B 21 48 LUCCIOLA, ANTHONY P JR & DEBRA 85B j2! -,(3 - CLARK,', 43CLARK ROBIN K 85B 21 42 BAKER, MICHAEL Gpg / g56 .1&KpEtENM f POPMS,OP,"qxD C. <�~ 85C 12 50 I MERRITT, JONATHAN D RP 85C 12 51 PARK, CARL A & JANET 85C 12 52 BENNETT, SANDRA L & CLIFTON C r� -% N z Q 2 h Q SUB # 17 - 05 : C Meadow Field *OV Lakes/Pond, � Da Agricultural& Forestal Districts HICKS, WILLIAM D./ /85C 12102. i double Church Refuge Gh—h N ,BELL, BRYAN K 8SH01' BROENING, JAMES S. 856 1 67 RYnFRwi Aim, 10 v A Ty�F< 8SB ' li'1�Y cygF�ypN f, 41, ,? SAMUEL P G �7Fq � f SUB # 17 - 05 : 85B 1 66 Meadow Field *OV Lakes/Pond, � Da Agricultural& Forestal Districts HICKS, WILLIAM D./ w.� Streams .'f � Retaining Walls Buildings Road Centerlines i double Church Refuge Gh—h N 85B 1 12A Tanks x' N Trails �' 0 50 100 200 S Feet 1020 c�'1. oQ �'Vbzanile °`te 85B 1 68 r oc° WILLIAMS, CHRISTINE D ; 0� t c z � � J9yFT p� 8S`+ 8564 p B DOHERTY, DENIS J. << 85B 1 82 ` ?�4 SCHEULEN, JACK E. & DONNA S, S T s` y904"s v t 85B 1 81 �ytiy WARFIELD, KATHERINE ROBINSON- 85B 1 80 `• HODGE, CLIFTON H. & REVA M:, NpRO� GRp� Map Features SUB # 17 - 05 /V culverts Application �v Culverts Parcels Meadow Field *OV Lakes/Pond, � Da Agricultural& Forestal Districts w.� Streams .'f � Retaining Walls Buildings Road Centerlines i double Church Refuge Gh—h N 85B 1 12A Tanks O SON, Frederick N Trails W E 0 50 100 200 S Feet APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: r '- Application % 7 -' Q Fee Paid - Applicant/Agent: David Shore Address: 2045-A Valley Avenue Winchester, VA 22601 Phone: 665-2197 owners name: Anthony Lee Cook Address: 5546 Valley Pike Stephens City, VA 22655 Phone: Contact Mr. Shore 665-2197 Please list names of all owners, principals and /or majority stockholders: Anthony Lee Cook Contact. Person: Gary Oates N GreyWolfe, Inc. phone: 545-7823 Name of Subdivision: Meadowfield Number of Lots 5 Total Acreage 1.717 acres Property Location: Westside of Route 1021 (Meadowbrook Drive) & 300' south of intersection wth Highlander Road (Give State Rt.J, name, distance and direction from intersection) Magisterial District Opequon Property Identification Number (PIN)) 8513-1-12A 8 Propesty zoning and present use: Zoned RP and Vacant Adjoining property zoning and use: Zoned RP with residences Has a Master Development Plan been submitted for this project? Yes X No If ycs, has the final MDP been approved by the Board of Supervisors? Yes No What was the Master Development PE m tdk? MDP was Waived Does the plat contain any changes from the approved MDP? Yes X No if yes, specify what changes: Mbi mmn Lot Size (smallest lot): 12,422 sf Number and types of housing units in this development: 5 single family detached 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 wiz] be complete prior to the submission of my site plan_ Signature: _ Date: /�-�'i�v- Exhibit "A" I X1vNNV1/X pytiy�v y STEPHENS CIjY RT 277 • �y 7J SITE ~ VICINITY MAP 1 " = 2000' S FINAL SUBDIVISION PLAT FOR THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEADOWFIELD OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 23, 2005 OWNERS CERTIFICATE THIS SUBDIVISION SURVEY OF THE LANDS OF ANTHONY LEE COOK AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. SIGNATURE - ANTHONY LEE COOK COMMONWEALTH OF 11.091NIA CITY/COUNTY OF TO WIT. THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS_ DAY OF 2005, BY: PRINTED OWNER i PRINTED NOTARYPUBLIC SIGNATURE NOTARYPUBLIC i MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS SUBDIVISION SURVEY ARE THE LANDS CONVEYED TO ANTHONY LEE COOK BY DEED FROM JOY H. COSTELLO AND LEWIS MICHAEL COSTELLO, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE IN DEED BOOK 957 AT PAGE 01 DATED JANUARY 27, 2000, & INSTRUMENT 010001262 DATED FEBRUARY 7, 2001. GARY R. OATES, LAND SURVEYOR PARENT TRACTS PARCEL 85B -(1)-12A 1.717 ACRES ZONED: RP APPROVAL FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY SANITATION AUTHORITY DATE VIRGINIA DEPARTMENT OF TRANSPORTATION DATE O�PLTH OF �C ,�N I O j2 U GARY R. OATES v No. 1518-B1073 q O �� SURv�y Redbud Road GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWo/felncC)aoL.com 540-545-7823 OFC 540-545-4001 FAX DRAWN BY: GRO FILE NO: 0103 1 SHEET 1 OF 4 NOTES 1. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN JUNE OF 2003. 2. BASIS OF MERIDIAN IS BASED ON THE SUBDIVISION SURVEY OF RECORD BY H BRUCE EDENS, CLS, DATED MAY 11, 1.970 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE INDEED BOOK 363 AT PAGE 663, 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.I. R. M. COMMUNITY PANEL -No. 510063 0200B -DATED JULY 17, 1970^ - IN FLOOD ZONE 'CAREAS OF MINIMAL FLOODING. 5. GRADING AND LOT DRAINAGE IS THE RESPONSIBILITY OF EACH LOT OWNER. ABBREVIATIONS AREA TABULATION BRL = BUILDING RESTRICTION LINE ESMT = EASEMENT LOT ADJ. ACREAGE EX. = EXISTING — 1 0.285 ACRES IPF = IRON PIPE FOUND 2 0.306 ACRES IRF = IRON ROD FOUND 3 0.293 ACRES Pa = vanPn';Fn 85B-(1)-10 DAYSTAR HEATING & COOLING, INC. DB 790, PG 1582 ZONED: RP USE: RES. 5/8'7RF 1112'IRF OAC . PRO & LA o. � a J c m N 858-(1)-11 NpSGA. 85B-(I)-12 MARK & ANNETTE TUTTON DONALD D. & B.RENL?4 G WELSH, I O #030004055 OB 756, PG 413 LOT 2 m a 13,346 ZONED: RP 1/2'IRF ZONED: RP �57HEDJ USE: RES. O SHED USE: RES. HED 707AQ � S�� n0' ( €.`. Q1%. 561°36'2 y "' I GE 10' B.R.L. O POSED 10. � ENT PIN 10' B.R.L. � I O LOT 1 12,422 sf . 0.285 ACRES 10' 8. R. L. 50'02" E - 190.44' , RN S30 ,PROP�N 58 50'02 ` 175 Z3 i / i�EASEMENT�— �— , SEWER 20 SANIT) 7.1 e / PRbPO�_� ---'_ - 186 05': 20' 1 EASEM !-- o —� N 58 50 OZ ------" N 56 59 29" W N.5402635- W 170.93' 10' B.R.L. o". LOT Q� I 12,755 sf m 0.293 ACRES 10' B.R.L. PROPOSED: 10 DRAINAGEAND LANDSCAPING. EASEMENT: (z O C 85B -(I)-13 SHED N 50°1734" W - 164,83' KENNETH F. & SHED PATRICIA L. LINEBERG D8 773, PG 1015 HOUSE ZONED: RP USE: RES. 10.24' 10.24' 14.40' 112 "IRF FINAL SUBDIVISION PLAT FOR �PLTH OH THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS o' r�cf MEADO WFIELD O OPEQUON MAGISTERIAL DISTRICT u GARY R. OATES ➢ FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 �9�0 SURv�yO� Land Surveying and Consulting GreyWoifelnc@aoi.com 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 3 OF 4 B.R.I. _ LOT 2 m a 13,346 ~ m sf `4 ,\z, 0.306 ACRES Q1%. ^ y "' ^, z: O cWn 10' B.R.L. N.5402635- W 170.93' 10' B.R.L. o". LOT Q� I 12,755 sf m 0.293 ACRES 10' B.R.L. PROPOSED: 10 DRAINAGEAND LANDSCAPING. EASEMENT: (z O C 85B -(I)-13 SHED N 50°1734" W - 164,83' KENNETH F. & SHED PATRICIA L. LINEBERG D8 773, PG 1015 HOUSE ZONED: RP USE: RES. 10.24' 10.24' 14.40' 112 "IRF FINAL SUBDIVISION PLAT FOR �PLTH OH THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS o' r�cf MEADO WFIELD O OPEQUON MAGISTERIAL DISTRICT u GARY R. OATES ➢ FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 �9�0 SURv�yO� Land Surveying and Consulting GreyWoifelnc@aoi.com 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 3 OF 4 85B-(1)-8 858-(1)-9 858-(I)-10 HAROLD V. GRAY, JR IRMGARD HERMAN DAYSTAR HEATING & DB 373, PG 178 l OB 880.: 33 I COOLING, INC. ZONED, RP \ USE: RES. ZONED: RP USE; RES. DB 790, PG 1582 ZONED; RP 5/8" USE: RES. 518 "IRF �112"IRF2>E- --_ _°3300S44 5 \—� _--- HLJ PR 10' C�J1/2"IRF DRAINAGE& L4PIDS� 10'8 R.L. PI/VG' ESMT ` — . L 00 \ m LOT4 cl pf yo, 19,822 sf m 4— �` \ 0.455 ACRES ry \ �vc, 2 ✓Jo �G \ .r_ N 62°pp OZ E 16 . -. .. .—.. O \ N 61°52'05" W 168.a7 0 502" W - 147 p4 w � i N \ 'r LOT 5 a' 16,450 sf °ov o 0.378 ACRES z o \m �o 10 10' B.R.L. PR. 10' DRAINAGE & LANDSO 3/4'IRF •\N 50°17'34" W - 91.62' (TOTAL) \\ 1/27RF EASEMENT NOTES 85B-(1)-13 SHED KENNETH F. & PATRICIA L. LINEBERG DB 773, PG 1015 ZONED: RP USE. RES, 1. THE 20' SANITARY SEWER EASEMENT SHOWN IS HEREBY DEDICATED TO THE FREDERICK COUNTY SANITATION AUTHORITY OVERLAPS EXISTING DRAINAGE EASEMENT. 2, A PRIVATE 10' SANITARY SEWER EASEMENT OVER LOT 2 TO BENEFIT LOT 3 IS HEREBY DEDICATED. 3, THE 10' DRAINAGE AND LANDSCAPING EASEMENTS SHOWN ALONG THE PERIMETER IS INTENDED TO DIRECT DRAINAGE FROM NEIGHBORING PROPERTIES, PROPOSED HOUSES ON THE NEW LOTS, AND TOWARDS THE LARGER 20' AND 30' 4. DRAINAGE EASEMENTS IN THE CENTER OF THIS PROJECT. THE LANDSCAPING ASPECT OF THE EASEMENT IS INTENDED TO RECEIVE THE REQUIRED TREE PLANTINGS AS REQUIRED BY THE COUNTY ZONING ORDINANCE SECTION 165-36.A. 5. AN EXISTING 15' DRAINAGE EASEMENT WAS SHOWN ON THE PLAT BY H. BRUCE EDENS ENTITLED "THE MEADOWS" AND RECORDED IN DEED BOOK 363 ON PAGE 664. HOWEVER, THIS DRAINAGE EASEMENT WAS NOT DIMENSIONED INFERRING THAT IT WAS TO BE OVER THE EXISTING SWALE OVER THIS LAND AS IT MIGHT MIGRATE OVER TIME. THIS PROJECT HEREBY INCREASES THE WIDTH OF THIS EASEMENT TO 20' OVER A PROPOSED CUL VERT DIRECTING THE FLOW, AND 30' WIDE WHERE IT ENTERS EWING LANE. THIS HAS BEEN DONE TO INSURE ADEQUATE AREA TO ADDRESS ANY FUTURE DRAINAGE ISSUES. FINAL SUBDIVISION PLAT FOR LTH opTHE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS o�P �Ic�MEADO WFIELD f OPEQUON MAGISTERIAL DISTRICT GARY R. GATES v FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 ` Land Surveying and Consulting GreyWo/felncC�ao/.com suwj 540-545-7823 OFC ' 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 4 OF 4 LOT 8 I cor 9 r I LOT 10Lor r r fT Lor 12 , ' --------- 0 1'x'- J. \•�------- _---,a LOT t --- MMUK _ �` '\ ' .. - �'." _tel �BRG - - `1 /' H 1 ld➢h101.C6 , 10' BRL iiW.sv iY=87 10 \ No - rJ6,721.7t WAIVER and SUBDIVISION APPROVAL REQUEST FOR CLIFTON AND BUNNEY LEWIS, b SUBDIVISION #15=05 Staff Report for the Planning Commission Prepared: May 5, 2005 I)38 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: 05/18/05 Pending Board of Supervisors: 06/22/05 Pending LOCATION: This property is located on the east side of Stanley Drive (Route 780), 800 feet north of the intersection with Route 50 East. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64A -A-6 - PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RP South: Zone RP East: Zone RP West: Zone RP Use: Residential Use Residential Use Residential Use Residential SUBDIVISION SPECIFICS: Subdivision of 0.6026 acres into two single family detached traditional lots. Subdivision Application #15-05 May 5, 2005 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: No comments Fire and Rescue: Plan approval recommended. Sanitation Authority: No comments Public Works: No comments Inspections: Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Parks and Recreation: No comments GIS: No comments Rellional Airport: No comments Staff Review: Public Meeting Requirement The Subdivision OrdiniLI� requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter 144-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134A of the Frederick County Zoning Ordinance provided: 1) A proposed subdivision contains ten (10) or less traditional detached single-family dwelling units. 2) The proposed subdivision is not an integral portion of a property proposed or planned for future development. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) The proposed subdivision does not affect the intent of the Frederick County Zoning Ordinance, and Code of Frederick County Chapter 144; Subdivision of Land. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements. The applicant has been granted a waiver of the MDP requirements. This project contains land zoned RP and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action on the Subdivision request is necessary. Subdivision Application #15-05 May 5, 2005 Page 3 Background This property was created June 29, 1962, as noted by Deed 279/ Page 596, and prior to Frederick County adopting zoning. Frederick County adopted zoning in 1967. The historical zoning map shows this property to be zoned R-1(Residential Limited) in 1967. This zoning was reclassified to RP in 1987. This proposed subdivision (Exhibit "A") will create two single family detached traditional lots. Requested Waivers The Frederick County Zoning Ordinance requires that subdivisions which result in lots less than 15,000 square feet must provide: curb and gutter, sidewalks, streetlights, and open space. The applicant has sought an exception from these requirements. Therefore, the applicant has requested a waiver of the improvements. • The applicant is seeking a waiver from the open space requirements, enabled by Section 165-63C; this open space waiver is at the discretion of the Planning Commission. • The applicant is seeking an exception from the: curb and gutter requirements (Section 1.44-171.); sidewalks (Section 144-18(1) ); and streetlights (Section 144-19). These exceptions may be granted by the Board of Supervisors (Section 144-5), with a recommendation form the Planning Commission. The lots in the vicinity of the subject subdivision are generally 20,000 to 73,000 square feet in size, an established neighborhood, and with established homes. These existing lots would be more closely identified a single-family detached traditional (minimum of 15,000 square feet). The applicant has proposed lots of 13,125 square feet in size and may not be consistent with the surrounding neighborhood. STAFF RECOMMENDATION FOR 05/18/05 PLANNING COMMISSION MEETING: The proposed subdivision appears to satisfy agency and ordinance requirements, once the waiver and exception issues are resolved. The proposed two (2) residential lots will each be 13,125 square feet, smaller lot sizes than the adjacent lots within this established neighborhood. These proposed lots comply with the dimensional requirements of the single family detached urban housing type, in particular, the minimum lot size of 12,000 square feet. Access to the proposed lots to be via Stanley Drive (Route 780). This property is located within the UDA and SWSA as indicated in the 2003 Frederick County Comprehensive Policy Plan. When considering the waiver requests, the Planning Commission should consider the surrounding properties and their existing improvements. Staff is seeking administrative approval authority; therefore a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. Subdivision Application #15-05 May 5, 2005 Page 3 Action on three items would be appropriate: • Open Space waiver (PC Waiver) • Curb and gutter, sidewalks, and street lights exception (Board waiver) • Granting staff administrative approval authority (Board action) Date • '// APPLICATION AND CHECKLIST SUBDIVISION FREDERICK OOUNTY VIRGINIA Application I IS'05- APR 2 F Fee Paid��'"� Applicant/Agent: GreyWolfe, Inc. N Contact Gary R. Oates, LS -B Address: 1073 Redbud Road Winchester, VA 22603 Phone: 545-7823 Owners name: Clifton L. Lewis & Bunney L. Lewis Address: c/o William Truban, Attorney 103 North Braddock Street Winchester, VA 22601 Phone: Contact Mr. Truban 678-0995 Please list names of all owners, principals and /or majority stockholders: Clifton L. Lewis & Bunney L. Lewis Contact Person: Gary Oates N GreyWolfe, Inc Phone: 545-7823 Name of Subdivision: n/a Number of Lots 2 Total Acreage 0.6026 acres Property Location: East side of Stanley Drive (Rt. 780) 800' north of intersection wth Rt. 50 East (Give State Rt - 0, name, distance and direction from intersection) Magisterial District Redbud Property Identification Number (PIN)) 64A -(A)-6 8 Property zoning and present use: 9- U RP with garage/shed Adjoining property zoning and use: Zoned RP with residences Has a Master Development Plan been submitted for this project? Yes X No If yrs, has the final MDP been approved by the Board of Supervisors? Yes No What was the Master Development Plan title? n / a Does the plat contain any changes from the approved MDP? If yes, specify what changes: h1himm Lot size (smallest lot): 13,125 sf Number and types of housing units in this developoxv: Yes X No 2 single family detached 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: �2 /c S' Exhibit "A" FINAL SUBDIVISION PLAT FOR THE LANDS OF CLIFTON L. & BUNNEY L. LEWIS REDBUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 20, 2005 • VICINITY MAP 1 " = 2000' OWNERS CERTIFICATE THIS SUBDIVISION SURVEY OF THE LANDS OFANTHONY LEE COOK AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. SIGNATURE - CLIFTON L. LEWIS COMMONWEAL TH OF VIRGINIA CD Y/COUAITY OF BEFORE ME THIS DAY OF - - PRINTED OWNER PRINTED NOTAPYPUBLIC MY COMMISSION EXPIRES _ SIGNATURE - BUNNEY L. LEWIS TO G`v17:7-r;E FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED , 2005, BY: - ^ PRINTED OWNER SIGNATURE NOTARYPUBLIC SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS SUBDIVISION SURVEY ARE THE LANDS CONVEYED TO CLIFTON L. LEWIS AND BUNNEY L. LEWIS BY DEED FROM LEWIS A. LAMP, JR., (BY BUNNEY L. LEWIS, AS HIS ATTORNEY-IN-FACT AND AGENT) AND NA OMI S. LAMP, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 958 AT PAGE 44 DATED MAY 13, 1999. GARY R. OATES, LAND SURVEYOR PARENT TRACT APPROVAL PARCEL 64A -(A)-6 0.6026 ACRES ZONED: RP FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE UR. 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWolfelnc@aol.com 540-545-7823 OFC y 540-545-4001 FAX DRAWN BY: GRO FILE NO: 0064 1 SHEET 1 OF 2 AInTFS 1. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN APRIL OF 2005. 2. BA515 OF MERIDIAN IS BASED ON THE SUBDIVISION SURVEY OF RECORD BY LEE A. EBERT, DATED SEPTEMBER 14, 1964 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 303 AT PAGE 236. 3, A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.I. R. M. COMMUNITY PANEL - No. 510063 0115 B - DATED JUL Y 17, 1978 - IN FLOOD ZONE 'C' AREAS OF MINIMAL FLOODING. ABBREVIATIONS BRL = BUILDING RESTRICTION LINE EX. = EXISTING IPF = IRON PIPE FOUND IRF = IRON ROD FOUND R. 0. W. = RIGHT OF WAY p = PROPERTY CORNER FOUND p = 5/8" IRON ROD SET AREA TABULATION LOT ADJ. ACREAGE 64A -(A)-6 0.301 ACRES 64A -(A) -6A 0.301 ACRES ORIGINAL 0.602 ACRES RAVEN WING — SECTION 1 LOT 73 LOT 74 '14 "IPF 503°0220"E 75.00' 1e 75.00' 25' B.R.L. I I GARAGE BB #206 rn 64A -(A) -6A rn 125 sf 64A -(A)-5 13, I JACK G. & MARY E. SWANSON L 35'B.R.L. DB 303, PG 234 I I USE: RESIDENTIAL ZONED: RP i 75.00' i 11/2 'IPF ON �P�-T H OF I f� u GARY R. OATES v No. 1518-B FILE NO: 0103 N 03002'00" W 64A -(A) 13,125 sf 35' B.R.L. 75.00' 25' B.R.L. i 0 cn til v o w `E A�� illti 6 QQ LOT 72 GARAGE SHED 11J HOUSE #202 64A -(A)-7 HOWARD R. & MARY L. KENNEDY DB 888, PG 263 USE: RESIDENTIAL ZONED: RP )— E_ — E F 3/4 "IPF STANLEY DRIVE (56'R. 0. W.) STATE ROUTE 780 40' 0' 40' GRAPHIC SCALE FINAL SUBDIVISION PLAT FOR THE LANDS OF CLIFTON L. LEWIS & BUNNEY L. LEWIS REDBUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GreyWolfe, 073 RedbuRoad � Inc.� Winchester, VAA22603 ' Land Surveying and Consulting GreyWolfelnc@aol.com 540-545-7823 OFC 540-545-4001 FAX DATE: APRIL 20, 2005 SCALE: 1- = 40' 1 SHEET 2 OF 2 # 1328 j ANNA J. MILLER TO WILLIAM R. MITCHELL ET UX This DEED made and dated this 31st day of July, 1959, by and be- tween Anna J. Miller,,&dow, Grantor, party of the first part, and William R. Mitchell and Esther E. Mitchell, his wife, Grantees, parties of the second part. - WITNESSETH: That the said party of -.:ze first part for and in consideration of the cash sum of Ten Dollars, and other adequate considerations deemed valuable in law, the receipt of all of which is hereby acknowledged, does hereby grant, sell and convey, with General Warranty of Title, unto the said William R. Mitchell and Esther E. Mitchell, with common law right of survivorship. it being intended that the part of the dne first dying should then belong to the other, his or, her hems or assigns forever, the following lot ar parcel of land situate in Frederick County, Virginia, about one mile Eastward from Winchester anc more particularly described as follows: Beginning at an iron pin in the eastern boundary line of Stanley Drive, a corner to the Retained Portion, which pin is located by measuring N 3° 02' W 375.38 £t. along the said boundary line from a concrete marker at the"Inter- section of the said line with the northeastern line of the Proposed Custer Avenue] running with the said boundary line N 30 02' W 150 ft. to an iron pin corner to the Retained Portion; thence with the three following lines of the said other la N 860 58' E 175 ft. to an iron pin; thence S 30 02'--E 150 ft. to an iron pin; the: S 860 58' W 175 ft. to the beginning. Containing 26,250 Square Feet, according to a plat and survey made by Lee A. Ebert, Certified Land Surveyor, July 22, 1959 Said Plat and survey, being attached hereto and considered a part of this instru- ment. This is a portion of the real estate acquired by Frank S. Miller and Anna J. Miller, from the Winchester Golf Corporation by deed duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, and to which reference may be made for a further and more particular description of said real estate. This conveyance is made together with all rights, ways, privilege and appurtenances thereto belonging and subject to the restriction that no dwell- ing shall be built on said lot of a value of less than $10,000.00 and said dwell- ing shall be built in conformity with the building line, if such is shown on said Plat, and the acceptance of this deed by the Grantees, is an acknowledgment and acceptance for themselves and their heirs and assigns that said restrictions is a part of the valuable consideration for which this conveyance is made. The said party of the first part covenants that she has a good right to convey said real estate to the Grantees; that the same is free from all liens and encumbrances; and that she will grant such further assurances of title as may be requisite. Witness the following signature and seal: REVENUE STAMPS $ 2.75 CANCELLED ANNA J. MILLER State of Virginia, County of Frederick, to -wit: I, Nancy W. Glover, a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that Anna J. Miller, whose name is signed to the foregoing and annexed writing, bearing date the 31st day of July, 1959, has personally appeared before me in my County aforesaid and acknowledged the same. Mj commission expires April 1, 1961. Given under my hand this 31st day of July, 1959. NANCY W. GLOVER O O r OTHER LAND IRON PIN IRON PIN N 86" 58' E - 175' 26,250 SO. FT. W o N z h 0 J p li o . a M =E � Cr W 0 S 5 86° 58' W - 175' IRON PIN OTHER LAND pR CU 0 ly �1_1) FO S6, The above Plat is a Survey of a Portion of the Frank S. Miller Estate - Miller Heights - Land. The said Portion fronts the eastern boundary line of Stanley Drive - Rt. 780, in Shawnee District, Frederick County, Virgin Beginning at an iron pin in the eastern boundary line of Stanl Drive, a corner to the Retained Portion, which pin is located by measuring N 3° 021 W - 375.38 ft. along the said boundary line from a concrete marker at the intersection of the said line with: the northeastern line of the Proposed Custer Avenue, running with the said boundary line N 30 021 W - 150 ft. to an iron pin corner to the Retained Portion; thence with the three following lines of the sa other land N 860 58' E - 175 ft. to an iron pin; thence S 31 02' E - 150 ft. to an iron pin; thence S 860 58' W - 175 ft. to the beginning; LEE A. EBERT Certlf'fed Lanct Surveyor Containing ---- 26,250 Sq. Ft. Comm. of Virginia # 484 Surveyed ------ July 22, 1959. VIRGINIA, FREDERICK COUNTY,(SCT. This instrument of writing was produced to me on the 12th day of August, 1959, at 2:45 P. M. and with certificate of acknowledgment thereto ' annexed was admitted to record. Clm # �3�9 DELBERT CAIN, ET UX TO :: DEID OF TRUST I" C. C. CLOE ET AL TRS. ' DEID OF TRUST 0 �(P AZI THIS DEED, made this 1st day of August, 1959, by and between Delbert Cain and Kathleen Cain, both in their individual rights and as husband and wife, hereinafter called GRANTOR, and C. C. Cloe and Stanley A. Owens, here- li inafter called TRUSTEE ( if there be more than one trustee, any or all may act), J� WITNESSETH: THAT IN CONSIDERATION of the sum of FIVE DOLLARS in hand paid at and before the sealing and delivery of these presents, the receipt whereof is � hereby acknowledged, and for the express purpose of securing the payment of the hereinafter described indebtedness, the said GRANTOR does hereby grant and convey with GENERAL WARRANTY of title, unto the said TRUSTEE ( if there be more than one Trustee, any of all may act), all of the following real estate, including all improvements thereon and appurtenances thereunto belonging, and also all fixture° now or hereafter attached to or used in connection with the property herein des - below cribed, and in addition thereto such personal property as may be described/which is and shall be deemed to be fixtures and a part of the realty hereby conveyed I and is a part of the security for the indebtedness hereby secured and herein i mentioned and shall be covered by this deed of trust, and particularly described as follows: ALL THAT certain lot or parcel of land containing 20,230 square feet, more or less, lying and being situate along the Southern side of Virginia State Secondary Highway No. 672, a short distance East of Brucetown, in Stonewall District, Frederick County, Virginia, being the same land conveyed to the grantor herein by Mabel Catlett and husband by deed dated September 9, 1950, which deed is recorded in the Clerk's Office in said County in Deed Book 217, page 321, to which reference is hereby made for further and more complete particulars and derivation of title, being therein more particularly described as follows: DESCRIBID AS beginning at a point on the Southern side of said n� road a corner to the land of 0 .M. Swimley, and running thence with Swimley in a thence in an eastern direction with Shirkey Southern direction a distance of 238 feet, more or less, to a corner to Shirkey/ a distance of 85 feet, more or less, to a.stone corner to the other land of I Mabel Catlett; thence with her land a new line in a Northern direction a distance COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator &4c_ RE: Discussion: Removal of Section 165-48.9 of the Frederick County Zoning Ordinance. DATE: May 5, 2005 The Development Review and Regulations Subcommittee (DRRS) at its April 28, 2005, meeting discussed removing Section 165-48.9 of the Frederick County Zoning Ordinance. This section of the ordinance applies to Advertising specialties -wholesale -use in the B-2 (General Business) Zoning . -District. --Advertising specialties -wholesale use is mily.allowed_in the B-3., M-1 and N-2 Zonin Districts. The ordinance section is included for your review. (See attachments) Thin proposed ordinance amendment is presented as a discussion item to enable the Planning Commission to raise issues and seek clarification. Staff will be available to respond to your questions. Comments raised during this discussion will be forwarded to the Board of Supervisors for their consideration. MRC/bad Attachments 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 § 165-48.7 ZONING § 165-48.9 (c) Entrances onto the site shall clearly separate automobile traffic from truck traffic. Automobile parking and truck loading areas shall be clearly separated. (d) Parking areas shall be designed to accommodate the most intensive use of the structures. Parking may be constructed in phases to reflect required parking for the actual occupying uses, as determined by the application for a certificate of occupancy and/or change of use permit. (e) All uses shall be conducted entirely within enclosed structures. § 165-48.8. Humanitarian aid organizational office. [Added 1-27-1999] Nonprofit aid organizational offices located in the RA (Rural Areas) Zoning District shall be subject to the following requirements: A. A Category "B" zoning district separation buffer and screen, as described by this chapter, shall be provided 'in relation to surrounding properties containing residential uses: B. Maximum building square--footage-shall not exceed 15,000 square feet, or a floor area -to -lot area ratio (FAR) of 0.3, whichever is less. C. All signs shall conform with the cottage occupation sign requirements. D. No marketing of merchandise shall occur from this property. § 165-48.9. Advertising specialties -wholesale. [Added 5-10-20001 Advertising specialties - wholesale businesses located in the B-2 Business General Zoning District shall be subject to the following requirements: A. Establishments primarily engaged in such businesses shall not exceed 10,000 square feet of total floor area. B. Only 25% of the total floor area within a shopping center shall contain such businesses. C. Such businesses shall not have outdoor storage. 16572.5 5-20-2000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark Cheran, Zoning Administrator/, RE: RE: Discussion: Section 165-48.9. Streets: Inter -parcel connectors DATE: May 5, 2005 FAX: 540/665-6395 The Development Review and Regulations Subcommittee (DRRS) at its April 28, 2005, meeting discussed adding Inter -parcel connector streets to the Frederick County Zoning Ordinance. This proposed ordinance amendment to the Frederick County Zoning Ordinance will insure that inter -parcel connector streets are developed between adjoining parcels. The DRRS was in favor of this proposed ordinance amendment and recommended this amendment be forwarded to the Planning Commission for discussion. This proposed ordinance amendment is presented as a discussion item to enable the - - Planning Commission to raise issues and seek clarification. Staff will be available to ` respond to your questions. Comments raised during this discussion: will, be forwar4ed,te. the Board of Supervisors for their consideration. 165-48.9. Streets: Inter -parcel connectors. All residential subdivisions of more than ten (10) lots in the RP, R-4, R-5, and MS with residential uses shall have streets connecting to adjoining parcels. Any B-2 zoned parcels without a Master Development Plan (MDP) shall have streets connecting to adjoining B- 2 zoned parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) approved by the Board of Supervisors. This requirement for inter -parcel connector streets may be waived by the Board of Supervisors upon approval of the Master Development Plan (MDP) if the Board finds (i) that a connector street to an adjoining parcel is not likely to be needed, (ii) that the connector street would be required to be placed in a location which is impractical for location of a street, (iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate, or (iv) for other good cause shown by the applicant not contrary to good planning policy. All inter -parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Discussion: Section 165-48.9 May 5, 2005 Page 2 165-141 B. (11) The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with Section 165-48.9. MRC/bad WINCHESTER FREDERICK COUNTY VA'VkVIRGINIA EDC DATE: May 4, 2005 TO: Eric Lawrence, AICP Director, Frederick County Planning and Development FROM: Patrick Barker, AICP Executive Director RE: Development Impact Model The EDC, on behalf of the Development Impact Model Work Group (Work Group), is soliciting discussion and recommendations to the Frederick County Board of Supervisors (BOS) from the Frederick County Planning Commission regarding five (5) components of the proposed Development Impact Model. Prior to the discussion on these components, the EDC will provide a brief overview and demonstration of the proposed Development Impact Model. The Work Group was appointed by the BOS in late 2002. A listing of original membership is provided in attachment #1. Those components are: • Use of the Development Impact Model's outputs for understanding projected capltalJ',, Jiities impacts of a rezoning request • Revenue Assignment for understanding projected capital facilities impacts of a rezoning request - Only considered if Planning Commission recommends the above • Process for updating the Development Impact Model • School Children per Dwelling Unit • Use of Development Impact Model's licenses The EDC requests that this issue be included on the agenda of the Planning Commission's next scheduled meeting, Wednesday, May 18t" Thank you for your consideration. Your Move. Our Commitment. 45 East Boscawen Street A Winchester, VA 22601 A 540-665-0973 A Fax 540-722-0604 ♦ www.winva.com Page 2 of 5 Development Impact Modeling: Planning Commission Agenda Submittal 1. Use of the Development Impact Model's outputs for understanding projected capital facilities impacts of a rezoning request Currently, Frederick County Planning and Development utilizes the Capital Facilities Impact Model to generate the projected impacts on capital facilities by a development proposal during the rezoning process. Much of the data used by the Capital Facilities impact iviodei is dated and/or not Frederick County specific. Moreover, the functionality of the Capital Facilities Impact Model is not clearly known by staff. This aspect creates difficulty in updating the Capital Facilities Impact Model. The Work Group has proposed utilizing outputs from the Development Impact Model as a replacement to the Capital Facilities Impact Model. This act would require that Frederick County only maintain and operate one model for use with development proposals and comprehensive planning exercises. Furthermore, the Development Impact Model's functions and data sources are more clearly understood by staff. Discussion by Work Group and at the Planning Commission retreat in February expressed a desire to compare the outputs of the Development Impact Model and Capital Facilities Impact Model. This comparison required an update to numerous inputs of the Capital Facilities Impact Model. Staff from the Economic Development Commission spent considerable time attempting to comply with this desire. Due to the absence of any manual and notes, the output from Capital Facilities Impact Model cannot be updated to fully compare with the Development Impact Model's outputs. However, a comparison can occur with capital costs pDly projected by the model`." This comparison is provided in the below table. As the table shows, both models' capital facilities costs are nearly identical. Capital Facility Capital Facilities Impact Model Development Impact Model Difference Fire & Rescue $624.00 $624.00 $0.00 Schools $18,239.00 $19,189.00 $950.00 Parks & Rec $2,013.00 $2,013.00 $0.00 Public Safety $623.00 $659.00 $36.00 General Govt $320.00 $320.00 $0.00 Library $266.00 $267.00 $1.00 Above example uses the below assumptions 0 100 Single Family Units developed in one year with average assessed price of $400,000 0 2.77 persons per unit, and 0.70 school children per unit Discussion/Recommendation by the Planning Commission Permit Planning & Development staff use of outputs from Development Impact Model for projecting rezoning petition impacts, in replacing the existing Capital Facilities Impact Model. Your Move. Our Commitment. 45 East Boscawen Street A Winchester, VA 22601 A 540-665-0973 A Fax 540-722-0604 A, www.winva.com Page 3 of 5 Development Impact Modeling: Planning Commission Agenda Submittal 2. Revenue Assignment for understanding projected capital facilities impacts of a rezoning request If the Planning Commission recommends the above, a recommendation on the assignment of credit (revenues) to rezoning petitions is required. The Capital Facilities Impact Model currently does provide some credit. Two options for assigning revenues are provided. Option #1 o Assign no credit to analysis of a rezoning request's capital facilities impact. Option #2 o Assign credit based on following methodology. Attachment #2 is an example of how this option would work. - Step #1: Determine the Total Projected Frederick County and School Board Expenditures from Rezoning Petition, as produced by the Development Impact Model. - Step #2: Determine the Total Projected Frederick County and School Board Capital Facilities Expenditures. - Step #3: Divide the resulting value in Step #2 by Step #1. - Step #4: Determine the Total Projected Frederick County and School Board Revenue resulting from the Rezoning Petition, as produced by the Development Irr,pact Model. - Step #5: Determine the Total Projected Frederick County and School Board Revenue from Federal and oi!rres resulting M. , the Re-ron�ng Petition, as produced by the Deveioprnent impact Model. - Step #6: Subtract the resulting value in Step #5 by Step #4 (REVENUES TO APPLY AS CREDIT). - The resulting value from Step #6 is the Revenue Credit to be applied to the rezoning petition. The Credit is then distributed to each capital facility by its share of the total capital facilities projected. Your Move. Our Commitment. 45 East Boscawen Street ♦ Winchester, VA 22601 ♦ 540-665-0973 A Fax 540-722-0604 e www.winva.com Page 4 of 5 Development Impact Modeling: Planning Commission Agenda Submittal The table below provides a comparison of the outputs on a per dwelling unit basis of the two options discussed in the previous page. Capital Facility Option #1 Option #2 Difference Fire & Rescue $624 $362 $262 Schools $320 $186 $134 Parks & Rec $659 $383 $276 Public Safety $267 $155 $112 General Govt $2,138 $1,243 $895 Library $19,189 $11,153 $8,036 Total $23,196 $73,482 $9,774 Above example uses the below assumptions 0 100 Single Family Units developed in one year with average assessed price of $400,000 0 2.77 persons per unit, and 0.70 school children per unit Discussion/Recommendation by the Planning Commission • Apply revenue assignment option #2 as described. 3. School Children per Dwelling Unit The values assigned for school children generated per dwelling unit plays a major factor in projecting the impact of a development proposal or in a long-range planning exercise. As developed, the proposed Development Impact Model incorporates the school children per dwelling unit values within the current Capital Facilities Impact Model. Dwelling Unit Elementary Middle High Single Family .:3?; 0.140 0.170 Townhome 0.310 0.120 0.110 Multi -Family 0.150 0.140 0.140 Mobile Home 0.150 0.140 0.140 The consultant who updated the current Capital Facilities Impact Model in 1999 acquired these values from a Loudoun County study completed during the same time period. All feasible, timely, statistically reliable, financial responsible options were explored to acquire Frederick County specific values. Only two (2) options were found to exist. Option #1 o Continue use of School Children per Dwelling Unit multipliers from the Capital Facilities Impact Model. Option #2 o Inquiry to Frederick County Public Schools if they can produce the required values that are accurate and reliable. Discussion/Recommendation by the Planning Commission • Apply option #1 or #2 as described to acquire school children per dwelling unit values. Your Move. Our Commitment. 45 East Boscawen Street A Winchester, VA 22601 A 540-665-0973 A Fax 540-722-0604 A www.winva.com Page 5 of 5 Development Impact Modeling: Planning Commission Agenda Submittal 4. Use of Development Impact Model's licenses The license agreement with TischlerBise permits that Frederick County "may make up to five (5) copies of the FISCALS application for use on its own computers". Discussion by the Work Group has yielded the following assignment of the provided licenses. • Frederick County Finance Department (1) • Frederick County Planning & Development Department (2) o Staff use o Public Workstation • Frederick County Administration (1) • Winchester -Frederick County Economic Development Commission (1) The above assignment recommendation provides for full read-only access by the public, including the building industry. Moreover, discussion over development proposals is enhanced by retaining the Development Impact Model's integrity. To provide for attention access, a form similar to attachment #3 could be developed. This form could provide the public with a reasonable amount of results from the Development Impact Model should they be unable to allocate sufficient time to perform analysis at the provided public access workstation. Discussion/Recommendations by the Planning Commission ® Apply assignment of provided licenses as described. 5. piroceas for updating the Deveiopment Impact Model Critical to the success of the Development Impact Model is keeping the data current. 1 his mandate was at the forefront of the Work Group's activities from the . onset. As such, the following is recommended for consideration and discussion: Listing of critical inputs which require annual review/update (Attachment #4) Requirement to update critical inputs within two (2) months after adoption of Frederick County's Annual Budget Appointment of Committee to oversee update process as described below: o Economic Development Commission (1) o Planning & Development (2) o Administration (1) o BOS (1) o Frederick County Public Schools (1) o Top of Virginia Building Association (2) o Finance (1) BOS approves appointments on a two-year basis Discussion/Recommendation by Planning Commission • Apply described update process. Your Move. Our Commitment. 45 East Boscawen Street ♦ Winchester, VA 22601 A 540-665-0973 A Fax 540-722-0604 A wvvw.winva.com Attachment #1 Development Impact Model Work Group Membership Your Move. Our Commitment. 45 East Boscawen Street A Winchester, VA 22601 A 540-665-0973 A Fax 540-722-0604 A www.winva.com Membership: Development Impact Model Work Group Economic Development Commission - Patrick Barker Frederick County - Administration • Kris Tierney • Linda Tyler, BOS - Planning and Development • Eric Lawrence, Director • Charles Dehaven, Chairman Community Organizations - Community Consensus Coalition • Jim Vickers - VISION • Mike McMillan • Bill Rosenberry - Blue Rimae Board of Realtors ® Doug Dolan L - Top of Virginia Builders Association • Vaughn Foura - Winchester -Frederick County Industrial Park Association • Lewis Costello Your Move. Our Commitment. 45 East Boscawen Street A Winchester, VA 22601 ♦ 540-665-0973 A Fax 540-722-0604 A www.winva.com Attachment #2 Revenue Assignment Example: Option #2 Your Move. Our Commitment. 45 East Boscawen Street A Winchester, VA 22601 L 540-665-0973 A Fax 540-722-0604 A wwwwinva.com OUTPUT MODULE Applicant; Planning Example Residential Units (number) 100 Absorption Proffered No Non -Residential (sq. ft.) - Absorption Proffered No NOTES: 1. Analysis is completed with an aborption schedule if proffered in the rezoning petition. 2. If the application does not proffer an absorption schedule of non-residential, this analysis does not consider that use. 3. Revenue credit includes only local generated revenue. No Federal or State revenues are considered as they are not used for capital facilities. Calculation for Revenue Credit is below. Revenues that are applied as credit are assigned to each capital facilities based on its percentage of the total capital costs Step #1: Determine the Total Projected Frederick County and School Board Expenditures from Rezoning Petition, as produced by the Development Impact Model. $12,363,950 Step #2: Determine the Total Projected Frederick County and School Board Capital Facilities Expenditures. $2,319,569 Step #3: Divide the resulting value in Step #2 by Step #1. Cost of Capital Facilities Revenue Assignment Revenue Credit Net Capital Facilities Impact Net Cost Per Unit Fire And Rescue $62,369 2.7% $33,425 $28,944 $289 General Government $31,978 7.4% $17,138 $14,840 $148 Public Safety $65,851 2.8% $35,291 $30,560 $306 Library $26,658 7.7% $14,287 $12,371 $124 Parks and Recreation $213,828 9.2% $114,595 $99,233 $992 School Construction $1,918,885 83% $1,028,371 $890,514 $8,905 Total $2,319,569 700,0% $1,243,106 $1,076,463 $10,765 NOTES: 1. Analysis is completed with an aborption schedule if proffered in the rezoning petition. 2. If the application does not proffer an absorption schedule of non-residential, this analysis does not consider that use. 3. Revenue credit includes only local generated revenue. No Federal or State revenues are considered as they are not used for capital facilities. Calculation for Revenue Credit is below. Revenues that are applied as credit are assigned to each capital facilities based on its percentage of the total capital costs Step #1: Determine the Total Projected Frederick County and School Board Expenditures from Rezoning Petition, as produced by the Development Impact Model. $12,363,950 Step #2: Determine the Total Projected Frederick County and School Board Capital Facilities Expenditures. $2,319,569 Step #3: Divide the resulting value in Step #2 by Step #1. 18,8% Step #4: Determine the Total Projected Frederick County and School Board Revenue resulting from the Rezoning Petition, as produced by the Development Impact Model $10,023,138 Step #5: Determine the Total Projected Frederick County and School Board Revenue from Federal and State sources resulting from the Rezoning Petition, as produced by the Development Impact Model $3,397,036 Step #6: Subtract the resulting value in Step #5 by Step #4 (REVENUES TO APPLY AS CREDIT). $6,626,102 The resulting value from Step #6 is the Revenue Credit to be applied to the rezoning petition. The Credit is then distributed to each capital facility by its share of the total capital facilities projected. Model Run Date: 05/05/05 PEB Application Description: 100 Single Family Units Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. Attachment #3 Request Form for Development Impact Model Outputs Your Move. Our Commitment. 45 East Boscawen Street A Winchester, VA 22601 ♦ 540-665-0973' ♦ Fax 540-722-0604 A wwwwinva.conn REQUEST FORM INSTRUCTIONS 1. Fill out form as described below. 2. Fax to 540-665-6395 3. Please allow three (3) working days for response RESIDENTIAL DEVELOPMENT COMPONENT Housing Unit Type #1: Number of New Units: Absorption Schedule: Single Family Homes 300 Percentage 10% Custom Annually Housing Unit Type #2: Townhome Number of New Units: F-- 400 _ Absorption S-1' iedale: Percentage Annually 0 �- Custom Housing Unit Type #3: Apartments Number of New Units: 100 Absorption Schedule: Percentage Annually ] Custom 10 - 1 year, 50 - year 2, 30 - year 3 NONRESIDENTIAL DEVELOPMENT COMPONENT Non -Residential Type #1: Retail Number of Square Feet 100,000 Absorption Schedule: Percentage Annually 50,000 Custom Non -Residential Type #2: Office Number of Square Feet Absorption Schedule: Percentage Annually Custom 1 25,000 - Year 1, 25,000 - Year 2 Non -Residential Type #3: Number of Square Feet Absorption Scheduler Percentage Annually Custom Attachment #4 Critical inputs which require annual review/update Your Move. Our Commitment. 45 East Boscawen Street A Winchester; VA 22601 A 540-665-0973 ♦ Fax 540-722-0604 A www.winva.com Annual Review/Update Critical Inputs Current Inputs Value Source POPULATION 66,244 Weldon Cooper Center Number of Dwelling Units SINGLE FAMILY -DETACHED SINGLE FAMILY -ATTACHED MULTIFAMILY MOBILE HOME/OTHER AGRICULTURE/OTHER JOBS INDUSTRIAL JOBS RETAIL/SERVICE JOBS OFFICE/INSTITUTIONAL JOBS PARK ACRES RES SHERIFF CALLS NONRES SHERIFF CALLS RES FIRE CALLS NONRES FIRE CALLS OTHER FIRE CALLS ELEMENTARY ENROLLMENT MIDDLE ENROLLMENT HIGH ENROLLMENT TOTAL ENROLLMENT Residential Average Weekday Vehicle Trips Ends per Unit Single Family -Detached Single Family -Attached Multifamily Mobile Home/Other 17,560 CAMA File 1,983 CAMA Flle 1,444 CAMA Flle 2,332 CAMA Flle 300 Virginia Employment Commission 8,300 Virginia Employment Commission 6,000 Virginia Employment Commission 4,000 Virginia Employment Commission 400 Frederick County Parks & Recreation 30,742 Frederick County Sheriff's Office 16,724 Frederick County Sheriff's Office 3,485 Frederick County Fire & Rescue 1,361 Frederick County Fire & Rescue 1,529 Frederick County Fire & Rescue 5,060 Frederick County Public Schools 2,901 Frederick County Public Schools 3,350 Frederick County Public Schools 11,311 Frederick County Public Schools 9.57 (ITE) Trip Generation Manual (2003) 5.86 (ITE) Trip Generation Manual (2003) 6.59 (ITE) Trip Generation Manual (2003) 4.99 (ITE) Trip Generation Manual (2003) Non -Residential Average Weekday Vehicle Trips Ends per Unit Office 15.59 (ITE) Trip Generation Manual (2003) Retail 68.17 (ITE) Trip Generation Manual (2003) Ind./Flex 12.76 (ITE) Trip Generation Manual (2003) Annual Review/Update Critical Inputs Inputs Person per Dwelling Unit Single Family -Detached Multifamily Mobile Home/Other School Children per Dwelling Unit Single Family -Detached Elementary Middle High Multifamily Elementary Middle High Mobile Home/Other Elementary Middle High Assessed Value Residential (Dwelling Unit) Single Family -Detached Apartment Low Rise Apartment High Rise Apartment Residential Condo/Townhouse High Rise Condo/Townhouse Mobile Home Park Senior Adult Housing -Detached Senior Adult Housing -Attached Congregate Care Facility Non -Residential (sq. ft.) Retail Office Manufacturing Distribution Current Value Source 2.77 US Census 2000 2.12 US Census 2000 2.43 US Census 2000 0.39 TBD 0.14 TBD 0.17 TBD 0.31 TBD 0.12 TBD 0.11 TBD 0.31 TBD 0.12 TBD 0.11 TBD TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue TBD Frederick County Commissioner of Revenue Page 2 Annual Review/Update Critical Inputs Current Inputs Value Source Prototype Elementary School Capacity (student program capacity) 644 Frederick County Public Schools Prototype Middle School Capacity (student program capacity) 850 Frederick County Public Schools Prototype High School Capacity (student program capacity) 1,200 Frederick County Public Schools Fire Station Station Call Capacity 1,500 Frederick County Fire & Rescue Pubilc Safety Facility Growth Related Percentage 60% Frederick County Sheriff's Office Additional Units Served (persons) 15,000 Frederick County Sheriff's Office Parks & Recreation -(Base Line Inventory) Regional Park Land 346 Acres Frederick County Parks & Recreation Community Park Land— 16 Acres. Frederick County Parks & Recreation Trails 4.50 Miles Frederick County Parks & Recreation Shelters 20 Facilities Frederick County Parks & Recreation Baseball Fields 15 Fields Frederick County Parks & Recreation Softball Fields 10 Fields Frederick County Parks & Recreation Playground/Picnic Area 20 Facilities Frederick County Parks & Recreation Picnic areas at regional parks 20 Facilities Frederick County Parks & Recreation Tennis Court 9 Courts Frederick County Parks & Recreation Basketball Courts 5 Courts Frederick County Parks & Recreation Swimming Pool 2 Facilities Frederick County Parks & Recreation Soccer Fields 5 Fields Frederick County Parks & Recreation Volleyball Courts 3 Courts Frederick County Parks & Recreation Horeshoe Courts 8 Courts Frederick County Parks & Recreation Animal Shelter Growth Related Percentage 30% Frederick County Public Works Additional Units Served (persons) 6,500 Frederick County Public Works Page 3 Annual Review/Update Critical Inputs New Regional Library Growth Related Percentage Additional Units Served (persons) 29% Handley Regional I ibrary 16,000 Handley Regional Library Page 4