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PC 04-21-04 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia April 21, 2004 7:00 P.M. CALL TO ORDER TAB 1) March 17, 2004 Minutes ............................................... (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Rezoning #04-04 of Bean Property, submitted by Greenway Engineering, to rezone five (5.0) acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located on Bean's Pond Lane, approximately 1/2 mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions, and is identified byProperty Identification Number (PIN) 55-A-208, in the Red Bud Magisterial District. Mr. Camp............................................................(B) 5) Conditional Use Permit #03-04 of David Monroe for a Cottage Occupation - Machine Shop. This property is located at 262 Klines Mill Road (Route 633), off of Route 11 South, south of the Route 11 truck scales, and is identified with Property Identification Number 84- A-68 in the Back Creek Magisterial District. Ms. Mills............................................................(C) 6) Conditional Use Permit #04-04 of Barry Eaton (Big Barry's Beef Jerky and Venison Processing) for a Cottage Occupation - Workshop with Processing Equipment. This property is located at 4694 N. Frederick Pike, and is identified with Property Identification Number 30 -A -14A in the Gainesboro Magisterial District. Mr. Cheran ........................................................... (D) 7) Other 0 L J 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 March 17, 2004. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; and Gene E. Fisher, Citizen at Large; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Jeremy F. Camp, Planner I1; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - FEBRUARY 18, 2004 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of February 18, 2004 were unanimously approved as presented. Frederick County Planning Commission Draft Minutes of March 17, 2004 Page 1255 -2 - COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 03/08/04 Mtg. Commissioner Light reported that the CPPS has completed the portion of the Rural Areas Study that identifies potential problems and is now involved in stake -holder meetings. Commissioner Light reported that the CPPS has already met with the Farm Bureau, the Top of Virginia Builders, and the design community. He added that multiple meetings and agendas are scheduled for the upcoming months; he invited anyone who is interested in participating to do so. Winchester City Planning Commission (WPC) - 03/16/04 Continissioner Ours reported that one of the issues before the WPC was a rezoning that could potentially bring residential development into the northern part of the Old Town District. Also rezoned was some property on north Cameron Street, which is the current location of C -CAP, from Commercial -Industrial to Central Business. Commissioner Ours reported that the building will be demolished and the developer has indicated intentions to build an age -restricted complex, along with some retail and commercial. In addition, he said that a site plan was approved for the expansion and renovation of Daniel Morgan Middle School. PUBLIC HEARING Rezoning #03-04 of the Racey Tract, submitted by Blue Springs View, LLC, to rezone 105.65 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Interstate 81, approximately '/z mile south of Fairfax Pike (Rt. 277), east of Town Run Lane (Rt. 1012), and to the south of Ridgefield Avenue (Rt. 1065) along Ewing Lane. In addition, this property is south of Ridgefield Subdivision, east of Stephens Ridge Subdivision, and west of Woodside Subdivision. The property is identified with P.I.N. 85-A-140 in the Opequon Magisterial District. Action - Tabled Jeremy F. Camp, Planner, stated that approximately 18 months ago, the Board of Supervisors denied a request to expand the UDA (Urban Development Area) to include the entire Racey Tract within its limits. He explained that the UDA line traverses the site and approximately 26%2 acres of the site are located outside of the UDA; the remaining 105.65 acres of the site within the UDA are proposed for rezoning. Planner Camp said that on an adjacent parcel owned by the Town of Stephens City, there is an abandoned wastewater treatment facility, a lagoon, which has been closed since 1996. He said that the applicants are proposing to remove the lagoon and they have obtained an approved plan from the Virginia Department of Health for the lagoon's closure. This area is planned to be the site for the construction of the proposed primary access, which would traverse the Stephens City parcel and then eventually enter into the network of roads proposed for the subdivision. Frederick County Planning Commission Draft Minutes of March 17, 2004 Page 1256 -3 - Planner Camp stated that the applicant has offered an extensive proffer statement which exceeds the general development practices normally seen in previous applications. He said that the proffers are the applicant's intent to mitigate the impacts of the proposed rezoning. Planner Camp proceeded to summarize some of the primary proffers for the Planning Cornnission, which included: a general conformance with the GDP (General Development Plan); a monetary contribution of $10,072.00 per lot; the development of no more than 228 single-family detached dwelling units; the development of buffers within various areas of the site; the construction of a conununity pool; and the development of a centrally -located, 1.3 -acre open green area. Planner Camp next summarized the various transportation proffers, which included: the improvement of the intersection of Fairfax Pike (Rt. 277) and Stickley Drive by providing not only a traffic signal, but additional turn lanes; the provision of a traffic signal at Double Church Road; inspection of surface conditions to determine compliance with current standards; and, the provision of an 80' right-of-way through the entire property which could be used as a future public road by Frederick County. Planner Camp continued, stating that the applicant's transportation impact analysis reveals that, based on 2007 projection levels, they would be improving the LOS (Level of Service) for several intersections, however, at the northbound ramp at the I-81 intersection, there will be a decrease in the LOS during the evening hours. In conclusion, Planner Camp pointed out that the staff verified through a field inspection and through speaking with the applicant that the property was not properly posted with a public hearing sign for this meeting. He said the staff is, therefore, reconunending that the Planning Conunission consider tabling any action this evening. Conunissioner Gochenour expressed a need for clarification on some site suitability issues, including the closing of the lagoon, the possible disturbance of flood plains, wetlands, and steep slopes, and possible impacts to the Stephens Run watershed. Conunissioner Light inquired if the 40' strip of land proposed as open space might possibly create future issues; specifically, could there be questions as to whether the area was active or inactive, and whether or not storage structures would be permitted within the 40'. Commissioner Light also inquired whether the 80' right-of-way for the future maj or collector would be an at -grade system that could be dedicated at a later time. Planner Camp replied that the 40' strip of land is not apart of any of the lots and, therefore, should not present any future issues; he added that the applicant has not proposed any grading work for the 80' right-of- way. In addition, Commissioner Light inquired as to why the significant degradation of traffic to Stickley Drive was not foreseen when the Southern Hills development was being considered. Planner Camp replied that the County's standards have significantly increased since the time Southern Hills was considered. Planning Director Lawrence added that with the Racey Tract application, the traffic impact analysis was performed for a much larger area than was done for the Southern Hills development. Mr. Scott Plein with Blue Springs View, LLC, representative for the Racey Tract, stated that. they have met with area residents on numerous occasions, both individually and as a group, and they have also met with neighboring farmers. Mr. Plein proceeded to discuss the various proffers offered, beginning with their proposed traffic calming methods, which included a plaza and a circuitous road network, their proposed tree- scape and tree -save areas, and the proposed swinuning pool and tennis courts that would also be available to Frederick County Planning Commission Draft Minutes of March 17, 2004 Page 1257 -4 - the residents of the adjacent Woodside neighborhood. He next described the 30% open space area and, in addition, the 26 acres of non-UDA space which they have placed in an open space easement allowing its future use to be determined by the County, possibly as a school site or a recreational area. In addition, Mr. Plein believed that closing the lagoon would be a positive step and he assured the Commission of their intentions to protect Stephens Run and the drainage swale. Mr. Plein next addressed the transportation issues and stated that VOO T has been adamant about getting the most in-depth information possible regarding the traffic impacts and VDOT believed it was necessary to scope this proposal to include the I-81 Interchange, the Double Church Road Interchange, as well as the Stickley Drive intersection. Mr. Plein believed that if the improvements that were called for were made, such as constructing improved intersections at Stickley and Fairfax Pike (Rt. 277), and at Double Church Road and Fairfax Pike (Rt. 277), the traffic conditions would improve exponentially; he believed those intersections were extremely critical in making the system work. He commented that a traffic signal alone at Stickley and Fairfax will not improve the level of service and the intersection will still operate at a failing level. He remarked that only the necessary lane improvements will make this intersection work. Mr. Plein stated that they will complete the intersection improvements at Stickley Drive and Fairfax Pike (Rt. 277) prior to the issuance of the first building permit. Commissioner Unger asked Mr. Plein if he could provide the Cormnission with an estimate of the number of homes planned to be constructed per year and Mr. Plein said that he would comply with that request. Additional questions were raised regarding the closing of the lagoon, such as what will be done with the water and the sediment at the bottom of the lagoon. Mr. Plein replied that the water will be pumped directly into the sewage system, which runs through the property, and will be carried out in a manner that is acceptable by the FCSA. He said that the sediment at the bottom of the lagoon will not be appropriate as a compacted fill for a building site and will need to be removed. Mr. Tadeusz W. Lewis, P.E., with GeoConcepts Engineering, Inc., negotiated the lagoon's closure plan with the Virginia State Department of Health (VDH). Mr. Lewis explained that there are no inspection procedures through the VDH during the process of closing of the lagoon. He said that after approving the permit, the VDH relies on a third party consultant, which in this case is GeoConcepts Engineering, Inc., to monitor the work. Mr. Lewis said that his firm will be on-site full-time monitoring the work and chemical and compaction testing. Mr. Lewis said that they will prepare a report at the conclusion of the closure that will be submitted to VDH. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Donald Presnell, a resident at 123 Driftwood Drive in the Stephens City area, was concerned about an already overburdened Fairfax Pike (Rt. 277). He presented a map in which he compared development that has occurred in the Stephens City area since 1966 and the development that has just recently occurred within the last five years. Mr. Presnell was not in favor of additional residential development in the area south of Fairfax Pike (Rt. 277), unless Fairfax Pike (Rt. 277) was increased to a four -lane road. Ms. Sandra Ritenour, a resident of the Opequon District, had concerns regarding the traffic and environmental impacts to Stephens Run. Ms. Ritenour explained that Stephen Run winds all the way Frederick County Planning Commission Draft Minutes of March 17, 2004 Page 1258 -5 - through her family farm and naturally, they are concerned. She said they have had issues in the past with over- run and various issues with the Stephens City lagoon. She remarked that they were glad the lagoon was closed, however, they want to make sure the closure is complete and correct. Ms. Ritenour next read a letter she had prepared for the Connnission detailing concerns she had with the Racey Tract rezoning. She wanted to be assured that no discharge of supernatant or liquids of any kind would be discharged into Stephens Run and that a test be conducted for human pathogens; she questioned whether the original lagoon site had been wetlands or part of a flood plain and if a plan had been specified for wetlands protection or reclamation; she was concerned about the increased traffic congestion on and near Fairfax Pike (Rt. 277), from previously- approved commercial and residential growth; and, she believed that approval should be made contingent upon actual major road improvements. Mr. Mark Cain, a resident at 103 Driftwood Drive in Woodside Estates, was opposed to any further residential development in this area before the infrastructure needs were met; he cited the lack of any credible comprehensive plan for significantly improving the traffic flow on Fairfax Pike (Rt. 277). Mr. Cain did not think it was wise to add another 250 homes to the bottleneck at the intersection of Fairfax Pike (Rt. 277) and I-81. In addition, he preferred to see infrastructure improvements funded by commercial and industrial growth. He was also opposed to connectivity between Driftwood Drive and the Racey tract. Mr. John Milan, a resident on Peace and Plenty Lane, adjacent to Southern Hills, also had the opinion that infrastructure should be in place before development occurs. He said that long-range plans are necessary, but there should be a timing sequence which is incorporated within the Comprehensive Plan. He believed the bar should be raised on what the County expects for traffic standards. Mr. Gary L. Scothom, a resident ofthe Opequon District, questioned the 5% regional annual growth rate used in the traffic analysis calculations and he questioned what the "regional area" included. He believed Stephens City was growing at a greater rate than 5%, which would skew the information provided by the applicant. In addition, he pointed out that the residential development just recently approved within the Stephens City corporate limits was also not included in the traffic analysis for this rezoning. Ms. Jennifer McKelvey, President ofthe Woodside Estates Homeowners Association, said that in addition to the traffic concerns already raised, other issues raised by Woodside Estates homeowners were the impacts to the school system, especially the affects on classroom size, impacts to emergency services, and impacts to water and sewage services in the Stephens City area. Mr. Jeffrey Jenkins, a resident of Woodside Estates, came forward to discuss the connectivity to Woodside Estates; he noted that Driftwood and Trunk Drive are not wide enough to handle the traffic that will be brought through this neighborhood. Mr. Jenkins also believed that the residents on Town Run Lane in Southern Hills will use the Racey subdivision and Woodside Estates as a cut -through to Double Church Road, in order to miss the traffic lights and congestion on Fairfax Pike (Rt. 277). He said the residents of Woodside Estates would prefer not to be connected to this subdivision. Ms. Gretchen Presnell, a resident on Driftwood Drive in Woodside Estates, expressed concern about the impact of traffic congestion on the response time for emergency services, especially since that facility was located on the other side of I-81. Ms. Presnell also had safety concerns about the possible increase in traffic on Driftwood Drive, resulting from motorists cutting through Woodside Estates to go to Food Lion, Rite-Aid, Sherando High School, Rt. 522, and points east. Frederick County Planning Commission Draft Minutes of March 17, 2004 Page 1259 Ms. Kara Forno, a resident of Woodside Estates and a professional educator in Frederick County, said that funding is not available for hiring additional teachers and classrooms are already crowded; she did not believe the schools could handle an extra neighborhood of children. She said that as a classroom teacher, she can verify that it is difficult to teach a class consisting of 20-30 children and it is preferable to have low classroom numbers. Mr. John Murphy, a resident of the Ridgefield area, said that his greatest concern was for emergency services. Mr. Murphy inquired if there were any plans to construct a substation on the east side of I-81. Chairman DeHaven replied that there were long-range plans for a station on the east side of I-81. Mr. Alfred Marks, a resident on Trunk Drive in Woodside 11, remarked that this developer is very positive in his attitude and has been very responsive to the concerns of the neighborhood residents. Mr. Marks believed that the traffic issues on Rt. 277 are already existing today and the impact of this development will be small by comparison, probably about 3%. He said the bottom line is that this is a quality developer and if someone is going to build on the property behind him, this is the kind of individual he wanted back there. Mr. Ronald Rodgers, a homeowner in Woodside Estates II and a board member of the Woodside Estates II Homeowners Association, also had the opinion that this developer was responsive to the concerns of the existing adjacent residents, with regards to buffers between the two areas and water run-off. Mr. Rodgers said that one of the most significant problems they are experiencing in their development is water run-off from the Racey property, which he believed was not properly addressed when Woodside II was developed. He said that many of the homeowners in Woodside II have problems with flooding into their backyards and even into their basements. He believed that Hartwood development has also caused water run= off problems for some of the homeoNvners. Mr. Rodgers said that this developer is considering those issues and is trying to assist. Mr. Rodgers said that, unfortunately, the traffic problem already exists and is going to get worse, and, hopefully, there's a chance it will improve, based on the improvements the developer has committed to make. Mr. Steven Corbit, a resident at 124 Trunk Drive in Woodside Estates II, suggested that the area on the other side of I-81 be included in the transportation analysis; he said that the applicant's study only references two ramps, however, there are four ramps at that intersection. He was also concerned about the impacts of the traffic congestion at Fairfax Pike (Rt. 277) and Rt. 1 I on emergency services. In addition, Mr. Corbit asked for an explanation of how the proffer money contributed by the applicant gets distributed to services in Frederick County. Mr. Herbert Painter, a resident at 641 Double Church Road, said that when Woodside Estates I and II were being considered, concerns about the traffic on Fairfax Pike (Rt. 277) were raised and the residents were told the road would be upgraded. Mr. Painter said the two subdivisions were built and the traffic has worsened. He said that once again, additional homes are planned for this area without improvements to Fairfax Pike (Rt. 277). Mr. Painter commented that the state has now run out of money. Since everyone who wanted to speak had an opportunity to do so, Chairman DeHaven closed the public conmlent portion of the meeting. Mr. Scott Plein returned to the podium to address some of the comments made by the residents who spoke. Regarding the Fairfax Pike (Rt. 277) comments, Mr. Plein commented that other developments will continue to be approved, along with by -right development, resulting in additional traffic. He said that with Frederick County Planning Commission Draft Minutes of March 17, 2004 Page 1260 -7 - the additional traffic, their transportation improvements will be even more important and may be a catalyst to get other things started. He assured the Commission that their improvements to Stickley Drive and the Stickley Drive intersection will be completed before the first dwelling is constructed. Regarding schools, he said they will provide the dollar amount established by the capital facilities impact model. And finally, regarding the water and sewer, Mr. Plein said that they have received comments from the required agencies stating that the capacity is available to take care of the water and sewer needs for their development. Mr. Michael J.Workosky, traffic engineer with the firm, Wells & Associates, LLC, explained that after Frederick County and VDOT reviewed their first traffic study, dated August 21, 2003, VDOT and the County requested that his firm take a different approach, given the traffic history of the previous Southern Hills project and others. Mr. Workosky said that his firm prepared an addendum, dated November 5, 2003, which was provided to the Commission this evening. Mr. Workosky reviewed the process applied by his firm to arrive at the growth rate used for the study and he also described the improvements that were determined to be needed so the roads could operate efficiently. Mr. Worksosky agreed with the planning perspective that connectivity between subdivisions was preferable. He commented that in his experience, there are few projects in which the road improvements are made up front; he said that most developers prefer to stage those improvements as they build in order to fund the improvements. However, in this particular case, he said the applicant will be making the needed improvements before the project is built. Mr. Workosky next described the specific areas that their study encompassed, noting that it went from the South -bound off ramps and the North -bound off ramps over to Double Church Road and down Double Church Road, including Driftwood and Trunk Drive. Continissioner Light requested that a written agreement regarding the proper closure of the lagoon be prepared between the developer and/or his third -party group and Frederick County's Public Works Engineer/Director, Mr. Edward Strawsnyder, that would allow Mr. Strawsnyder to accept responsibility on Frederick County's behalf to make sure the closure is done properly. Commissioner Light also requested that the applicant submit a phasing program; he requested that the responsibility of maintenance of the 40' strip be designated in the applicant's proffer; and finally, he suggested that the 26 acres may be a good location for a future emergency services site, if the applicant would care to make that donation and if the Department of Emergency Services believed that particular location was appropriate. Conunissioner Light next moved to accept the letters of information that were submitted this evening for the Commission's information and to make them a part of the official record. This motion was seconded by Conunissioner Ours and unanimously approved. Chairman DeHaven noted that the correspondence submitted included letters from the Woodside Estates Homeowners Association, Mr. and Mrs. Mark Dreyer, Mr. Gary L. Scothorn, and Ms. Sandra Ritenour. Conmussioners conunented that this applicant has strived to address the impacts created by the development and has been very responsive to the neighborhood residences to work out problems. Commissioners also commented that with regard to the inter -parcel connectors, the applicant is meeting County requirements. It was noted that one of the reasons the coimectivity policy was implemented was to provide multiple access for fire and rescue vehicles. Commissioner Ours moved to table the rezoning application until the applicant and staff have determined that the application is complete and the legal posting requirements have been accomplished. This motion was seconded by Commissioner Kriz and unanimously passed. Frederick County Planning Commission Draft Minutes of March 17, 2004 Page 1261 -8 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning 403-04 of the Racey Tract, submitted by Blue Springs View, LLC, to rezone 105.65 acres from RA (Rural Areas) District to RP (Residential Performance) District until the applicant and staff have determined that the application is complete and the legal posting requirements have been accomplished. OTHER COMMITTEE APPOINTMENTS Chainnan DeHaven appointed Mr. Kevin W. Kenney of the Gainesboro District to the Development Review & Regulations Subcommittee (DRRS) and Mr. Philip A. Lemieux of the Red Bud District to the Comprehensive Plans & Programs Subconnnittee (CPPS), effective this evening, March 17, 2004. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:02 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Draft Minutes of March 17, 2004 Page 1262 REZONING APPLICATION #04-04 BEAN PROPERTY Staff Report for the Planning Commission Meeting Prepared: April 2, 2004 Staff Contact: jeremy F. Camp Planner !! This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 04/21/04 Pending Board of Supervisors: 05/12/04 Pending PROPOSAL: To rezone five (5.0) acres from the RA (Rural Areas) District to the RP (Residential Performance) District. LOCATION: The property is located on Bean's Pond Lane, approximately I/z mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 55-A-208 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoning: RP (Residential Performance) Use: Residential South: Zoning: RP (Residential Performance) Use: Residential East: Zoning: RP (Residential Performance) Use: Residential West: Zoning: RP (Residential Performance) Use: Residential PROPOSED USE: Residential, Single -Family Detached Urban Lots REZ #04-04, Bean Property Page 2 April 2, 2004 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 656 and 659. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Bean Property Rezoning Application dated 02/18/04 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: No concerns with this project. Appears to be consistent with surrounding parcels and land uses. No significant concerns related to fire protection. Frederick -Winchester Service Authority: No comments. County Engineer: A comprehensive review shall be performed with subdivision plan approval and review. We recommend approval of the rezoning. Sanitation Authority: No comment. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, the Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefields located on or adjacent to the property. County Attorney: O.K. Frederick County Public Schools: This letter is in response to your request for comments concerning the rezoning application for the proposed Bean Property from RA to RP. Based on the information included in the application packet, it is anticipated that the proposed 12 single family homes will yield a total of eight new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. REZ #04-04, Bean Property Page 3 April 2, 2004 Frederick County Department of Parks & Recreation: The monetary proffer proposed appears to be appropriate to meet the impact this development will have on the services offered by this department. Winchester Regional Airport: While the elevation of this site will not require a 7460-1 to be filed with the Federal Aviation Administration, it does lie within the air space of the Winchester Airport; therefore, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north. As the airport continues to expand services and operation, noise associated with such expansion will likely increase. Even though potential buyers may be aware of the airport's existence, they should be forewarned about aircraft noise and fly -over nuisance from aircraft. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. On December 8, 1999 all of the land around the subject 5 -acre site was rezoned to the RP (Residential Performance) District under rezoning application 915-99. Collectively the adjoining land is referred to as the property of the Channing Drive Rezoning, or independently as the Lynnehaven, Giles, and Fu-Shep properties. Planning Staff Comment: On March 23, 2004 the Frederick County Board of Supervisors adopted a resolution which enables the three developers of the Channing Drive Rezoning to proceed with Master Development Plan revisions independently of one another. It is expected that the Bean property will become part of the revised Lynnehaven master development plan if this rezoning application is approved. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1-1) Land Use The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the REZ #04-04, Bean Property Page 4 April 2, 2004 county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Comprehensive Policy Plan, p. 6-1, 6-2) The subj ect property is located entirely within the UDA. There are no small area land use plans found in the Frederick County Comprehensive Policy Plan for the site. In accordance with the Frederick County Comprehensive Policy Plan, "any new suburban residential development served by sewer and water will have to be located within the UDA." As such, the subject proposal is consistent with this general land use policy. (Comprehensive Policy Plan, p. 6-5) Transportation Significant transportation improvements are planned in the area of the proposed rezoning in the future. This includes improvements to Senseny Road (Route 657), an existing major collector road, and the construction of a new major collector road that will provide a valuable north -south link in the road network between Valley Mill Road (Route 659) and Senseny Road (Route 657), and ultimately south to Sulphur Springs Road (Route 655). This major collector road is referred to as Channing Drive and is currently under construction on adjacent developments. Channing Drive will be constructed adjacent to the eastern boundary of the Bean Property as part of the future development of the Lynnehaven, Giles, and Fu-Shep properties. 3) Site Suitability The subject five -acre parcel does not contain any environmental features or constraints that would either hinder or preclude site development. In particular, the site does not include any areas of steep slopes, flood plain, or wetlands. There are a few areas of small shrubs and trees on the property; however, there are no significant wooded areas. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks soil association. These types of soils are common on land located east of Interstate 81. They present some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. 4) Project Scope If the Bean property is rezoned and later master planned with the Lynnehaven Subdivision, the acreage of the Bean property and the Lynnehaven property would be limited to a maximum residential gross density of 2.5 units per acre, which is the same density proffered with the Lynnehaven property. Approving the requested rezoning of the Bean Property would allow for a more efficient distribution, and a potentially higher density of residential units, than would otherwise be possible with its omission from the Lynnehaven project. Statistically, the highest REZ #04-04, Bean Property Page 5 April 2, 2004 number of residential units possible on the five -acre site would be 15 dwellings if master pla_n_ned independently and 12.5 if master planned with the Lynnehaven Subdivision. The applicant projects that eight lots will be located on the five -acre parcel in majority. 5) Potential Impacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual, 6`h Edition, the proposed rezoning would increase traffic by 9.57 vehicle trips per day per lot. The applicants Impact Analysis Statement projects eight single-family detached urban residential lots being created from the five -acre site. A total of 77 average vehicle trips would be generated by eight single- family dwelling units. This translates to a projected increase in traffic on Senseny Road by 1.48% of the 2002 volume. Planning Staff Comment: There is no guarantee that eight lots will be located on the site in majority. However, there is not a significant difference between eight lots and the statistically possible 15 lots. B. Sewer and Water The Impact Analysis Statement of the applicant states that the proposed development will demand 2,000 gallons of water per day. This assumes that the projected eight single-family dwellings use 250 gallons of water per day. Planning Staff Comment: The Frederick County Sanitation Authority had "no comments" regarding this application. C. Historic Resources Neither the Frederick County Rural Landmarks Survey or the Frederick County Comprehensive Policy Plan identify any potentially significant historic resources on the subject site. 6) Proffer Statement - Dated February 18, 2004 A) Land Use Restrictions. The applicant has proffered to limit development for single- family detached urban lots only. B) Monetary Contribution for County Services. The applicant has proffered to contribute the sum of $3,278.31 for each single-family detached urban lot that has the majority of the lot area on the 5 -acre site. In addition, the applicant has proffered to contribute the sum of $50,000 within 30 days of Final Subdivision Plat approvals. REZ #04-04, Bean Property Page 6 April 2, 2004 Planning Staff Comment. The dollar amount proffered with this rezoning application is the same amount proffered in the Channing Drive Rezoning for the Lynnehaven, L.C. property. A lump sum payment of $50,000 is being paid in addition to theper lotpayments to coverprojected capital costs associated with Fire and Rescue and/or Public School services. In total, the proffered dollar amount comes close to matching the projected fiscal impact projected with the Frederick County Capital Facilities Impact Model. Assuming that 8 lots are created on the 5- acreparcel the monetary contribution would be $76,226.48; whereas, the Frederick County Capital Facilities Impact Model projects a total impact of $77,520. This is a difference of $1,293.52. C) Monetary Contribution for Traffic Signalization. The applicant has proffered to contribute the sum of $12,000 to Frederick County which may be used as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). Payment of this $12,000 will be paid when a traffic light is warranted by VDOT. D) Channing Drive Maior Collector Road. The applicant has provide assurances that the portion of Channing Drive that traverses the eastern boundary of the five -acre parcel. will be constructed and that there will be no entrances located directly off of Channing Drive to access the site. STAFF CONCLUSIONS FOR THE 04/21/04 PLANNING COMMISSION MEETING: The proposed rezoning is a request to rezone a 5 -acre parcel from the RA (Rural Areas) District to the RP (Residential Performance) District with the reported intent of improving the layout of lots in the adjacent Lynnehaven Subdivision. The property is located within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). Moreover, the request to rezone this property does not conflict with the policies of the Frederick County Comprehensive Policy Plan and Channing Drive will be constructed adjacent to the eastern portion of the property. Followin.z the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. OUTPUT MODULE APPLICANT: Bean Property Net Fiscal Impact LAND USE TYPE Residential Per Costs of Irapa r Credits to he REAL EST VAL $1,311,000 FIRE & RESCUE 1 .t alit• Taken for Future Taxes Paid (N24 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Capital Faciltiimc Total Potential Tax Credits Adjustment For Revenue- Net Capital Net Cost Per col sum only) O .r a a Bio FYn ndtDabt Taxes Other (Una ' �e� twd) Cost lalanra Facilities Impact Dwelling Init Fire and Rescue Department $4,890 Elementary Schools $42,877 $0 $0 $4,890 $489 Middle Schools High Schools $25,222 $7,016 $34,056- $36,975 $41.072 $29,364 - $75,711 $7,571 Parks and Recreation Public Library $15,350 $3,459 $2,669 $3,459 _.__ $2,4 73 $1 2,877 1 288 $ Sheriffs O Offices $746 $1,579 $1,294 $0 $323 $746 $1,617 $534 $2,135 $213 Administration Building $2,027 $1,156 $424 $42 Other Miscellaneous Facilities $0 $2,586 $2,494 $2,753 $0 $5,247 $0 $3,751 $2,027 $203 $0 $0 SUBTOTAL LESS: NET FISCAL IMPACT $134,175 $10,803 $36,809 $4,528 $0 $52,141 $37,277 $96,897 $9,690 NET CAP. FACILITIES IMPACT $0 $0 96 897 9 690 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 0.533 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 0.715 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth cot as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital faciliti as requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 07/30/03 JFC Project Description: Assumes 10 Single Family Dwellings 5.0 acres zoned RP District. Due to changing conditions associated with development in the County, the results of this Jutput Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL 55 A 206 LYNNEHAVEN F A 208 BEAN REZ ## 04 - 04 85 A Bean Property MANN/NG 8 ROSS DEVELOPERS, LLC PIN: 55 -A-20 N WH 5 0 200 Feet Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 BEAN PROPERTY REZONING Tax Parcel 55-((A))-208 Red Bud Magisterial District Preliminaa Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #o —o for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55-((A))-208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 5.0 -acre site shall be limited to single-family detached urban lots. B.) Monetary Contribution for County Services The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $3,278.31 for each single-family detached urban lot that is located completely on the 5.0 -acre site, or for each single-family detached urban lot that has the majority (more than 50%) of the lot area located on the 5.0 -acre site. File 42185R/EAW Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue In addition, the applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia $50,000.00 to cover capital costs associated with Fire and Rescue and/or Public School needs within thirty (30) days of Final Subdivision Plat approval for the residential lots on the 5.0 -acre parcel. C.) Monetary Contribution for Traffic Signalization The applicant hereby proffers to provide a monetary contribution of $12,000.00 to Frederick County to be utilized as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The $12,000.00 monetary contribution will be provided to Frederick County within thirty (30) days of written notification that the Virginia Department of Transportation has advised Frederick County that traffic signalization at this intersection has been warranted. D.) Channing Drive Major Collector Road The applicant hereby proffers to develop the portion of Channing Drive that traverses the eastern boundary of the 5.0 -acre parcel. Furthermore, the applicant hereby proffers to prohibit any connection to Channing Drive and to provide a continuous road efficiency buffer along the eastern boundary of the 5.0 -acre parcel. File 42185R/EAW 2 Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Trustees of the Helen R. Bean Trust �at Commonwealth of Virginia, City County fTo Wit: The foregoing instrument was acknowledged before me this I k" day of MOV0 6 20 p4 -by Notary Public My Commission Expires Fe-1!9v'WLLA 2q ZX8 i _l- u}65 Cr'c qv. i56Iovle6- o— t Cc ns .tloocz L. S+eP6&')s File #l2185R/EAW Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 18, 2004 BEAN PROPERTY REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a five -acre (5.0) parcel owned by the Helen R. Bean, represented by the Trustees of the Helen R. Bean Trust. The subject parcel is located on Bean's Pond Lane, approximately 1/z mile north of Senseny Road (Route 657). The 5.0 - acre parcel is encompassed by the Lynnhaven development on the northern, western and southern boundaries and by the future expansion of Channing Drive on the eastern boundary. The current zoning is RA, Rural Areas District. The Helen R. Bean Trust proposes to rezone the 5.0 -acre parcel to RP, Residential Performance District. Please see the attached Bean Property Location Map. Basic information Location: Magisterial District: Property ID Number: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN Bean's Pond Lane, approximately 1/Z mile north of Senseny Road (Route 657) Red Bud 55-((A))-208 RA District Residential Single -Family Detached Urban Residential Lots RP District 5.0 acres The proposed site is being developed in conformance with the Comprehensive Policy Plan. The Comprehensive Policy Plan states that suburban residential development will occur within the Urban Development Area (UDA). Senseny Road is designated as a major collector road and has been a developing suburban residential corridor since the inception of the UDA. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. File #2185R/EAW 2 Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 18, 2004 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcel 55-((A))-208 has access along Bean's Pond Lane. The continuation of Channing Drive will eliminate Bean's Pond Lane as development in Lynnhaven and Sovereign Village progresses. The 5.0 -acre parcel will have access through the extension of a planned local subdivision street from the Lynnhaven development. Channing Drive is a planned major collector road; therefore, direct access to the 5.0 -acre site on Channing Drive is prohibited. The 5.0 -acre parcel will have approximately 830 feet of frontage along Channing Drive. Flood Plains The subject site is located on the FEMA NFIP map 4510063-0120-B. The site is located as "Zone C", area outside the 100 -year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 37, and contains three soil types: 41C-Weikert Berks Channery Silt Loam 7-15% covers 10% of this site 41D-Weikert-Berks Channery Silt Loam 15-25% covers 80% of this site 41E-Weikert-Berkis Channery Silt Loam 25-60% covers 10% of this site The Weikert Berks Channery Silt Loam soils are not classified as prime farmland soils in Table 5 on page 123 of this document. File #2185R/EAW 3 Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 18, 2004 B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RP District South: Zoned RP District East: Zoned PR District West: Zoned RP District C. TRANSPORTATION Undeveloped (Future Lynnhaven Subdi v -;on) Undeveloped (Future Lynnhaven Subdivision) Vacant (Future Sovereign Village Subdivision) Vacant (Future Lynnhaven Subdivision) It is anticipated that the 5.0 -acre parcel will contain the entire lot area, or majority portion of the lot area of 8 single-family detached urban residential lots that are a minimum of 12,000 square feet. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition identifies an average daily traffic rate of 9.57 vehicle trips for single- family detached housing. ITE projections suggest that 77 average vehicle trips will be generated by 8 single-family dwelling units. A residence currently exists on the 5.0 -acre parcel; therefore, the net increase in traffic generation volume from the proffered rezoning is projected at 68 vehicle trips per day. The 2002 Virginia Department of Transportation Daily Traffic Volumes identifies 5,200 average daily vehicle trips on this segment of Senseny Road. The proffered number of residential units will increase the average daily traffic volume on Senseny Road by 1.48% of the 2002 volume. The development of the Lynnhaven and Sovereign Village Subdivisions will provide for the construction of Channing Drive, which will connect Senseny Road to Valley Mill Road (Route 659). Additionally, these subdivisions will provide for the development of Farmington Boulevard, which will connect to Greenwood Road (Route 656) to the east. These major collector road networks will be sufficient to accommodate the projected traffic generation from the 5.0 -acre parcel. D. SEWAGE CONVEYANCE AND WATER SUPPLY The subject site is anticipated to contain the entire lot area, or majority portion of the lot area of 8 single-family detached urban residential lots that will be served by public water and sewer. A projected water demand of 250 gpd is reasonable for single-family detached housing; therefore, the projected average daily water demand for the 5.0 -acre rezoning is 2,000 gpd. The Frederick County Sanitation Authority (FCSA) is currently providing between 3-4 mgd of potable water to Frederick County and can easily accommodate the water demands associated with 5.0 -acre parcel. File #2185R/EAW 4 Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 18, 2004 The Greenwood Heights Sewage Pumping Station currently accommodate sewage flows in the area of the 5.0 -acre parcel through a force main that transmits effluent to the Opequon Water Reclamation Facility on Berryville Pike (U.S. Route 7). A regional pump station is being designed for this area of the County that will provide force mains to accommodate and redirect flows from the Greenwood Heights Sewage Pumping Station, the Apple Ridge Sewage Pumping Station, the Burning Knolls Sewage Pumping Station and the U.S. 50 East Sewage Pumping Station to the Opequon Water Reclamation Facility. It is anticipated that the new regional pump station will be on-line within 18 months. A projected sewage conveyance of 200 gpd is reasonable for single-family detached housing; therefore, the projected average daily sewage conveyance for the 5.0 - acre rezoning is 1,600 gpd. The Opequon Water Reclamation Facility has a hydraulic capacity of 8.4 mgd; therefore, there is adequate capacity to accommodate the projected average daily sewage conveyance produced by the subject site. E. DRAINAGE The 5.0 -acre site drains to the east towards the Opequon Creek. Future development will direct storm water flows to culverts within Channing Drive to ensure continuity with the overall storm water management plan for the Channing Drive Master Development Plan. F. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual household impact to landfill volume of 5.4 cubic yards per household. Therefore, the projected average annual impact to the Municipal Solid Waste portion of the Regional Landfill is 43.2 cubic yards for the 5.0 -acre site. The Municipal Solid Waste Landfill has a current capacity of 7,800,000 cubic yards, which can easily accommodate the additional solid waste generated by this project. G. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures or sites on or within the proximity of the 5.0 -acre parcel. The Comprehensive Policy Plan does not identify this area as a potential historic district, nor does it identify core battlefield areas on or within the proximity of the 5.0 -acre parcel. File 92185R/EAW 5 Greenway Engineering H. OTHER IMPACTS November 4, 2003 Bean Property Rezoning Revised February 18, 2004 A monetary proffer of $3,278.31 has been provided for each residential lot that will be located completely on the 5.0 -acre parcel, or if the majority of the residential lot is located on the 5.0 -acre parcel. Furthermore, a lump sum monetary contribution of $50,000.00 has been provided to cover capital costs associated with Fire and Rescue and/or Public School needs, which is to be paid within 30 days of Final Subdivision Plat approval. These monetary proffers have been provided to mitigate the impacts to public service capital facilities costs as demonstrated by the Frederick County Capital Facilities Fiscal Impact Model. All impacts associated with the rezoning of the 5.0 -acre site have been addressed in this document. File #2185R/EAW 6 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: Greenway Engineering Telephone: 540-662-4185 Address: 151 Windy. Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Trustees of the Helen R. Sean Trust Telephone: 540-667-0375 Cell: 540-533-1007 Address: 561 Bean's Pond Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt Telephone: 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement X X X X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust 6. A) Current Use of the Property: B) Proposed Use of the Property: Urban Housing 7. Adjoining Property: Residential Single-family Detached PARCEL ID NUMBER USE ZONING 55-((A))-206 Undeveloped (Lynnhaven Subdivision RP District 65-((A))-39 Undeveloped (Sovereign Village Subdivision RP District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 5.0 -acre site is located on Bean's Pond Lane, approximately 1/2 mile north of Senseny Road. The 5.0 -acre site adjoins the Lynnhaven and Sovereign Village Subdivisions. Information to be Submitted for Capital Facilities Impact Model I ==j 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 55-((A))-208 Magisterial: Fire Service: Rescue Service: 10. 11. Red Bud Greenwood Greenwood Districts High School: Middle School: Elementary School: Millbrook James Wood Senseny Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 5.0 RA District RP District 5.0 Total Acre age to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: X Townhome: Multi -Family Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 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 bet of my (our) knowledge. Applicant(s): ' Date: :�b /0+ Owner(s): �, J -t r Date: --V/1 / D �-E- Special Limited Power of Attorney . County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North hent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name)Trustees of the Helen R. Bean Trust (Phone)540-667-0375 Cell 540-533-1007 (Address) 561 Bean's Pond Lane Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 010011489 on Page 0213 , and is described as Parcel: 55 Lot: 208 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) 540-662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this I d { 'day of N-1 Q k- C° -) , 200 2—," Signature(s) State of Virginia, Cir Conn°ofbGl��lcl�Ta a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and s acknowledged the same before me in the jurisdiction aforesaid this P Rhday of (Vlarc.6, 200 My Commission Expires: ftL t C4 k 2- Notary Public L c%� Co¢'rittiii" aoc;c�{ 0- 140fb:j os � we, L Jft bv, Bean Property Rezoning Location Map By Gareedn ay Engiineeringg N N N 09 P4 U)W W 01; 010011459 C& W THIS DEED made and dated this ,71 - day of August, 2001, by and between HELEN R. BEAN, Widow, hereinafter Grantor, and HELEN R. BEAN and DWAYNE M. BEAN, TRUSTEES OF THE HELEN R. BEAN TRUST U/A DATED JULY 20, 2001, on file at 561 Bean's Pond Lane, Winchester, VA 22602, either of whom may act, hereinafter Grantees. The Grantor desires to convey the hereafter described property to the Trustees of the above -referenced Trust, which the Grantor has established for her benefit. There is no consideration for this conveyance, and this conveyance is exempt from the recording tax in accordance with Virginia Code § 58.1-811 A 12. In consideration of the foregoing, Grantor grants and conveys, with general warranty and English covenants of title, unto the Grantees, all of her right, title and interest in and to the following property: Parcel 1: All of that certain lot or parcel of land, together with the improvements thereon and the rights, rights of way, privileges and appurtenances thereunto belonging, lying and being situate just north of the Senseny Road in Shawnee Magisterial District, Frederick County, Virginia, containing five (5) acres, TOGETHER WITH a right of way of ingress and egress over the 56 foot strip of land between Senseny Road and the southwestern boundary of the lot of land herein conveyed, all as more particularly shown on that certain plat and survey made by Richard U. Goode, C.S., dated April 24, 1961, attached to and by reference made a part of that certain deed whereby Martin L. Bean and Helen R. Bean, his wife, acquired this property as tenants by the entireties with the right of survivorship as at common law, from Susanna F. Schmitt and Robert J. Schmitt, her husband, said deed dated April 29, 1961 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in .Deed Book 270 at Page 130. The said Martin L. Bean died October 27, 1986, ere y vesting al! o his right, title and interest in said property in Helen R. Bean. Parcel 2: All that certain tract or parcel of land, together with the rights, rights of way and appurtenances thereunto belonging, lying and being situate on the north side of East Leicester Street in the City of Winchester, Virginia, designated as No. 516 East Leicester Street, fronting on said street a distance of 60 feet and extending northward an even width for a distance of 50 feet, being adjoined on the west by an alley and being the western part of Lot 34, Block 2 of Haddox Terrace Addition as recorded in the Office of the Clerk of the Circuit Court of the City of Winchester, Virginia, in Deed Book 38 at Page 476, and being the same property acquired by Martin L. Bean and Helen R. Bean, his wife, as tenants by the entirety, with the right of survivorship as at common law, by deed from Martin L. Bean and Helen R. Bean, his wife, dated September 6, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 195 at Page 701. The said Martin L. Bean died October 27, 1986, thereby vesting all of his right, title and interest in said property in Helen R. Bean. This conveyance is made subject to all restrictions, conditions and encumbrances of record and contained in the deeds forming the chain of title to the above-described property. As set forth in Virginia Code § 55-17.1, the Trust referenced herein shall not fail, nor shall any use relating to the above-described property be defeated, because no beneficiaries are specified by name herein or because no duties are imposed upon the Trustees. The parties agree, and this conveyance is made upon the express condition, that the Trustees shall have, and are by this deed granted, full power and authority, without the joinder of any person whatsoever, to sell, exchange, lease, encumber, or otherwise dispose of the property interests transferred and conveyed herein, or any part thereof, at one time, or from time to time, and no person dealing with the Trustees shall be required to make further inquiry as to the right of the Trustees so to act, nor shall such person be required to inquire as to the disposition of any proceeds. 2 i� Cn The Trustees shall have no individual liability or obligation whatsoever arising from their ownership, as Trustees, of the legal title to said property, or wlth respect to any act done or contract entered into or indebtedness incurred by them in dealing with said property, or in otherwise acting as such Trustees, except only so far as said Trust property and any Trust funds in the actual possession of the Trustees shall be applicable to the payment and discharge thereof. The terms "Trustee" or "Trustees" as used in this instrument include the singular and the plural, as the case may be, and any successor Trustee or Trustees. WITNESS the following signatures and seals; ,A" I a, 6 -�'!�� (SEAL) Helen R. Bean HELEN R. BEAN TRUST U/A DATED JULY 20, 2001 By -- ��[ 4 g,, (�' fah -Ielen R. Bean, Trustee By W(OeA-,:S--(SEAL) "bwaynd M. Bean, Trustee 3 -C� 11� Cn STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this 2 2 41' _ day of August, 2001, by Helen R. Bean. My commission expires: 9-30 -a3 1 t3 flu. Notary Public i s tV STATE OF VIRGINIA AT LARGE 1� - .•' . v CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this27 day of August, 2001 by Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust UTA Dated July 20, 2001. My commission expires: Q yid 03 Notary Public This instrument prepared (without the benefit of a title examination) by: H. Edmunds Coleman, III, EsquireVIRGINIA- Bryan & Coleman, P.L.C. FREDLRICK COUNTY, SCT. S instrument of writing was 12 Rouss Avenue produced to me on Winchester, VA 22601 at �theretonne;'C�' (540) 665-4366 and h certificate of acknowledgement wa dmitted to record. Ta imposed by Sec. 58.1-802 of x-1:1 .rL._. , and 58.1-801 have been paid, if assessabl4 44�44 44o/ CkA .w.1 • ..... .. v.l � . ... _ _. _ , It I-,. I ' - .W _._ . I I — . co P,�y commission expires April 1, 1961. N� Giv( nder my hand this 28th day of February )61. NANCY W. GLOVER Notary Public VIRGINLA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 2nd day of May 1961 at 9:15 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. x722 SUS_9NNA F. SCHMITT, ET VIR TO :: :: DEhi; MARTIN L. BEAN, ET UX ti THIS DEED made and dated this 29 day of April, 1961, by and C� ;;between Susanna F. Schmitt and Robert J. Schmitt, her husband, parties of the first.' VI part, and Martin L. Bean and Helen R. Bean, husband and wife, parties of the second', I 1P part. ; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid to the said parties of the first part, and ;other valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby sell, grant and convey, subject to I the reservation hereinafter described, with general warranty of title, unto Martin a L. Bean and Helen R. Bean, husband and wife, as tenants by the entireties with the right of survivorship as at common law, it being expressly intended that the i estate, title and interest of the one dying shall pass to the survivor so that 'i the survivor shall be seized and possessed of the fee simple title to said property' all of that certain lot or parcel of land, together with the improvements thereon j and the rights, rights of way, privileges and appurtenances thereunto belonging, lying and being situate just North of the Senseny Road, in Shawnee Magisterial District, Frederick County, Virginia, about three miles East of the City of Win- : chester, Virginia, containing five (5) acres, and more particularly described by j I the plat and survey hereto attached and made a part hereof, by Richard U. Goode, i C. S., dated April 24, 1961, as follows: I "Beginning at (1) an iron peg in the Northwest fence line of { the land of Giles, said point being 196 -5 -feet Northeast of a post at an angle in i the property line between Giles and Schmitt, said post being 1992.2 feet Northeast of the Northeast side of Road No. 657; thence with 3 new division lines through the land of Schmitt N 40 deg. 32 min. W 247.2 feet to (2) an iron peg; thence Pd 49 deg. 32 min. E 800.0 feet to (3) an iron peg; thence S 40 deg. 18 min. E 225.9 i feet to (4) a post in a fence corner; thence with Giles S 41 deg. 17 min. W. 613.2 i feet to (5) a post at an angle in Giles' line; thence with Giles S 68 deg. 40 min. 7 203.4 feet to the point of beginning, containing 5.0 Acres more or less," being a portion of that larger tract of land conveyed to Susanna F. Schmitt by deed dated November 27, 1959, from Wilma I. Allen, widow, of record in the Clerk's 17-75. 3.vg w_ i'Office of the Circuit L ._rt of Frederick County, Virginia, in DE Book 260, at "gaga 542. i _-- -- ! A reference is hereby made to said deed for a more particular ! "description of said tract of land. The said Susanna F. Schmitt expressly reserves for her -self, her heirs and assigns an easement over and across the lot of land herein conveyed ,,for the drainage of water from the remaining land of the said Susanna F. Schmitt along the natural courses of drainage now existing thereon. The said parties of the first part do hereby grant and convey ,junto the said parties of the second part, their heirs and assigns, a right of way of ingress and egress over the 56 foot strip of land of the said Susanna F. Schmitt ,between the Senseny Road and the Southwestern boundary of the lot of land herein ,conveyed, as indicated on the plat hereto attached, upon condition that the said parties of the second part, their heirs and assigns, maintain so much of said right of way strip as may be necessary for their ingress and egress over same until such time as said strip may be improved as a street by the said parties of the first part. The said parties of the first part covenant that they.have the right to convey said land to said grantees; that said grantees shall have quiet possession of the same; that they have done no act to encumber said land except as hereinabove mentioned; that it is free from all liens and encumbrances except as hereinabove mentioned, and that they will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals hereunto affixed upon the date first above written: SUS9NNA F. SCHMITT (SEAL REVUE STAMPS * ROBERT J. SCIMITT (SEAL $10.45 CANCELLED State of Virginia I County of Frederick, to wit: I, Ed L. Plolden, a Notary Public in and for the County and Staten aforesaid, do hereby certify that Susanna F. Schmitt and Robert J. Schmitt, her I husband, whose names are signed to the foregoing writing, bearing date April 29, 1961, personally appeared and acknowledged the same before me in my County and State aforesaid. i! My commission expires March 27, 1965. !I Given under my hand this 29 day of April, 1961. (SEK1) ED L. HOLDEN Oc U 3� 0 < Z Q U) J W 0 (V rq O) w LO z < -j z cr LJ NO 10 C' N fD LO z 00 0 LO (D d Z NQ 0) 0 The above tract of land, located about 2-L miles East of Win - 2 chester at the end of a 56, right-of-way leading Northeast from Road No. 657 (Senseny Road) and situate in Shawnee Magisterial District, Frederick County, Virginia, is bounded as follows: Beginning at (1) an iron peg in the Northwest fence line of the land of Giles, said point being 196.5 feet Northeast of a post at an angle in the f - v�q �3,2,Z r -.r -.t. Mnrthp.ast of Kif-- Sp�,A �,,VBfbe;, 9 rvewr4j I i rx 'De-t,.Wy*i 6 1 e S and saw e. the Northeast side of Road No. 657; thence with 3 new division lines through the land of Schmitt N 40 deg. 32 min. W. 247.2 feet to (2) an iron peg; thence N 49 deg 32 min. E 800.0 feet to (3) an iron peg; thence S 40 deg. 18 min. E 225.9 feet to u (4) a post in a fence corner; thence with Giles S 41 deg. 17 min. W 613.2 feet to a post (5)/aan angle in Giles line; thence with Giles S 68 deg. 40 min. W 203.4 feet to !' the point of beginning, containing 5.0 Acres more or less. ' RICHARD U. GOODE Cer e Surveyor, April 24, 1961. +066 VIRGINIA - FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 2nd day of liMay 1961 at 9:35 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. T:313 jWIIDE ACRES, INC. 11 TO :: DEED SUSAN E. BEALER * iI I! T H I S D E E D made and dated the 21st day of September 1959, by and between Wilde Acres, Inc., party of the first part, and Susan E. BealeV. 5 ��t� (party of the second part. I 4,��' (I WITNESSETH: I� V That for and in consideration of the sum of Ten Dollars (10.00) ILI� . cash in hand paid by the party of the second part to the party of the first part, j! receipt of which is acknowledged, and other valuable considerations, the party of u� the first part does hereby grant, sell and cone with Y general warranty of title i unto the said party of the second part, all of its right, title and interest in and to that certain lot or parcel of land described as follows: All of that certain piece or parcel of land lying in Back Creek jI Magisterial District Frederick County,Virginia, designated g• as Lot 23, Block E, � Section 5, Wilde Acres Subdivision, as the same is duly dedicated and recorded among the land records of Frederick County, Virginia, in Deed Book 250, at Page 127, and the plat of which is recorded at Page 10, in !Tilde Acres Plat Book No. 1. 'II This property is a part of that certain property acquired by they ?arty of the first part by deed dated the 20th day of may, 1959, and recorded in j ,he Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed'l 3ook 257, at Page 432, from Henry B. Smoot and Dolores J. Smoot, Trustees, pursuant :o a forclosure sale under that certain deed of trust executed by the Holiday ievelopment Company on the 12th day of September, 1956, recorded in the aforesaid I lerk's Office in Deed Book 243, at Page 196, to which deeds a reference is hereby f ade for a more particular description of the property. 'I The party of the first part covenants that it is seised in fee ' i.mple of the land hereby conveyed, that it has the right to convey the said land !� the party of the second part, that the party of the second part shall have quiet! • C: • 1c� Com CONDITIONAL USE PERMIT 403-04 DAVID MONROE Staff Report for the Planning Commission �.W Prepared: April 6, 2004 staff Contact Candice E. Nils, Pianner i This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 04/21/04 Pending 05/12/04 Pending LOCATION: This subject property is located at 262 Klines Mill Road (Route 633). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 84-A-68 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential and Agricultural PROPOSED USE: Machine Shop -Cottage Occupation REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 633, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Fire Marshal: Flammable and combustible liquids should be removed from the work space prior to any welding or cutting operations creating sparks. All items capable of becoming C.U.P. #04-04 April 6, 2004 Page 2 an ignition source shall be maintained and safeguarded at all times. A portable fire extinguisher with a minimum of 2A, l OBC rating shall be in place while work is performed. Plan approval recommended. Inspections Department: Existing building shall comply with The Virginia Uniform Statewide Building Code and Sections 306, Use Group F (Factory and Industrial) of the International Building Code/2000. Other Code that applies to CABO Al 17.1-98 Accessible and Usable Buildings and Facilities. Please submit a floor plan of the structure at the time of change of use building permit application. Permit issuance, inspection approval and a new certificate of occupancy shall be issued prior to operation. Health Department: Health Department has no objection to conditional use permit. Planning and Zoning: A machine shop is allowed in the RA (Rural Areas) Zoning District as a cottage occupation with an approved Conditional Use Permit (CUP). This proposed use will be conducted in a two-story accessory structure approximately 1170 square feet in size, located at the side of the property. This proposed use will have no more than two employees with all work to be conducted within the accessory structure. The applicant plans to do fabrication and repair; the fabrication will consist primarily of welding and the customer base of this machine shop will be no more than ten customers per day, dropping off and picking up items. Most of these items will be small in nature, no heavy equipment will be brought to the site. The applicant plans to construct an opaque fence at least five feet in height to screen any outdoor storage from all surrounding properties and Klines Mill Road (Route 633), the outdoor storage area will not exceed 500 square feet. This proposed use will be conducted on property that is surrounded by vacant RA property to the north and east and by residential to the west. The nearest dwelling is more than 100' from this proposed use. Based on the limited scale of this proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04-21-04 PLANNING COMMISSION MEETING: The proposed use is permitted as a Cottage Occupation with an approved Conditional Use Permit (CUP). Should the Planning Commission choose to recommend approval of this application, staff believes the following conditions of approval would be appropriate: All reviewing agencies comments must be complied with at all times. 2. No more then two (2) employees associated with this use will be allowed. 3. All repair work shall be done completely within the accessory structure. C.U.P. #04-04 April 6, 2004 Page 3 4. No more than five (5) items awaiting repair shall be stored outside of the accessory structure. 5. All outdoor storage will be screened by opaque fencing that is no less than five feet in height, and the outdoor storage area will not exceed 500 square feet. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and will not exceed four (4) square feet in size. 7. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. 938 933 r` 84 A 67 63 \ BOWMAN i \ 934 ros f 84 A 69A j633 HENRY 84 A 68 / MONROE B4 A HENRY9 —_--- CjU P # 03 - 04 -- ipes-MilF�- s33 ------ David Monroe _14► _-- --_ - PIN: 84 A 71 SNAPP 84-A-68 N we s 0 100 FeeI4 J I I FFITT- - -Y' • �`fi '♦ _ tr" In In r i i :� t � V 1 r��' , ,f '� � Fz�. 1A' 4 ,k �. . R �y r ry�o � S � y, /� `• • � � , � r f , i7 Al V 71 84 111 i s. f #-j�' ' �, �� S. r' [ David Monro � > ��y+b yp. x y'� i �r H s�it� it .r r •. 8 F�'7P f � � _ �, _ F.,, ie x s � �> � 3 v- T h , .'yt �F 1 ..-c YF"+j--qb ri•r .. rr '.i'i4 f"'tr- �_ . . _ ' {moi 11. 1G,7..... - _ .. p i�r lh ONE ■■■■EEL x r ■■■■■■■■■ ., r - - ■■■■■■■■■■ No Rol r t ■■■■■■■■■■ —Al ■■■■■■■ Sol ■ }NK60 Feet ,. xi 0 Submittal Deadline /d C/, P/C Meeting`/ 0 BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ✓ owner other) NAME: l)/wi L) 11, do/PLo� ADDRESS • Z` Z K ( I n1 C S 1`4-T C A I) TELEPHONE g(4 /a 8 Z 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) i G 33 O Ai /z7 r2�cK Sc c s a �U` 0177/0. G. 26 ON 4. The property has a road frontage of j(,7 U feet and a depth of 252,37 feet and consists of /, i9'% acres. (Please be exact) 5. The property is owned by 1)Ru, 0 /t 9-/N,112 WAI �"fO""20�� as recorded evidenced by deed from 649 Y 13yl-�cEOIIKCR (previous owner) in deed book no. 60 on page / y 3 7 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I . D.) No.�/'/�- G Magisterial District Hack CReEK Current Zoning flu Z p L 7. Adjoining Property: USE ZONING North E'e� East R psi 12Nc £ /Z L' South I p,j ✓L'C �2�c West AL 8. The type of use proposed is (consult with the Planning Dept. before completing) CON13 1'ION4C. v fr-' pe'�-'rn Ir- 04) r G 4) 7-7-1167E ©cc u P4 T/ aA s' 9. It is proposed that the following buildings will be constructed: lvonvE 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME R / /Eri%l S� ADDRESS Z 8 Z �� •��rS m /�� PROPERTY ID# -9-1-g-69 NAME W4CLI?CG /30 wP'714,�" ADDRESS / 7 Z eLi/vE` fy,icc fir) PROPERTY ID# 60'-1-4-0 NAME OVA' S/�l�P/� ADDRESS Z 3 4 kc t NzS /'n!L L P-0 PROPERTY IDI NAME PROPERTY ID# NAME PROPERTY IDI NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Mi« 210 ziC.41s Owners' Telephone No. e 9- /a92. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: µ - fk'4 POYOAAC 11015911 COMPANY alty' 4 } - v S 9 p x!� � � r�: �' , ,. i , i�� f'y,�ud �"•`"}y�ii°a ,,,��; 507,34 24"E 142.10 AK a 0 4 PG 14 3 _ ANN1A•Q �at1.14�7. AACO b0. •1 f , -�I %/#1ItomeI�1 1�t � - , A�MNi.r��;r��.Fqtr .�. '. ` \'ro. C 40.3 VINYL SIDING 47.13 � 't �tl yi W"4_y ��s ld N . 40 t0. A AUX d DENOTESIRON PIN SET � ' f6 DENOTES EXISTNO PIN OR PIPE v9 UNDERGROUND TEL. IN T"13 AREA u y. 1110- EXACT LOCATION UNKNOWN. NOTE -PARCEL IN FLOOD ZONE C 15y� tT ti PER,NUD (MAPS. SURVEY OF THE WILLIAM 0. HENDRICKSON. JR. AND SUSAN 6, HENDRIOK.SON PROPERTY RECORDED IN D. 0. 346, PA. 80.1. Yrk"` OPEQUON MAGISTERIAL DISTRICT •` 5 r 1 ' kkk �r''7C _7�'�• g r PREPARED aY w LARRY C. HIMELRIGHT P. C. IQ RM Ofl 111. + '� L � �i1t� .a L� •j •" IPllfli fll aOdllO.d PAQPRddIONAL LAND SURVEYOR } ; 19 Ih.►oloenn.at.d RTE. 3, EIOX 446 STRASBURG, VA.wuowo of PH0NR 46D•0?G; 1+11 andmroco•e.ToftowIN�ee�soI +� b y4 b4A.v.bwmw, IMNUML SEPTEMBER 13, 1003 : ff / Ir culm �ly. YN��Q s'As'�•. . C� • • CO CONDITIONAL USE PERMIT #04-04 ow �� BIG BARRY'S BEEF JERKY & VENISON PROCESSING Staff Report for the Planning Commission Prepared: April 5, 2004 „a Staff Contact: Mark R. Cheran, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 04/21/04 Pending 05/12/04 Pending LOCATION: This subject property is located at 4694 N. Frederick Pike (Route 522 N). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30 -A -14A PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential and Vacant PROPOSED USE: Cottage Occupation - Workshop with Processing Equipment REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 522, the VDOT facility which would provide access to the property. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Fire Marshal: With the construction of an additional building, provisions should be made for parking and emergency vehicle turnaround. The roadway leading to the property is overgrown with vegetation. Under NFPA 299 a roadway with a minimum width of 12 feet C.U.P. #04-04 April 5, 2004 Page 2 and a ventricle clearance of 14.5 feet over the entire width is required for emergency vehicle access. Approval is contingent upon meting the requirements set above. Inspections Department: New buildings shall comply with The Virginia Uniform Statewide Building Code and Sections 306, Use Group F (Factory and Industrial) of the International Building Code/2000. Other Code that applies to CABO A117.1-98 Accessible and Usable Buildings and Facilities. Please submit two sets of plans at the time ofpennit applications. Health Department: Health Department has no objection to the request as stated. Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupations in RA Zoning District with an approved Conditional Use Permit (CUP).This proposed use appears to qualify as a cottage occupation. The surrounding properties are wooded and currently zoned RA, and the nearest buildings or dwellings are more than one -hundred (100) feet from this proposed use. This proposed use will be conducted in an accessary structure of approximately 150 square feet, and will have an average customer base of 10-15 customers during hunting season. There be one (1) employee on site with this proposed use. Based on the limited scale of this proposed use and evaluation of the property, it appears that this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04-07-04 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Shall be in compliance with Section 165-42 of the Frederick County Zoning Ordinance, in regard to rendering operations. 3. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not exceed four (4) square feet in size. 4. No more than 15 customers per day allowed. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. —�---- �r / 799 / 30 A 4 DEHAVEN a \o .� 29 A 51 DEHAVEN \\, \\ 30 A 14A EATON, BARRY A. y CUP # 04 - 04 30 A 14 a Big Barry's Beef Jerky & 522 �� EATON Venison Processing 13/ 681 30 PIN: ' % ! % EATON/ � `�30 - A -14A 684 Ga: / b \ / i W F s 0 400 Feet -s -1,�' Sid' �' ' s � _ k1 �y •# !� }a., .. a ..g.,./^� J o .. A .1 4 NO ai� }, O`. > s� 1µ 11-1 Submittal Deadline /'13 �6 P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: ADDRESS: TELEPHONE Sc` o — 37 (J 2. Please list all owners, occupants, or parties in interest of the property: ,v 3. The property is located at: (please give exact directions and include the route number of your road or street) 7. Adjoining Property: USE ZONING North tJ. �Fl�a� , East 40, EAadb) South k, 0, EAfd,J West 4. The propert has a road frontage of feet and a/4'�� depth of feet and consists of acres. (Please be exact) 5. The property is owned by &9 & � _ as evidenced by deed from klkan& e -J, recorded (previous owner) in deed book no. on page Q 9as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel) Identification (I.D. )No. 30 `I% - Magisterial District GAr..+si3cstrs Current Zoning 7. Adjoining Property: USE ZONING North tJ. �Fl�a� , East 40, EAadb) South k, 0, EAfd,J West E.0. ER4eO led The type of use proposed before completing)( -C 9. It is proposed that the followingbuildings will be constructed:Te -/do. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this K B� application: q73� ,C% f� �'��c f NAME � ADDRESS d 4, e. %Q3 PROPERTY ID# % NAME ADDRESS ��L.J �i ��}TD , PROPERTY ID# p�. % A - NAME Ela EfVdI ADDRESS PROPERTY ID# 30 - /3 NAME 4t. ADDRESS PROPERTY IDI NAME EIU-122Jw ADDRESS PROPERTY ID# ( -5 7 / NAME Z-� �r /J ADDRESS l l PROPERTY ID# 36 v 6 NAME �� C. -J, iE,, rj &,) ADDRESS I j PROPERTY ID#_ 36 T '' V 1J /07 NAME AP((IJxprADDRES S PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 12. Additional comments, if any: oo " /�- Cu.S1dMrAe_s -- mee.6 I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. '71-) 77 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Blas-: 4Ua 719 t: fl 1 4 •� L>•� J S ti� � r� • . �! 1 ':t � %Sj-,. \ i R•-�? y,lsk(e_ •l r + +,. �• r ' 1•}• r �Y ?I,}rt+'IA�`'ti s'•47 xil!'1.1'sba7.(YkY�J., • , : 1 , • 1 • ^, `t �� /1 Q� t ,7h `I:...��tl r t+ 1, r\1\ut`ti' ' dJ •a1 �I � 1 ' ,7l ' 1 U. lYll �, rh1 7 1 - � T? ' L 'LI . ' • ' tt ��rltt�ji�i��1�s\, thy+ .;i �i. v +• Yir�; 'tt ,. ' .. .• I �� tit �rJ. ..Fj/t r •, ~ 17 ■.. 'I �r 1 r• 7 :�Y 1 '1�; 7�._ 1 1� _JI' .,'�T.+ r r,,r}'1 `t. F!' „t. ` �. *' i 1 ✓Yal 'tri\ r .h I ,.,.a`•i•. .� 7 � , �. ..� illy-,� { �h .r l r r)1 J ark 4r1 11tI,�1: TTIT`i ani �. t ! •. .+.I ` h� �' `n/' 1 tis f' I' � ' �Y • L , 11 � r � y _ TY 4fn 1 1 li�l .>ix C `r' Ci' . t : . 1 + _ �1 (:1 .T� i r.l,.'•1 {�+ HS� w la 1 .. (!fin � a7 IM hl� t'{I�d+, • � . 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C , � ii�,i�ia ��.��{i�� c �►•. r! _._... -� } fit+ 4 ;r'J1� I ��y�� d�(}; 3 ,•r: , ��a r �� ' ,r akklj> • �j1 4' ,� i�'J�+4�J�Y`yr � �Ci}�1�t�i 1',F J�� s ,, i� " � w , it4 L'� • j aF �' a `c7F r" 1, J 1�U)�• 4n",i��g'y .1;r.+-1 `y�,k� `��'t a a 'It'IC p`t 1; •; y.,' S< �. la`r.Ir`+ga�'Y k•11/ aJ '7 'tv Y � r: • + � t 15.E a } � lith,.,. 1 B6o#* 460 ME 70 k), iCA PT cp 4 A i 14 YtRGNtA rft[DER'," COUNTY. Insure I .;no was ploduckd io nw an lfvo ",.ad a atTMa u7n,and eittr CWV5-18 Dt -jn0w4d6fmnl CO CONDITIONAL USE PERMIT #04-04 BIG BARRY'S BEEF JERKY & VENISON PROCESSING a Staff Report for the Planning Commission Prepared: April 5, 2004 " 1-faff Contact: Mark R Chernn,DI or I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 04/21/04 Pending 05/12/04 Pending LOCATION: This subject property is located at 4694 N. Frederick Pike (Route 522 N). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30 -A -14A PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential and Vacant PROPOSED USE: Cottage Occupation - Workshop with Processing Equipment REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 522, the VDOT facility which would provide access to the property. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Fire Marshal: With the construction of an additional building, provisions should be made for parking and emergency vehicle turnaround. The roadway leading to the property is overgrown with vegetation. Under NFPA 299 a roadway with a minimum width of 12 feet C.U.P. #04-04 April 5, 2004 Page 2 and a ventricle clearance of 1.4.5 feet over the entire width is required for emergency vehicle access. Approval is contingent upon meting the requirements set above. Inspections Department: New buildings shall comply with The Virginia Uniform Statewide Building Code and Sections 306, Use Group F (Factory and Industrial) of the International Building Code/2000. Other Code that applies to CABO Al 17.1-98 Accessible and Usable Buildings and Facilities. Please submit two sets of plans at the time of permit applications. Health Department: Health Department has no objection to the request as stated. Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupations in RA Zoning District with an approved Conditional Use Permit (CUP).This proposed use appears to qualify as a cottage occupation. The surrounding properties are wooded and currently zoned RA, and the nearest buildings or dwellings are more than one -hundred (100) feet from this proposed use. This proposed use will be conducted in an accessary structure of approximately 150 square feet, and will have an average customer base of 10-15 customers during hunting season. There be one (1) employee on site with this proposed use. Based on the limited scale of this proposed use and evaluation of the property, it appears that this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04-07-04 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Shall be in compliance with Section 165-42 of the Frederick County Zoning Ordinance, in regard to rendering operations. 3. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not exceed four (4) square feet in size. 4. No more than 15 customers per day allowed. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. \c 79109 30 A 4 �.\ DEHAVEN !\\ \ O O 29 A 51 \\ DEHAVEN 30 A 14A EATON, BARRY A. y C CUP #04-04 m 522 f� 30 A 14 �\ Big Barry's Beef Jerky & �\ EATON ��\ Venison Processing /30A 13/ \ �\ 681 PIN. EATON/ �\ 30 —A -14A / % weLILEET- 0 400 Feet ON NN� ' k c r'i•:, � `. t;' 'BE�=+t.i� �.i�^ � 'rT� ;.• A f ry. 2� 33- i 1'.R��. f4 Y z � •� 1 c� h ' p� 0�y ,} p e� A � U A � 14 A i r� Submittal Deadline /'"t/36 P/C Meeting w BOS Meeting .wN APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the `� owner other) NAME: ADDRESS: TELEPHONE Fo ?` J7 Z & 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) ge- oC �� 4. The propertyhas a road frontage of;5�� Yfeetanda depth of feet and consists of acres. (Please be exact) 5. The property is owned by ,ek9L(' as evidenced by deed from, recorded (previous owner) in deed book no. on page -') 9,qT, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D. )No. 30 ` f% - I7 s'7 Magisterial District Cr`Ae.4s.3�acr� _ Current Zoning _.4 - - 7. Adjoining Property: USE ZONING North zpfv,) ,ql? East W, LAdaA) -- 1;d� South 0, EAforJ /r{ West F -0 4A-{ d led The type of use proposed before completing) , C,C 9. It is proposed that the following puildings will be constructed: _� e111411 -± 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail o_f th_,, �' s / / application: 4/73 AIi i`� �.P/�i�i NAME �r f� PROPERTY ID# J1- A NAME D PROPERTY ID# ol r] " A - S-6e NAME Z PROPERTY ID# NAMEZed e �� N PROPERTY ID# NAME la PROPERTY ID# NAME Z!�/� PROPERTY ID# 36- A NAME ADDRESS U�/I RC1 PJ�� ` 6L23 ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS PROPERTY ID# NAME R i��i PeWtbe .ADDRESS PROPERTY ID# ll /C /07 &J il. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 12. Additional comments, if any: /Q " /�- ['G(j�Ol�rlr,�e$ I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. i 0 ME` J 77 � TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: t 5 • 5 _ *•, B6�.490 ME 719 i z J 5 ti� •r ,{ _ Z / , } ' J 4 C!7 1. 5 r c a4 :.I.n,h1a. 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