PC 05-19-04 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
May 19, 2004
7:00 P.M. CALL TO ORDER TAB
1) Committee Reports ................................................ (no tab)
2) Citizen Comments ................................................. (no tab)
PUBLIC HEARING
3) Conditional Use Permit #07-04 of Roy R. Messick, Jr., for re-establishing a non-
conforming use. The property is located at 686 Maple Road (Route 654) and is identified
with Property Identification Number 41 -A -163B in the Gainesboro Magisterial District.
Mr.Cheran ........................................... fA'i
PUBLIC MEETING
4) Master Development Plan #02-03 for Regents Crescent, submitted by Bowman.
Consulting, for residential and commercial uses. The property is located on Frederick Pike
(Route 522 N), approximately 450 feet sou h of Oakside bane, in the Sunnyside
neighborhood, and is identified with Property Identification Number 53-A-53, in the
Stonewall Magisterial District.
Mr. Camp............................................................(B)
5) Master Development Plan #05-04 of Channing Drive, Phases 9 and 10, Fu-Shep
Properties, submitted by Eastern States Engineering, for 220 total dwelling units consisting
of 149 single-family small lot dwelling units and 71 multiplex dwelling units. The property
is located at the northern terminus of Morning Glory Drive (Route 1400) and Canyon Road,
approximately 2,300 feet north of Senseny Road (Route 657), and is identified with Property
Identification Numbers 55-A-209, 55-A-211, 55-A-213 and 65-A-40, in the Red Bud
Magisterial District.
Mr. Camp............................................................(C)
6) Other
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CONDITIONAL USE PERMIT #07-04
ROY R. MESSICK, JR.
Staff Report for the Planning Commission Meeting
Prepared: May 4, 2004
Staff Gontact_ ivlark K. C heran, PiannPr 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
05/19/04
Pending
06/09/04
Pending
LOCATION: This subject property is located at 686 Marple Road (Route 654).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER:41-A-163B
PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District
Land Use: Residential
PROPOSED USE: Re-establishing a legally non -conforming use.
REVIEW EVALUATIONS:
Health Department: Health Department has no comment.
Planning and Zoning: In accordance with Section 165-150 of the Frederick Zoning
Ordinance, a legally non -conforming use that has been discontinued due to abandonment
may be re-established by obtaining a Conditional Use Permit (CUP). This proposed use is
to re-establish a hog pen, that was in operation prior to April 26, 1995, when Frederick
Cminty ncionted hog farming ordinance- This ordinance has setharkc fnr hog nnaratinnc of
two hundred (200) feet from an adjoining property used for human habitation.
Therefore, the applicant has applied to re-establish this hog pen, this proposed use can not meet the current
requirements of the ordinance.
STAFF CONCLUSIONS FOR THE 05-19-04 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, staffwould recommend the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Hog pen shall be fifteen (15) feet from property lines.
3. No more than twenty-five (25) hogs allowed.
4. Any change of use or modification or change of use will require a new Conditional Use Permit.
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41 A 163B \
MESSICK
41 A 169B -7
�/ \\ MESSICK CUP # 07 - 04
` 41 A 162F ; 1/� \., Roy R. Messick, Jr
LEGGE 41 A 169C \ PIN:
MESSICK 41_A _ 163B
\ 4 \ � 41 A 1628 1 A 169D
\\ STEWART / �\ MESSICK
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\\ �� JUSTICE
0 200 Feet
submittal Deadline d
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1• Applicant (The applicant if the
owner --�
k. NAME other)
, N
ADDRESS:
TELEPHONE c�! �7 ) _
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)
Oro t
/„ a /✓� , �ilT .
I Mor " r )1N r
fel H
4• The property has a road frontage of
depth of feet and consists of feet and a
(Please be exact) acres.
5• The property is owned by
evidenced by deed fromPa. Jr as
F Nl _ recorded
in deed book no. (P evious owner)
records of the Clerk of the Circuit Court, County of
�as recorded in the
Frederick,
6• Tax(Parcel)Identification (I.D.)No,
Magisterial District G!' "� •�
Current Zoning R 11
7.
Adjoining Property:
North
USE
East
South
s`•%"r "�
West
ZONING
f'ii
S. The type of use proposed is (consult with the Planning Dept.
before completing)
r�l CC )/I irt►r1� _� _.— IPr�� llv 01)r)��,,;,�n _ r
9. It is proposed that the following buildings will be
constructed:
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
PROPERTY
NAME
PROPERTY ID#` 411' d-16?I-
NAME
PROPERTY ID#_
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
NAME ADDRESS
PROPERTY ID#
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 trust 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
OA
Owners' Mailing Address t
(af l ,gid WW,1�cl�Qsf r VA zZ�a
Owners' Telephone No. _ ( yQ ) /, 7_ E
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE;
RIENEWAL DATE:
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'The: ab07M . Plat isa Survey of a ,-DGrti,oq of tje Land convey�ad o
Floyd
Xee by Dosed dated 17 vul
Portion fronts .the Western �ounciar� Line :�f qtr, 654, and "t". in Gaines-
boro Tistrict, 'Frederick Countyo Virg�riia�. r.
i3eginn ng at a point in the Western Boundary Line of Rt. 6 � a corn 6 r.
to the Legge Land"g, running 'vth the tiro follOwing Lines of the said Lend
0
AT ),'-6 254 17" W - 39.0 f to to a Marked Red Oak t'r'ee,
and cQntLnuing X 460
25, 17m W - 317.49 ft.t IN ALL., to A Marked Red Oak Tree* the,zQe 'I%T 58�
36.08Tt W - 68U0,',6 -:'t, to a esti stone corner to the Haines Land- thence
U-inl the th. -ee f'013-0-4 in Lines o the- s a id t�2 sm"�,
Lines La S 81Q 3� g lc,�
sg
ftp."ta a satr stays; thence S 040 39} .4611 W 269.6, fto to a Marked
OVY Tree; henca S 160 34f 1OD Y ft.. to a past corner to the
aired Portion, thence With the thr_>e follow. Lng Lines of the sa:zd ,Othe_p
Land S 540 09, E - 187e16 ft; to a
Marked Pin yak Tree; thence S 670
48, 461" 3 m 368021 f t. to a. Marked Maple Tree; thence S 73° 481 051
r
d
>a
29th,,43 ft® to an iron pin corner to :the Hoak Land; thence with the t -1 -yo
following Lines of the said Land N 270 08; E - 200.00 ft. to an _rcp_ p1n;
thence S 7.30 301 54" - .. 443,2h ft. t`t� a�+
- hey
Wes -srrn Eou?ndar7 L4.1"?e of Rta 654; th.'ence with the said
Line t1 270 08 $ --R' -
57.93 f't. to the beginning.,
I had bought place in question in 1974. We moved onto property
in 1975, and erected a hog pen. I raised hogs in said hog pen for years,
until the pen rotted down. I replaced with a new pen, consisting of
cement floor and block walls.
I had tried to buy property next door first when Roy Hoke owned
it. He had purchased it from Floyd McKee. He could not build because
it would not pass perk. George Lockhart had tried to purchase it also to
build home. It would not pass perk. Therefore, when I purchased my
land stated above, the property next door, not passing perk, assured me
100% use of my property. I began farming land the first year (1975).
The Frederick County System failed when it issued a permit to build
next door. It also failed to put a setback on the house from the farming
land. I would not be having this problem with next door, had the
Frederick County System upheld their decision not to perk the land.
When Stewart bought property, theirs had been a mini farm,
consisting of pasture for cows, a barn for the cows, and pigpen still on
the property. Stewart tore down fence an did away with the farming
aspect of the property. He had bought the property from the previous
owner, Dale Ballenger, who had raised cows and hogs on that property.
Glen Martin, the Agricultural Stewardship Coordinator, from the
Commonwealth of Virginia in Richmond, came on Feb. 11 to inspect
our hogpen. He said there was no sign of contamination and in his
opinion our farming should fall under the grandfather's clause, although
it was out of his jurisdiction. He would be sending us a follow-up letter
shortly.
MAVRIC
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Ths shave Plat is a Survey of a.;,Dortion of the Land conve�sd "to Floyd
MaoKee by Doed d ed I
P The. s€ c
Portion fronts the Western Boundary.Line of Rt® 654, 1141' Gaines-
;..
noro_-Districtp Frederick County Virginia;-
Beginning
irg nia;-Beginning at a point in the Western BoundaryLine of ?t. 6 r.
_ -� a. cornu.
to -t-he Legge Lands runnier with the 17vo .following Dines of the said Land
N 460 25t 17" to - 39*0 fta tO a Marred Red Oak Tree, and continuing N 460
2!�c 17" 11 33.7�49 f -too, IN ALLY to � Marked Red Oak Trees thence N 580
081€ w- 688.36 ft, to. a set stone corner to the Fiaine-S Lands thence
With three following Lines c ane' ad
.ft. to a set stores. thence S 04 39.4-rdt:.t' o a narked xik-
o?y Tree; thence S 160 34f 10t' w - i1.85 ft. to a post corner to the Re-
tained portion; thence with the thr'pe fol? mTing Lines of the said Ot` or
Land S _q�0 091 56"7 187.i6 ft.- to a .:arked Pin Oak Trees thence S 670
481 461" ,, 368021 ft. to a Marked Maple Trees thence 5 73° 481 X1511 r-
290.43 ft, to an iron pin corner to the Hoak Land; thence with the two
following Lines of the said Land N 270 08t E a 200.00 ft. to an
r�
MASTER DEVELOPMENT PLAN #02-03
REGENTS CRESCENT
Staff Report for the Planning Commission Meeting
Prepared: May 3, 2004
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on dais
application. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 05/19/04 Pending
Board of Supervisors: 06/09/04 Pending
LOCATION: This property is located on Frederick Pike (Route 522 N), approximately 450 feet south of
Oakside Lane, in the Sunnyside neighborhood.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 53-A-53
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance) District Use: Vacant
B2 (Business General) District
ADJOINING PROPERTY ZONING & PRESENT USE:
North Zoned: RP (Residential Performance) District
B2 (Business General) District
South Zoned: RP (Residential Performance) District
East Zoned: RP (Residential Performance) District
B2 (Business General) District
West Zoned: RP (Residential Performance) District
PROPOSED USE: Residential & Commercial Uses
Use: Residential
Use: Residential
Use: Residential
Use: Residential
Use: Vacant
Use: Residential
MDP 902-03, Regents Crescent
Page 2
May 5, 2004
REVIEW EVALUATIONS:
Virginia Dent. of Transportation: The preliminary master plan for this property appears to have
measurable impact on Maple Road/Route 522, the VDOT facility which would provide access to the property-.
Before making any final comments, this office will require a complete set of site plans, drainage calculations and
traffic flow data from the ITE Trip Generation manual, Seventh Edition, for review. VDOT reserves the right
to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site
roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need
to apply to this office for issuance of appropriate permits to cover said work.
Fire Marshal: Fire lane markings and signage are required at all fire hydrants and all normal and emergency
access points to the structure(s). These areas can be identified during the site plan process. In areas developed
with three (3) to five (5) dwelling units per structure, there shall be a hydrant within three hundred (3 00) feet
of all units. In areas developed with six (6) or more dwelling units per structure, there shall be at least two (2)
hydrants within three hundred (300) feet of all units. Plan approval recommended.
Sanitation Authori : No Comment.
County Engineer: Stormwater management issues and providing an adequate channel outfall shall be provided
at the time of subdivision plan submittal.
Building Official: No comment required at this time. Shall comment on subdivision lots submittal.
Parks & Recreation: Master Development Plan summary states that adequate recreational units and open
space will be provided. Detailed information regarding the planned recreational units and the usable open space
provided will be needed during the site plan review stage of this project.
Winchester Regional Airport: The referenced revised master plan has been reviewed and it appears that
the proposed plan will not have an impact on operations of the Winchester Regional Airport. At this time,
special requirements or conditions are not requested on behalf of the Winchester Regional Airport Authority.
Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional
Airport.
Health Department: Public water and sewer must be provided.
Planning & Zoning:
MDP #02-03, Regents Crescent
Page 3
May 5, 2004
A) Master Development Plan Requirement
A master development plan is required for most subdivisions and development of property in Frederick
County. Before a master development plan can be approved, it must be reviewed by the Planning
Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted
if the master development plan conforms to all requirements of the Frederick County Zoning and
Subdivision Ordinances. The purpose of the master development plan is to promote orderly and
planned development ofproperty within Frederick County that suits the characteristics of the land, is
harmonious with adjoining property and is in the best interest of the general public.
B) Location
The site ofthe proposed development consist of one parcel of land approximately 111/2 acres in size.
The property is located on Frederick Pike (Route 522 N), approximately 450 feet south of Oakside
Lane, in the Sunnyside neighborhood. Zoning is split on the parcel. There are precisely 2.81 acres
zoned B2 in the front and 8.77 acres zoned RP in the rear. A portion of the Westminster Canterbury
property is located directly behind the subject parcel.
C) Site History
The original Frederick County Zoning Map (U. S.G.S. Winchester Quadrangle) depicts the zoning for
the subject parcel as B-2 (Business General) District and R-3 (Residential Limited) District. No zoning
changes have been made to the portion of the property zoned B-2 District. The portion of the property
zoned R-3 District was changed to RP (Residential General) District on September 28,1983 when the
R1, R2, R3, and R6 zoning districts were reclassified.
D) Site Suitability
Land Use Compatibility:
Historic Resources:
The Frederick County Rural Landmarks Survey does not identify any potentially significant historic
resources on the site of the proposed master development plan. Furthermore, according to the
National Park Service's Study of Civil War Sites in the Shenandoah Valley of Vir inia, the subj ect site
does not contain any core battlefield resources.
Environment:
No environmental features are located on the property. The property is mostly wooded.
MDF #02-03, Regents Crescent
Page 4
May 5, 2004
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils
comprising the subject parcels fall under the Frederick- Swimley soil association. These soil types are
common west of Interstate 81, primarily in areas with limestone geological formations. It is noted that
these soil types present some limitations to site development due to rock outcrops, slope and low
strength.
Transportation:
Access to the site will come from Frederick Pike (Route 522 N) and a new proposed local road,
referred to on the plan as Trafalgar Square. The applicant is also proposing a network ofprivate roads
to access the proposed residential units in the portion ofthe property zoned RP District. The portion
of Frederick Pike (Route 522N) which adj oins the subj ect property is classified as a minor arterial
road.
Waiver#1 With a speed limit of 45 mph on Frederick Pike (Route 522 N), Section 165-29 (4) of the Frederick
11 County Zoning Ordinance requires an entrance spacing of 200 feet. This is measured from the tangents
to the curb return.. The applicant is proposing an entrance spacing waiver to allow a spacing of
approximately 90' from the private entrance to the northwest. The entrance to the northwest will
remain open; however, the applicants will be providing an access easement to allow the existing
residents to access Trafalgar Square if desired.
Planning StaffNote: The construction of anew driveway to access the proposed public road
has not been specified on the proposed MDP. Only an easement is provided.
Planning Staff Note: The applicant has informed staff that the entrance to the private road
is not being eliminated altogether because at least one of the adjoining property owners
opposes its removal. Therefore, if the entrance spacing waiver is granted by the Planning
Commission to allow the construction of the new road (Trafalgar Square) the property
owners to the northwest would have the option to use either entrances.
Planning Staff Note: Staff has commented to the owner of the subject property that it may
be more appropriate to coordinate a transportation plan with the property to the southeast,
rather than requesting a waiver and adding a new entrance off of Frederick Pike (Route 522
N). The adjoining property to the southeast is currently undeveloped.
Waiver #2 The applicants are also requesting a waiver to allow individual lot areas to be greater than 500 feet from
a state road. The Subdivision Ordinance gives the Planning Commission the ability to allow lots to be
located as much as 800 feet from a state road in cases where enhanced circulation is provided with a
driveway loop.
MDP 402-03, Regents Crescent
Page 5
May 5, 2004
Comprehensive Policy Plan:
The proposed 11.58 -acre parcel is zoned both RP (Residential Performance) and B2 (Business
General) and is within the UDA (Urban Development Area) and the S WSA (Sewer and Water Service
Area). There is no small area land use plan for the Sunnyside neighborhood. The development
proposal for commercial land uses along Frederick Pike (Route 522 N) with residential land uses in
the rear is generally in conformance with the layout of existing land uses in the area.
Density:
The Frederick County Zoning Ordinance stipulates a maximum density of 8.0 residential units per acre
for the proposed townhouse and single family detached cluster development. For the 8.77 acres zoned
RP (Residential Performance) District, a maximum of 70 residential units is allowed
Planning Staff Note: The attached preliminary MDP indicates that 79 total units are
proposed. This is a miscalculation and will need to be revised prior to administrative
approval. The miscalculation occurred because the applicants included a portion of B2
property in their total residential area.
Recreational Facilities, Landscaping, Buffers, and Open Space
A Zoning District Buffer is required between the proposed residential uses and the proposed
commercial uses, as well as, between the proposed commercial uses and the existing residential uses
to the northwest. The applicants are proposing a 100' distance buffer with a landscape screen.
STAFF CONCLUSIONS FOR 05/19/04 PLANNING COMMISSION MEETING:
Once the MDP is changed to reflect the correct maximum density allowed, and each of the two waiver requests
are resolved, this Master Development Plan would be consistent with the requirements of Article XVII, Master
Development Plan, ofthe Zoning Ordinance. All ofthe issues identified by the Planning Commission should
be appropriately addressed by the applicant prior to a recommendation to the Board. Ultimately, following
the Board's review, the applicant must satisfy all comments prior to receiving MDP approval.
A summary of concerns and comments from the Planning Commission to the Board of
Supervisors concerning this master development plan application would be appropriate.
In addition, it would be appropriate for the Planning Commission to make a decision regarding
the applicants two waiver requests: the proposed entrance spacing waiver to allow a spacing of
approximately 90'from the entrance to the northwest, and the proposed lot access waiver to
allow lot areas to be up to 800 feet from a state road
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Sovereign Homes 63 A
53 A 53
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Westminster - Canterbury Fincham
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Regents Crescent
PIN:
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Frederick County, Virginia Master Development Plan Application Package
APPLICATION
MAS'T'ER ]DEVELOPMENT PLAN
Department of Planning and Development Use Only..:
Date application received 1:11--0 3 Application## 02 -
Complete. Date of acceptance.
h o te_ Date of return. r -/s-03
1. Project Title :
2. Owner's Name:
3. Applicant
Address:
Phone Number:
4. Design Company:
Address:
Phone Number:
Contact Name:
(Please list the names of all dwners or parties in interest)
/N •1n C-4 e,c 4- 1/1,4' 2o -
Page 11
\
Frederick County, Virginia Master Development Plan Application Package
APPLICATION cont'd
MASTER DEVELOPMENT PLAN
5. Location of Property: t.%Jrr, 5 ZZ
6. Total Acreage:
7. Property Information:
a) Property Identification Number (PIN):
b) Current Zoning:
C) Present Use:
d) Proposed Uses:
e) Adjoining Property Information:
Property Identification Numbers
North
South
East
West
ltS6 t
C�
Pro erty Uses
a�_'-.51 pV-AJ t-[44--
eA-64 WL—
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gF.J r nG/J -n
f) Magisterial District: ao �,l t tw i.C1
S. Is this an original or amended Master Development Plan?
Original k Amended
I have read the material included in this package and understand what is required by the
Frederick County Department of Planning and Development. I also understand that the master
development plan shall include all contiguous land under single or common ownership. All
required material will be complete prior to the submission of my maser development plan
applicatioi
Signature:
Date:
rm RECEIVED
Page 12 6
!A 200 a
F�.'EDE RtSl' :;er1@ti-Y
PLA:
IN
Frederick County, Virginia Master Development Plan Application Package
Adjoining Property Owners
MASTER DEVELOPMENT PLAN
Owners of property adjoining the land will be notified of the Planning Commission and the
Board of Supervisors meetings. For the purpose of this application, adjoining property is any
property abutting the requested property on the side or rear or any property directly
across a public right-of-way, a private right-of-way, or a watercourse from the requested
property. The applicant is required to obtain the following information on each adjoining
property including the parcel identification number which may be obtained from the office of the
Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the
Frederick County Administrative Building, 107 North Kent Street.
NAME
Name
7')r�y�'
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ij- / 2W- 7r'7'r C'
ADDRESS / PROPERTY NUMBER
Address
Property p
J`Y
-----------------
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RECD ri E:
.'Aid 13 2003
Page 18
a
Pu'�'iCdi
Frederick County, Virginia Master Development Plan Application Package
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Page 19 JAN 1 3 2003
�E�I'E 9.0 P, 111
ioia Master Development Plan
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Page 19 JAN 1 3 2003
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MASTER DEVELOPMENT PLAN (MDP) #05-04
CHANNING DRIVE: PHASES 9 & 10
Fu-Shep Property
Staff Report for the Planning Commission
Prepared: May 3, 2004
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application. It
may also be useful to others interested in this zoning matter.
Reviewed
Action
Planning Commission: 05/19/04
Pending
Board of Supervisors: 05/26/04
Pending
LOCATION: This property is located at the northern terminus of Morning Glory Drive (Route 1400),
approximately 2,300 feet north of the intersection ofMoming Glory Drive (Route 1400) and Senseny Road
(Route 657). The property is also accessible via Canyon Road.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBERS:. 55-A-209, 55-A-211; 55-A-213, & 65-A-40'
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
Use: Unimproved
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North Zoned: RA (Rural Areas) District
South Zoned: RP (Residential Performance) District
East Zoned: RA (Rural Areas) District
West Zoned: RP (Residential Performance) District
Use: Residential & Agricultural
Use: Residential
Use: Residential & Agricultural
Use: Residential
PROPOSED USE: 220 total dwelling units consisting of 149 single-family small lots and 71 multiplexes
1 The 3.8 acre parcel, identified by PIN 65-A-40, has been excluded
from all calculations. This parcel has been identified on the MDP,
because it is owned by Fu-Shep Farm Partnership, and is being
utilized for a temporary construction access road.
MDP 901-04, Channing Drive: Phases 9 & 10
Page 2
May j, 2004
REVIEW EVALUATIONS:
Planning StaffNote: No "master development plan"agency review comments were submitted with
this application. Review comments and approvals are required from thefollowing review agencies
prior to administrative approval: The Frederick County Fire Marshal, The Frederick County
Department of Public Works (County Engineer), The Frederick County Sanitation Authority, The
Frederick County Department of GIS, The Frederick County Department of Parks and Recreation,
and The Virginia Department of Transportation. Planning Staff Comments are encompassed
within this staff report.
Planning & Zoning:
A) Master Development Plan Requirement
A master development plan is required for most subdivisions and development of property in
Frederick County. Before a master development plan can be approved, it must be reviewed by the
Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only
be granted ifthe master development plan conforms to all requirements ofthe Frederick County
Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote
orderly and planned development of properly within Frederick County that suits the characteristics
of the land, is harmonious with adjoining property and is in the best interest of the general public.
B) Location
This property is located at the northern terminus of Morning Glory Drive (Route 1400),
approximately 2,300 feet north ofthe intersection of Morning Glory Drive (Route 1400) and Senseny
Road (Route 657). The property is east of Sovereign Village Subdivision and north of Senseny Glen
and Apple Ridge Subdivisions. This site is accessible via Canyon Road (and Morning Glory Drive
(Route 1400).
C) Site History
The original Frederick County Zoning Map (U.S.G. S. Stephenson Quadrangle) identified the zoning
for the acreage within the master development plan as A-2 (Agricultural General) District. This
zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the
comprehensive amendment to the county's Zoning Ordinance.
The Board of Supervisors approved Rezoning Application # 15-99 for Channing Drive on December
8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District,
and 22.0 acres of land zoned B2 (Business General) District. A Master Development Plan for the
entire acreage was administratively approved on December 5, 2001.
MDP #01-04, Channing Drive: Phases 9 & 10
Page 3
May 3, 2004
Pertaining to the Fu-Shep Tract, the currently approved MDP enables the development of 283
single-family detached urban residential lots. Single-family detached urban lots area minimum of
12,000 square feet with side yard setbacks of 10 feet (20' between houses). The currently approved
MDP provides for 49.5 acres of open space, all provided for during phase 9.
On March 23, 2004 the Frederick County Board of Supervisors adopted a resolution which gave
the individual property owners of the Channing Drive Rezoning the ability to submit revised master
development plan applications independent of one another.
On April 29, 2003, Judge Prosser accepted that Toll Brothers (developer) submit a complete MDP
application to Frederick County by April 29, 2003. Judge Prosser also ordered that the Frederick
County Planning Commission and Board of Supervisors review the submitted plans by the end of
May.
Planning Staff Note: This MDP has been accepted in an effort to comply with Judge
Prosser's order. It is important to note that the MDP application was incomplete on April
30, 2004.
D) Intended Use
The proposed residential development consists of 128.75 acres and consists oftwo phases (phases
9 and 10). Phase 9 includes 149 proposed single-family small lot dwelling units on 100.3 9 acres,
and Section 10 includes 71 proposed multiplex dwelling units on 28.36 acres. Single-family small
lots have a minimum lot size of 3,750 square feet and have a 5 foot side setback (10' between
homes). Multiplexes enable 3 or 4 attached residential units on minimum lots sizes of 2,700 square
feet (for 2 -bedroom units) and have a minimum side yard setback of 15' (30' between buildings).
E) Site Suitability & Project Scope
Land Use Compatibility:
The proposed subdivision is in the vicinity of other residential uses, as well as, agricultural uses to the
north and east. The Senseny Road Corridor consists mostly of suburban residential development,
primarily of the single-family detached traditional, urban, and cluster types.
Historic Resources:
The Frederick County Rural Landmarks Survey does not identify any potentially significant historic
resources on the site of the proposed master development plan. Furthermore, according to the
National Park Service's Stud of Civil War Sites in the Shenandoah Valley ofVirszinia, the subject
site does not contain any core battlefield resources.
MDP #01-04, Channing Drive: Phases 9 & 10
Page 4
May 3, 2004
Environment:
Based on the applicants information, the subject site contains a 8.72 acre lake, 4.71 acres of natural
stormwater detention areas, and 18.73 acres of steep slopes. 10% of the natural stormwater
detention areas and 20.02% of steep slopes are proposed to be disturbed by this development,
which is in conformance with the requirements of the Frederick County Zoning Ordinance. Riparian
Buffers are required on both sides of all natural waterways.
The General Soil Map of the Soil Survey of Frederick CoupVir inia indicates that the soils
comprising the subject parcels fall under the Weikert-Berk soil association, which are common soil
types found east of Interstate 81. It is noted that these soil types 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 development process.
Transportation:
The primary access to the site will ultimately come from Channing Drive. Initial access will be via
Canyon Road per court order, dated March 24, 2003. The proposed master development plan also
illustrates a temporary construction road on parcel 65-A-40, which would be parallel to Morning
Glory Drive (Route 1400). Channing Drive is a future maj or collector road which was proffered as
part of the Channing Drive Rezoning and will be constructed prior to the development of the Fu-Shep
Property. Secondary access is proposed via Morning Glory Drive and Canyon Road for Phase 9.
Also, Phase 10 may eventually connect with Eddy's Lane, and Chastin Court may be extended to
the adjoining property to the east, depending on how the surrounding area develops in the future.
Comprehensive Policy Plan:
The proposed 128.75 -acre site is zoned RP (Residential Performance) and is within the UDA
(Urban Development Area) and the SWSA (Sewer and Water Service Area). The development
of the subject property for residential uses is in general conformance with the policies of the
Frederick County Comprehensive Policy Plan.
Density:
The total 220 residential units on the 128.75 acres calculates to an overall residential gross density
of 1.71 units per acre. This is less than the 2.5 residential units per acre proffered with the Channing
Drive Rezoning for the Fu-Shep Property. The currently approved MDP has a gross residential
density of 2.2 units per acre for the Fu-Shep Property.
Open Space:
A total of 63.66 acres (49%) of the entire site will be designated as open space. This exceeds the
required 3 8.63 acres (30%) of open space, as specified by the Frederick County Zoning Ordinance.
27.92 acres of the proposed 63.66 acres are located outside of steep slopes areas, lakes and
wetlands. This exceeds the 19.32 acres required to be outside of these environmental areas.
MDP #01-04, Channing Drive: Phases 9 & 10
Page 5
May 3, 2004
F) Planning Staff Review Comments/Issues: The following comments must be adequately
addressed by the applicant prior to approval:
1) Review Agency Comments. As noted above, no review agency comments of this MDP
were submitted with this master development plan application. Such comments must be
received and complied with prior to MDP approval.
2) Special Limited Power of Attorney Form. Please have the property owner submit a
completed, signed and notarized Special Limited Power of Attorney Form. This form grants
the applicant with the authorization to represent the property owner.
3) Magisterial District. Please change the reference to the magisterial district from the
Stonewall District to the Red Bud District. The Red Bud District is the correct district.
4) Riparian Buffers. Please show all natural waterways and required riparian buffers.
5) Multiplex Units. Please specify on the MDF whether the proposed multiplex units will be
multi -family or single-family.
6) Proffer Summary. Please list all proffered conditions verbatim on the master development
plan for reference. The proffer summary provided on page 2 of 2 excludes some proffered
conditions, such as the monetary contribution of $4,205.14 per lot and the nature trails.
7) Trails. Please specify on the MDP that the proposed trails will be constructed for public
use. Please also provide the following information on the MDP regarding the proposed trails:
a) whether or not the trail will be established within an easement, b) what the width of the
easement will be, if proposed, c) what the width of the trail will be, and d) what the surface
material and base material of the trail will be,
S) Revision Dates. Please list any revision dates on the MDP. According to the submitted
plan, this plan was prepared in October of 2002 and has not been revised.
9) Sidewalks. According to the Typical Roadway Section on the MDP, the proposed
sidewalks are 4 feet in width. Please note that VDOT has increased their minimum width of
sidewalks to 5 feet. Please revise the plan accordingly.
10) Residential Separation Buffers. Per Section 165-37 C(1)(a)[2], of the Zoning
Ordinance, please show the required residential separation buffers between the proposed
single-family small lots andthe adjoining single-family detached traditional, urban, and cluster
lots.
MDP #01-04, Channing Drive: Phases 9 & 10
Page 6
May 3, 2004
11) Landscaping. Per Sections 165-65 F (2) and 165-36, of the Zoning Ordinance, please
provide the required landscape plantings.
12) Hours of Operation for Temporary Construction Road. Please consider limiting the use
ofthe temporary construction road to reasonable operation hours to lessen the impact it will
have to adjoining properties.
13) Community Center. Please provide a community center(s) for the proposed development
as required per Section 165-64 A, of the Frederick County Zoning Ordinance.
STAFF CONCLUSIONS FOR 04/07/04 PLANNING COMMISSION MEETING:
Upon adequate resolution ofthe above -listed comments, including all review agency, Planning Commission
and Board of Supervisors comments, this Master Development Plan would be consistent with the
requirements ofArticle X -','H, Master Development Plan, ofthe Zoning Ordinance. All ofthe issues identified
by the Planning Commission should be appropriately addressed.
This application for master development plan 905-04 is incomplete. Until such time as the
applicant provides the necessary review agency comments and other materials, and completes
the application, it may be appropriate to continue the review of this MDP application until the
next available Planning Commission Meeting.
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
March 29, 2004
Manning & Ross Developers, LLC
PO Box 27
Winchester, Virginia 22604
Lynnhaven LC
112 N Cameron Street
Winchester, Virginia 22601
Fu-Shep Farm Partnership
405 Briarmont Drive
Winchester, Virginia 22601
RE: Channing Drive Master Development Plan
MDP #08-00
Dear Gentlemen:
On March 23, 2004, the Frederick County Board of Supervisors adopted a resolution which pertains
to the Channing Drive Master Development Plan. Specifically, the adoption of this resolution
enables the three developers to proceed with Master Development Plan revisions, which would be
reviewed independently of one another. However, I would note that the major collector road known
as Channing Drive would need to be dedicated and its construction guaranteed prior to the approval
of any of the master development plan revisions. The adopted resolution has been attached for your
information.
Please contact me with questions concerning this letter.
AICP
Director
Attachment: Resolution
cc: /John R. Riley, Jr., County Administrator
107 North Dent Street • Winchester, Virginia 22601-5000
RESOLUTION OF THE FREDERICK COUNTY
BOARD OF SUPERVISORS
To consider individual master development plan revisions of Master
y—%I pmcnt Plan 4Og_00 for Channing Drive, for the three developments
within the 376 -acre project, following the dedication and guarantee assuring
the construction of the road known as Channing Drive.
Action: BOARD OF SUPERVISORS: March 23, 2004
❑ APPROVED ❑ DENIED
WHEREAS, Rezoning #15-99 of Channing Drive was submitted to rezone 354.3 acres from
RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas)
to B2 (Business General) with the proffers submitted by the applicant. This property is
located on the north side of Senseny Road (Route 657), on both sides of Bean's Pond Lane,
and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights
Subdivisions, and is identified with Property Identification Numbers 55-A-206,209,211,213
& 65-A-30, 31, 39, 40 in the Red Bud Magisterial District.
WHEREAS, Rezoning #15-99 of Channing Drive was adopted by the Frederick County
Board of Supervisors on December 8, 1999, and
WHEREAS, Master Development Plan #08-00 of Channing Drive was adopted by Frederick
County on December 5, 2001 and such master development plan illustrated planned and
coordinated land uses and infrastructure improvements for the entire 376 -acre site, and
WHEREAS, the current three development owners were party to or have assumed the
ori sinal Master De :Telopment Pl:�, which arose as a request of those three property owners
and/or their predecessors, and
WHEREAS, the County was requested to consider each development separately to enable
revisions to the Master Development Plan by the individual developments, and
WHEREAS, a key element of the Master Development Plan was the coordinated effort to
construct Channing Drive as a major collector roadway, and
WHEREAS, the dedication of Channing Drive and the guarantee of its construction would
achieve an intent of the Proffered Conditions with the Rezoning;
THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Frederick County world be amenable to consider individual master development plan
revisions for the three developments within the 376 -acre development project following the
dedication and improvement guarantee for Channing Drive.
Passed this 23rd day of March 2004 by the following -recorded vote:
Richard C. Shickle, Chairman Aye
Gary W. Dove
Aye
W. Harrington Smith, Jr.
Aye
Barbara E. VanOsten
Aye
Lynda J. Tyler
Ave
Bill M. Ewing
Ave
Gina A. Forrester
Resolution No.: 054-04
Aye
A COPY A TE T
r
John Rf "ey, Jr.
Frederi County Administrator
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Frederick County, Virginia Master Development Plan Application Package
APPLICATION
MASTER DEVELOPMENT PLAN
Department of Planning and Development Use Only.
Date application received
qQ 0)
Complete. Date of acceptance.
Incomplete. Date of return.
Application # 0 "Q T
1. Project Title:C !k( �c•� �4`%C��iZ iU )� 1�1(`� 10
2. Owner's Name:
(Please list the names of all owners or parties in interest)
3. Applicant: 1C)LL VN \U, L- P.
Address: C, oRt:..t C, Suite ) ZD
Phone Number: C,1 Cs,*,� -A 1.,1— U a 4 i
4. Design Company: (C-2-` S2 Z` ChX, I foFFLL I, b
Address: C,)? -CL-(;- Sig,TL-`> )SO
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Phone Number: (.� C>'� x4 3--- to a Li L{
Contact Name:`J i E Q 1 i� I.� C. O L L) P= -S
Page 11
Frederick County, Virginia Master Development Plan Application Package
APPLICATION cont'd
MASTER D ELOPMEN T PLAN
5. Location of Property: N w Lo`x. Fs kxk:, i i c;--MmI Q ` .0 I a► c�F
Mc b-'1 , (-, t-C&,CbbVr CCCT 140EN
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7.
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Total Acreage: i ---, " 5-j 1\ C
Property Information: ' « - �«�� - 9"' M ` T M - "CC k -- � 13
a) Property Identification Number (PIN):
b) Current Zoning:
C) Present Use:
d) Proposed Uses:
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e) Adjoining Property Information:
Property Identification Numbers
North
South iM-La's T - ccs)
East los-CC_N"b- R5
West iT'1- UT --(- C 9
0 Magisterial District:
Is this an original or amended Master Development Plan?
Original Amended
Property Uses
VpkczN
I have read the material included in this package and understand what is required by the Frederick
County Department of Planning and Development. I also understand that the master development
plan shall include all contiguous land under single or common ownership. All required material will be
complete prior to the
Signature:
Date:
my master development plan application.
Page 12
Frederick County, Virginia Master Development Plan Application Package
Adjoining Property Owners
MASTER DEVELOPMENT PLAN
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the parcel
identification number which may be obtained from the office of the Commissioner of Revenue. The
Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration
Building, 107 North Kent Street.
NAME
ADDRESS / PROPERTY NUMBER
Name
Address %) I
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Property # / L
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Page 18
68
Frederick County, Virginia Master Development Plan Application Package
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Page 19
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