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PC 09-15-04 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia September 15, 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 920-04 of Stephen and Jessica Swiger, for a Landscape Contracting business. The property is located at 4552 Martinsburg Pike (Route 11 N), and is identified with Property Identification Number 33-A-26 in the Stonewall Magisterial District. Mr. Beniamino................................................................................................................. (A) 4) Ordinance Amendment — Hours of operation for Car Washes in the 132 Zoning District Mr. Cheran....................................................................................................................... (B) PUBLIC MEETING 5) Master Development Plan #08-04 for Hamilton Court, submitted by Painter -Lewis, P.L.C., for townhouses and one single family residential lot. The property is located along Route 277 (Fairfax Pike) near the Town of Stephens City, and is identified with Property Identification Numbers 86-A-89 and 86-A-90, in the Opequon Magisterial District. Mr. Lawrence................................................................................................................... (C) :7 • C CONDITIONAL USE PERMIT #20-04 41C� ' c�tr Stephen & Jessica Swiger Staff Report for the Planning Commission Public Hearing Prepared: August 30, 2004 Staff Contact: David M. Beniamino, 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 09/15/04 Pending 10,12/04 Pending LOCATION: 4552 Martinsburg Pike. Approximately 1/4 of a mile south of State Line Exxon Station on Route 11 North. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33A -A-26 PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Area District Land Use: Residential Zoned: (RA) Rural Areas Land Use: Residential, Agriculture, Automobile Sales & Vacant. PROPOSED USE: Landscape Contracting Business REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Present entrance is adequate for proposed improvements. However, should use ever expand in the future, the entrance may have to be upgraded. C.U.P. #20-04 August 30th, 2004 Page 2 Fire Marshall: Access to the proposed structure shall be maintained at a width of 12 feet and a vertical clearance of 13.5 feet. Inspections Department: Buildings shall comply with the Virginia Uniform Statewide Building Code and Sections 311, S (Storage) of the International Building Code/2000.Other codes that apply are CABO Al 17.1-98 Accessible and Usable Buildings and Facilities. Handicap parking and access to the buildings shall be provided. All required egress doors shall be accessible. Design Professional License in VA may be required to seal the structural plans submitted for permit application and special inspection requirements of Chapter 17 of IBC shall apply to this type of structure. (soils, concrete steel, etc) Health Department: No bathroom can be added. Per owner, building will only be used for storage purposes. Owner knows general location of the existing septic system, and it is the owner's responsibility riot to damage the drainfield. If the drainfield becomes damaged, a repair permit will not be issued and the owner will be required to contact the Frederick County Sewer and Water authority. Planning and Zoning: This proposed Conditional Use Permit is for a landscape contracting business. This proposed use will take place on a one acre tract of land located in the RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance allows for landscaping contracting in the RA Zoning District with an approved Conditional Use Permit (CUP). The proposed use shall employ no more than eight (8) employees at any one time and all work will be done offsite .The site will not contain more than five (5) business vehicles and three (3) trailers stored on the premises. No sales of nursery stock will take place on site. This landscaping business will not be open to the public, minimizing the need for a site plan. Hours of operation for the business will be from 7AM to 7PM. The primary use of this conditional use permit will take place in the rear of the applicants' property. Screening requirements should be imposed on the rear and sides of the proposed structure to block this use from the residence to the east and west. Either a six (6) foot opaque fence or a double row of evergreens shall be utilized as a part of this conditional use permit. The rear of the property abuts part of the recently passed Semples Rezoning. C.U.P. #20-04 August 30th, 2004 Page 3 Staff Conclusions for the 9-15-04 PlanninLr 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. No more than eight (8) employees, five (5) business vehicles, and three (3) trailers shall be allowed on site as a part of this Conditional Use Permit. 3. Any expansion or change of use, including any increase in number of employees or equipment, will require a new Conditional Use Permit with an engineered site plan. 4. No sale of nursery stock will be allowed on site. 5. Screening consisting of either a six (6) foot opaque fence or a double row of evergreens be planted in order to screen all materials and vehicles from adjacent properties. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. rw. �-' fridges Application �v Culverts lakes/Ponds Dams Streams Retaining Walls suadings Road Centerlines Tanks N Trails 0 165 330 Application /�/ Bridges �v DWv , Lakes/Ponds /�/ Dams +4^- streams /N1 Retaining Walls Buildings Road Centerlines Tanks �� �\s Trails 0 165 3301 Feet Submittal Deadline P/C Meeting o BOS Meeting 0 6 CATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA I. ADDlicant (The applicant if the owner �— other) NAME: � k Q- vt � , � ��,Ss i G � ' - � i.v l R le_4� ADDRESS: 52 eVI �l�►( �1'�, 5 � �'!�z'-� ��F� �il� krii�l�7 ��- ° ii � 2 2IQ 2-�' TELEPHONE -7 Z 2- 2. 2. Please list all owners, occupants, or parties in interest of the property: atoev to 3. The property is located at: (please give exact directions and include the route number of Dyour road or street) Ail -'r"° 1,k-ev'► s 4°� Gear b,�� -es, �-'►� jS r-� x+ F !� ij ' 1 1 e 4. The property has a road frontage of J�` feet and a depth of -1& 0 r 0 feet and consists of d 0 (Please be exact) k acreo. The property is owned b S i7SS t' as evidenced by deed from , ` 4 I Yeti in deed book no. (previous owner) recorded records of the CIClerk of tee Circuit 'Court, Canty the Frederick.- 6. Tax(Parcel)Identification (I.D:)No. Magisterial District sf, n�� Current Zoning r� io Adjoining Property: USE Norths i}l 4 East- � South r'9.1" test _ZONING S. The type of use propos is (consult with the Planning Dept. before completing) C 4" ( /Vt, L-WJ S CM -�q . --- J -e 9. It is proposed that-thejfoll wing buildings ill be constructed: eta V v1 r? 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�,rc� . �i , -` �t,�'�, btl r ADDRESS PROPERTY ID# NAME G�t'�°��:v�ti�e.j ADDRESS PROPERTY ID# a� ` NAME���i'tL�� ��ti�S �V�1�1�LV' `t�C., ADDRESS PROPERTY ID# ? `� If 7 t 2-Z (� 1 NAME ��. �c �S [✓�����r EAii S PROPERTY ID# �) D i NA14E PROPERTY ID# ADDRESS 4 5 L, `la P, C. + ADDRESS NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 12. Additional comments, if any: P(Z-V vstd ,i �0 kaf ls L ed M c4 rv� Po A q V edA)4-t S wm ^6 t o ds Te A A --I PA 66 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. 1 r. Signature of Applicant 5,_ �--�, F / ,C�„/ IIP Signature of Owner Y Owners' Mailing Address 1 Z M�lielaw Owners' Telephone No. C5�b� T-3 :20 BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: V6 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. IA C AL-' -' CIII 17) t2m:&- PIN 34-A-4 - N/F GEORGE M. SEMPELES DB 746 PG 214 ZONED: MERIpIAN 0' 4 DC 20 FCSA SAN. SEWER E! M T - INSTR. /030018889 PG 10 /RFS 193054" W S 1975100" W 119.70' IRS DB 19 --- 50 x x -X x x PIN 33A -A-26 42,500 SO. FT. (CONSOLIDATED AREA) ZONED: RA USE: RESIDENTIAL 1 Z w o O O N w r- W o EXISTING ' 100' BRL p N GARAGELn C -D I w Cl -cavil ---i >- EX ,.o W - 1 [:j r DRIVEE�NA, � ' I � �' a, 2 x : z o m Q OI i -a' ---� O � w cn m z O i i 00 x25 1 60 BRL r r r 0- --- ,� oEX. WELL CAP r IRf x x x tRc LEGEND RA - USE: AGRICULTURAL it 01, CMF N 1975'00-E 119.70' 85' t TO WOODBINE ROAD U. S. ROUTE 11 N MARTINSBURG PIKE 80, R/W IRF - IRON ROD FOUND IRS - IRON ROD SET CMF - CONCRETE MONUMENT FOUND BRL - BUILDING RESTRIC77ON LINE — x — - FENCE LINE NOTES.• 1. NO 777LE REPORT FURNISHED, THEREFORE, MA Y EXIST 77 -IA T AFFECT THE PROPERTY. 2. 7H£ BOUNDARY INFORMA 77ON SHOWN ON MADE ON APRIL 30, 2004. GRAPHIC SCALE 50 0 2A ,5 50 100 1 1 inch = 50 ft. CURVE TABLE N0. RADIUS ARC TAN BEARING CHORD DEL TA Cl 5689.58" 50.30' 25.15' N 1930'12" E 50.30' 003024" EASEMENTS AND/OR ENCUMBRANCES OTHER THAN SHOWN 77 -IIS PLAT IS BASED ON AN ACTUAL FIELD RUN SURREY PLA T OF CONSOLIDA TION OF 7HE LAND OF STEPHEN D. SWIGER AND JESSICA L. SWIGER 4552 MAR77NS3URG PIKE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA AUGUST 3, 2004 >'- TH OF tf, 9 Voleas e 001197 l�ND SURv���¢ ID 6105A SHEET 2 OF 2 -"4++0"' DAF MARSH 8c LEGGE 5NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 1 Land Surveyors, P. L. C. PHONE (540) 667-0468 FAX (540) 667-0469 Q7 Z_ "yao�F pati, 11-P lei llr-�N Fp? Rest U d" poo Exit-32 lA^ i7 Woodhin 669 e puna__ anca MLINITY MAP SITE 669 SCALE 1"=2000' 671 ED 111' APPROY TOR 7FA�'I'( /V SUBDIWSION ADMIXISTTA -DA OWNERS' CER 77FICA TE THE ABOVE AND FOREGOING PLA T OF CONSOLIDA 77ON OF THE LAND OF STEPHEN D. SWGSR AND JESSICA L. SWGER DESIGNATED AS LOTS 9 AND 10 [PIN JJA-A-261 AS APPEARS IN THE ACCOMPANYING PL A T IS WITH THE FREE CONSENT AND IN ACCORDANCE WTH THE DESIRES OF THE TORS AND 7RUS7FES IF ANY STEPHEN' V. SWIUeH J L. SW16;4V 1,J NOTARY PUBLIC STA 7F OF �i/ �ti CIT)-1,G6UN-TY0,9 77-E FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON i-A BY S 7FPHEN D. SWGER AND JESSICA L. SWGER. (DA TE) 21-31;101- �,-/ MY COMMISSION EXPIRES ON (NOTARY PUBLIC) SUR VE YOR'S CER TIFICA TE I HEREBY CERTIFY THAT THE LAND CON TA INED /A( THIS PL A T OF CONSOL IDA 77ON IS THE LAND CONVEYED TO STEPHEN D. SWGER AND JESSICA L. SWOER DESIGNATED AS LOTS 9 AND 10 [PIN 33A-A-261 BY DEED DATED IJ .1UNE 2003AS RECORDED IN LAND RECORD 0JO012608 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA. AREA TABULA TION ORIGINAL LOT 9 21,250 SO. FT ORIGINAL LOT 10 21,250 SO. FT COMPOS/7F AREA 42,500 SO. FT PLA T OF CONSOLIDA TION TH OF k OF THE LAND OF STEPHEN D. S W1 GER AND JESSICA L. S W1 GER 4552 MARTN53UPG PIKE STONEWALL MAGISTERIAL DISTRICT 0 0. 001 97 FREDERICK COUNTY VIRGINIA AUGUST J 2004 4 "* -D ID 6105A SHEET I OF 2 DAF 56Ak MARSH & L E G G E r WINCHESTER, VIRGINIASTREET 22601 i llI Land Surveyors, P.L.C. PHONE �540) 667-0468 U FAX 540) 667-0469 • C • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUMLj TO: Frederick County Board of Supervisors FROM: Mark R. Cheran, Zoning and Subdivision Administrator ,�<'-- FAX: 540/665-6395 RE: Discussion: Section 165-48 of the Frederick County Zoning Ordinance regarding adding hours of operations for car washes in the B-2 (Business, General District) DATE: August 31, 2004 The Development Review and Regulations Subcommittee (DRRS) at its May 27, 2004, meeting recommended adding hours of operation for car washes located in the B-2 (Business, General District) Zoning District, under Section 165-48 of the Frederick County Zoning Ordinance. These hours of operation would only apply to B-2 property that is adjacent to RP (Residential Performance), R-4 (Residential Planned Community District), R-5 (Residential Recreational Community District), MS (Medical Support with Residential Component), or MH -1 (Mobile Home Community) zoned land. The DRRS felt that adding hours of operation would be consistent with current Zoning Ordinance requirements for car washes located in the B-1 (Business, Neighborhood District) Zoning District and would negate any nuisance factors. (See bold print below.) This proposed ordinance amendment was presented as a discussion item to the Planning Commission at its July 7, 2004, meeting. The Planning Commission recommended adding hours of operation for car washes in the above stated Districts. Staff will be available to respond to your questions. Section 165-48. Car Washes A. Car washes located in the B-1 (Business, Neighborhood District) and B-2 (Business, General District) Zoning District, adjacent to RP, R-4, R-5, and MH -1 zoned properties shall have an operator on site during all hours of operation. B. Car washes located in the B-1 (Business, Neighborhood District) and B-2 (Business, General District) Zoning District, adjacent to RP, R-4, R-5, and MH -1 zoned properties shall be operated only during the following hours: 197 North Kent Street o Winchester, Virginia 22601-5000 Days: Monday through Friday Saturday Sunday MRC/bad Hours: 7:00 a.m. to 9:00 p.m. 8:00 a.m. to 9:00 p.m. 12:00 p.m. to 6:00 p.m. § 165-47 FREDERICK COUNTY CODE § 165-48 4P opaque fences, opaque landscaping or opaque natural vegetation. [Amended 6-9-19931 D. Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be stored in watertight, verminproof containers. (1) All multifamily residential developments, commercial developments and industrial developments where more than one (1) residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances. (2) Such trash containers shall not be located in the front yard areas of such uses. Such containers shall be located to avoid traffic conflicts with parked vehicles and general traffic. Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts. E. [Added 12-9-19921 No junkyards shall be hereafter established any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or United States highway or within five hundred (500) feet of the nearest edge of the right-of-way of any Commonwealth of Virginia highway, except as follows: (1) Junkyards which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the highway or street or otherwise removed from sight. (2) Junkyards which are not visible from the main traveled way of the highway. § 165-48. Car washes. [Added 4-10-19911 A. Car washes located in the B1 Neighborhood Business Zoning District shall have an operator on site during all hours of operation. B. In the 131 Neighborhood Business Zoning District, car washes shall be operated only during the following hours: 16570 10-25-93 § 165-48 Days Monday through Friday Saturday Sunday ZONING Hours 7:00 a.m. to 9:00 p.m. 8:00 a.m. to 9:00 p.m. 12:00 noon to 6:00 p.m. § 165-48.1. Restaurants. [Added 12-9-1992] § 165-48.2 Restaurants located in the B1 Neighborhood Business Zoning District shall meet the following requirements: A. Restaurants are not permitted to have drive-through window service.. B. Restaurants are only permitted to be located within a shopping center containing at least three other business units. C. Restaurants are not permitted to exceed 35% of the total floor area within a shopping center. § 165-48.2. Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers. [Added 6-9-1993; amended 2-7-1995] Where allowed, truck or fleet maintenance facilities and truck rental and leasing facilities without drivers, shall meet the following requirements: A. In the M-1 Light Industrial District, truck or fleet maintenance facilities shall only be permitted in industrial parks. B. Truck or fleet maintenance facilities may have fuel service, provided that it is limited to one gasoline storage tank of 10,000 gallons or less and one diesel storage tank of 10,000 gallons or less. C. All repair and maintenance operations shall occur within a completely enclosed structure. D. Outdoor storage of parts associated with repair and maintenance shall not be permitted. E. Retail sale of fuel shall not be permitted. F. The Planning Commission may require additional buffers and screening other than those defined in § 165-37 of this chapter. 0 16571 1-1_98 MASTER DEVELOPMENT PLAN (MDP) #09-04 HAMILTON COURT Staff Report for the Planning Commission Prepared: August �'l, 2004 Staff Contact: Eric R. Lawrence, AICP, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/15/04 Pending Board of Supervisors: 10/13/04 Pending LOCATION: This property is located on the northside of Route 277 (Fairfax Pike), between the Georgetowne Court and Lexington Court townhomes developments. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-89 and 86-A-90 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Townhouse ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RP (Residential Performance) Use: Townhouse (Georgetowne Court) Single Family (Jefferson Village) South Zoned: B2 (Business General) East Zoned: RP (Residential Performance) West Zoned: RP (Residential Performance) Use: Office Use: Townhouse (Lexington Court) Single Family residence Use: Townhouse (Georgetowne Court) PROPOSED USE: 45 townhouses and one single family detached traditional lot MDP #09-04, Hamilton Court Page 2 August 31, 2004 REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have a measurable impact on Route 277, the VDOT facility which would provide access to the property. It appears all comments as detailed in the May 11, 2004 letter appear to have been addressed. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. 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. Frederick County Fire Marshal: Bollards and chain required at the emergency vehicle turnaround, as well as fir lane signs. Plan approval recommended. Frederick County Public Works: We grant our approval of the MDP for the subject project as submitted. The proposed project will help alleviate an existing storm drainage, pipeline and standing water condition between Lexington Court and Georgetown Court. Frederick County Inspections Department: Demolition permit required to remove existing structures. No additional comment required at this time. Frederick County Sanitation Authori : 1` review - approved. Department of GIS: The Hamilton Court street name is approved and reserved as presented in the Hamilton Court Master Development Plan dated 4/8/04. (Preliminary structure numbering has been assigned.) Frederick County Department of Parks & Recreation: There appears to be an appropriate amount of open space provided; however, the open space dedicated along Rt. 277 would serve only as a buffer and has no apparent open space value for the residents. Also, when Rt. 277 is widened, this space may no longer exist. Plan appears to provide an appropriate recreational unit to meet county requirements. Bicycle trail section meets this department's standards for trail construction. Historic Resources Advisory Board: Upon review of this Master Development Plan, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the proposal by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property. The National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would impact. Winchester Regional Airport: This Master Plan has been reviewed and it appears that it should not impede operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surfaces. However, the site does lie within the airport's airspace and residents could experience MDP 09-04, Hamilton Court Page 3 August 31, 2004 fly -over noise from aircraft arriving from the south into Winchester. 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 if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location This property is located on the north side of Fairfax Pike (Route 277), east of its' intersection with Double Church Road. The Georgetowne Court and Lexington Court townhouse developments are on either side of the subject properties. The subject parcel consists of 6.461 acres. C) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subj ect parcels as being zoned R-1(Residential Limited). The zoning changed to RP (Residential General) District on September 28, 1983 when the RI, R2, R3, and R6 zoning districts were reclassified. D) Intended Use 45 townhouses and one single family detached traditional residential lot E) Site Suitability & Project Scope Land Use Compatibility: The 6 '/2 acre site is located adjacent to existing residential land uses in an area of Frederick County which is predominately residential in nature. To the north is Jefferson Village, which consists of single family detached traditional dwellings. To the east and west are townhouse developments. Immediately south, across Fairfax Pike (Route 277) is an office use. Comprehensive Policy Plan: The site of Hamilton Court is not within the study limits of any small area land use plan found in the 2003 Comprehensive Policy Plan. However, the site is zoned RP (Residential Performance) District, and is within the UDA (Urban Development Area). The Comprehensive Policy Plan states that suburban residential development may be appropriate within the UDA. MDP #09-04, Hamilton Court Page 4 August 31, 2004 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 Virg. inia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. Environment: The subject site does not contain any known areas of environmental features. Environmental features include areas of floodplains, lakes or ponds, wetlands, natural waterways, riparian buffers, sinkholes, natural stormwater retention areas, and steep slopes. Transportation: Access to the site is proposed via an entrance off of Fairfax Pike (Route 277). Fairfax Pike is a minor arterial road and is planned for future improvement, as shown on the Frederick County Eastern Road Plan [2003 Comprehensive Policy Plan, page 7-151. As required for all minor arterial roads, a minimum entrance separation of 150' is required for all new entrances [Section 165-29.A (4)]. Per VDOT requirements, a new right turn lane consisting of a 150' taper and a 100' deceleration lane, as well as a left turn center lane, shall be provided for the proposed entrance. Landscaping, Buffers & Trails: The proposed preliminary master development plan shall provide an 80' road efficiency buffer along Fairfax Pike (Route 277), a 100' residential separation buffer adjacent to the north (Jefferson Village) and the east property lines. These buffers are in addition to the landscaping requirements of the Frederick County Zoning Ordinance, both 165-36 and 165-27.E (11). A ten foot wide bicycle trail has been provided on the north end of the property, connecting the Hamilton Court development with the Georgetowne Court development to the west. Staff would encourage the applicant to consider providing an eastern trail connection to the Lexington. Court development. The proposed development shall provide a ten foot bike path along Fairfax Pike (Route 277) as planned by the Frederick County Bicycle Plan, found in the 2003 Comprehensive Policy Plan, page 7-16. This trail along Fairfax Pike has not been provided on the MDP. PlanningStaffNote: The Department of Parks & Recreation recommends that all bike trails be asphalt and ten feet in width to meet the Federal Highway Administration and American Association of State Highway and Transportation Officials guidelines. The applicant should consider providing such a trail along Fairfax Pike within the road efficiency buffer. MDP #09-04, Hamilton Court Page 5 August 31, 2004 F) Non -Conforming Structure: The southeastern -most lot proposed through this master development plan will contain a single- family dwelling that currently exists on the parcel. The applicant has indicated that this dwelling will remain upon development of the remainder of the parcel. It is important to note that this dwelling would encroach within the required front yard setback area of the proposed lot as a result of the location of the Hamilton Court right-of-way. It is noted that the applicant has elected to locate Hamilton Court at its' present location in an effortto maximize the development potential for the site. Therefore, staff would suggest that the design of this project has created the right-of-way encroachment. Staff has determined that the origination of an encroachment in such a manner may be inappropriate to be considered a legal non -conformity. Accordingly, the applicant has noted on the master development plan that the existing structure will be removed and/or modified as necessary to meet the 35 -foot setback requirement. STAFF CONCLUSIONS FOR 09/15/04 PLANNING COMMISSION MEETING: This preliminary master development plan proposes up to 45 townhouses and a single family lot on approximately 6.461 acres of land zoned RP (Residential Performance) District. Prior to administrative approval, it may be appropriate for the applicant to provide a ten foot wide bike trail along Fairfax Pike, as well as a trail connection with the Lexington Court development to the east. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission, should be appropriately addressed prior to a recommendation to the Board of Supervisors. A summary of concerns and comments from the Planning Commission to the Board of Supervisors concerning this master development plan application would he appropriate. t A to 41, 4? 40 40 3 3 4 1 3 A 3 3 B 3 a 33 33 86C 2 1A 2 GEORGETOWNE 97COURT JA HOA 32 25 24 21 2 Z, 21 2" 8 1A 16 86 87 WHITACRE Y .7 89 86 A 89 ti A 2 Y if 86C 2 to iir GEORGETOWNE COURT HOA 6 67 68 7 1A 7,8. 8 79 861, 2 1A GEORGETOWN COURT Y 75K 1 7A 22 7A 2.1 72 90 86 A 90 / WHITACRE 4 LEXINGTON COURT HOA 86C 3 3A g7 HERBAUGH 86 5 A A 3 MDP # 09 - 04 Hamilton Court (86 - A - 89; 90) 0 165 330 Feet Map Features Application Bridges — Parcels Lk-IP—d. Culverts 10V D_ Ag,l..Itu,.? & F—St"T DistrictsN St'.... IV Retaining Walls S1 Double Church B.fid,,,, Road Centerlines L::j Ref.g. Church W * Tanks Alp CD South Frederick S 3 MDP # 09 - 04 Hamilton Court (86 - A - 89; 90) 0 165 330 Feet 0 165 330 Feet _ iApPrcatmn eddsaa ^� C.w.A. Lak.s Ponds 400V Dams —7 s'— N R"" w" soirdi�a Road Centerlines t. ranks 4`v"'^ O#V "\. Trac: 0 165 330 Feet Frederick County, Virginia Master APPLICATION MASTER DEVELOPMENT PLAN E C E � V 6 1 AUG 9 22004 Aation Package 1. Project Title: Comma --k Coy. e� 2. Owner's Name: DZ-. Sar . L W"a .0 Z. loti3 �AtittE R..ocLi> CLr�Aa, &R-,noL'.. VIA, ZZ.coZ,4 3. Applicant: Address: Phone Number: 4. Design Company: Address: Phone Number Contact Name: FREDERICK COUNTY PLANNING & DEVELOPMENT (Please list the names of all owners or parties in intrest) 11 to �v-rrt 'ST�a a2. � 'S'crL.�,z I/J�NC.FECSTER.� 1%� ZZLoC?i s4o - "-z -5- 9 Z. d��KTFA- LzW1S� t� L. C— - w, w,rt�tt--Si*�Z Jl� zz (9c I S<(O - Cp(fl Z -5 792 Page 11 Frederick County, Virginia Master Develo men Hlan[Appcation e FREDERIPLANNING &CEWC60 ENT APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: 2Z-7 V3 E4,t- � "To S� ►.lS G � t ►sib• . 6. Total Acreage: 7. Property Information: a) Property Identification Number (PIN): b) Current Zoning: 1`-P Fc--, , peN� �*-- R � ►7 �5 r' C) Present Use: d) Proposed Uses: ►Mum �� -r u �E'���Gt1�Acl nAs� N1 S�Nc-u= e) Adjoining Property Information: Property Identification Numbers Property Uses North l-z-la;75k-1-& o u uses o- s South F��st�o.K Rpt Q o -w East West f) Magisterial District: �rz�©+d Mat7i^s�c. DSS—. 8. 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 master development plan application. Signature: Date: 9( Page 12 E G F V D AUG 9 2004 10 Frederick County, Virginia Master Development Plai PLANNING & DEVELOPfI�fENi 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. ADDRESS / PROPERTY NUMBER Name Address 5(vl App i4 fAX el KE STS/tg,456-r4 VA ZZ654STS/,456—r Property a g(, - 5 f�cSSG>� A. -1c -A- �.raot �i�t7Ft Lt. W! Gr! f K vAZZ(s `, V�110C�� P.r SWc2A�1�C7 ua� �k aZ�L J<,Eiz- tzb� �f Z 1�Ah"l��E(L Lr. StE-rlEGr D - 3 -2- 2- tlS'r&AL ) 44 YA t-sOMcpwNr -S �'aSSOC.�fa.-"i'I.o�1 EN 5o A ZZ 6 3 !o pC�C - z - I fes. .iAME`a 0'-n%40AhA PO bc>,4 -41t)Cs 51&Pr<EIY$ Cary, VA.ZZOS ��a-rd-Sl Page 18 E C E Q V E— Special Limited Power of i, Fi' County of Frederick, AUG 9. 10 Planning Office, County of Frederick, Virginia, 107 North Kent Street, Phone 540-665-5651. Facsimile 540-665=635 Know All Men By These Presents: That I (We) (Name)-5---,ve- o-wd Tn A„nV LJt%:A-acre (Phone) �S�/o) -7 3 (Address) (e 8 3-_3 v� e A ci C /e c.r &rvo 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_ on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) ,L s, C. %;•.o� y /�� -� .�, (Phone) �fof 6 6 a -S 7%2 (Address) 04. 11. c� c s,4 r, I/� a s (�y I 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 Properly, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits Ill Master Development Plan (Preliminary and Final) In Subdivision N 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. we have hereto set my (our)d and seal this /9 "��aay of 1, 200 Jn witness the3f, Signature( State of Virginia, City/GewAy of W;r.1, etc✓ , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing instrument and who is (are) Imown to me, personally appeared before me and has a6mowledged the same before me in the jurisdiction aforesaid this Lj "day of 200 . My Commission Expires: 07-3/-06 Nota] -y Public �,