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PC 08-21-02 Meeting Agenda4kxj 0q, AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia AUGUST 21, 2002 7:00 P.M. G K&1 - CALL TO ORDER TAB A -T- 1) June 19, 2002 and July 1, 2002 Minutes .................................... (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) TO Y-0�? vote, PUBLIC HEARING 4) Rezoning #07-02 of Doris F. Casey, submitted by Greenway Engineering, to rezone 30.31 acres from RA (Rural Areas) to (Residential Performance) District. This property is located approximately 800 feet north of the intersection of Front Royal Pike (Route 522) and Paper 5, Mill Road (Route 644) and is identified with Property Identification Number 64-A-23 in the T (Q�a�J Shawnee Magisterial District. (Ms. Kennedy) ............................... A.';.�o �09 ............. (B) PUBLIC MEETING 5) Master Development Plan #04-02 for the Rutherford's Farm Industrial Park, submitted 9/,Z,5 by Greenway Engineering, for the development of commercial and industrial uses. This n !,Z C property is located on the northeastern quadrant of Exit 317 on I-81 and is identified with J Property Identification Numbers 43-A-96; 43-A-97; 43-A-98; 43-A-99; 43-A-100; and 43 -A- I I I in the Stonewall Magisterial District. C , f) , J- J L . �b g-�� i Heti✓ (Mr. Camp) ..........................................................(C) 6) Request for Waiver of Buffer and Screening Requirement submitted by Greenway Engineering on behalf of Timothy Johnson. The parcels are identified with Property 10S rb� ' Identification Numbers 33-A-92 and 33-A-93 in the Stonewall Magisterial District. Q(Mr. Camp) .............................. (D) IOI� 7) Other 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 June 19, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; Gene E. Fisher, Citizen at Large; Robert Sager, Board of Supervisors' Liaison, and Jay Cook, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District; John H. Light, Stonewall District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Eric R. Lawrence, Interim Planning Director; Abbe Kennedy, Senior Planner, Jeremy F. Camp, Planner 11; Rebecca A. Ragsdale, Planner I; and Carol Huff, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 15, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the minutes of May 15, 2002 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 06/10/02 Chairman DeHaven reported that the CPPS continued discussions on entrance corridors in general. Frederick County Planning Commission Minutes of June 19, 2002 Page 883 -2 - Sanitation Authority (SA) - 06/18/02 Mtg. Commissioner Fisher reported that the SA elected officers for the year and Mr. Anderson was elected chairman. Commissioner Fisher also reported that the rainfall deficit is now below 15"; he said the south quarry is up approximately 30' sin ctober and the north quarry is holding. He said the SA is considering acquiring the services of DjK—Bci:b-aa faculty member from Virginia Tech, who will evaluate their hydrological evaluation methods. The also approved the 2002-2003 budget. Winchester Planning Commission (WPC) - 06/18/02 Mtg. Commissioner Ours reported that the WPC approved a site plan for an office building on West Jubal Early Drive, a medium density residential area with a planned shopping center overlay, and the WPC amended an ordinance pertaining to the definition of pharmaceutical centers within the City. Commissioner Ours reported that the WPC also passed a favorable recommendation for the preliminary subdivision approval of eight townhouse lots at 909 North Loudoun. He recalled for the Commission that in this evening's Planning Commission agenda, the Commission will be considering the County portion of that same development. INTRODUCTION OF ROBERT M. SAGER, BOARD OF SUPERVISORS' LIAISON Chairman DeHaven recognized the newly appointed Board of Supervisors' Liaison, Mr. Robert M. Sager, and welcomed him to the Commission. PUBLIC HEARING Rezoning Application #06-02 of Rex Dalrymple, submitted by Valley Mill, L.L.C., to rezone 3.18 acres from RP (Residential Performance) to B2 (Business General) District. This property is located along Valley Mill Road (Rt. 659) at Berryville Pike (Rt. 7), and is identified with P.I.N.s 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, and 54F -3 -Al in the Red Bud Magisterial District. Action - Tabled for 60 Days Ms. Abbe Kennedy, Senior Planner, read the background information and review agency comments. Planner Kennedy stated that the 3.18 -acre site is comprised of five parcels zoned RP (Residential Performance), it is within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), and existing B2 tracts adjoin the property on the east and west. She stated that the site was also adjacent to I-81, Exit 315, and is consistent with the Idealized Interchange Development Pattern included within Frederick County Planning Commission Minutes of June 19, 2002 Page 884 -3 - the County's Comprehensive Policy Plan. Planner Kennedy noted that the applicant does not address the impact on the adjoining residential properties, nor the visual impact to the public as they exit the interstate and enter the community of Frederick County. She also noted that the Rezoning Concept Plan, submitted with the application, is not a proffered document and, therefore, should only be utilized for illustrative purposes. There was a briefdiscussion on the amount projected by the County's Capital Facilities Impact Model to compensate fire and rescue services. Commissioner Thomas commented that the applicant's impact analysis statement was based on fast food/convenience store uses, while no analysis was based on a service station use. Commissioner Thomas inquired why that was not considered, as he believed it would be the worst-case scenario from a traffic standpoint. Commissioner Thomas also inquired about the distance of possible fuel tanks or sewer lines from water wells and whether the distance figures designated by the applicant were based on EPA regulations. Commissioner Fisher inquired about VDOT's minimum distance requirement from Rt. 659; he said VDOT's review comments indicated 300', however, the plan shows 225'. Staff noted that conversations with VDOT indicated that VDOT was confident this could be worked out with the applicant. Mr. Stephen L. Pettler, Jr_, an attorney with the firm Harrison & Johnston, was present to represent the applicant, Valley Mill, L.L.C. With regard to the County's Capital Facilities Impact Model's projected impacts, Mr. Pettler said that a zero impact was realized after all the credits were taken. He said the applicant offered an amount to offset costs to the volunteer organization which was comparable to what other commercial developments recently rezoned had offered. Mr. Pettler stated that the plan is conceptual because the user is still speculative, however, they've attempted to portray the worst-case scenario on the plans and factored gas pumps into the plan. Mr. Pettler gave some background information on the adjoining nine lots of the Morris property subdivision, which is subject to restrictive covenants prohibiting commercial uses. Mr. Pettler said that eight of those lot owners have signed agreements waiving the enforcement of covenants against Valley Mill, L.L.C. and the remaining lot owner has listed his property for sale. He said that some VDOT details will still need to be worked out, but they are site review and master development plan details. Mr. Pettler pointed out that the subject property is surrounded on three sides by B2 uses. He believed the transportation improvements proposed will result in better vehicle stacking along Valley Mill Road and the proposed leveling and landscaping would visually improve the entranceway into the County from I-81. Commissioner Ours inquired if the three existing structures would be vacated and Mr. Pettler replied that contracts for purchase ofthe structures are contingent upon the rezoning. Regarding Mr. Pettler's statement that the proposed landscaping goes over and above what is required under Frederick County Code, Commissioner Ours believed the wording was nebulous and he requested the applicant submit a detailed plan of the proposed buffer. Mr. Hank Sterenberg, P.E., with the engineering firm of Chester Engineers, addressed the comment from Commissioner Fisher regarding VDOT's minimum distance requirement from Rt. 659. He stated that 300' was recommended in VDOT's letter, however, during subsequent discussions with VDOT, they concurred that the proposed location was preferred for their site distance requirements. Mr. Sterenberg Frederick County Planning Commission Minutes of June 19, 2002 Page 885 -4 - felt confident that all of the issues detailed in VDOT's letter can be addressed to VDOT's satisfaction. Mr. Sterenberg next addressed the comments raised by Commissioner Thomas. He said that six gas pumps are planned, which will allow 12 fueling positions, and all fuel tanks will meet and/or exceed EPA standards. He stated that State Health regulations require a 100' setback from all wells, which they will meet; however, if they cannot, they will close the well. Commissioner Thomas requested that all existing water wells and the proposed Link locations be identified on the master development plan. Commissioner Thomas also requested to see more details on the transportation flow planning, including signage for traffic control. Mr. Sterenberg described the deceleration lane extending off Rt. 7 onto the frontage road. Also discussed was lighting and the direction and handling of storm water runoff. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Kirk Marsh, property owner to the west, was opposed to the rezoning because he believed it would create an eyesore for the residents to the west of the site. He pointed out that no buffers have been designated for the west side and he had issues with lighting and visual impacts. Mr. Marsh also had concerns regarding traffic impacts. He said the existing service road was not sufficient to handle existing traffic and the the area was already terribly congested due to the Dowell J. Howard Vocational School. Mr. Bob Gantz, owner of the 220 Seafood restaurant, was concerned about the traffic congestion and possible well contamination. He believed the applicant should proffer a traffic light and provide a better overall traffic flow plan. Mrs. Cathy Gantz said she was concerned about the impact the proposed commercial area would have on her rental properties in the immediate vicinity. She also was opposed to the rezoning because of the noise and visual impacts it would have on her home. She described the existing traffic congestion and was concerned about even greater traffic impacts. Ms. Shelly Harold was opposed to the rezoning because of traffic and visual impacts. Commissioners were disappointed that VDOT representatives were not present to discuss the transportation issues. They believed that B2 Zoning for this parcel was appropriate, however, there were transportation problems and safety issues that needed to be addressed. Commissioners informed the applicants that the issues raised must be addressed and they would be more comfortable approving the rezoning if the issues were detailed in a proffer statement. The Commission wanted the applicant to supply detailed information on transportation flow, the signage for traffic control, detailed protection of water wells, information on stormwater management, and detailed information on design standards, landscaping, and lighting. They also believed the applicant should proffer out undesirable B2 uses and address the residents' concerns regarding traffic congestion. Members of the Commission agreed that this was the opportunity to guarantee mitigation of the impacts. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, Frederick County Planning Commission Minutes of June 19, 2002 Page 886 -5 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Application #06-02 of Rex Dalrymple, submitted by Valley Mill, L.L.C., to rezone 3.18 acres from RP (Residential Performance) to B2 (Business General) District for 60 days to give the applicant the opportunity to provide additional detailed information concerning transportation flow, the signage for traffic control, detailed protection of water wells, information on stormwater management, and detailed information on design standards, landscaping, and lighting. They also believed the applicant should agree to eliminate some of the undesirable B2 uses and address the residents' concerns regarding traffic congestion. Conditional Use Permit #09-02 of Frog Eye Fiber Emporium, submitted by Mary S. Groundwater, for a Cottage Occupation for Instructional Classes and Retail Sales. The property is located at 347 Schoolmarm Lane and is identified with P.I.N.s 62-A-22 and 62 -A -21A in the Back Creek District. Action - Recommended Approval Planner Rebecca Ragsdale stated that the applicant is proposing to conduct instructional classes in spinning, weaving, knitting, and dying wool; in addition, the applicant would like to sell products associated with this craft, including spinning wheels and fibers. She said the classes and sales activities would take place in an existing 525 -square -foot studio in the applicant's home and there will be no employees. She added that classes and sales would generally be conducted on an appointment -only basis. Planner Ragsdale reported no disapproving review agency comments; however, the Fire Marshal has required a 14.5' vertical clearance the entire width of Schoolmarm Lane. She reported that the applicant is willing to provide the clearance as requested. Planner Ragsdale stated that the staff believes the proposed use would not adversely affect adjoining properties and it would be appropriate to approve the application for a conditional use permit. Mr. Robert Groundwater, a co-owner of Frog Eye Fiber Farm, stated that they want to expand their home-based industry to a cottage occupation level, which will allow them to place a small sign and allow incidental sales of spinning wheels and small amounts of commercial fiber. Mr. Groundwater explained that they sell to a "niche" market of hand -spinners and weavers; he said they dye their own wools and sell them to persons interested in fiber arts. Commissioner Morris inquired ifthe Groundwaters operated a registered farm and questioned whether the proposed use would fall under the "right -to -farm" classification, thereby eliminating the need for a conditional use pen -nit. Mr. Groundwater replied that this was predominantly a farm -based operation, with the exception of a few incidentals such as the spinning wheels, notions, and other fibers. Planner Ragsdale said that since the applicant planned to sell some products not actually produced on the property, the staff believed the conditional use permit would be appropriate. There next followed some discussion on the comments received by the Health Department regarding the septic system. Chairman DeHaven said he understood the Health Department comments to mean that since they cannot locate any record of an approved permit being issued, they may require the system to be uncovered, inspected, and confirmed that it is functional. Mr. Groundwater commented that the Health Frederick County Planning Commission Minutes of June 19, 2002 Page 887 M Department's representative walked the septic field and stated that it did not appear to be malfunctioning. Chairman DeHaven believed that definitive comments were needed from the Health Department so that the applicant and the County knew exactly what is expected_ Commissioner Unger commented about the narrow driveway and inquired ifthe Groundwaters expected deliveries by large trucks. Mr. Groundwater stated that they bring in hay, usually 100 bales at once on a pick-up truck with a trailer, with no problems. Mr. Groundwater added that he spent $900 for a tree service to clear all overhanging branches and they created a circular drive. for this area. Chairman DeHaven called for public comments, however, no one came forward to speak. Commission members were comfortable with the request and believed the use was appropriate Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #09-02 of Frog Eye Fiber Emporium, submitted by Mary S. Groundwater, for a Cottage Occupation for instructional classes and retail sales at 347 Schoolmarm Lane with the following conditions: All review agency comments shall be complied with at all times. 2. Any proposed business sign shall conform to the Cottage Occupation sign requirements and should not exceed four (4) square feet in size. Any change of use or expansion of this use will require a new Conditional Use Permit. Proposed amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, Article V, Rural Areas District, Section 165-5413, Family Division Lots, and Article XXII, Definitions. The proposed amendments are intended to identify qualifying family members for family division lots and to provide a supportive definition. Action - Recommended Approval Planner Jeremy F. Camp reported that the Development Review and Regulations Subcommittee (DRRS) has recommended an amendment to the Frederick County Zoning Ordinance dealing with family division lots. Planner Camp said the amendment would provide a definition of a "family member" that would be consistent with the Code of Virginia. Commissioner Moms inquired if the DRRS discussed the length of time these properties are to be held by the immediate family member before the property could be resold. Planner Camp replied that current requirements state that transfer of property can only occur once to the same family member in their lifetime, however, there is no provision as to the length of time the property must be held. Planner Camp said Frederick County Planning Commission Minutes of June 19, 2002 Page 888 -7 - the DRRS believed the amendment would tighten -up the procedure, eliminating some potential abuse, and overall, they believed it was a useful provision. Chairman DeHaven asked legal counsel, Mr. Jay Cook, if the definition of immediate family could be interpreted to include "in-law" relationships. Mr. Cook replied that the definition as stated would not include "in-law" relationships. In response to Commissioner Morris' previous question, Mr. Cook stated that the Virginia Code states that the family subdivision procedures cannot be used to circumvent the County's Subdivision Ordinance. Chairman DeHaven called for public comments, however, no one came forward to speak. Commission members believed the amendment as presented was appropriate. Upon motion made by Commissioner Unger and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, Article V, Rural Areas District, Section 165-54B, Family Division Lots, and Article XXII, Definitions. The proposed amendments are intended to identify qualifying family members for family division lots and to provide a supportive definition. PUBLIC MEETING Subdivision #12-02 of Kim and Marietta Walls Townhouses, submitted by Greenway Engineering, for the subdivision of a 0.79 -acre tract into six townhouse lots. This property is located at 909 North Loudoun Street and is identified with P.I.N. 54-A-50 in the Stonewall Magisterial District. Action - Recommended Approval Patrick Davenport, Zoning and Subdivision Administrator, presented the background information for the Commission. Administrator Davenport stated that the master development plan requirements have been waived for this project because of the small scope of the project. He also explained that the subject property is bisected by the corporate limits of Winchester and Frederick County with six townhouse units proposed for Frederick County and eight townhouse units proposed in Winchester. He noted that a Category A buffer is required to separate the zoning districts in the Frederick County portion of the property. Administrator Davenport requested that the Commission require the applicant to provide language in the subdivision plan and final plats for the townhouse development pertaining to the establishment and maintenance of the required 50' common shared buffer and screening easement. He also noted that staff is seeking administrative approval authority for the plan. Mr. Evan A. Wyatt of Greenway Engineering stated that while the property is bisected by the City/ County line, the Walls are attempting to create a "seamless" townhouse project. Mr. Wyatt said a site plan has been approved by both the City and the County for commercial development proposed for the project. He noted that more than the required amount of parking has been provided; they have also provided 20' Frederick County Planning Commission Minutes of June 19, 2002 Page 889 -8 - minimum lot frontages for the internal lots and 30' lot frontages for the external lots on the corners. He added that once the commercial development has occurred, an interparcel access connection will provide through - movement out to Rt. 11. Mr. Wyatt stated that the buffer and screening easement will be shown on all the plats. He added that language for the buffer and screening easement will be provided to staff for the condition of approval for the subdivision design pian. Commissioner Gochenour asked the applicant for an explanation of the City's street requirements for this subdivision. Mr. Wyatt explained that the City's requirement is that if a physical lot is created, it needs to abut a public street, however, there are instances, such as with townhouses, where the lot may encroach upon a private street system. He said this is not the norm for the City and there is no ordinance prohibiting it, but it is within their ability to approve, which they did. Mr. Wyatt said that Frederick County's subdivision ordinance permits duplexes, multiplexes, townhouses, apartments, and single-family small lot subdivisions to be served by private access drives, which in essence are parking lots, provided they are more than 500' from a state -maintained road. Mr. Wyatt believed there was not a street issue for Frederick County. Commissioner Straub inquired about buffering between the proposed townhouses and the existing apartments/ townhouses. Mr. Wyatt said that no landscape buffering is proposed; it is strictly a distance buffer. Commissioner Gochenour inquired if any of the existing trees would be saved. Mr. Wyatt replied that all the existing vegetation will be cleared for grading of the lots and parking; he pointed to an area on the map that is proposed for vegetative planting on the common side. He said there is a common shared buffer and screening easement between the units and the B2, which will be landscaped, and there will be parking lot landscaping provided in both the City and the County. Commissioner Morris inquired if City water and sewer was intended for the entire development. Mr. Wyatt replied yes. He said they had the ability to have water and sewer from the County through Star Fort, however, the issue was that the Star Fort line was only six inches. Mr. Wyatt said that this size line is not optimal for fire suppression; he said the City had an eight -inch water line and they requested service from them. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application # 12-02 of Kim and Marietta Walls Townhouses, submitted by Greenway Engineering, for the subdivision of a 0.79 -acre tract into six townhouse lots at 909 North Loudoun Street and to grant administrative approval authority to the Planning Staff for the subdivision design plan. Frederick County Planning Commission Minutes of June 19, 2002 Page 890 DISCUSSION ITEMS DISCUSSION ON A PROPOSED ORDINANCE AMENDMENT REGARDING SETBACKS ON EXISTING STRUCTURES (DWELLINGS) No Action Required Planner Jeremy F. Camp stated that the Development Review and Regulations Subcommittee (DRRS) has prepared a text amendment which would clarify setbacks for existing structures in the Rural Areas District. Planner Camp reviewed the existing and proposed requirements; he explained that the intent of Section 165-55C is to require a 50' setback from existing "dwellings" rather than existing "structures." Chairman DeHaven called for public comments, however, no one came forward to speak. No issues of concern were raised by the Commission and they believed the amendment as presented was appropriate. The Commission instructed staffto proceed with advertising for the public hearing of the amendment. DISCUSSION ON A PROPOSED ORDINANCE AMENDMENT REGARDING TELECOMMUNICATION TOWER SETBACKS AND WAIVERS No Action Required Planner Jeremy F. Camp stated that upon direction from the Planning Commission, the Development Review and Regulations Subcommittee (DRRS) prepared a draft text amendment to Section 165- 48.6, Commercial Telecommunication Facilities, to establish a minimum setback distance for commercial telecommunication towers when a setback waiver is requested, as well as a requirement for engineer certification when the requested setback is less than the tower height. Planner Camp said the amendments will provide clear guidelines for the Planning Commission and Board of Supervisors to follow when reviewing applications for a new commercial telecommunications tower. Commissioner Gochenour inquired if the amendment guarantees the tower will fall within the property on which the tower is located, if it collapses. Planner Camp replied that the amendment would require that an engineer prepare a certification that if the tower were to collapse, it would collapse within a defined area, which would be within the setback area. Chairman DeHaven called for public comments, however, no one came forward to speak. No issues of concern were raised by the Commission and they believed the amendment as presented was appropriate. The Commission instructed staffto proceed with advertising for the public hearing of the amendment. Frederick County Planning Commission Minutes of June 19, 2002 Page 891 -10 - PRELIMINARY DISCUSSION - DEPARTMENT WORK PRIORITIES Planning Director Eric R. Lawrence stated that each year, the Planning Department seeks guidance from the Board of Supervisors and the Planning Commission pertaining to the ranking of projects associated with the departmental work program. Director Lawrence presented a summary sheet describing work program items, identified by the staff and the Commission at their last retreat, as well as rating tables which identified long-range planning projects as well as current projects. Director Lawrence asked the Commission to provide a ranking for each identified project and return to the Planning Department by July 3, 2002. 2001 ANNUAL REPORT FOR THE FREDERICK COUNTY DEPARTMENT OF PLANNING & DEVELOPMENT Planning Director Eric R. Lawrence presented the 2001 Annual Report for the Department of Planning and Development. Director Lawrence stated that the Annual Report is a document intended to show what the department has been working on and accomplished during the 2001 calendar year. He said the report includes demographic data of Frederick County, describes the types of duties and applications processed by the Planning Department, and gives a breakdown on the numbers of applications, such as master plans, rezonings, subdivisions, site plans, etc., processed. Director Lawrence proceeded to point out some of the highlights of the report_ Chairman DeHaven inquired about the compilation for building permits reviewed; he asked if the zoning classifications for single-family, multi -family, and mobile home could be listed in the report. Director Lawrence believed the information could be provided. Commissioner Straub asked ifthe numbers in the school report included the mobile home desk space used at some locations. Director Lawrence replied that it did. OTHER SHERWOOD BRYANT REZONING Chairman DeHaven stated that the Planning Commission considered the Sherwood Bryant rezoning application at their previous meeting, on June 1, 2001, and the application was unanimously tabled for 60 days. Chairman DeHaven said that Mr. Bryant has since stated that he is ready for the Commission to reconsider his application before the 60 days has expired. Chairman DeHaven stated that he asked Planning Director Lawrence to place a reconsideration of that rezoning in the advertisement for the Commission's next meeting, scheduled for July 1, 2002. Chairman DeHaven asked the Commission members if they would be willing to reconsider Mr. Bryant's rezoning application at the Commission's next meeting or would the Commission rather wait the full 60 days. Frederick County Planning Commission Minutes of June 19, 2002 Page 892 -11 - The consensus ofthe Commission was to go ahead and have Mr. Bryant's rezoning application reconsidered at the Commission's July 1, 2002 meeting. Upon motion made by Commissioner Fisher and seconded by Commissioner Ours, the Commission unanimously voted to reconsider Mr. Sherwood Bryant's rezoning application at the Commission's July 1, 2002 meeting. "SAVE THE WATER" WORK SESSION SCHEDULED FOR JULY 10, 2002 Chairman DeHaven announced that the "Save the Water" work session is scheduled to take place on July 10, 2002 at 5:00 p.m. in the Board of Supervisors' meeting room and everyone is encouraged to attend. CORRECTION TO MAY 1, 2002 PLANNING COMMISSION MINUTES Commissioner Straub inquired about making a correction to the Planning Commission meeting minutes of May 1, 2002, which had already been approved by the Commission. Commissioner Straub wanted to include a question she had raised to the Sanitation Authority Director, Mr. H. Wellington Jones, and his response. Upon motion made by Commissioner Straub and seconded by Commissioner Morris, the Planning Commission unanimously agreed to amend the previously approved minutes of May 1, 2002 to include a question by Commissioner Straub and response by Sanitation Authority Director, H. Wellington Jones, regarding damage to the drainfield at Stonewall School. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:55 p.m. by a Respectfully submitted, Eric R. Lawrence, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of June 19, 2002 Page 893 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 July 1, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Robert Sager, Board of Supervisors' Liaison; and Vincent DiBenedetto, Winchester City Liaison. ABSENT: William C. Rosenberry, Shawnee District; Jay Cook, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Planning Director; Abbe Kennedy, Senior Planner; Jeremy F. Camp, Planner H; Patrick T. Davenport, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 06/27/02 Mtg. Commissioner Thomas reported that the DRRS continued their discussions on amendments to the woodlands disturbance ordinance. PUBLIC HEARING Rezoning #02-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 acres from RA (Rural Areas) to B2 (Business General) District. This property is located approximately 200 feet east of the intersection of Gore Road (Rt. 751) and Northwestern Pike (Rt. 50), on the south side of Northwestern Pike (Rt. 50), and is identified with Property Identification Number 28 -A -63C in the Back Frederick County Planning Commission Minutes of July 1, 2002 Page 894 IWM Creek District. (This item was tabled from the Commission's 06/05/02 meeting) Action - Recommended Denial Ms. Abbe Kennedy. Senior Planner, stated that in response to concerns raised during the Planning Commission meeting on June 5, 2002, the applicant has attempted to address the concerns in a revised proffer statement. She said the revised proffer statement provides for establishing a maximum sign height of 25 feet and limits access to the site from Rt. 750 for emergency vehicles only. Planner Kennedy stated that the applicant has not addressed the concerns expressed by the Commission regarding potentially inappropriate land uses that could result from a B2 rezoning in the Gore community. Mr. John Lewis, representing Mr. Sherwood Bryant, stated that this vacant 7.869 -acre parcel has approximately 10,000 vehicles per day traveling past it on Rt. 50. He said the parcel has a motel on one side and a bank on the other, a post office in front, a railroad right-of-way behind it, and two residential properties on the west. Mr. Lewis said that both he and Mr. Bryant believe the property is too valuable to remain vacant. He said it was his impression that the Commission was not opposed to the development of the property; however, it seemed that a type of "idealized" development was being sought. Mr. Lewis added that this was a speculative rezoning. He believed rezoning to B2 was prerequisite to the development of the parcel and the market economy should determine the uses that are viable for this site. Commissioner Morris asked Mr. Lewis if he had met with any of the residents in the Gore community. Mr. Lewis replied that he did not; however, the owner, Mr. Sherwood Bryant, met with some of the residents. Commissioner Triplett stated that he spoke with several of the Gore residents and they were concerned about the possibility of a used car lot on the parcel. Commissioner Triplett pointed out that this issue was raised at the previous meeting and no changes have been made to the applicant's proposal regarding this issue. Commissioner Straub inquired of Mr. Lewis if he would be agreeable to removing used car lots and/or any kind of service stations from his application. Mr. Lewis replied that they would not be agreeable to that; he believed the market should determine what use would be equitable here. (Commissioner Light arrived at this point of the meeting.) Commissioner Watt said that he has not received any negative comments from the residents on mini -storage, but he has received negative comments for a used car lot. Mr. Sherwood Bryant, the applicant, came forward to answer questions from the Commission. Commissioner Straub pointed out a crossover in front ofthe old post office and was concerned about the possibility of vehicles making "U-turns" to gain access to this property. Mr. Steve Melnikoff, of VDOT, said that VDOT's intentions are to locate an access roadway directly across from the crossover. Mr. Melnikoff said that an official site plan has not yet been submitted to VDOT for their comments. Frederick County Planning Commission Minutes of July 1, 2002 Page 895 -3 - Chairman DeHaven asked Mr. Melnikoffifthe emergency vehicle access only for Rt. 750 was acceptable to VDOT. Mr. Melnikoff replied that the access must be gated or locked so it would not be used daily and this would be acceptable to VDOT. Some Commission members pointed out the intention of a "Neighborhood Business Center" is to minimize the traffic traveling into a larger urban area to obtain services. It was also pointed out that in a rural area, gas stations are not only used to fill -up automobiles, but are used for fill -up of lawn mowers, tractors, and other equipment. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Arnold Anderson, resident across from the old post office, was concerned that a used car lot here would upset the quality of life in the area. Mr. Anderson was also concerned about other undesirable B2 uses that could possibly establish here, if the first use did not work out. Mr. Anderson was opposed to the rezoning. Mr. Edward Anderson, adjoining property owner, was not opposed to the property being rezoned to B2, but he was opposed to a used car lot. Mr. Charles Brill, adjoining property owner, believed that if someone purchases property and pays the land taxes yearly, he should theoretically have the right to do what he sees best for his land. Mr. Brill said that Gore has not been an attractive area along the roadway for a long time. He said the motel is already an eyesore and the lights from the new post office shine throughout the night. The Commission next discussed with Mr. Lewis the possibilities of limiting the number of vehicles or the area used to display vehicles, if a used car lot was established on the proposed lot. They also discussed setbacks and buffering for the site. Mr. Lewis said that he would be agreeable to designating a 10 to 15 -foot setback, however, visibility was needed from Rt. 50. Commissioners pointed out that the site only has 86 feet of road frontage, which will need to accommodate an access road, thereby limiting the number of vehicles that could be displayed in front, if the B2 rezoning resulted in a used car lot use. A motion was made by Commissioner Thomas and seconded by Commissioner Ours to approve the rezoning with the proffers submitted. This motion was defeated, however, by the following vote: YES (TO APPROVE): DeHaven, Thomas, Ours, Fisher NO: Straub, Gochenour, Watt, Morris, Unger, Kriz, Triplett ABSTAIN: Light (Note: Commissioner Light said that he would abstain from voting because he was not present for the entire discussion.) Upon motion made by Commissioner Watt and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of the Frederick County Planning Commission Minutes of July 1, 2002 Page 896 -4 - Rezoning #02-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 acres from RA (Rural Areas) to B2 (Business General) District. This property is located approximately 200 feet east of the intersection of Gore Road (Rt. 75 1) and Northwestern Pike (Rt. 50), on the south side of Northwestern Pike (Rt. 50), and is identified with P.I.N. 28 -A -63C in the Back Creek Magisterial District. This recommendation of denial was passed by the following majority vote: YES (TO DENY): Straub, Gochenour, Watt, Morris, Kriz, Triplett NO: Unger, DeHaven, Thomas, Ours, Fisher ABSTAIN: Light (Note: Commissioner Light said that he would abstain from voting because he was not present for the entire discussion.) Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc. to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north of Rt. 7, and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with P.I.N.s 55 -A -105,55-A-106, and 55-A-107 in the Stonewall Magisterial District. (This item was previously heard by the Commission on June 5, 2002.) Action - Recommended Approval Mr. Eric R. Lawrence, Planning Director, provided the Commission with VDOT's latest response to the proposed application. Director Lawrence stated that this item was previously heard at the Commission's June 5, 2002 meeting; however, there were questions about whether the subject site was properly posted to inform the public of the rezoning hearing. He said the Planning Staff has since confirmed that the subject site was not properly posted and staff was directed by the County Administrator to return the rezoning application to the Planning Commission in order to fulfill the public notice requirements. Director Lawrence stated that the applicant has submitted a revised proffer statement to address concerns raised by the staff, VDOT, the Planning Commission, and citizens during the June 5, 2002 public hearing. Director Lawrence reviewed all the proffers with the Commission; the latest revisions addressed in the proffer statement included: 1) the applicant will conduct necessary improvements to address sight distance concerns at Morgans Mill Road and the proposed minor collector road; 2) the applicant will enter into a signalization agreement for a possible traffic signal at the proposed minor collector road and Woods Mill Road; 3) the applicant will limit the number of private driveway entrances onto the proposed minor collector road; 4) the stream preservation parcel will be held by the property owner until such time as an appropriate management party is identified and approved -by the Board of Supervisors; 5) the applicant will work with the Shenandoah Valley Battlefields Foundation to establish a viewshed protection plan along Route 7; and, 6) the applicant will prohibit private entrances on Morgans Mill and Woods Mill Roads, and will work with the County to establish viewshed protection plan for the roads. Frederick County Planning Commission Minutes of July 1, 2002 Page 897 -5 - Mr. Charles W. Maddox, Jr., of G. W. Clifford & Associates, Inc. was present to represent the owners, Patrick A. McTieman and Thomas M. McTiernan. Mr. Maddox stated that they are proposing substantial transportation improvements completely funded by private capital. He described a system of improvements for the Woods Mill Road connection with Rt. 7, which included right -turn lanes, a signalized intersection at Rt. 7 westbound, improved ramps and extended transitions, and the replacement ofthe crossover at Blue Ridge Mobile Home Park with a right -turn lane. Mr. Maddox read a statement received from VDOT indicating that VDOT was satisfied with the transportation proffers except for the fact that they were opposed to private -entrance access directly onto major and minor collector roadways. Mr. Maddox noted that the applicant has proffered to limit the number of private driveway entrances onto the proposed minor collector road and to prohibit private entrances on Woods Mill Road and Morgans Mill Road. Mr. Maddox next spoke with the Commission about considering the elimination of the Rt. 7/ Rt. 656 crossover because of the difficulty, from an engineering standpoint, of satisfactorily improving it; he noted other alternative accesses that could be used in lieu of this one. Mr. Maddox continued, describing the other newly proffered conditions for the Commission. Commissioner Gochenour raised the issue that service costs per household far exceeded the revenue that would be received, resulting in a negative impact. She was concerned that infrastructure, especially for schools, was not available to serve the additional residents. Commissioner Fisher asked for additional details concerning the preservation casement. Mr. Maddox explained that the preservation easement will be maintained as a separate parcel by the owner; it has frontage on both Woods Mill and Morgans Mill Roads. He said there were a number of individuals who were interested in maintaining easements and a corridor along the stream, but the concept is only in the initial stages. He guaranteed they will not develop the area and will maintain it in its present state. Commissioner Unger asked if the ownership of the preservation easement would be transferred to the homeowners or another organization. Mr. Maddox replied that the 28.4 -acre fee simple parcel can be transferred to Parks and Recreation, or another type of agency, but it would not be a part of the property owners' association. Commissioner Thomas inquired about a time frame for the signalization of Woods Mill Road and the Rt. 7 crossover. Mr. Maddox replied that the proffer would be clarified to state that signalization of that intersection will occur as part of the Phase I bonding. Commissioner Straub voiced her concern about the impact of increased residential development on the school system. She also expressed concern about the ability of the proposed minor collector road to handle the traffic that would be generated by a new school. Mr. Steve Melnikoffwith VDOT commented that the vast majority of improvements proposed for Rt. 7 and Woods Mill Road are satisfactory; however, there are still some areas of concern, particularly the elimination of private accesses on Rt. 7, Morgans Mill Road (Rt. 656), and Woods Mill Road (Rt. 660). Commission members asked Mr. Melnikoffif additional traffic analysis, particularly at the master plan stage, could affect VDOT's recommendation on the minor collector access issue. Mr. Melnikoff replied there was the possibility that some of the proposed transportation improvements would relieve pressure on the minor collector, however, based on their analysis to date, they have reservations. He added that there was no reason why their concerns could not be more appropriately addressed at the master plan stage when additional traffic analysis have been completed. Commissioner Morris inquired of Mr. Melnikoffifthe traffic situation in this entire area might Frederick County Planning Commission Minutes of July 1, 2002 Page 898 9r'm not be significantly improved over current conditions by the transportation improvements proffered by the developer. Mr. Melnikoff replied that VDOT has been working with the developer's engineer for well over a year and a half and have studied the area in great detail. He said that the proposals will soften the on/off ramp grades at the Rt. 7/ 660 intersection and the traffic signal will better direct traffic; however, the changes will slow the westbound traffic overall. Commissioner Morris could not foresee any of these improvements being made, in light of VDOT's financial situation with State funding, without the private money that developers would supply to accomplish it. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres, identified with P.I.N.s 55-A-105, 55-A-106, and 55-A-107, from RA (Rural Areas) to RP (Residential Performance) District with proffers submitted by the applicant_ The motion was passed by the following majority vote: YES (TO APPROVE): Watt, Morris, Unger, Light, Thomas, Ours, Kriz, Fisher, Triplett NO: Straub, Gochenour, DeHaven Rezoning Application #07-02 of Doris F. Casey, submitted by Greenway Engineering, to rezone 27 acres from RA (Rural Areas) to RP (Residential Performance); and 3.31 acres from RA (Rural Areas) to B2 (Business General) District. This property is located approximately 800' north of the intersection of Front Royal Pike (Rt. 522) and Paper Mill Road (Rt. 644) and is identified with P.I.N. 64-A-23 in the Shawnee Magisterial District. Action - Tabled Ms. Abbe Kennedy, Senior Planner, reported that the significant review agency comments were from the Public Schools System, who advised that the cumulative impact of this project and others of a similar nature will necessitate the future construction of additional school facilities, and from the Parks and Recreation Department, who advised that the proffer proposed was less than adequate to meet 50% of the impact the County has projected this development will have on parks and recreation. She reported that the site is within the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), and the Comprehensive Policy Plan identifies the property as part of the Southern Frederick Land Use Plan. Ms. Kennedy next reviewed the proffers submitted by the applicant; she also reviewed issues that the Planning Staff believed needed to be addressed to improve the application. Mr. Mark Smith with Greenway Engineering was present to represent the owner, Ms. Doris F. Casey. Mr. Smith said that Shenandoah Memorial Park, Inc., the adjoining property owners, had first right of refusal on the Casey property, which they declined on the offer to purchase. Mr. Smith stated that no Frederick County Planning Commission Minutes of July 1, 2002 Page 899 -7 - connection is planned to Papermill Road (Rt. 644); the primary entrance is Rt. 522; and a connection to Westwood Drive (Rt. 822) through the Swisher property will occur after improvements are made to Westwood. He commented that in light of the pending improved corridor standards, they have set the B2 parking area back 20' from Rt. 522 and are proposing monument -type signs not exceeding 10' in height between Rt. 522 and the parking lot areas. Regarding the comment from the Parks and Recreation Department, Mr. Smith explained that the Capital Facilities Impact Model indicated a positive impact from this development because of the B2/RP Zoning. He explained that in light of the fact that the B2 area will not be built first, $40,000 total has been proffered and divided between the schools, parks and recreation, and emergency services. Commissioners had concerns about residents having to drive through the middle ofthe B2 area to get to their residences. Commissioners also suggested that the applicant consider limiting the neighborhood transition area to B 1 uses only, or eliminating the intensive uses allowed in the B2. They pointed out that some commercial uses may not be compatible with respect to the adjoining cemetery. Commissioner Gochenour believed that infrastructure services were not in place to serve the proposed development. Chairman DeHaven inquired about buffering against the cemetery property. Mr. Smith said some landscaping exists for the cemetery's office and maintenance buildings. Mr. Smith could see no problems with placing additional buffering and screening. Chairman DeHaven called for public continents and the following persons came forward to speak: Mr. Robert Van stated that he and Ms. Ann S. Cross live next door to the proposed development and their property is bordered on three sides by the Doris Casey property. Mr. Van said the Casey property has a 17' right-of-way on the north side of their property which is primarily used for power lines. Mr. Van said there is a large area adjoining their property which is a permanent drainage easement and when it rains, it gets quite deep. He was concerned about establishing commercial uses in this area and how it would affect the drainage onto his property. In addition, Mr. Van was concerned about the compatibility of some business uses with the cemetery, especially since Patsy Cline is buried in this cemetery. Furthermore, Mr. Van pointed out the excessive amount of traffic on Rt. 522 South next to I-81 and he believed this was the busiest north/south corridor south of Winchester. He said that in addition, there are numerous driveways and side roads coming out onto Rt. 522. Mr. Van was concerned about adding additional traffic to this situation. In conclusion, Mr. Van strongly urged the Commission to prohibit the use of the Casey's 17' right-of-way strip for construction vehicle access. Mr. Michael Brooks, a resident on Westwood Drive, stated that there are about 14 residences on Westwood Drive. Mr. Brooks said VDOT had already made improvements to Westwood Drive when water and sewer was installed. Mr. Brooks reported that only five or six of his neighbors received letters notifying them of the public hearing; he wondered why over half of the neighbors did not get letters, especially if Westwood Drive was to become the access road to the proposed development. Ms. Brenda Dodd, a resident on 155 Westwood Drive, was concerned about increased traffic on Westwood Drive; she was concerned about adding additional traffic on Rt. 522 South, and she had concerns about maintaining the integrity of the cemetery. She did not want to see children from the proposed development using the cemetery as a playground. She also had questions about a proposed 50' right-of-way Frederick County Planning Commission Minutes of July 1, 2002 Page 900 -8 - on Westwood Drive, mentioned by Mr. Smith. Ms. Barbara L. Midkiff, resident at 179 Westwood Drive, also had questions concerning Mr. Smith's proposed 50' right-of-way. Ms. Midkiff was opposed to using Westwood Drive as the proposed access l,eea,, gP it -»1d nlicrv!tnt the gim1ity of 1ifP of their neip borhood. Ms. Judy Morrison, a resident on Westwood Drive, said she regretted that she and others in her neighborhood did not receive a letter of notification ofthe public hearing; she said the residents could have come more prepared with information they are concerned with. In addition to traffic concerns, Ms. Morrison was concerned about maintaining the integrity of the cemetery, especially since Patsy Cline was buried here. She was concerned that infrastructure services were not in place to take care of additional homes and costs associated with additional homes would become the burden oftaxpayers. Additionally, she was also concerned water runoff and flooding. Mr. Robert Sager, Board of Supervisors' Liaison to the Commission, requested that the applicant prepare an alternative access with Papermill Road (Rt. 644) for consideration. In addition, Commissioners voiced their objection to having a "cut -through," nor did they want to see a single access to residential development. They concurred that the applicant could become more creative with the inter -parcel design to discourage the cut -through. It was Commissioner Light's opinion that neither B I nor B2 should be established here because it would disrupt the flow of the residential neighborhood and negatively impact the funeral/ cemetery area. Commissioner Light recognized the traffic congestion currently in the area and he also believed the drainage could be better controlled if the proposal was for all residential. Other Commissioners agreed, noting that other existing retail areas are only ten minutes away. Commission members were also of the opinion that since modifications were planned for Westwood Drive, the property owners along that road needed to be properly notified. Commissioner Fisher commented that he would like to see one of the committees study the issue of RP Zoning abutting RA to address some of the issues raised by concerned citizens this evening. Upon motion made by Commissioner Moms and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Application #07-02 of Doris F. Casey, to allow Greenway Engineering additional time to revise their proposal to address the concerns raised. In order to facilitate this, the Commission waived the time restraints for the applicant. Proposed amendments to the Frederick County Zoning Ordinance, Article XX, pertaining to the Regulation of Nonconforming Uses, Structures, and Signs, Sections 165-148,165-149,165-150,165-152, 165-153; and Chapter 165-156, Definitions. Action - Recommended Approval Mr. Jeremy F. Camp, Planner II, reported that the Development Review and Regulations Subcommittee (DRRS) and the staff have prepared several text amendments to the Frederick County Zoning Ordinance dealing with the requirements governing nonconforming uses. Mr. Camp said that if approved, these Frederick County Planning Commission Minutes of July 1, 2002 Page 901 amendments would provide the ability to require that nonconforming uses be gradually brought into current design standards when expansion is sought. He said the DRRS unanimously recommended approval of the proposed amendments during their March 2002 meeting; he also pointed out that both the Commission and Board of Supervisors had an opportunity to discuss the amendments at their May 1, 2002 meeting and May 22, 2002 meetings, respectively. Chairman DeHaven called for public comments, however, there were none. The Commission had no questions for staff and believed the amendments as presented were appropriate. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the amendments to the Frederick County Zoning Ordinance, Article XX, pertaining to the Regulation of Nonconforming Uses, Structures, and Signs, Sections 165-148, 165-149, 165-150, 165-152, 165-153; and Chapter 165-156, Definitions, as presented. Request for a waiver of the requirements of the Frederick County Code, Chapter 144-17(G)l, Cul-de- sacs, submitted by Bowman Consulting on behalf of Ms. Katherine P. Weber, to waive the maximum cul- de-sac length of 1,000 feet to enable a cul-de-sac length of 1,300 feet. This property is located on the west side of Front Royal Pike (Rt. 522), approximately 450 feet south of Oak Side Lane and is identified with P.I.N. 53-A-53 in the Stonewall Magisterial District. Action - Denied Mr. Patrick T. Davenport, Zoning and Subdivision Administrator, reported that Mr. David L. Frank of Bowman Consulting Group is proposing a residential subdivision in the undeveloped RP -zoned portion of an 11 -acre parcel owned by Katherine P. Weber. Administrator Davenport referenced an exhibit illustrating the proposed residential subdivision street which would serve no more than 25 single-family detached lots on a cul-de-sac length of no longer than 1,300'. He noted that the subject property contains approximately 330' ofroad frontage along North Frederick Pike (Rt. 522) and is approximately 1,300' in depth; the B2 portion of the property extends approximately 300' from North Frederick Pike toward the interior of the property. Administrator Davenport reported that the applicant has indicated that no other options are possible which would connect this proposed street to other streets on adjoining properties; and, due to the relatively narrow rectangular shape of the property, construction of a loop road is not practical. Administrator Davenport advised that a master development plan would be required to develop this property in the proposed manner. He said that Mr. Frank is seeking Planning Commission approval for the proposed cul-de-sac length before proceeding with detailed development plans. Administrator Davenport also brought the Commission's attention to the comment sheet from the Department of Fire & Rescue, in which no objections were raised to the request. Mr. David L. Frank, who was representing the contract owner, Sovereign Homes, came forward to answer questions from the Commission. Frederick County Planning Commission Minutes of July 1, 2002 Page 902 -10 - Commissioner Triplett inquired if blasting and drilling would take place; he was concerned about damage that may occur to adjoining residential private wells. Commissioner Thomas asked for the length -to -width ratio of the proposed lots. Mr. Frank replied the proposed lot width is 60' and the proposed lot length is 150'. Commission members were opposed to placing a house on such a narrow lot; they mentioned safety issues and the ability of fire and rescue services to access the lots properly. They also voiced concern about the ability to place a house that would be aesthetically pleasing. Mr. Frank stated that the layout before the Commission is for cluster development, however, they do have other layouts with 80' lots; he suggested that the lot configuration be addressed at the master development plan stage. Mr. Frank said he was seeking the extra 150' to bypass the 300'-B2 portion in the front of the property. In addition, he said there were some existing buffer yards surrounding the B2 which further pushed back the beginning of the residential portion. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Jeffrey Less, property owner adjoining the B2 area, stated that the proposed development area consists of woods and rock and, he believed, considerable blasting would be required to develop the property. Mr. Less said that both he and his neighbor, Mr. Peacemaker, are on wells and they were concerned about the impacts of drilling and dynamiting on their wells and groundwater. He explained that the proposed business area will adjoin all three of the existing residential properties and the road that serves these three residential properties is an easement granted in their deeds. Mr. Less said the easement is not state -maintained; it is maintained by the three adjoining property owners. In addition, he believed the development would destroy a wildlife habitat. Mr. Wayne Peacemaker, adjoining residential property owner, said his biggest concern was possible damage to his well because it is only 105' deep. Mr. Peacemaker said that the limestone outcroppings are extensive on the property under consideration and would require considerable blasting to develop. Mr. Russell Hyde, adjoining residential property owner, also used awell and septic. Mr. Hyde stated that when the apartments were constructed, the blasting would shake his home. He said that damage to his well is a concern; in addition, he was concerned about surface water runoff. Ms. Coleen Unger, adjoining residential property owner, said that the lot under consideration is an eyesore. She was in favor of developing the property in order to clean it up. Mr. Frank returned to the podium and stated that before blasting occurs, contractors will conduct preliminary surveys of any adjacent properties within 200' and they also carry insurance, if anything was damaged due to the blasting. Commissioners were not in favor of the narrow -sized lots proposed that would necessitate the need for a waiver to the cul-de-sac length requirements. Commissioners noted that the length of the cul-de-sac was a concern for emergency vehicle access and the narrowness of the lots was a concern for housing construction. The concerns of the neighbors, regarding impacts to wells, was also considered. Frederick County Planning Commission Minutes of July 1, 2002 Page 903 son Upon motion made by Commissioner Light and seconded by Commissioner Morns, BE 1T RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny the request for a waiver of the requirements of the Frederick County Code, Chapter 144-17(G)1, Cul-de-sacs, submitted by Bowman Consulting to waive the maximum cul-de-sac length of 1,000 feet. OTHER July 17, 2002 Planning Commission Worksession Chairman DeHaven announced that no action items were anticipated for the Commission's regularly scheduled meeting on July 17, 2002. Chairman DeHaven suggested an informal worksession. A discussion on the overall planning processes, for example, the intent of the Comprehensive Plan, the intent of development review, how the Urban Development Area was decided upon, the master development plan process; how the Commission can better conduct business at public meetings, etc. was agreed upon. ADJOURNMENT unanimous vote_ No further business remained to be discussed and the meeting adjourned at 10:45 p.m. by a Respectfully submitted, Eric R. Lawrence, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of July 1, 2002 Page 904 REZONING APPLICATION #07-02 DORIS F. CASEY Staff Report for the Planning Commission Prepared: August 8, 2002 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. PROPOSAL: • To rezone 3 0.3 1 acres from the RA (Rural Areas) zoning district to RP (Residential Performance) District. LOCATION: This property is located west on Route 522 (Front Royal Pike), approximately 800 ft. north of the intersection of Route 522 and Route 644 (Paper Mill Road). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-23 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural and Nonconforming Commercial (Shenandoah Florist) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Zoning District Use: Agricultural RP (Residential Performance) Zoning District Residential South: RA (Rural Areas) Zoning District Use: Cemetery B2 (Business General) Zoning District Funeral Parlor Reviewed Action Planning Commission: 07/01/02 Tabled Planning Commission: 08/21/02 Pending Board of Supervisors: 09/11/02 (Tentative) PROPOSAL: • To rezone 3 0.3 1 acres from the RA (Rural Areas) zoning district to RP (Residential Performance) District. LOCATION: This property is located west on Route 522 (Front Royal Pike), approximately 800 ft. north of the intersection of Route 522 and Route 644 (Paper Mill Road). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-23 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural and Nonconforming Commercial (Shenandoah Florist) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Zoning District Use: Agricultural RP (Residential Performance) Zoning District Residential South: RA (Rural Areas) Zoning District Use: Cemetery B2 (Business General) Zoning District Funeral Parlor REZ #07-02, Doris F. Casey Page 2 August 8, 2002 East: B2 (Business General District) Zoning District Use: Commercial RA (Rural Areas) Zoning District Residential West: RA (Rural Areas) Zoning District Use: Agriculture PROPOSED USE: 70 Single Family Detached Urban 12,000 SF lots REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have significant measurable impact on Routes 522 and 822. Routes 522 and 822 are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Doris F. Casey property rezoning application dated May 9, 2002 (revised) 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 ITE Trip Generation Manual, Sixth Edition, fc 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: Recommendation: Residential sprinkler system. Additional comment: Extension of municipal water for fire fighting. Plan approval recommended. Millwood Station Volunteer Fire & Rescue: Normal proffer model for fire/rescue/residential. Frederick County Department of Inspections: No comment required at this time; will comment at the time of site plan or subdivision plan. County Engineer: We have no comments at this time. We reserve the right to perform a detailed review at the time of the submission of the site plan and subdivision plans. Historic Resources Advisory Board: Upon review of the Casey property rezoning, it appears that the proposal does not significantly impact historic properties. No comments on this rezoning request. Sanitation Authority: Water and sewer are available to this site. There is adequate capacity. Frederick County Public Schools: Based on the information provided, it is anticipated that the 70 ne residences will yield 35 new students to be served by Frederick County Public Schools. Residential growth in this portion of Frederick County has resulted in the schools serving this area having student REZ #07-02, Doris F. Casey Page 3 August 8, 2002 enrollment near or exceeding their design capacity. The cumulative impact of this project, and others of a similar nature, will necessitate the future construction of new school facilities to accommodate increased student enrollment. The impact ofthis rezoning on current and future school needs should be considered during the application process. Frederick County Department of Parks and Recreation: The $600/lot proffer proposed for Parks and Recreation is adequate to meet 50% of the impact the county has projected this development will have on parks and recreation. County Attorney: The proffer statement appears to be in proper form. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (USGS Winchester, VA Quadrangle) depicts the zoning of the subject parcel as R-1 (Residential Limited) District. During the comprehensive down -zoning of October 10, 1980, parcel 63 A 23 was changed from R-1 to A-2. On Feb. 14, 1990, the A-2 and A-1 were modified to the R -A zoning classification. 2) Location The proposed site is located west of Route 522 (Front Royal Pike), approximately 800 ft. north of the intersection of Route 522 and Route 644 (Paper Mill Road). 3) Comprehensive Polices The subject property is included in the Southern Frederick Land Use Plan, a study within the County's 2000 Comprehensive Policy Plan. The Plan does not specifically identify the future land use for this site. The subject property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Urban Development Area (UDA) is intended to accommodate suburban residential development. The subject site also has road frontage on Routes 522 and 644. Route 522 is classified as a minor arterial and Route 644 is major collector road according to the VDOT functional classifications. 4) Site Suitability Environmental Features The entire site is located as "Zone C" area outside the 100 -year flood plain. The site does not contain areas of steep slopes or woodlands as defined by the Frederick County Zoning Ordinance. REZ #07-02, Doris F. Casey Page 4 August 8, 2002 The soil types located on maps 63 and 64 show that 77.5% of the site is 9B,Clearbrook Channery silt loam, typically having a high water table and depth to bedrock, limiting this soil for community development; 22% of the site is 3B, Blairton Silt loam, identified soils as prime farmland, well-suited to cultivated crops, hay and pasture, and tree productivity. Seasonal high water table and depth to bedrock and potential frost action are the main limitations to use of soil for community development; and .5% of the site is 41D, Weikert-Berbs Channery silt loam, poorly suited to hay and pasture. There are approximately .35 acres of wetlands present on the site. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. Access The site has a manmade boundary created by Route 522 (Front Royal Pike) on the eastern edge of the tract and Route 644 (Paper Mill Rd) on the western edge of the tract. One entrance is proposed on Route 522 to provide access to the residential property. A connection to Westwood Drive is proposed to occur form the residential property through the Swisher parcel. Access to Route 644 (Paper Mill Road) is not proposed due to traffic flow concerns identified by VDOT 5) Potential Impacts & Issues a.) Transportation Impact Analysis Statement For the proposed 30.31 acre property to be rezoned from RA to RP, the access will be on Route 522, Analysis of the residential land use indicates a worst-case scenario impact to Route 522 as follows: Existing Traffic on Route 522 = 10,000 VPD (Based on the 2000 VDOT Average Daily Traffic Volumes Manual) Average Vehicle Trips = 9.57 VPD Projected Traffic Increase =670 VPD Percentage of increase to the traffic pattern of Route 522 = 6.7% The complete build out of this project will increase the traffic on Route 522 by 6.7% of the year 2000 VPD. Route 522 is a five -lane major arterial road with two travel lanes in each direction and a center turn lane to facilitate left turn movements. The increase in traffic volume from this rezoning proposal can be accommodated by this road facility. REZ #07-02, Doris F. Casey Page 5 August 8, 2002 Review Agency Comment VDOT concurs with the transportation analysis offered in the rezoning application. Staff Comment The primary access for the 70 -single-family lots will be provided through the extension of a state road constructed from Route 522. This proposed state road will not have a connection with Papermill Road. The applicant has indicated that a road connection to Westwood Drive (Route 822) on the Swisher property, P.I.N. 64-A-20 will be provided to the subject property. If access is acquired, pavement widening on the existing portion of Westwood Drive to Route 522 will be paid for and installed by the applicant in the dimensional widths as directed by VDOT, when the connection to Westwood Drive through the Swisher property occurs. There have been numerous comments of concern by property owners in the adjoining development along Westwood Drive. There are concerns regarding the widening of their street, drainage concerns, and concern of the impacts of the potential future development of the R2 Swisher parcel the Casey parcel and their neighborhood adjoins. The applicant has provided a number of transportation related proffered conditions. These conditions are reviewed in the Section 6 of this report. b.) Water &t Sewer Impact Analysis Statement There will be public water and sewer serving the site. An existing eight -inch sewer main is currently in place on the west side of Route 522. The proposed sanitary sewer system will run along the north boundary of the property in a west -to -east flow pattern, towards the existing main. It will then be connected to the main in accordance with the Frederick County Sanitation Authority regulations. An eight -inch water main is currently in place on the west side of Route 522 and is available to service the site. The impact of rezoning the 30.31 -acre parcel from RA to RP on sewage conveyance is based on a development schedule of 70 dwellings. At an estimated 275 gpd, the build -out impact on sewage conveyance would be 19,250 gpd. These figures are based on the Frederick County Sanitation Authority's Water and Sewer Standards and Specifications. REZ #07-02, Doris F. Casey Page 6 August 8, 2002 Review Agency Comments There is an adequate capacity of sewer and water available to this site. Staff Comments The applicant's discussions with the Frederick County Sanitation Authority indicate adequate capacities in the water and sewer transmission lines, adequate capacity at the water and sewer treatment facilities, and adequate water supply resources to serve the proposed project. The FCSA comment dated March 19, 2002, states that water and sewer are available to the site and that there is adequate capacity. c.) Solid Waste Disposal Impact Analysis Statement The impact on solid waste disposal facilities is based on an average annual per household consumption of landfill volume figure of 5.4 cubic yards. Based on the proffered density of 70 dwellings at 5.4 Cu. Yd. per dwelling the daily volume = 378 Cu. Yd. Staff Comments Staff feels the applicant has adequately addressed the impact of solid waste. d.) Historical Sites and Structures Impact Analysis Statement The applicant noted the Virginia Division of Historic Landmarks showed the Duncan Farmhouse and the Evandale School in the vicinity ofthe subject site. The Winchester Regional Preservation Office Department of Historic Resources said there were no archeological artifacts found on the site. Review Agency Comments A response letter dated February 6, 2002, states that the Doris F. Casey property does not significantly impact any historic properties. Staff Comments Staff feels the applicant has adequately addressed the impact to historic structures. REZ #07-02, Doris F. Casey Page 7 August 8, 2002 6) Proffer Statement The applicant has submitted a proffered condition statement, signed by the property owners, that provides the following: • Limit the total lots for the RP acreage to 70 single family lots. • Restrict the 70single-family dwellings to SF Detached Urban, 12,000 SF lots, and prohibit all other housing types allowed in Section 165-65. • The applicant proffers to install a turn lane at the primary entrance on US Route 522, if warranted by VDOT. • The applicant proffers to dedicate right-of-way to the Commonwealth of Virginia adjacent to the property on US Rt. 522 and Rt. 644 as determined by VDOT. • A connection to Westwood Drive (Route 822) onto the Swisher property (P.I.N. 64-A-20 and 21) will be provided to the subject property. Pavement widening on the existing portion of Westwood Drive to Route 522 will be installed by the applicant in the dimensional widths as directed by VDOT. These improvements will be installed when the connection to Westwood Drive through the Swisher property occurs. The applicant proffers to develop the 30.31 -acre property in substantial conformance with the General Development Plan approved as part of the rezoning application. The General Development Plan is intended to delineate the road systems that will serve the 70 single-family lots and the connection to Westwood Drive through the Swisher property. Provide a 50 -foot buffer along the entire southernproperty line against the Shenandoah Memorial Park. An earth berm with a single row of evergreen trees planted on 10 -foot centers will be developed within the first 25 feet closest to the Shenandoah Memorial Park property. A 10 -foot non-exclusive easement will be provided within the remaining portion of the 50 -foot buffer for the future development of a bicycle and pedestrian facility by others. Provide a 10 -foot non-exclusive easement for the future development of a bicycle and pedestrian facility by others within the established road efficiency buffer along Papermill Road (Route 644). The applicant has offered the following monetary contributions to offset the impact of development: a. $700/lot to offset the impact to Frederick County Fire and Rescue b. $600/lot to Frederick County Parks and Recreation c. $3,600/lot for Frederick County Public Schools d. $210/lot for Frederick County Library e. $120/lot for Frederick County Sheriff's Office REZ #07-02, Doris F. Casey Page 8 August 8, 2002 £ $245/lot for Frederick County Administration Building This payment, totaling $5,475/lot, is intended to offset additional costs to Frederick County due to the increased demand on public services and will be paid at the time of issuance of the building permit. PLANNING COMMISSION SUMMARY & ACTION OF 07/01/02 MEETING The original rezoning Application #07-02 ofDoris Casey, submitted by Greenway Engineering to rezone 27 acres from RA (Rural Areas) to RP; and 3.31 acres from RA to B2 carne before the Planning Commission on July 1, 2002. The Planning Commission tabled the action and waived time restraints to allow Greenway Engineering to address the concerns raised and to revise their proposal. At the July 1, 2002 meeting, comments from Frederick County Parks and Recreation noted that the impact of this development was not adequately mitigated. Comments from Frederick County Public Schools advised that the cumulative impact of this project and others of a similar nature will necessitate the future construction of additional school facilities. In regards to the comments from Parks and Recreation Department, Mr. Mark Smith of Greenway Engineering explained that the Capital Facilitie Impact Model indicated a positive impact from this development because of the B2/RP zoning. Planning commissioners had concerns about residents having to drive through the middle of the B2 area to get to their residences, and suggested limiting the neighborhood transition area to B1, or eliminating the intensive uses allowed in B2. They pointed out that some commercial uses may not be compatible with respect to the adjoining cemetery. Chairman DeHaven inquired about buffering against the cemetery property, and Mr. Smith could see no problems with placing additional buffering and screening. Five area residents came forward with public comments. Adjacent landowners were concerned about numerous issues. One issue was the concern about the compatibility of business uses with the cemetery, especially since Patsy Cline is buried in this cemetery. Maintaining the integrity ofthe adjoining cemetery was emphatically stated by three citizens. Neighborhood residents of Westwood Drive felt further improvements to Westwood Drive to accommodate future developments would disrupt the quality of life in their neighborhood. Neighboring residents of Westwood Drive who were not adjoiners to the Doris Casey property, expressed disappointment that they were not notified of the public hearing. Other expressed concerns were water runoff and flooding. Planning Commission members requested that the applicant become more creative with the inter -parcel design. Commissioner Light recognized the traffic congestion currently in the area, and believed the drainage could be better controlled if the proposal were all residential. He also felt B 1 or B2 would disrupt the flow of the residential neighborhood and negatively impact the funeral/cemetery area. REZ #107-02, Doris F. Casey Page 9 August 8, 2002 UPDATE SINCE PLANNING COMMISSION MEETING ON 07/01/02 In response to concerns raised during the Planning Commission meeting on July 1, 2002, the applicant has attempted to address the concerns in a revised general development plan and proffer statement. This revised proffer statement provides for a residential use restriction for 70 single family detached urban lots, no commercial rezoning request, a 50 -foot buffer along the entire southern property line against the Shenandoah Memorial Park, with an earthen berm and evergreen screening. The revised general development plan is intended to delineate the road systems that serve the 70 single-family lots and the connection to Westwood Drive. Revised monetary contributions to offset the impact of development to Frederick County are included. STAFF CONCLUSIONS FOR 08/21/02 PLANNING COMMISSION MEETING The revised application for the rezoning of the Doris Casey property appropriately meets county requirements and has addressed many concerns of the Planning Commissioners, public continent, and staff. The subject parcel is located within the UDA and the SWSA. The Urban Development Area (UDA) is intended to accommodate suburban residential development. After any further concerns of the Planning Commission are addressed, staff suggests that a recommendation to the Board of Supervisors would be appropriate. The applicant should be prepared to address any concerns raised in this report, as well as the concerns raised by the Planning Commission and the Board of Supervisors. O-\Agendas\COMMENTS\REZONING\Staff Report\2002\Doris Casey2.wpd OUTPUT MODULE Revenue- Cost Balance Net Capital ilitie3 Impact Net Cost Per Dw Ilin Unit $0 $0 APPLICANT: 64-A-23 $644 Net Fiscal Impact $205,545 $529,975 $7,571 LAND USE TYPE Doris Casey RE Costs of Impact Credit: $1,288 $5,224 Credits -to bQ Take REAL EST VAL $9,177,000 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 6 CCapital Fa iltiies col sum only) OperCapEquip_ Expend/Debt S._ Taxes, Other Fire and Rescue Department $45,095 $0 $364,985 $260,941 $689,148 Elementary Schools $300,138 $0 $_0 so Middle Schools $176,554 $9,845 $49,109 $238,393 High Schools $258,828 Parks and Recreation $107,450 $24,216 Public Library $18,680 $5,224 Sheriffs Offices $11,056 $9,059 $0 $2,258 Administration Building $14,188 $0 Other Miscellaneous Facilities $18,101 $17,455 $19,272 SUBTOTAL $950,090 $75,623 $257,665 $31,698 LESS: NET FISCAL IMPACT $0 NET CAP. FACILITIES IMPACT INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Av g: 0.0 PLANNING DEPT PREFERENCES 1.0 1.0 Total Potential Adjustment For Tax Credits (Una ju ted) Revenue- Cost Balance Net Capital ilitie3 Impact Net Cost Per Dw Ilin Unit $0 $0 $45,095 $644 $287,502 $205,545 $529,975 $7,571 $24,216 $17,313 $90,137 $1,288 $5,224 $3,735 $14,945 $213 $11,317 $8,091 $2,965 $42 $0 $0 $14,188 $203 $36,727 $26,257 $0 $0 $364,985 $260,941 $689,148 $9,845 $0 $0 $_0 so $689,1481 $9,845 Rev -Cost Bal = 0.533 Ratio to Co Avg = 0.715 METHODOLOGY 1. Capital fac ilities 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 col 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 facilities 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 becausethey are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 08/07/02 as k Project Description: Assumes 70 Single Family Dwellings on 30.31acres zoned RP District Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 day s from the model run date. 2001 MODEL Greenway Engineering March 18, 2002 Doris F. Casey Property Revised May 1, 2002 Rezoning Revised May 9, 2002 July 11, 2002 DORIS F. CASEY PROPERTY REZONING Tax Parcels #64-((A))-23 Shawnee Magisterial District Preliminary 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 # for the rezoning of 30.31acres from the Rural Areas (RA) District to Resi entia Performance (RP) 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 lands owned by Doris F. Casey being all of Tax Map Parcel 64-((A))-23 and further described by Boundary Survey Plat prepared by Darren S. Foltz, L.S., dated January 9, 2002 (see attached Boundary Survey Plat). A.) Residential Use Restriction 1. The applicant hereby proffers that the 30.31 -acre property shall be developed as Single -Family Detached Urban 12,000 SF lots. All other housing types allowed in Section 165-65 are hereby prohibited. 2. The applicant hereby proffers to limit the total number of Single -Family Detached Urban lots to 70. B.) Transportation 1.) Access to Route 522 The primary access for the 70 single-family lots of this rezoning will be provided through a single access point on Route 522. File 43230/MDS/dls Greenway Engineering March 18, 2002 Doris F. Casey Property Revised May 1, 2002 Rezoning Revised May 9; 2002 July 11, 2002 2.) Turn lane — US Route 522 The applicant hereby proffers to install a right -turn lane at the primary entrance on Route 522, if warranted by VDOT C.) 3.) Right-of-way Dedication The applicant hereby proffers to dedicate a right-of-way to the Commonwealth of Virginia adjacent to the property on US Route 522 and State Route 644 as determined by VDOT. 4.yVestwood Drive A connection to Westwood Drive (Rout)dime to the Swisher property (Tax Map 64-((A))-20 and 21) will be provided to thproperty. �/ c<faprou a 1 v f e �r Pavement widening on the existing portiotwood Drive to Route 522 will be paid for and installed by the applicant in tsional widths as directed by VDOT. These improvements will be instn the connection to Westwood Drive through the Swisher property occur 1. The applicant hereby proffers to develop the 30.31 -acre property in substantial conformance with a General Development Plan approved as part of the rezoning application. The General Development Plan is intended to delineate the road systems that will serve the 70 single-family lots and the connection to Westwood Drive through the Swisher property. D.) Shenandoah Memorial Park Buffer The applicant hereby proffers to provide a 50 -foot buffer along the entire southern property line against the Shenandoah Memorial Park. An earth berm with a single row of evergreen trees planted on 10 -foot centers will be developed within the first 25 feet closest to the Shenandoah Memorial Park property. A 10 -foot non- exclusive easement will be provided within the remaining portion of the 50 -foot buffer for the future development of a bicycle and pedestrian facility by others: E.) Route 644 Road Efficiency Buffer Easement The applicant hereby proffers to provide a 10 -foot non-exclusive easement for the future development of a bicycle and pedestrian facility by others within the established road efficiency buffer along Route 644. File #3230/N DS/dls Greenway Engineering March 18, 2002 Doris F. Casey Property Revised May 1, 2002 Rezoning Revised May 9, 2002 July 11, 2002 F.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above-described property hereby voluntarily proffer that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia .the following amount: $ 3,600/lot for Frederick County Public Schools $ 600/lot for Frederick County Parks and Recreation $ 700/lot for Frederick County Fire and Rescue $ 210/lot for Public Library $ 120/lot for Frederick County Sheriff's Office $ 245/lot for Frederick County Administration Building This payment, totaling $5,475/lot is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the building permit. G.) 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: By:�` Doris F. Casey Date Commonwealth of Virginia, Ci Co,��f �r�E�i CCJ To Wit: The foregoing instrument was acknowledged before me this _bay of jw I 202,-,2 by Notary My Commission Expires ;'%2t'c35_rz.. File #3230/MDS/dls IMPACT STATEMENT Shawnee District Frederick County, Virginia TM 64-((A))-23 30a31Acres March 18, 2002 Revised ,duly 119 2002 Current Owner: Doris F. Casey Contact Person: Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #3230/MDS/dls Greenway Engineering March 18, 2002 Doris F. Casey Revised May 8, 2002 Rezoning Revised July 11, 2002 DORIS F. CASEY REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 30.31 -acre parcel owned by Doris F. Casey. The subject site is located on the west side of US Route 522 (Front Royal Pike), and approximately 800 feet north of the intersection of US Route 522 and Route 644 (Paper Mill Road). The current zoning is RA (Rural Areas) District. Doris F. Casey proposes to rezone the 30.31 acres from RA to RP (Residential Performance) District. See attached Proposed and Existing Zoning Maps. Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out COMPREHENSIVE PLAN West of US Route 522 and north of the intersection of US Route 522 & Route 644 Shawnee 64-((A))-23 RA Agricultural and Shenandoah Florist Single Family Residential RP 30.31 acres 70 single-family lots for the RP parcel The proposed site is being developed in conformance with the Comprehensive Plan, Southern Frederick Land Use Plan (SFLUP) adopted -in 1999. Within the limits of the study, the property is located along a developing corridor (Route 522) which proposes mixed commercial and residential land use, planned unit development and industrial land use. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 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. File #3230/MDS/dls 2 Greenway Engineering March 18, 2002 Doris F. Casey Revised May 8, 2002 Rezoning Revised July 11, 2002 A. SUITABILITY OF THE SITE Access The subject site, tax parcel 64-((A))-23, is located on a manmade boundary created by Route 522 (Front Royal Pike) on the eastern edge of the tract and Route 644 (Paper Mill Road) on the western edge of the tract. One entrance is proposed on Route 522 to provide access to the residential property. A connection to Westwood Drive is proposed to occur from the residential project through the Swisher parcel. Access to Route 644 is not proposed due to traffic flow concerns and geometric constraints identified by the Virginia Department of Transportation. Flood Plains The subject site is located on the FEMA NFIP map #510063-0200 -B. All of the site is located as "Zone C", area outside the 100 -year flood plain. Wetlands There are 0.35 -acres of wetlands on this site. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. See attached Existing Wetlands. Exhibit. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIS Soils Maps and are located on maps 63 and 64 (see attached Existing Soils Exhibit). This parcel contains the following three soil types: 913 -Clearbrook Channery silt loam — 2-7% slope, covers 77.5% of site 313-131airton Silt loam — 2-7% slope, covers 22% of site 41D-Weikert-Berbs Channery silt loam—15-25% slope, covers 0.5% of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the Blairton Silt loam soils as prime farmland. The remaining soil types on site are not identified within this table. Other Environmental Features The site does not contain areas of steep slope or woodlands as defined by the Frederick County Zoning Ordinance. File #3230/MDS/dls 3 Greenway Engineering March 18, 2002 Doris F. Casey Revised May 8, 2002 Rezoning Revised July 11, 2002 B. SURROUNDING PROPERTIES Adjoining property zoning and present use (see existing; zoning maps North: Zoned RP (Residential Performance) District and RA (Rural Area) District South: Zoned RA (Rural Area) District and B2 (Business General) District East: Zoned RA (Rural Area) District, 132 (Business General) District, and RP (Residential Performance) District West: Zoned RA (Rural Area) District All adjoining properties to the north and east of the site are utilized for residential and business use. The Shenandoah Memorial Park is located to the south of the site which contains a commercial cemetery. The adjoining property to the west is used for agricultural purposes. C. TRAFFIC IMPACT l.) For the proposed 30.31 -acre property that will be rezoned from RA to RP, the access will be on Route 522. According to the VDOT Functional Classification located in the Frederick County Comprehensive Policy Plan, Route 522 is classified as a major arterial road. The I.T.E. Trip Generation Manual, 6 1 Edition on page 263 states an average of 9.57 VPD per single-family dwelling. The proposed change in zoning would allow for the 70 single-family detached houses, which would create an increase in the traffic pattern along Route522. The proceeding numbers signify the amount of volume increase that will be generated by such an increase in dwelling units. Number of Dwelling Units = 70 Houses Route 522 Traffic = 10,000 VPD Average Vehicle Trips = 9.57 VPD Projected Traffic Increase = 670 VPD The complete build out of this project will increase the traffic on Route 522 by 6.7% of the year 2000 VPD. Route 522 is a live -lane major arterial road with two travel lanes in each direction and a center turn lane to facilitate left turn movements. The increase in traffic volume from this rezoning proposal can be accommodated by this road facility. File #3230/MDS/dls 4 Greenway Engineering March 18, 2002 Doris F. Casey Revised May 8, 2002 Rezoning Revised July 11, 2002 D. SEWAGE CONVEYANCE AND WATER SUPPLY The subject site is located in the southeastern portion of the Sewer and Water Service Area. An 8" sewer main is currently in place on the west side of Route 522. The new system will run along the northern boundary of the property in a west to east flow pattern, towards the existing main. It will then be connected to the main in accordance with Frederick County Sanitation Authority (F.C.S.A) regulations. An 8" water main is currently in place on the west side of Route 522 to service the site. 1. The impact of this proposed rezoning, of the 30.31 -acre parcel from RA to RP, on sewage conveyance is based on a development schedule of 70 dwellings. F.C.S.A design figures show an estimated 275 GPD per single-family unit. The figures below represent the impact these dwellings would have to the sewage conveyance system at full build -out. Q = 275 GPD per dwelling Q = 275 GPD x 70 dwellings Q =19,250 GPD These numbers are based upon the F.C.S.A.'s Water and Sewer Standards and Specifications on page 6. The Frederick County Sanitation Authority (F.C.S.A.) comment dated March 19, 2002 states that water and sewer are available to the site and that there is adequate capacity. Discussions with the F.C.S.A. indicate that the terminology of adequate capacities includes adequate capacity in the water and sewer transmission lines, adequate capacity at the water and sewer treatment facilities and adequate water supply resources to serve the proposed project.— F. roject. F. DRAINAGE The 30.31 -acre site has a topographic high spot approximately half way between US Route 522 and Route 644 with approximately 20 acres of the site draining towards Route 522 and approximately 10 acres draining towards Route 644. Two onsite storm water management ponds are proposed to control the increased run-off. In both drainage sheds it is anticipated that the post -development time of concentration shall be 5 minutes. Pile #3230/NlDS/dls 5 Greenway Engineering March 18, 2002 Doris F. Casey Revised May 8, 2002 Rezoning Revised July 11, 2002 G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual per household consumption of landfill volume figure of 5.4 cubic yards (This number can be found in the Civil Engineering Reference Manual, 4`� edition). The following figures show the increase in daily volume based on the proffered density of 70 dwellings. DV = 5.4 Cu. Yd. per dwelling DV = 5.4 Cu. Yd. x 70 dwellings DV = 378 Cu. Yd. H. HISTORICAL SITES AND STRUCTURES 1. Virginia Division of Historic Landmarks Two historic landmarks were inventoried by the Virginia Division of Historic Landmarks (see attached exhibits): a.) Duncan Farmhouse, file #34-432. b.) Evandale School, file #34-433. 2. Winchester Regional Preservation Office Department of Historic Resources There were no archeological artifacts found on the site. A request for Historic Resources Advisory Board comments was submitted to the Frederick County Planning Department. A response letter dated February 6, 2002, states that the Doris F. Casey property does not significantly impact any historic properties. File #3230/MDS/dls 6 64 A 24 HALDEMAN RA A v. 'Py I i & A 4 :W�t AM5 RA A I I 1I RP654 c- 2yi02.___ oaorvzo i1 ,1 '. II f l B2 i Vine Ln 52` 64 Z D STo RP I1,64Duo 1 RA ,I _ II� 1640,4ox ? -RA I II bap. a 3 RA. o I 4 RA II s. z a � �p a s RA 11 i ', JUCAPA LG i �' III _ .. ` B2 - - i I Ii i LaurelwoodDr-- -_ i I i REZ ## 07 - 02 Location Map For: Dorif.- F. Casey PIN: 64-A-23 �,� 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. 2. Applicant: Name: Greenway Engineering Telephone: (540)-6624185 Address: 151 Windy Hill Lane, Winchester, VA 22602 Property Owner (if different from above) Name: Doris F. Casey Telephone: Not Available Address: 404 Imperial St., Winchester, VA 22601 3. Contact person if other than above Name: Mark Smith Telephone: (540)-662-4185 4. Checklist: Check the following items that have been included with this application. Location map x Agency Comments Q Plat x Fees Q Deed to Property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement 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: Doris F. Casey 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Agriculture RA Residential RP Business General B2 PARCEL ID NUMBER USE ZONING 64D -((A))-30 Single Family Residential RP 64D -((A))-27 Single Family Residential RP 64D -((A))-28 Single Family Residential RP 64D -((2))-A-1 Single Family Residential RP 64D-((2))-2 Single Family Residential RP 64D -((2))-A-3 Single Family Residential RP 64D -((2))-A-4 Single Family Residential RP 64D -((2))-A-5 Single Family Residential RP 64D -((2))-A-6 Single Family Residential RP 63-((A))-146 Single Family Residential RP 64D- 1 -B-A Single Family Residential RP 64-((A))-20&21 Single Family Residential RP 64-((3))-A Commercial Cemetery B2 64-((3))-A-1 Single Family Residential RP 64-((2))-D2 Restaurant B2 64D- 4 -1 Single Family Residential RA 64D-((4))-2 Single Family Residential RA 64D-((4))-3 Single Family Residential RA 64D-((4))-4 Single Family Residential RA 64D-((4))-5 Single Family Residential RA 64-((A))-24 Agricultural/Undevelo ed RA 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route number): West on Route 522 (Front Royal Pike), approximately 800 ft. north of the intersection of Route 522 and Route 644 (Paper Mill Road). Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 8. Parcel Identification/Location: Parcel Identification Number 64-((A))-23 Magisterial: Fire Service: Rescue Service: 10. 11. Shawnee Millwood Station Millwood Station Districts High School: Middle School: Elementary School: Sherando James Wood Armel Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 27 RA RP 3.31 RA B2 30.31 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 63 Townhome: Multi -Family Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 40,000 sf combined retail/office 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 ening map of Freder?ck ��unty, Virgir;a. 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: �3 Date: l Owner (s):Date: 0� Date: Adjoining Property Owners NAME TAX MAP # ADDRESS Ann S. Cross 64D -((A))-30 1170 Front Royal Pike, Winc. 22602 c Louise C. Etats Madigan 64D -((A))-28+27 1154 Front Royal Pike, Winc. 22602 Robert M. & Patsy O. 64D -((2))-A-1 141 Westwwod Dr., Winc. 22602 Largent Jeffrey B. & Brenda Dodd Raymond H. & E. Jean Mayhew Barbara L. Midkiff Paul D. & Willene C. Brooks Jonny H. Anderson Thomas W. & Mabel Breedlove Robert O. & Mildred Detlefson Claudia Jean Swisher Shenandoah Memorial Park Inc. JUCAPALC 64D-((2))-2 64D -((2))-A-3 64D -((2))-A-4 64D -((2))-A-5 64D -((2))-A-6 63-((A))-146 64D -((1)) -B -A 64-((A))-20+21 64-((3))-A 64-((3))-A-1 Robert P. & Dorothy E. 64D-((4))-1 Elliott �_-•Elwood H. & Turessa K. Fox 64D-((4))-2,3,4,5 ,--'Paul M Haldeman, Jr 64-((A))-24 Joseph Bugarski 64-((2))-D2 File #3230/MDS/dls 155 Westwood Dr., Winc. 22602 366 Singhass Rd., Winc. 22602 179 Westwood Dr., Winc. 22602 224 Quail Run Lane, Winc. 22602 197 Westwood Dr., Winc. 22602 3575 Papermill Rd., Winc. 22602 207 Westwood Dr., Winc. 22602 116 Pinetop Rd., Gore, VA 22637 155 Rittenhouse Cir., Bristol, PA 19007 1600 Amherst St., Winc. 22601 1215 Front Royal Pike, Winc 22602 1231 Front Royal Pike, Winc 22602 PO Box 2751, Winc 22604 PO Box 2791, Winc 22604 NAD B3 (1991)• POST (3.23 RQ "vp(ZIEs," ...:599 g9 Z TM 64–((A))-146 250 0 125 250 Rl rn THOMAS W. BREEDLOVE " & M,46EL L BREEDLOVE GRAPHIC SCALE N. 28 23.08 CEX. POND D.B. 401, PG 672 `�', ZONED: RA (IN FEET)>> y IPF rn (0.31) N NOTES• A. 1. THIS PLAT IS FOR ZONING - LINE DETERMINATION ONLY. 2. ORIGINAL AREA = 30.3100 AC. "� COMPAW IRF AREA /N RP = 26.8733 AC. o V1RGiNG1 PO ENT AREA /N B2 = 3.4367 AC NORTMGTrzfC UN P � 65– E DB•13,� E I - 7M 64-((A))-2.5 o DORIS F. CASEY TM 64–((3))–A N W.B. 91, PG 596 DISTANCE SHENANDOAH N- 30.3100 ACRES DISTANCE MEMORIAL PARK, INC. coCO CAD D.B. 934, PG. 694 S 05'20 02" E r� 4d ZONED: B2 N 85'05:37" W 298.53' EX. BUILDING 7M 64–((J))–Al JUCAPA LC. D. B. 955, PG. 37 ZONED: B2 EX 20' SAN. SEWER ESMT. D.B. 902, PG. 1356 !RF RR 3 23.8733 AC CO W'r j ZONING' L,NE lP,F S 02_35_01 " E IPF MON. IRF 460.08' L3 EL( EX. _f BUILD/NG ,62 87 AC.vN EX. L7 � L6 � L5" !RS PL1 ROUTE 522 R/W VARIES TM 64D–((A))-30 ANN S. CROSS D.B. 761, PG. 512 – ZONED: RP / /ATF TARLF LINE BEARING DISTANCE UNE BEARING DISTANCE Ll S 05'39'03" E 16.96' L7 S 05'20 02" E 166.64' L2 N 85'05:37" W 298.53' L8 S 8708'20" W 189.83' L3 S 03'46 37" E 236.38' L9 S 865825" W 66.67' L4 N 86-41'2J" E 301.46' L10 N 80'21 '42" W 73. l3' L5 S 05"39'03" E 159.94' L l l N 31'0741" W 52.03' L6 S 06'20'44" E 152.12' PLAT FOR ZONING UNE DETERMINATION OF THE LAND STANDING IN THE NAME OF DORIS F. CASEY SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, KRGINIA SCALE: 1 " = 250' 1 DATE: MARCH 18, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESM, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 $� FAX: (540) 722-8528 oundsd in 1971 www.greenw(iyeng.com TH G r lG ZREN S. F01 No. 002257 Lila 0 SHEET 1 OF 1 v L \ / 418 i B IB x MARK D. SMITH � N S RT 6 4 D _- _.-41C __ � --- - No.D22837 \ \ ses 3B S 1B (\l CM INS u7 G` * ]n a Rt. 0 cc \ SIT'' .. anando M ial Laurel.0 D ive / a m — ^` Park l C. W 41C } SOILS LEGEND f6 41D SS-BLAIRTON SILT LOAM, 2-7% SLOPES zj M P \ DATE, 11/14/12 88-CLEARBROOK CHANNEERY 8A T LOAM, 2 7% SLOPES Shenandoah uii _• 41D-WEIKERT-BERBS C14ANNERY SILT LOAM, 16-26% SLOPES 1C \ �I� 41C 9B SCALES '1'=5[0' DESIGNED BY. KDS/JNT JOB NO. 3230 SHEET 1 OF O. u a O� JS W am W a Qc O C, R N t L T dy Ore PUSHh ��� TIi OFI,l RK, INSERT 64D YM D. SMITH NO.D22837 �j �rnvsT: ice DDH 04 INS • 5 ' �+ cc U N Rt...� o °° ► x a: SIT enand0 P Lau I od D ive U ®U c M lal Park ® q yoy/x� ui W WETLANDS LEGEND Puedb EXISTING WETLANDS Shena�ndjoah P DATE, - DI/14/02 (I I SCALE, 3'=500' DESIGNED BY,HDS/JNT JOB NO. 3230 SHEET 3 prl ► � Lam►` �`4`_`` 7 04 �.iII \ w� • I� to `cm — i;�U7 �IN�Ip��O�,�� � fai` X21 c< �0�, • i 7� &".od .. q�i�Ol,j�O ��s�OI,jI��I„N Sa CrZ i = ---__—— Lc� O LL „� >.� �•�•erjqShShall o.....• oo..o... 50' SHENANDOAH MEMORIAL PARK CEMETARY BUFFER NOTE: THE PROPOSED ROAD LAYOUT ON THE GENERAL DEVELOPMENT PLAN IS INTENDED TO BE DEVELOPED IN SUBSTANTIAL CONFORMANCE WITH THE ILLUSTRATION. MINOR ADJUSTMENTS TO THE ROAD LENGTH, ROAD CURVATURE AND CUL—DE—SAC LOCATIONS MAY OCCUR AS A RESULT OF THE FINAL ENGINEERING APPROVAL BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION. E777LEGEND D PRIMARY ROAD SYSTEM J 50' BUFFER cs o� o Lu � m Lu w z c'12� is �� m cv m z ,'m AU 0 1 yo b a� Lu v GL v Hw r W A wm MARK D. SMITH " N0.022837 P DATE: JULY 2002 SCALE: 1"=200' DESIGNED BY:EAW/JNT JOB NO. 3230 SHEET 1 OF 1 E''�! Ua z W Q5 W a a 0 a 004 w0 cr w E-�D > w ^ 1.1.. 0 C7 W U W W W z (j) zw a �w U DATE: JULY 2002 SCALE: 1"=200' DESIGNED BY:EAW/JNT JOB NO. 3230 SHEET 1 OF 1 PC REVIEW DATE: 08-21-02 BOS REVIEW DATE: 09-11-02 (tentative date) MASTER DEVELOPMENT PLAN #04-02 RUTHERFORD'S FARM INDUSTRIAL PARK LOCATION: The property is located on the northeastern quadrant of Exit 317 on I-81. It is bounded by Interstate 81 on the west, and Martinsburg Pike (Rt. 11 North) on the east and south. CSX railroad bisects the land in a northeast/southwest direction. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-96; 43-A-97; 43-A-98; 43-A-99; 43-A-100; and 43-A-111 PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) District B2 (Business General) District B3 (Industrial Transition) District RA (Rural Areas) District ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Zoned M2 (Industrial General) District South: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) District East: Zoned RP (Residential Performance) District Zoned RA (Rural Areas) District West: Zoned RP (Residential Performance) District PROPOSED USES: Commercial & Industrial REVIEW EVALUATIONS: Land Uses: Agricultural Use: Agricultural/Nursery Use: Industrial Use: Commercial/Industrial Use: Residential Use: Residential Use: Agricultural/Residential Use: Vacant Virginia Dept. of Transportation: The preliminary master development plan for this property appears to have significant measurable impact on Route 11, Martinsburg Pike, and I-81 NBL, SBL and access ramps, the VDOT facilities which would provide access to the property. Before making any final comments, this office will require a complete set of site plans, drainage Rutherford's Farm Industrial Park, MDP #04-02 Page 2 August 7, 2002 calculations and traffic flow data from the I.T.E. Trip Generation Manual— Sixth 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. Sanitation_ Authority: First review: show sewer easement on western boundary; show water and sewer line location and size. Fire Marshal: Fire and rescue access to be maintained at all times. `Fire Lane No Parking' signs required at all fire hydrants, normal, and emergency access points. Fire hydrants are required within 300 feet of all portions of any commercial building. Fire hydrants to be within three feet of the curb. Frederick Counly Inspections: No comment required at this time. Shall comment at the time of site plan review. County Engineer: We offer no comments at this time. A comprehensive review will be performed at the time of site plan submission. Historic Resources Adviso Board: Please see attached letter, dated 7/18/02. Airport Authority: This proposed master plan does not appear to impact operations at Winchester Regional Airport. As sites are developed, the airport requests prior review to ensure developments will not impact operations. Planning and Zoning: Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the six parcels, which comprise the proposed master development plan, as part of the R-3 (Residential, General) Zoning District. On October 8, 1980, parcels 43-A-96; 43 -A -98;43 -A -99;43-A-111; and a portion of 43-A-97 were rezoned from R-3 to A-2, during a Comprehensive Downzoning. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990, during the comprehensive amendment to the county's Zoning Ordinance. The R-3 (Residential -General) District zoning classification was modified to RP (Residential Performance) District on February 14, 1990, during the comprehensive amendment to the county's Zoning Ordinance; this action affected 43-A-100, and a portion of 43-A-97. On April 22, 2002, the Board of Supervisors approved the rezoning of these parcels to include 116.7 acres of M1 (Industrial, Light), 23.2 acres of 132 (Business, General), and 14.5 acres of B3 (Business, Industrial Transition). In addition, the entire 154.4 acres of land was added to the IA (Interstate Area Overlay) Zoning District. Rutherford's Farm Industrial Park, MDP #04-02 Page 3 August 7, 2002 Comprehensive Policy Plan: The parcels are within the county's Sewer and Water Service Area (SWSA) and are a component of the Northeast Land Use Plan which was adopted by the Board of Supervisors on September 27, 2000. The parcels were also a component of the Route 11 North Corridor Plan which was adopted by the Board of Supervisors on January 8, 1997. Both land use plans proposed future commercial and industrial development within the area of these parcels; as well as the provision of a Developmentally Sensitive Area (DSA) overlay along Martinsburg Pike. The Northeast Land Use Plan also identifies a major collector road along the northern portion of the subject tract. This planned roadway would intersect with Martinsburg Pike and travel westerly towards I-81, and then angle towards the north. The applicant has made provisions to construct this planned roadway. Project Scope: The applicant has prepared a master development plan for the development of 154.4 acres of commercial and industrial land uses. The allotment of land in each zoning district and the general location of land is consistent with the approved rezoning. During the rezoning process, the applicant offered a number of proffer conditions, which were intended to help minimize the potential impacts of development. A summary of the most significant proffers is listed below: • Installation of a traffic signal light at the entrance of the industrial park when warranted by VDOT. • Installation of a traffic signal light at the southbound ramps of the Exit 317 interchange & Route 11 when warranted by VDOT. • Improvements to be made to Route 11 at the intersections of the two proposed entrances to the industrial park. The improvements shall be completed within one year of the first site plan approval, unless required during the first site plan. • Construction of a major collector road through the property, as planned for in the Frederick County Comprehensive Policy Plan. Each site plan in the development which would be located along or part of the proposed road would be responsible for building that particular segment of road. • Construction of a third southbound lane on Route 11 from the northern most entrance of the property to the northbound I-81 ramp of Exit 317. The improvements shall be completed within one year of the first site plan approval, unless required during the first site plan. • Construction of an interpretive area with three historical signs in the location of the old Rutherford's Farm House, along Route 11, near the old concrete steps that now remain. The master development plan shows this area paved and with landscaping and sidewalks. Rutherford's Farm Industrial Park, MDP #04-02 Page 4 August 7, 2002 issues: Staff's review of the subject master development plan does not highlight any substantial problems. However, staff would like to point out the following concerns so they may be considered during the review process: 1) Zoning District Buffers. The preliminary master development plan does not take the buffer and screening requirements into consideration between the proposed commercial uses and the existing residential properties located across Route 11. The Zoning Ordinance requires that a Category "B" buffer be provided. 2) Preservation of Environmental Features. The master development plan provides for the protection of existing woodlands, flood plains, and wetlands. All of these protected environmental areas should be identified on the master development plan, and preferably, placed in an environmental easement. 3) Flood Plain Disturbance. A proposed stormwater management pond is shown in the flood plain of the subject property; however, the environmental analysis of the master development plan indicates that no disturbance of flood plains is proposed. The applicant should be prepared to explain the extent of disturbance to the flood plain during the required public meetings. The disturbance of flood plains for stormwater management purposes is permitted by the Frederick County Zoning Ordinance, if approved by the Planning Commission. Details of any approved disturbance of flood plains should be shown on the master development plan. 4) Sinkholes. The master development plan should include sinkholes in its analysis of existing environmental features. If the intent is to provide a comprehensive soil analysis for each individual site plan, then the master development plan should state this. 5) Location of Proposed Collector Road. The location of the proposed major collector road has been modified from the concept plan submitted during the rezoning process. The relocation of the road places the burden of constructing the road through the flood plain on the adjoining property. Furthermore, the new road location would impact the layout of future development on this adjoining property. S'T'AFF CONCLUSIONS FOR 08-21-02 PLANNING COMMISSION MEETING: The preliminary master development plan for Rutherford's Farm Industrial Park depicts appropriate land uses and is consistent with the Zoning Ordinance and the Comprehensive Policy Plan. The preliminary master development plan is also in accordance with the proffers of the rezoning. However, the applicant needs to address the concerns identified by staff, and any concerns which are identified by the Planning Commission, as a condition of favorable recommendation to the Board of Supervisors. 0:\Agendas\COMMENTS\MDP's\2002\Rutherford's Farm Ind Park.wpd i COUNTY of FREDERIEX Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 18, 2002 Mark Smith, P.E., L.S., President Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rutherford's Farm Industrial.Park-Interpretative Signs Dear Mr. Smith: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of July 16, 2002. Specifically, the HRAB reviewed the developer's proposal to include the three interpretative signs proffered in the Rutherford's Farm rezoning application within the Virginia Civil War Trails Program (VACWT). It is the developer's intent to utilize Dr. Brandon Beck of the Civil War Institute at Shenandoah University to provide the historical information for each sign, commemorating the old Rutherford's Farm Douse, the Battle of Rutherford's Farm, and the Battle of Second Winchester. The I RAB determined that it was acceptable for Dr. Brandon Beck and the VACWT Program to develop the language and text of the three interpretative signs. The HRAB also had comments regarding the proposed pull -off area where the interpretative signs would be placed. The HRAB suggested that the developer be sensitive to the visitor experience of the interpretative area. Specifically, the HRAB suggested strategic landscaping, including native plants, to further enhance the interpretative area against the development that will occur. within the industrial park adjacent to the interpretative area. Please contact me with any questions concerning these comments from the Frederick County Historic Resources Advisory Board. Sincerely, �v 6& Rebecca Ragsdale Planner I cc: Bessie Solenberger, HRAB Chair u:\coMMr=s\Fff�Aa%conimenekxumcirorasigns.,pa 107 North Dent Street - Miinchester-, Virginia 226411-5660 hid IP#04-42 Location Map- For: uth rford's Farm Industrial Park PIN: 43 A = 111, '100, , 9 & 97, 96 N W E S 0 200 400 Feet Ems■ Frederick County, Virginia 1 Master Development Plan Application Package 1. Project Title: 2. Owner's Name APPLICATION MASTED DEVELOPMENT PLAN Rutherfords Farm Industrial Park Richard Ray Duncan Janet D. Riddick Turner Enterprises, LLC (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane _ Phone Number: Winchester, VA 22602 540-662-4185 _ 4. Design Company: _Greenway Engineering Address: Same Phone Number: Contact Name: Same Mark D. Smith, P.E., L.S. 5. Location of Property The subject site is located on a natural boundary created by Interstate 81 on the western edge of tract. 6. Total Acreage: 158.1 acres 7. Property Information a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: 43-A-111, 100, 99, 96, 98, 97 Rural agricutiure �M1, B2, B3, RA f) Magisterial District: Property Uses Industrial Industrial, Residential Stonewall 8. Is this an original or amended Master Development Plan? Original ® 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: —A -AA -A,. Date: </-, 10 ', � �� Property Identification Numbers North 43-A-85 South see attached list East 43 -A -84,112B, 112A, 113 West Interstate 81 f) Magisterial District: Property Uses Industrial Industrial, Residential Stonewall 8. Is this an original or amended Master Development Plan? Original ® 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: —A -AA -A,. Date: </-, 10 ', � �� Rutherford's Farm List of Adjoining Properties to be Notified 43B-8-1 43B-8-2 43B-8-3 43B-8-4 43B-8-5 43B-8-6 43B-8-7 43B-8-8 43B-8-9 43B-8- 10 43B-8- 11 43B-8- 12 43B-8- 13 43B-8- 11A 43B-8-18 43B-8-22 43-A-56 43 - A - 52B 43-A-52 43 -A - 52C 43 -A - 50A 43 - A - 95 43-A-94 43-A-93 43 -A - 90B 43 -A - 90C 43-A-86 43-A-85 43 -A - 112B 43 -A - 112A 43-A- 113 43-A-110 43-A-109 43-A- 108 43 - A - 107 43 -A - 106 43 -A - 105 43 -A - 104 43 - A - 103 43 -A - 102 43C -1-D 43C -1-B 43C- 1 -A 43 -A - 140 43-A- 101 43C-2-1 43C-2-2 43C-2-3 43-2-1 43-2-2- 43-2-2A 43-2-3 43 -A - 147 43 -A - 148 43 -A - 149 43 -A - 150 43 -A -151A 43C-3-2 43C-3-3 43C-3-4 43C -3-4A 43C-3-5 43C-3-6 43C-3-7 43C -3-7A 43C-3-8 43C -3-8A 43C- 3 - 9 43-A-139 43-A-138 43-A-137 43 - A - 136 43-A-135 43-A-134 43-A-133 43 -A - 132B 43-A-132 43-A-130 43-A-129 43-A-128 43-A-127 43 - A - 113 43 - A - 112 43 -A - 112A 43 -A - 112B 43 - A - 115 43 - A - 116 43 - A - 118 43 - A - 119 43 - A - 120 43-A-19 43-A-8 U. UeremylMaster Development PlanslRutherford's FarmlAdjoining Properties.wpd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM FAX: 540/665-6395 TO: Planning Commissioners FROM: Jeremy F. Camp, Planner II 941�� RE: August 21' P.C. Meeting & Timothy Johnson Waiver Request DATE: August 7, 2002 Waiver Request: Staff has received a request for relief from a buffer and screening requirement applicable to Mr. Timothy Johnson's property. A Planning Commission action on this request is consistent with the Zoning Ordinance. Location & History: Timothy Johnson owns two parcels of land in the Stonewall Magisterial District, which consist of 1.89 acres. The parcels are identified by property identification numbers 33-A-92 and 33-A-93. The land fronts Route 11, and backs up to I-81, about %2 mile south of Exit 323. Residential uses are located to the south of Mr. Johnson's property, and an unimproved piece of M2 (Industrial, General) land is located to the north. On August 8, 2001, the Board of Supervisors rezoned these parcels from the RA (Rural Areas) District to the B3 (Business, Industrial Transitional) District. Since the rezoning, a site plan has been approved and Mr. Johnson has constructed an auto repair shop on lot 33-A-92. The church, which existed prior to the rezoning, remains in operation on lot 33-A-93. Presently the improvements associated with the auto repair shop have not been given final approval by staff, because the required full screen has not been installed by Mr. Johnson. Nature of Request: The development of Mr. Johnson's land requires a full screen against the residential properties to the 197 North Kent Street - Winchester, Virginia 22601-5000 Page 2 Memo - Tim Johnson Waiver Request August 7, 2002 south. The required full screen consists of a 10 -foot wide landscape screen and an opaque fence, wall, mound, hedge, or berm. The site plan for the auto repair shop is approved with a 10 -foot wide landscape screen and a 6 -foot opaque board fence. Mr. Johnson is requesting the elimination of the fence and landscape screen along the south property line of lot 33-A-93, until the property is developed to accommodate a B3 (Business, Industrial Transition) District use. This portion of the full screen would screen the church, church parking lot, and the driveway to the auto repair shop from the residential property to the south. Planning Commission Authority: Pursuant to Section 165-37 D (6) of the Frederick County Zoning Ordinance, the Planning Commission may waive "any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. " Churches are permitted in the RA (Rural Areas) Zoning District. Staff Conclusions: Section 165-37 D (4), of the Frederick County Zoning Ordinance, requires a category C buffer between the B3 District and RA District (when used for residential purposes) whenever development occurs. Since the driveway to the auto repair shop crosses though the church property, a full screen is required on the church property. However, staff recognizes the fact that the primary use of this property has not been changed from a church, which would normally not be required to be screened from residential properties. It may be appropriate to grant approval of Mr. Johnson's request, with the condition that the required landscape screen will be provided when the church property develops to a B3 use. A decision from the Planning Commission, regarding the appropriateness of this waiver, is requested during the scheduled public meeting on August 21, 2002. A copy of the letter by Greenway Engineering, which formally requests this waiver, is attached for your review; along with a letter of support from the adjoining property owners to the south. JFC/ERL/ Attachments U: UeremyWaiver Reguests7imJohnson.lvpd 151 Windy Hill Lane �_ Winchester, Virginia 22602 J1 Founded in 1971 July 29, 2002 Frederick County Planning & Development 107 North Kent Street Winchester, VA 22601 Attn: Eric Lawrence, Director Re: Tim Johnson — Buffer and Screening Waiver Request Dear Mr. Lawrence: I appreciate your willingness to meet with me to discuss the buffer and screening requirements associated with the auto repair shop facility owned and operated by Mr. Tim Johnson. As you know, Mr_ Johnson rezoned parcels 33-A-92 & 93 to B3, Industrial Transition District and has developed a 4,800 -square -foot facility on the west side of Martinsburg Pike approximately '/ mile south of Interstate 81 Exit 323 at Whitehall. The site plan that was approved for this project requires the development of a full screen buffer along the entire southern property line of parcels 33-A-92 & 93. Parcel 33-A-92 is the site for the new auto repair facility, while parcel 33-A-93 is the site of an existing church. On behalf of Mr. Johnson, Greenway Engineering is requesting consideration for a Planning Commission waiver of the buffer and screening requirement for parcel 33-A-93. The adjoining parcels along the southern property line of parcels 33-A-92 & 93 are zoned RA, Rural Areas District and are used for residential purposes_ Mr_ Johnson has not impacted the residential parcel owned by Charles A. Cooke, as the church remains as the current land use. The church is a permitted land use in the RA, Rural Areas District; therefore, it is requested that the Planning Commission provide Mr. Johnson with a waiver of the full screen buffer until this parcel is developed with a B3 District land use. Please find attached Sheet 5 of 5 of the approved landscape plan that has been marked up to identify the location of the full screen buffer that is proposed to be waived until the parcel is developed with a B3 District land use. Also attached is a letter signed by Charles A. Cooke that agrees to the full screen buffer waiver request on parcel 33-A-93. Once again, I appreciate your assistance regarding this matter and look forward to presenting this matter to the Planning Commission during their August 21, 2002 meeting. Sincerely, Greenway Engineering Evan Ayatt, AICP Cc: Tim Johnson F,ngineers Survevors Telephone 540-662-4155 FAX 540-722-9528 File #2624/EAW www.greenwaveng.com July 29, 2002 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Re: Tim Johnson — Buffer and Screening Waiver Request To Whom It May Concern: This letter is to advise the members of the Frederick County Planning Commission that we support the buffer and screening waiver request of Mr. Tim Johnson for parcel 33-A-93. It is our desire to not have the buffer and screening installed while the land use on this parcel remains as a church. It is our understanding that the buffer and screening will be installed if this parcel is developed in the future for a B3 District land use. Sincerely, Mr. & Mrs. Charles A. Cooke Cc: Tim Johnson Evan Wyatt, Greenway Engineering