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PC 12-19-01 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia DECEMBER 19, 2001 7:00 P.M. CALL TO ORDER TAB 1) November 7, 2001 ...................................................(A) 2) Committee Reports .............................................. (no tab) 3) Citizen Continents ............................................... (no tab) PUBLIC HEARING 4) Request for Expansion of the Sewer and Water Service Area (SWSA), submitted by Triad Engineering, Inc., to incorporate approximately four acres which are identified with Property Identification Number 53-A-92 and owned by Willow Grove, L.C. The site is bounded by two roads (Route 37 and Merrimans Lane) and the Merrimans Chase subdivision in the Shawnee Magisterial District. (Mr. Lawrence) ..................................................... (B) PUBLIC MEETING 5) Revision to Master Development Plan #02-99 for "The Ravens" (Oakdale III, Raven Pointe, Raven Oaks and Ravenwing). The revisions would affect the project's phasing plan and traffic patterns. This project is located north of Route 50 (Millwood Pike), and is primarily accessed via Inverlee Way. The properties within the project area are identified with parent tract Property Identification Numbers 64-A-113, 64-A-119, and 64-A-117 in the Shawnee Magisterial District. (Mr. Wyatt)........................................................(C) 6) Master Development Plan #03-01 for Shawnee Village, submitted by G. W. Clifford & Associates, Inc., for 64 single-family detached cluster and/or zero lot line dwellings and 64 apartments. This property is located north and adjacent to Tasker Road, west and adjacent to Lakeside Estates and is identified with Property Identification Number 75 -A -86D in the Shawnee Magisterial District. (Mr. Camp) ........................................................(D) 7) Master Development Plan #04-01 for Southern Hills for the development of 225 single- family detached traditional lots. This property is located south of Stephens City, east of Interstate 81; 0.8 miles south of Route 277 (Fairfax Pike on the east side of Town Run Lane/Route 1012), and is identified with Property Identification Number 85-A-138 in the Opequon Magisterial District. (Mr. Camp) ........................................................ (E) 8) Revision to Master Development Plan #01-01 for Westminster Canterbury, submitted by Greenway Engineering, for the addition oftwo single-family units. This property is located at 300 Westminster -Canterbury Drive and is identified with Property Identification Number 53 -A -63A in the Stonewall Magisterial District. (Mr. Lawrence) ..................................................... (F) 9) Subdivision #24-01 For Stonebrook, L.C., submitted by Greenway Engineering, to subdivide a 20.8559 -acre tract into three lots, two single-family lots, and one lot retained for the fitness club. The property is located on the west side of Jones Road (Route 621) ± 500 feet north of the intersection with Stonebrook Road and is identified with Property Identification Number 62-A-51 in the Back Creek Magisterial District. (Mr. Davenport) ....................................................(G) DISCUSSION ITEMS 10) Discussion of Sewer and Water Service Area (SWSA) Expansion South of Fairfax Pike (Route 277) (Mr. Lawrence) ..................................................... (H) 11) Other Page 2 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 November 7, 2001. 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; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick Davenport, Zoning & Subdivision Administrator; Rebecca Ragsdale, Planner I; Jeremy Camp, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - SEPTEMBER 5, 2001 AND OCTOBER 3 2001 Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of September 5, 2001 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of October 3, 2001 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 10/25/01 Mtg. Commissioner Unger reported that the DRRS discussed the zoning ordinance as it pertained to loading spaces and whether or not curb and gutter should be required in those areas. He said that subdivision designs and procedures were also discussed. Frederick County Planning Commission Minutes of November 7, 2001 Page 729 -2 - Historic Resources Advisory Board (HRAB) - 10/16/01 Mtg. Commissioner Morris reported that the HRAB reviewed the application for Jordan Springs to rezone some RA property to B2 with a Historic District Overlay area. Economic Development Commission (EDC) - 11/02/01 Mtg. Commissioner Thomas reported that the EDC discussed their future direction and strategy for attracting business and industry to the area. Sanitation Authority (SA) - 10/16/01 Mtg. Commissioner Fisher said that the SA received a report from Director Wellington Jones who reported an increase in the purchase of water from the City of Winchester due to the low water levels in the quarries as a result of low rainfall. Flow rates at the Parkins Mill Plant were also reported. In consideration of the VDOT rest area projects, the SA reported progress towards obtaining contracts for lines to be run to the rest areas; and finally, a presentation was given of the Fiscal Year 2001 Audit. PUBLIC HEARINGS Continuation or Revocation of Conditional Use Permit 401-01 of Mr. S. Blaine Wilson and Mr. Keith A. Wilson for a Shale Mining Operation. The properties are located at 881 W. Parkins Mill Road and identified with P.I.N. 76-A-137 and 76 -A -137A in the Shawnee Magisterial District. Action - Recommended Continuation with Amendment to Conditions Chairman DeHaven stated that he would abstain from all discussion and voting on this item due to a possible conflict of interest. Chairman DeHaven turned the conduction of the meeting over to Vice Chairman Thomas. Planning Director Evan A. Wyatt stated that the Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #01-01 for S. Blaine Wilson and Keith A. Wilson on July 11, 2001 to allow for a shale mining operation with conditions. Director Wyatt reported that staff had received numerous telephone calls between the dates of October 5, 2001 and October 16, 2001 from citizens within the proximity of the shale mining operation to file formal complaints against the Wilson Shale Mining Operation. He said the complaints pertained to the alleged violation of Condition #3 which prohibited commercial mining operations until an approved VDOT entrance was constructed by the applicants. Director Wyatt reported that Frederick County Planning Commission Minutes of November 7, 2001 Page 730 -3 - staff conducted three site inspections on October 9, 2001, October 12, 2001, and October 16, 2001, and substantiated the complaints by observing trucks hauling shale leaving the Wilson property and proceeding easternly along Airport Road (Rt. 645) to Millwood Pike (Rt. 50 West). Director Wyatt continued, by identifying the minimum entrance standards required by VDOT for this application. Director Wyatt also presented three options that were available to the Commission in the consideration of this issue and in their recommendation to the Board. Mr. Ty Lawson, attorney representing the Wilsons, stated that they are trying to maintain this temporary mining operation that has been ongoing for approximately 14+ years without any incident or reported accident. Mr. Lawson stated that there have been numerous ongoing discussions with representatives of VDOT and at least two civil engineering firms regarding ways to fashion an acceptable VDOT commercial entrance. Mr. Lawson also pointed out that the issue as to whether this is a legally nonconforming use, as approved by the County in 1987, needs to be resolved and a hearing before Judge Prosser is scheduled for December 13, 2001. He said the Court's decision may have a significant impact on any decisions made by the Commission this evening. Mr. Steve Mehiikoff of VDOT stated that he spoke with two engineering firms regarding the possibilities and requirements for Mr. Wilson's commercial entrance, however, at this time, he has not received any real plans on paper that he could officially comment on. Vice Chairman Thomas called for public comments and the following persons came forward to speak: Ms. Tammy Symons of 1937 Airport Road asked that the Commission revoke the Wilson's CUP. She was primarily concerned with the neighborhood children's safety, especially while boarding and exiting school buses. Ms. Simons said the road is too narrow for trucks; she said that one school bus driver reported being run off the road by one of the trucks. Ms. Simons believed it was not likely that Mr. Wilson would get an approved VDOT entrance because he did not have sufficient sight distance and the adjoining property owner will not donate the right-of-way. Mr. Nick Turner of 1810 Airport Road stated that access to the shale pit runs directly through his property and this is where the VDOT entrance needs to be constructed. Mr. Turner believed the Wilson's CUP should be revoked. Mr. Turner requested, however, that if the permit continues, that the conditions include hours of operation. He said that he has witnessed trucks exiting the shale pit at 6:50 a.m. fully loaded. Also, in the interest of safety, Mr. Turner believed the access point on Rt. 644 is the safest in and out of the property. Mr. Herman Fauver of 1915 Airport Road stated that the Board of Supervisors granted Mr. Wilson's CUP on July 11, 2001 with a condition that no commercial mining operation shall occur until a state - approved entrance is constructed. Mr. Fauver reported that the entrance has not been constructed, yet he witnessed trucks hauling shale from October 5, 2001 for 12 days, excluding Saturday and Sunday, and ending on October 22, 2001. Mr. Fauver stated that Mr. Wilson was in violation of his CUP. Mr. Chris Fauver of 1919 Airport Road said the shale pit operation is just below his drive. Mr. Fauver was concerned for the safety of his four children. Mr. Fauver said he would prefer that the entrance to the shale pit come out on Parkins Mill Road. Frederick County Planning Commission Minutes of November 7, 2001 Page 731 -4 - Mr. Bernard Hoogeveen on Airport Road requested that Mr. Wilson's CUP be revoked. Mr. Hoogeveen was concerned about silt pollution being carried from the shale pit all the way to the Chesapeake Bay. Mr. Gary VanMeter, an adjoining property owner at 1544 Airport Road, believed it would be fine for Mr. Wilson to continue with the shale miring operation, if he would have the trucks go out on Parkins Mill Road, which is a much wider and safer road. Ms. Brenda Turner of 1810 Airport Road, stated that it was her driveway that Mr. Wilson was using. Ms. Turner said that she is involved in the pending civil court case over the use of the driveway and whether Mr. Wilson has the right to use the driveway for industrial purposes. Mr. Ty Lawson returned to the podium and stated that the majority of the comments received pertain to the use and those issues have all been addressed by the approval of the CUP. Mr. Lawson said that many of the issues will be resolved by the court hearing on December 13. He also noted that this site is accessed by a recorded right-of-way in favor of the Wilsons alone; the only parties that have the right to use it are the Wilsons. Mr. Lawson believed the only issue for discussion this evening was the entrance. Members of the Commission discussed whether an action should be taken in light of the pending litigation. After some discussion, the Commissioners decided it would be appropriate to make a recommendation to the Board of Supervisors on the CUP while the court case is pending. Vice Chainman Thomas believed that in the past, the Commission has let the applicant continue with their business as long as they were making reasonable progress on the conditions. On the other hand, some of the Commissioners cited credibility issues regarding the applicant's agreement to comply with the conditions at the time of CUP approval, the progress being made on the entrance, and the fact that the applicant was a former Planning Commission member. Another Commissioner didn't believe it would be appropriate to shut a business down, if the applicant is not legally capable of meeting one of the conditions imposed, which in this case, is constructing the state entrance. Members of the Commission discussed the options available to them regarding action. They focused on a revision to Condition #3 of the permit specifying a time requirement for the installation of the commercial entrance and to allow for shale mining and hauling to occur in the interim. The Commission agreed that during that specified time, the Wilsons would have the right to operate off of the property, however, should the Wilsons fail to comply by a specified date, they would either need to use an entrance off of Rt. 644 or the CUP would be revoked. Upon motion made by Mr. Light and seconded by Mr. Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend to the Board of Supervisors a revision to Condition #3 of CUP #01-01, which currently reads, "No commercial mining operation shall occur until an approved VDOT entrance is constructed," be replaced with the statement, "An entrance must be installed, and approved by VDOT, by May 1, 2002; any violation afterwards will result in automatic recommendation of revocation of CUP #01-01." In addition, during that specified time, the Wilsons have the right to operate off of the property; however, should the Wilsons fail to comply by May 1, 2002, they would either need to use an entrance off of Rt. 644 (Parkins Mill Road) or the CUP will be recommended for revocation. Frederick County Planning Commission Minutes of November 7, 2001 Page 732 -5 - The vote on this recommendation was as follows: YES (TO ALLOW CONTINUATION WITH AMENDMENT TO CONDITIONS): Triplett, Thomas, L fight, MorPis, 'Unger NO: Fisher, Kriz, Ours, Watt ABSTAIN: DeHaven Vice Chairman Thomas relinquished the conduction of the meeting back over to Chairman DeHaven. Conditional Use Permit #17-01 of Jordan Springs to establish office space for the County Court Reporters and Court Reporting Consultants (an office use that is of equal or lesser nonconformity than the previous use, Shalom et Benedictus Treatment Center). This property, zoned RA, is located at 1160 Jordan Springs Road and is identified with P.I.N. 44-A-294 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca Ragsdale stated that approval of a conditional use permit on this property may be granted for a use that is of equal or lesser nonconformity than the original use, Shalom et Benedictus Treatment Center, in relation to intensity, type of use, or dimensional requirements. Planner Ragsdale explained that Shalom et Benedictus was the primary user from the early 1970's to 1999 and operated at Jordan Springs with 30-50 employees and residents. She said that the applicant, County Court Reporters and Court Reporting Consultants, proposes to relocate their office to Jordan Springs. She explained that 17 employees ofthe business would relocate to this site and the number of employees is not expected to increase significantly. Planner Ragsdale continued, stating that there are four buildings on the property which include the main hotel building, the administration building, the shop building, and the original house, which the applicant has stated are adequate for the business. Planner Ragsdale reported that the property is served by a septic tank and lagoon and all appropriate Department of Environmental Quality (DEQ) permits are in good standing. She noted that there is substantial natural screening on the sides and rear of the property, which forms a buffer to any future development or agriculture. Planner Ragsdale next read a list of conditions recommended by the staff, should the Commission find the use to be appropriate. Mr. Stephen M. Gyurisin with Triad Engineering came forward and introduced himself and Mr. John Coltin, a representative of the current owners of the property, Missionary Servants of the Most Holy Trinity, and Mr. Greg Aiken and Ms. Toni Wallace with the County Court Reporters, the applicants. Mr. Gyurisin stated that the applicants wish to utilize the property and preserve the unique historic setting. Chairman DeHaven called for public comment and the following persons came forward to speak: Frederick County Planning Commission Minutes of November 7, 2001 Page 733 Mr. Warren Beall, adjoining property owner at 170 Monastery Ridge Road, had concerns about the age and condition of the existing septic system and lagoon on the property and he believed the system should be inspected and upgraded as a condition of the permit. Mr. R. J. Turner, the broker involved with the property transaction, stated that this property has previously been "exempt" because it was owned by religious organizations for a number of years; however, it will become a source of tax revenue for the County, if this business is approved. Mr. David Herd, a resident on Devil's Backbone Overlook, spoke in favor of this use on this particular property because of the intent for historic preservation and incorporation of the historic overlay; he also agreed, however, that the septic system should be inspected. One Commissioner pointed out that a considerable amount of money is being invested by the applicant to operate on a conditional use permit that could be revoked at any time. The representative for the applicant said this is a risk the applicant is willing to take because of the interest in renovating, restoring, and keeping the property intact; he stated that it was the applicant's intention to pursue the rezoning of the property, with a historic district overlay, as soon as possible. Commission members inquired if it would be appropriate to fashion an additional condition to ensure historic preservation of the property until the rezoning and historic overlay could be accomplished. Mr. Gyurisin, the applicant's representative, noted that Condition Number (8) was intended to ensure the maintenance of the existing historic resources by way of requiring a site plan before any construction activities occur on the property. In response to some of the public comments, Mr. Gyurisin said that the property is currently under an active DEQ permit for the sewage system and the applicants intend to maintain a good standing with DEQ. The applicants' representative also concurred with the conditions as recommended by the staff and believed the time frames established were adequate to meet the conditions of the permit. Members ofthe Commission decided that any reference to the preservation of historic structures should be addressed at the time of rezoning and not at the conditional use permit stage. The Planning Commission had no other outstanding issues of concern and believed the use would not negatively impact surrounding areas. Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended approval of Conditional Use Permit # 17-01 of Jordan Springs to establish office space for the County Court Reporters and Court Reporting Consultants (an office use that is of equal or lesser nonconformity than the previous use, Shalom et Benedictus Treatment Center) with the following conditions: 1. All review agency comments shall be complied with at all times. 2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of CUP approval. Frederick County Planning Commission Minutes of November 7, 2001 Page 734 -7 - All parking areas shall be hard surfaced with asphalt and striped. Compliance with these conditions shall occur within 180 days of CUP approval. 4. All vegetation within close proximity of all travel ways serving access to the structures shall be maintained to provide a 15 -foot vertical clearance for emergency vehicle access. All applicable permits shall be obtained from the Department of Environmental Quality for the use and maintenance of the health system. 6. Land use shall be limited to general office with the exception of residential above the shop building. Occupants of the shop building shall be limited to maintenance personnel. 7. One business sign shall be permitted. It should be of monument -type construction and limited to fifty (50) square feet in size or a placard. A site plan shall be approved by Frederick County for applicable site improvements. Any future expansion or structural development shall require an amended site plan. UPDATE OF THE 2002-2003 FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN Action - Recommended Approval Planning Director Evan A. Wyatt presented the update of the 2002-2003 Frederick County Secondary Road Improvement Plan, which is reviewed and renewed annually by the County. Director Wyatt said that the Transportation Committee recommended approval of the plan at their October 2, 2001 meeting. He then proceeded to review the Secondary Road Improvement Plan with the Commission. There were no public comments regarding the plan, however, Commissioner Unger advised staff that a citizen had requested that the segment of Cedar Creek Grade (Rt. 622) between Rt. 37 and Laurel Grove Road (Rt. 629) be moved up in priority on the Major Road Improvement section of the plan. No other issues were raised by the Commission. Upon motion made by Mr. Kriz and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval to the Board of Supervisors for the adoption of the 2002-2003 Frederick County Secondary Road Improvement Plan. Frederick County Planning Commission Minutes of November 7, 2001 Page 735 -8 - Rezoning Application #07-01 of Rutherford's Farm Industrial Park, submitted by Greenway Engineering, to rezone 5.1 acres of RP (Residential Performance) and 149.3 acres of RA (Rural Areas) to 116.7 acres of MI (Light Industrial), 23.2 acres of B2 (Business General), and 14.5 acres of B3 (Industrial Transition). This property is bounded by Interstate 81 on the west and Martinsburg Pike on the east and south, and is identified with P.I.Ns. 43-A-96; 43-A-97; 43-A-98; 43-A-99; and 43-A-111 in the Stonewall Magisterial District. Action - Tabled Chairman DeHaven stated that he would abstain from any discussion and voting on this application because he is an adjoining property owner and there may be a conflict of interest. Commissioner Light said that he will also be abstaining from all discussion and voting on this application because of a possible conflict of interest. Chairman DeHaven next turned the conduction ofthe meeting over to Vice Chairman Thomas. Deputy Planning Director Eric R. Lawrence read the background information and review agency comments. Deputy Director Lawrence stated that the parcels are within the County's Sewer and Water Service Area (SWSA) and the parcels are a component of the Northeast Land Use Plan and the Rt. 11 North Corridor Plan. He said the inclusion of the entire 154.4 -acre tract is proposed to be included in the IA (Interstate Area Overlay) Zoning District. Deputy Director Lawrence pointed out that through the applicant's proffer statement, efforts have been made to recognize the Developmentally Sensitive Areas (DSA); efforts have been made to recognize the significance of the Second Battle of Winchester and the Battle of Rutherford's Farm; various road improvements have been proposed to address projected impacts; and monetary contributions have been proposed for fire and rescue services. He added that there continues to be a number of concerns regarding transportation issues, however, that were identified by VDOT and the staff. Deputy Director Lawrence stated that the staffbelieves the Traffic Impact Analysis was still incomplete and staff was recommending that action on the rezoning be deferred until the Traffic Analysis is presented to VDOT and the staff for review. Mr. Mark Smith of Greenway Engineering came forward to clarify some of the transportation issues raised. First, he discussed the improvements that were planned for Rt. 11. Second, regarding the delay oftheir anticipated improvements to the 317 Interchange, Mr. Smith said the applicant is seeking a contribution for the County to be used for matching funds and since the 317 Interchange is scheduled to be rebuilt, they do not want to make small improvements that would be demolished in the near future. In conclusion, Mr. Smith said he was requesting a tabling of the application this evening, in order to allow time to resolve VDOT's two issues, which were making sure the right -in/ right -out was sufficient and making sure the contribution on 317 was adequate, and he also wanted to get feedback from the public. Commissioner Morris inquired if any impacts from the development were anticipated to I-81 South. Mr. Smith replied that the entire interchange will be affected and the applicant is analyzing the entire study and will designate a monetary contribution towards it for the County to use and direct to VDOT. Vice Chairman Thomas asked for clarification on the transportation proffer dealing with traffic tabulations and traffic generation exceeding 10,000 vehicles per day (VPD). Mr. Smith explained that they Frederick County Planning Commission Minutes of November 7, 2001 Page 736 were proffering to do another study at 10,000 VPD and will bring adjacent roads to a Level of Service (LOS) "C," if their development was the cause. Mr. Thomas also believed that the monetary contribution for fire and rescue services was insufficient. Planning Director Evan A. Wyatt agreed with Vice Chairman Thomas on the transportation proffer dealing with accumulative traffic tabulations and was not sure how ;t would address the LOS as development proceeds. Director Wyatt also recommended that the recycling proffer be tied to the building permits, rather than the certificate of occupancy permits. Vice Chairman Thomas called for public comments and the following persons came forward to speak: Mr. James Stillwell, a resident of the Stephenson area, stated that he was in support of this rezoning; however, he would like to see all of the surrounding properties that are planned for industrial, such as the Carroll and Zuckerman properties, submitted collectively as a master -planned concept. Mr. Stillwell asked the Commission to establish standards that would result in an aesthetically -appealing entrance and development with better landscaping, better architectural standards and a road network. He said that part of the argument that occurred this past year was that residents in the Stephenson area were aware that this 250 - acres of industrial land was available and they were not in favor of having another industrial site (Mid -Atlantic Industrial & Tech Center) across the street. Mr. David Herd, a resident on Devil's Backbone Overlook, voiced concerns about the traffic issues with this development. Mr. Herd said that both he and his neighbors in Stephenson will be voicing their concerns about the traffic problems long before they reach the LOS "C." He believed that the taxpayers, not the developer, will be the ones who pay for the road improvements. Mr. Herd said that he was in favor of this development, but hoped the County would find a way to get developers to pay for improvements that will be needed in the future as a result of the development they created. Mr. Mike Weber, a resident of Stonewall District and owner of property across the road from the proposal, said that he was in favor of the proposed rezoning, but he had numerous issues to bring forward. Some of Mr. Weber's concerns were the need for improved setbacks; limiting what industries are placed closest to residential housing; where the land would be acquired from in order to widen and improve the 81 Intersection; maneuvering of tractor -trailer trucks at the intersection; the potential increase of rail traffic across Welltown Road causing traffic delays on Rt. 11; the need for the County to attract business in order to maintain its tax base; the negative impact of night-time industrial lighting on his greenhouse business; and the size of proposed signs. Mr. R. J. Turner, the broker for this project, said that regarding Mr. Stillwell's comments, he is working with Mr. Carroll in an attempt to get a buyer interested in the larger property on the west side of the railroad tracks. Mr. Turner suggested additional B2 zoning in this particular area to accommodate a shopping mall, which would help the County's tax base. He added that rail -served properties produce higher tax contributions than non -rail properties. Ms. Maxine Williamson, an adjacent property owner, spoke about the terrible traffic congestion that she has been experiencing in this area. Ms. Williamson said that a considerable amount of traffic moves through this area and all of the proposed traffic lights and lanes are a formula for gridlock. Ms. Williamson said this rezoning should only be considered after the expansion of I-81 and after all the other road Frederick County Planning Commission Minutes of November 7, 2001 Page 737 -10 - improvements are planned. She believed the applicant has dismissed the historic significance of the Rutherford's Farm; she said that although this is not a pristine site, several historic battles were fought here. Ms. Williamson said she was opposed to the rezoning. Mr. Charles Drummons, a future resident of Frederick County, believed this area was a good location for industrial development and was in favor of the rezoning. Vice -Chairman Thomas closed the public comments portion of the meeting as there was no one else who wished to speak. In response to the applicant's request for tabling, a motion was made by Commissioner Kriz and seconded by Commissioner Unger to table the rezoning until such time as the staff feels all comments have been addressed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table further consideration of Rezoning Application #07-01 of Rutherford's Farm Industrial Park, submitted by Greenway Engineering, to rezone 5.1 acres of RP (Residential Performance) and 149.3 acres of RA (Rural Areas) to 116.7 acres of M1 (Light Industrial), 23.2 acres of B2 (Business General), and 14.5 acres of B3 (Industrial Transition) until such time as the staff believes all comments have been addressed. (Note: Chairman DeHaven and Commissioner Light abstained from voting.) Rezoning Application #09-01 of the Estate of Naomi Adams Poole, submitted by Triad Engineering, Inc., to rezone 7.6 acres from M2 (Industrial General) to B2 (Business General). The parcels are located on either side of Hood Way, adjacent to Valley Pike (Rt. 11), approximately 2,200' northeast of the intersection of Rt. 11 and Rt. 37, and are identified with P.I.Ns. 63 -A -86B and 63 -A -86C in the Shawnee Magisterial District. Action - Recommended Approval Deputy Planning Director, Eric R. Lawrence, read the background information and review agency comments. Deputy Director Lawrence stated that the parcels are within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) and the rezoning is consistent with the Comprehensive Policy Plan and the Statement of Intent in the Zoning Ordinance. He said the result of the Capital Facilities Impact Model run demonstrated a positive impact to the County and the proffer statement submitted by the applicant provides for the preparation of detailed traffic studies during the site plan stages; the prohibition of entrances onto Valley Pike; and provides for necessary right-of-way along Rt. 11 and Hood Way for road improvements. Deputy Director Lawrence continued, stating that buffers and screening between properties are required which will mitigate the impact to adjoining properties. Mr. Stephen M. Gyurisin of Triad Engineering, Inc. was representing the Estate of Naomi Poole Adams, the owner. Mr. Gyurisin stated that these two properties did not have sewer accessibility until just recently. He said that adjoining property owner, H. P. Hood, Inc., owner of the H. P. Hood dairy processing facility, contributed approximately $200,000 to the Frederick County Sanitation Authority for Frederick County Planning Commission Minutes of November 7, 2001 Page 738 -11 - implementation of the regional sewer system that would serve this part of the County. There were no citizen comments regarding the rezoning. Chairman DeHaven pointed out that although the proffer statement indicates that detailed traffic studies and analysis will be conducted, it does not offer to take any remedial action. Mr. Gyurisin stated that at this point in time, they do not know what the proposed uses will be; however, they would work on the wording of the proffer regarding addressing issues at the site plan stage that may be surfaced by the analysis. No other issues were raised by Commission members. Upon motion made by Mr. Morns and seconded by Mr. Unger, the Commission unanimously recommended approval of the rezoning to the Board. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #09-01 of the Estate of Naomi Adams Poole, submitted by Triad Engineering, Inc., to rezone 7.6 acres from M2 (Industrial General) to B2 (Business General), with proffers. PUBLIC MEETING WAIVER REQUEST FOR LOTS ABUTTING AND HAVING DIRECT ACCESS TO VDOT RIGHTS-OF-WAY, SUBMITTED BY SPACE, L.L.C. Action - Recommended Approval Zoning and Subdivision Administrator, Patrick T. Davenport, presented a waiver request by John C. Lewis of Painter -Lewis L.L.C., representing Space L.L.C., the owners of the parcel containing the Trex Building One, located off North Frederick Pike (Rt. 522N) in the Stonewall Magisterial District. Administrator Davenport stated that the applicant is requesting the waiver of a Subdivision Ordinance requirement, in their pursuit to further subdivide their property, which states that, "All lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by VDOT." Administrator Davenport continued, stating that the proposed subdivision would create two additional lots, Lot 1 and Lot 4; existing Lot 2 is the Bank of Clarke County and Existing Lot 3 is the Funkhouser property, both of which have been just recently subdivided, and the remaining Lot 5 would comprise the existing Trex Center Site. He said that Lot 1 would have state road frontage and direct access as required by the Subdivision Ordinance, however, Lot 4 and Lot 5 would not have the required frontage and access. Mr. John C. Lewis of Painter -Lewis, L.L.C., representing the owners, Space, L.L.C., said the owner desires to market Lots 4 and 5 as separate, legal lots. Mr. Lewis explained the three possibilities available to them in order to create this subdivision: 1) request a waiver from the subdivision requirement for those lots to have direct access to a right-of-way; he explained that the lots front on the Rt. 37 right-of-way, but it's impossible to access that directly; 2) create pipe stem lots within bounds of the ordinance; and 3) to create a public road or VDOT right-of-way; however, the amount of land lost in the right-of-way and setbacks would be financially prohibitive in this case. Mr. Lewis said that obtaining the waiver would maximize the Frederick County Planning Commission Minutes of November 7, 2001 Page 739 -12 - utilization and marketability of the parcel. He added that the access easements created would be a minimum of 27' in width, inside the access easement would be a 24' minimum faced curb of roadway, and the roadways will be designed to VDOT standards. Chairman DeHaven called for public comments, but no citizen came forward to speak. One commissioner asked Mr. Lewis if they were committed to designing the roads to VDOT standards and Mr. Lewis replied that one road has already been constructed to state standards and the other is scheduled to be constructed within the next several months. No outstanding issues of concern were raised by the Commission. Upon motion made by Mr. Thomas and seconded by Mr. Ours, the Planning Commission unanimously recommended approval of the waiver request for both Lot 4 and Lot 5. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval for the waiver of Chapter 144-24, Section C, of the Subdivision Ordinance to allow for the subdivision of Lot 4 and Lot 5, owned by Space, L.L.C. DISCUSSION OF PLANNING COMMISSION BYLAWS AMENDMENT Planning Director EvanA. Wyatt said that the Planning Commission's adopted bylaws require the Commission to consider any potential amendments in November of each year. Mr. Wyatt said that recently, the County adopted a Freedom of Information Act Policy and staff discovered an anomaly between that Freedom of Information Act Policy and the Planning Commission's Bylaws. He pointed out that under 8-2-1, the statement, "the minutes shall not be made available to the public until they are approved by the Commission," should be replaced by the statement, "the minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting." The Commission generally agreed this change was appropriate and agreed to act on the amendment at their first meeting in January. RESOLUTION OF APPRECIATION -WATER SENSITIVE DESIGN WORKSHOP Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Frederick County Planning Commission unanimously adopted a Resolution of Appreciation to the participants and representatives of the October 17, 2001 Water Sensitive Site Design and Development Workshop. Frederick County Planning Commission Minutes of November 7, 2001 Page 740 -13 - Master Development Plan #02-01 of Red Fox Run II, submitted by G. W. Clifford & Associates, Inc. for the development of 66 single-family detached urban lots. This property is located northeast and adjacent to Red Fox Run I, approximately 600' east of Route 522 and 2,400' southwest of Airport Road, and is identified with P.I.N. 64-A-40 in the Shawnee Magisterial District. Action - Recommended Approval with Stipulation Planner Jeremy F. Camp reported that the site is located within the County's Urban Development Area (UDA), and the Sewer and Water Service Area (SWSA), and is a component of the Southern Frederick Land Use Plan. He reported that the applicant's proffers provides a monetary contribution to be allocated to the Fire and Rescue Department, Schools, Parks & Recreation, the Public Library, the Sheriffs Offices, and the County Administration Building. Planner Camp stated that a part of the request proposed by the applicant is a waiver to the woodland disturbance requirement, under Section 165-31B(7), to disturb 50% of the existing woodland areas or 17.70 acres. Planner Camp continued, stating that there are three major concerns identified by the staff regarding the Red Fox Run Master Development Plan: 1) possible lot encroachment into the environmental corridor as designated in the master development plan of the Airport Business Center; 2) who will be responsible for planting, maintaining, and other specifics regarding the applicant's proposed tree replacement plan; and 3) the future preservation of the existing environmental corridor to act as a zoning district buffer between the residential land uses to the south and the light industrial land uses to the north. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., representing the owner, Jeni Company, said that they will remove the specified lots out of the environmental preservation area by revising the MDP before it is forwarded to the Board of Supervisors. Mr. Maddox reviewed the specifics of the tree replacement plan, including planting and maintenance responsibility, tree canopy specifications, and avenues for guarantees and enforcement. He believed the tree replanting plan as a viable solution to the woodlands removal issue. Chairman DeHaven called for public comments, but no one was present to speak. The Planning Commission believed the tree replacement plan (using the tree canopy system) presented by the applicant was a viable solution to the woodlands removal issue and, if properly executed, would go a long way towards accomplishing the goals of the ordinance. Members of the commission requested that the applicant specify that more than one tree species will be used. They were also in favor of allowing the environmental corridor to serve as the required separation buffer between the residential and light industrial land uses. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #02-01 of Red Fox Run II, submitted by G. W. Clifford & Associates, Inc. for Jeni Company, for the development of 66 single-family detached urban lots, contingent on the removal of all lots from the environmental corridor; with modifications to the tree planting schedule as discussed; and with the allowance of the environmental corridor to serve as the required separation buffer between the residential and light industrial land uses. Frederick County Planning Commission Minutes of November 7, 2001 Page 741 -14 - OTHER APPOINTMENT OF MR. JAMES D. STILI -WELT TO TIDE DEVELOPMENT REVIEW REGULATIONS SUBCOMMITTEE Chairman DeHaven formally appointed Mr. James D. Stillwell to serve on the Planning Commission's Development Review and Regulations Subcommittee. Mr. Stillwell accepted the appointment and Chairman DeHaven welcomed Mr. Stillwell to the subcommittee. PLANNING COMMISSION'S MEETING OF NOVEMBER 21, 2001 RESCHEDULED TO MONDAY, NOVEMBER 19 2001, DUE TO THANKSGIVING HOLIDAY Director Wyatt pointed out that the Commission's regularly scheduled second meeting of November (Wednesday, November 21, 2001) falls on the day before the Thanksgiving holiday. The Commission decided that if applications were submitted that needed to be acted on, they would prefer to have the meeting on Monday, November 19, 2001. If no applications were submitted, then the meeting should be canceled. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 7:45 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of November 7, 2001 Page 742 • C • P.O. Box 2397 Winchester, VA 22604 Phone 540-667-9300 FAX 540-667-2260 1L :q Ll December 18, 2001 Mr. Chuck DeHaven, Chairman Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 RE: Planning Commission Agenda - December 19, 2001 - Item Number 4 Request for Expansion of the Sewer and Water Service Area (SWSA) Property ID Number 53-A-92, Shawnee Magisterial District Willow Grove, L. C. Dear Chuck: On behalf of the owners of Willow Grove Farm, I would respectfully request that the Planning Commission table any action for the above referenced item for 90 days or until your March 2002 meeting. The owners of Willow Grove Farm would like the opportunity to explore all development options associated with the proposed Country General Store / Antique Shop / Restaurant Conditional Use Permit associated with this request to extend sewer and water. Thank you in advance for accommodating the owner's request. Happy Holidays. Sincerely, Triad Engineering, In . 6 en M. Gyu isin irecto of Planning nd v lopment Cc: Mr. Evan Wyatt, Director, Frederick County Planning Department Mr. Eric Lawrence, Deputy, Frederick County Planning Department Willow Grove, L.C. - Owners Triad Engineering; Inc. Morgantown p St. Albans ., Logan Greensburg Winchester • Harrisonburg, West Virginia Pennsylvania: Virginia Department of Planning and Development MEMORANDUM TO: Planning Commission FROM: Eric R. Lawrence, Deputy Director l7" RE: Public Hearing - Willow Grove, L.C. SWSA Expansion DATE: December 11 540/665-5651 FAX: 540/665-6395 Staff has received a request from Triad Engineering, agent for Willow Grove, LC., to expand the Sewer and Water Service Area (SWSA) to incorporate approximately four acres of a 156 -acre parcel that is located on the west side of Merrimans Lane (Route 621), east of Route 37. The subject site is presently vacant. The subject site is bounded by two roads (Route 37 and Merrimans Lane), and the Merrimans Chase subdivision. The site is significantly lower than both of the adjacent roadways, and contains a drainage area along the site's northern boundary. Sewer and water service is currently being installed for the adjacent Merriman's Chase subdivision. Merriman's Chase was included in the Urban Development Area (UDA) about five years ago, and the development of single-family residences is currently ongoing. Expansion of the SWSA, rather than the UDA, would enable a business to utilize the public utilities but prohibit additional residential uses. Staff would also note that the site would be impacted by the proposed extension of Jubal Early Drive, as planned for in the Winchester Area Transportation Study (WAIS). The WATS indicates that an interchange for Route 37 and Jubal Early Drive would be located within the vicinity of the subject site. This SWSA expansion request was discussed by the Comprehensive Plans and Programs Subcommittee (CPPS) during their November meeting. The CPPS felt expansion of the SWSA as requested would be inappropriate in light of the WATS and Comprehensive Policy Plan. The CPPS recommended denial of the request. Staff requests that the Planning Commission consider the proposed amendment to the Comprehensive Policy Plan, and forward a recommendation to the Board of Supervisors for final determination regarding this matter. UAEric\Common\CPPS\Willow Grove SWSA Expmsion.PC.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 P -O. Box 23c7 t .: Winchester, VA 22664' Phone 540-667-9300 FAX 540-667-2260 October 31, 2001 Mr. Eric Lawrence, Deputy Director of Planning Frederick County Planning Department !07 North Kent Street Winchester, VA 22601 RE: Willow Grove Conditional Use Permit Tax map 52-A-92 Backcreek Magisterial District, Frederick County, VA Dear Eric: ,�YralJ 171�n�JIvBV�vV in �� -- Booz r As a follow-up to our discussions, please find enclosed material prepared earlier this year for the conditional use permit to establish a country store on the west side of Merrimans Lane. It is my understanding that the Urban Development Area (UDA) or the Sewer and Water Service Area (SWSA) needs to be designated for this property to allow for public sewer and water. This property is zoned Rural Area (RA). Sewer and water is immediately adjacent to this property serving the Menimans Chase subdivision. To construct a home, an allowed use in the RA zoning district, or continue with the CUP process public sewer and water is required. Your approval to extend public sewer and water to this property is requested. Thank you in advance for you assistance with this matter. Sincerely, Triad Engineering, Inc. en M. Gyurisin Director of Planning and Development enclosures: preliminary concept plan, conditional use permit materials, location map cc: Willow Grove, LC - Mr. White, Manager Tri,id Fmj neem(; Inc. 0 a COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Planning Commission FROM: Evan Wyatt, Director RE: The Ravens Master Development Plan Revisions Concerning Traffic Barricades DATE: December 7, 2001 Staff has received a request from G.W. Clifford & Associates regarding the traffic barricades associated with the approved master development plan (MDP) for The Ravens development. Specifically, the applicant has requested a modification to the project's phasing and traffic patterns. The Ravens Master Development Plan (a.k.a. Oakdale III, Raven Pointe, Raven Oaks & RavenWing) was approved by the Board of Supervisors at their July 14, 1999 meeting. This approval enabled the development of 668 single-family lots, and the established phasing and traffic pattern that would restrict vehicular access to the north ( Senseny Road) until the last phase in the project is built. Temporary traffic barriers would be placed at three proposed road connections to restrict the vehicular traffic. The three traffic barricades provided on the approved Ravens MDP were in response to the concern of residents in adjoining subdivisions that the roads in their subdivisions would become more heavily used as a thoroughfare between Senseny Road and Millwood Pike. The barricades were to be maintained until either the last phase of The Ravens MDP was constructed or Senseny Road was improved. Once this final phase was constructed, there would be various routes for vehicular movement minimizing the use of a sole road for cut -through traffic. The applicant has expressed interest in modifying the phasing and traffic patterns. The MDP modifications would accommodate larger lot sizes (15,000 sq. ft. rather than the 12,000 sq. ft. lots). The larger lots would also be built earlier in the project, as opposed to being the final phase. In order to access these particular lots, the applicant proposes to include the extension of Inverlee Way (a Comprehensive Policy Plan major collector road) as the primary road access for this phase. Figure 2 illustrates the proposed phasing scheme. 107 North Kent Street • Winchester, Virginia 226011-5000 Revision to MDP #02-99 Page 2 December 7, 2001 Staff has identified a few concerns with this modification request. 1. Removal of the traffic barricades will enable cut -through traffic. The public should have an opportunity to voice their concerns regarding this MDP modification, as the barriers were initially included on the MDP to appease adjoining residents concern. 2. The residents who have bought into the development expect all lots to be provided with a minimum of curb and gutter, and street lights. Additionally, a majority of the project would also have sidewalks, based on the Zoning Ordinance requirements for lots less than 15,000 square feet. If the lot sizes are increased as requested, these standards would not be required. One identified benefit of the modifications is that Inverlee Way (a Comprehensive Policy Plan Major Collector Road) would be extended to the development's boundary when the next phase in the project is developed. The requested revisions significantly modify the original development as previously approved by the Board of Supervisors. Therefore, it would be appropriate for the Planning Commission to review the proposed revisions, and provide a recommendation to the Board of Supervisors. EAW/ch Attachments O:\Agendas\COMMENTS\MDP's\TheRavensM DP.TrafficBamers. Memo.wpd bi1bert w. difford & associates, ine INCORPORATED 1972 ti Engineers — Land Planners w Water Quality - 'I 1 October 2001 Mr. Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Raven Pointe Traffic & Phasing Plan Revision Dear Eric, Thank you for our several meetings regarding this request. Board of Directors: President: Thomas J. O'Toole, RE - Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R Sutherland, P.E. Ronald A Mslowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price The approved master development plan calls for 3 barricades to remain at points that would restrict through traffic between Senseny Road and Route 50 until the beginning of the last phase (Phase 9) of development or when work is begun by VDOT on the Senseny Road corridor. At the present pace of development it is probable that Section 9 will begin well ahead of improvements to Senseny Road. In planning our project for the best benefit to our residents and because our mix of housing types desired is now clear, we would like to propose a change to the approved phasing and traffic pattern. .",e intent of the barricade requirement was to prevent early extension of the existing streets feeding to aseny Road, and encourage maturity of the roadways connecting to the Route 50 corridor. This desired development sequence has occurred. Connections now have extended to U.S. Route 50 via Inverlee Way, Custer Drive and Ludlow Drive. It is now possible to offer the maximum number of alternative routes between Senseny Road and Route 50. We have also determined that a continuing demand exists for the more expensive (Oakdale Crossing) style lots which must be extended from the Oakdale development to be feasible, Revising the Raven Pointe approved mix to include 15,000 SF lots on curb and gutter will insure a "higher end" housing product which will benefit taxable values of the County. If approved, Raven Pointe would revise to become future sections of Oakdale Crossing. A tenant of safety in traffic engineering is to adjust traffic patterns gradually, allowing trip counts to increase overtime and allowing the traveling public to adjust traffic habits gradually. The proposal on Figure 2 allows for this to happen if all access points are opened at approximately the same time consistent with the opening of Raven Pointe. Another benefit we see is that traffic may even be improved in some ways on Senseny Road, since an alternate traffic route west and south would exist to Oakdale residents as well as to others. This should have a desirable effect on the Cork Street and Greenwood Road corridors. We are concerned that opening all barricades at one time, after build out of RavenWing and Raven Pointe, may contribute to a level of chaos in traffic patterns while traffic adjusts. This "traffic shock" will be much more of an inconvenience than allowing traffic to build gradually. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineer.v Council gilbert w. clifford and associates, inc Page 2 To implement this plan in Figure 2 we intend to build the remainder of inverlee Way as the first phase of Raven Pointe_ We will direct construction tranic to this route to eliminate impacts on Oakdale and Underwood Lane residents. We will maintain the barricades until Phase 5 sitc improvements (roads and utilities) have been complete. The barricades on Underwood and Summerfield Drive would be removed concurrent with the beginning of lot sales. We believe this change is in the best interest of the County and property owners. We therefore request that you forward our proposal to the Planning Commission and Board of Supervisors, asking to allow administrative approval of a master plan revision allowing housing type, phasing and the traffic plan suggested by Figure 2. Sincerely yours, gilbert w. clifford & associates, inc. &W .addox, Jr., oicedent CEXW Enclosure cc_ Glaize Developments Jeni Company VDOT, Edinburg Residency Vr ' v 4i US RVUs' 50 - FIGURE 2 OAKDALE CROSSING Idps �M w. c�fora amoeiates, ine- o :�'`'�°F `""';;)aL water away ^, o PROPOSED PHASING AND TRAFFIC PLAN s 117 E AicacRy St Wmdmder, **ia 22601 FREDERICK COUNTY, WROIN/A Q10VOICE: (540) 667-2139 FNI: (540) 665-0493 EbWI: gwcGff®mnsinc.can J • • PC REVIEW DATE: 12-19-01 BOS REVIEW DATE: 01-09-02 iT ER DEVELOPMENT PLAN #03-01 SHAWNEE VILLAGE LOCATION: The property is located north and adjacent to Tasker Road, west and adjacent to Lakeside Estates MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 75 -A -86D PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Land Use: None ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RA (Rural Areas) District South - Zoned: RP (Residential Performance) District East - Zoned: RP (Residential Performance) District West - Zoned: RP (Residential Performance) District Use: Church and Residential Use: Vacant (Woodlands) Use: Residential (townhouses/apartments) Use: Flood plains and Residential PROPOSED USE: 64 apartments and 64 single-family detached cluster and/or zero lot line dwellings. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The preliminary master development plan for this property appears to have significant measurable impact on Route 642, the VDOT facility which would provide access to the property. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all 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. See attached letter from VDOT to G.W. Clifford & Associates dated 11/26/01. The future need for a multi -lane highway on Tasker Road may require additional right of way from this property. VDOT will consider this issue when a detailed plan is provided It is anticipated MDP #03-01, Shawnee Village Page 2 December 10, 2001 that at least 30 feet of land will need to be acquired from this property to accommodate a multi -lane highway. Sanitation Authority: No comment. Frederick Coun1y Inspections: No comment required at this time. Shall comment at the time of site plan review. Fire Marshal: Parking arrangements do not provide Fire Department access curb cuts with "Fire Lanes" to access between groups of structures for fire control. Two fire hydrants located within 300 feet of all portions of structures with six or more dwelling units per structure. Frederick County Chapter 90. No objection with preliminary plan approval. Layout will need to be modified prior to final master plan and site plan approval. Health Department: The Health Department has no objections as long as adequate sewer and water is provided. Parks and Recreation: Plan appears to meet open space and recreational requirements.. County Engineer: See attached letter dated November 13, 2001 from H. E. Strawsnyder, Jr., Director of Public Works. Airport Authority: The Winchester Regional Airport Authority has no objections to this plan. Planning and Zoning: Location: The 3 8.8909 acres are located in the Shawnee Magisterial District approximately one mile south of Exit 310 and a '/z a mile northwest of the Bowman Library. Accessibility is provided by Tasker Road (Route 642), which is classified as a major collector road. The Opequon Creek and its flood plain runs along the western edge and northern quarter of the parcel. Site History: The original Zoning Map for Frederick County (U.S.G.S. Stephens City Quadrangle) designated this land in the R-2 (Residential General) District. The land was down -zoned from R2 (Residential General) District to A2 (Agricultural General) District on October 8, 1980. The current Zoning Map for Frederick County identifies the property as part of the RP (Residential Performance) Zoning District. Site Suitability The 38.8909 acres are located within the County's Urban Development Area (UDA). Sewer ar water is available to the site. No potentially significant historic resources are identified on thy, property by the Frederick County Rural Landmarks Survey. MDP 403-01, Shawnee Village Page 3 December 10, 2001 Recognized environmental features exist on the site. There are 8.5 acres of flood plains, 9.5 acres of steep slopes, and 7.8 acres of woodlands on the property. The potential development would disturb 0% of existing flood plains, 25% (2.35 acres) of existing steep slopes, and 25% (1.95 acres) of existing woodlands. The proposed disturbance would not violate any of the conditions specified in the Frederick County Zoning Ordinance regarding the preservation of environmental features; 19.64 acres, or rather 50% of the total site area, is dedicated as open space on the plan. Project Scope The preliminary master development plan of Shawnee Village proposes mixed housing types. 13.00 acres is proposed for single-family detached cluster and/or zero lot line dwellings. An additional three acres would be for the development of four apartment buildings and associated parking. 64 dwelling units are proposed for the apartment buildings, bringing the total number of dwellings to 128. This would create an overall gross density of 3.29 dwellings per acre. Several buffers and screens are required for this development. First, the mixing of dwelling units within this development requires an interior residential separation screen between the proposed apartment buildings and single-family dwellings. An interior separation buffer is a 10 -foot -wide landscaped easement that includes a double row of evergreen trees planted no more than eight feet apart. The second required buffer is a road efficiency buffer along the entire Tasker Road frontage. A full road efficiency buffer is 80 feet wide and includes a single row of evergreen trees planted no more than eight feet apart. The applicant appears to be proposing a full distance buffer with a double row of evergreen trees and a berm. The proposed road efficiency buffer should be extended along the entire portion of Tasker Road for the final master development plan. The third buffer required for this development is a perimeter residential separation buffer between the proposed single-family dwellings and the multi -family dwellings located on the adjoining property to the east. The required buffer distance is 200 feet with a landscape screen and 100 feet with a full screen. The applicant will be providing a full screen and 100 feet for the front half of the buffer and a landscape screen and 200 feet for the rear half. Curb and gutter, sidewalks, and street lights would accompany the proposed development. A detailed subdivision design plan would be required for the proposed lots and a site plan would be required for the proposed apartments. Issues (A) Residential Lot Location. In order to provide a thorough review of the proposed master development plan, staff will need the applicant to clarify the location of all types of single-family lots. Normally, this is done prior to approval by the Board of Supervisors. However, the Board of Supervisors has the ability to approve the plan and direct staff to ensure that this issue is adequately addressed during the review of the final master development plan and the subdivision design plan. MDP 903-01, Shawnee Village Page 4 December 10, 2001 (B) Taster Road Improvements. Frederick County's Easter Road Plan, which is part of the 2000 Comprehensive Plan, identifies Tasker Road as an Improved Major Collector Road. Once a detailed plan is submitted to the Virginia Department of Transportation for review, preparation for right of way acquisition can begin. At this stage, it would be appropriate to provide a narrative on the master development plan which describes the intent to dedicate necessary right of way to VDOT at the Subdivision Design Plan and Site Plan stage. STAFF CONCLUSIONS FOR 12-19-01 PLANNING COMMISSION MEETING: The layout of the preliminary master development plan conforms to the requirements of the Frederick County Zoning and Subdivision Ordinances, and is consistent with the County's Comprehensive Policy Plan. All proposed dwelling units are appropriate land uses for the RP (Residential Performance) Zoning District. Several design issues have been identified and should be adequately addressed, along with all issues identified by the Planning Commission, prior to final administrative approval of this master development plan. If the Planning Commission has any concerns regarding the development, it would be appropriate to include them in your recommendation to the Board of Supervisors. . P:\017 ice\Agendas\COM M ENTSUIDP's\Shawnee Vi l l age. wpd COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D_ NOTTINGHAM EDINBURG, VA 22824 COMMISSIONER November 26, 2001 Mr. Ronald r Mislo�,r�sky, P.E., V.P. G. W. Clifford & Associates, Inc. FAX 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 2 6 2001 Ref: Shawnee Village MDP Route 642, Tasker Road Frederick County Dear Ron: JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX(540)984-5607 A VDOT review has been completed on the revised preliminary master development plan dated October 26, 2001 for the referenced project. The revised plan has addressed major VDOT concerns set forth in review comment letter dated August 21, 2001 and your memo dated October 25, 2001. However, we reiterate our concern that existing Route 642, Tasker Road, is already over utilized by current traffic volumes. We need to consider at site plan stage for Shawnee Village, the necessity to construct adequate road laneage, left and right turn lanes to accommodate the site traffic volume access to and from Route 642. If there are any questions, please call. Si ncer , Barry]. Sweitzer Trans. Roadway Engineer RECEIVED- For: ECEIVE For: Steven A. Melnikoff NOV 2 7 2001 Transportation Engineer BJS/rf 117PT, OF PLANNING; DEVELONFAI` xc: Mr. Dave Heironimus C i .Evan Wya WE KEEP VIRGINIA MOVING COUNTY of FREDERICK Department of Public Works 540/F ---5643 FAX: 540A. 0682 November 13, 2001 Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Shawnee Village - Preliminary Master Development Plan Frederick County, Virginia Dear Chuck: We have completed our review of the revised preliminary master development plan for Shawnee Village. Your revisions have addressed a majority of our previous comments especially those related to wetlands and detailed site plans. You have also eliminated the lower main street entrance in favor of a secondary commercial entrance into the proposed apartment parking lot. Even though this secondary entrance will have considerably less traffic than the main entrance road, Nature Drive, it still represents a potential safety problem. The design of two (2) steep downhill curves intersecting at a perpendicular angle will definitely be a challenge. The sight distances should be carefully checked in the field considering the traffic volumes and speeds associated with Tasker Road. Also, consideration should be given to the fact that this section of Tasker Road is susceptible to prolonged periods of icing. We will grant our approval of the revised master plan. However, we reserve the right to perform a detailed review of the final site plan design. In particular, we will carefully review the design of the intersection of Caledon Lane and Tasker Road to insure a safe traffic condition. HES/rls Sincerely, tey trawsnyder, Jr., P.E. Director of Public Works RECOV,r'--D M Frederick County Planning and Zoning 6 i file A:l4hawneevilmd p.com.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 MDP #03-01 Location May) For: Shawnee Vi] PIN: 75 - A - 86D of Planning and Development, 11101, Agray Frederick County, Virginia Master Development Plan Application Packare APPLICATION MASTED DEVELOPMENT PLAN 1. Project Title: Shawnee Village 2. Owner's Name: _David B. Holliday 205 N. Cameron Street _ Winchester, VA 22601 (Please list the names of all owners or parties in interest) 3. Applicant: G.W. Clifford & Associates, Inc. Address c/o Charles E. Maddo Jr. 117 E. Piccadilly Street, Winchester, VA 22601 Phone (540) 667-2139 4. Design Company: G. W. Clifford & Associates, Inc. Address 117 E. Piccadilly Street Winchester, VA 22601 Phone Number (540) 667-2139 Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DE.VE.LOPM NT pi.err 5. Location of Property: 6. Total Acreage: North and adjacent to Tasker Road, west and Adjacent to Lakeside Estates. 3 8.89 Acres 7. Property Information: a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Use: e) Adjoining Property Information: Property Identification North See attached South East West f) Magisterial District: 75 -A -86D RP Vacant 64 SF Detached Cluster and Or Zero Lot Line Apartments Property Uses 8. Is this an original or amended Master Development Plan? Original X 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 a plic Signature: / Date: 1/-1-13'0 ,/ G o✓e'/��.✓c �vF Frederick County, Virginia Master Development Plan Aanlication Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administration Building, 107 North Kent Street. 75 -A -78B Vacant RP 75-A-78 Vacant RP 75 -A -78A Vacant RP 75 -A -86A Residential RA 75 -A -87C Church RA 75B -1-1-D Townhouses RP 75B -1-1-C Townhouses RP 75 -B -1-5-A Townhouses RP 75G-15-1 Open Space RP 75B -1-1A Open Space RP PC REVIEW DATE: 12-19-01 BOS REVIEW DATE: 01-09-02 MASTER DEVELOPMENT PLAN #04-01 SOUTHERN HILLS LOCATION: The property is located south of Stephens City, east of Interstate 81; 0.8 miles south of Fairfax Pike (Route 277) on the east side of Town Run Lane (Route. 1012). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-138 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RA (Rural Areas) District Use: Town of Stephen's City Lagoons South - Zoned: RA (Rural Areas) District Use: Residential; Agricultural East - Zoned: RA (Rural Areas) District Use: Agricultural West - Zoned: RA (Rural Areas) District Use: Agricultural PROPOSED USE: 225 single-family detached traditional lots REVIEW EVALUATIONS: Virginia Dept. of Transportation: The preliminary master plan for this property appears to have significant measurable impact on Routes 277, 1012 and 1085, the VDOT facility which would provide access to the property. Before making any final comments, this office will require a complete set of site plans, drainage calculations, and traffic flow data from the 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. See attached letter dated 11/16/01 from Barry J. Sweitzer, Transportation Roadway Engineer. Sanitation Authority: No comment. Southern Hills, MDP #04-01 Page 2 December 10, 2001 Frederick County Inspections: No comment required at this time. Shall comment on lots at the subdivision review stage. Fire Marshal: Fire lane markings required at all fire hydrants. Plan approval recommended. Frederick Co. -Winchester Health Department: The Health Department has no objections as long as adequate and approved public sewer and water is provided for the lots. County Engineer: See attached letter dated 11/6/01. Winchester Regional Airport: This development does not pose an impact on operations at the Winchester Regional Airport. No objections to this plan. Town of Stephens City: Future I-81 Interchange plan could be impacted by this development or vice versa. The Town will continue to be impacted by traffic flow that is constricted at the stoplight. . Historic Resources Advisory Board: The HRAB offers no comment on, this master development plan. The development area does not impact properties of historic significance. Parks and Recreation: Plan appears to meet the recreational needs of this development. Planning and Zoning: (1) Location The 107.069 acres is located in the Opequon Magisterial District and is approximately 3/4 of a mile south of Exit 307 on Interstate 81. The parcel of land is accessible from Town Run Lane (Route 10 12) via Fairfax Pike (Route 277). Stephens Run, a tributary of the Opequon River, flows along the eastern boundary of the property. (2) Site History The original Zoning Map for Frederick County (U.S.G.S. Stephens City Quadrangle) designated this land in the A-2 (Agricultural General) Zoning District. The A-2 (Agricultural General) zoning classification was modified to RA (Rural Areas) on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The initial location of the county's Urban Development Area (UDA) traversed approximately 23 acres of the 107.069 -acre parcel. The applicant submitted a request to the county to incorporate the entire acreage into the UDA. This request was recommended favorably by the Planning Commission and approved by the Board of Supervisors during their October 25, 2000 meeting. The Frederick County Board of Supervisors approved the rezoning of the property from the RA (Rural Areas) Zonir District to the RP (Residential Performance) Zoning District on July H, 2001. detailed proffer statement accompanied this rezoning. Southern Hills, MDP 404-01 Page 3 December 10, 2001 (3) Site Suitability The subject property is located within the County's Urban Development Area and Sewer and Water Service Area (SWSA). As a result of the rezoning approved on July 11, 2001, residential land development of this nature is a permitted use. The Frederick County Rural Landmarks Survey identifies structures within the proximity of the 105 -acre parcel. None of these structures are identified as potentially significant historic resources. The property contains recognized environmental features such as areas of steep slopes, floodplains, and woodlands. The plan that has been submitted calls for the disturbance of 22.31 % of steep slopes, 0% of floodplains, and 82.86% of woodlands. The Frederick County Zoning Ordinance allows the disturbance of 25% of steep slopes, 0% of floodplains, and 25% of woodlands. Three and '/2 acres, or 3.269%, of woodlands exist on the subject property. This area is located at the southern end of the property. The 107.069 acres are located in an area which is both rural and residential in nature. Adjoining properties include large tracts that are utilized for agricultural purposes and a few large residential lots. Lot .85 -A -139A, just east of the subject property, is presently within the Double Church Agricultural and Forestry District. Residential land uses similar to the proposed subdivision exist to the north, toward Fairfax Pike. (4) Project Scope The applicant has prepared a preliminary master development plan for the development of 225 single-family detached traditional lots, with a minimum lot area of 15,000 square feet. The proposed development would create an overall gross density of 2.10 dwellings per acre. Unlike the other allowed types of RP (Residential Performance) subdivisions, curb and gutter is not a requirement for this development, because the lots will be at least 15,000 square feet in size. The proffer statement to this property adds a number of conditions and requirements to the proposed development. One condition of the proffer statement is that a payment of $4,910.00 will be paid to Frederick County upon receipt of the first building permit for each lot. The money will be allocated to Schools, Parks and Recreation, Fire and Rescue, Public Library, Sheriff s Office, and Administration Building as designated in the proffer statement. The other proffer statements require road improvements to and along Town Run Lane and Stickley Drive; a maximum density of 250 dwellings per acre; the establishment of a preservation and buffer easement; the creation of a lot for the Ewing family cemetery; a statement of notification on all plats and deeds; and payment of $100,000 to VDOT (Virginia Department of Transportation) for the construction of a stop light at Stickley Drive and Fairfax Pike. Southern Hills, MDP #04-01 Page 4 December 10, 2001 The plan is proposed to be developed in three phases. Phase 1 would include 77 dwellings in the center of the parcel. Phase 1 would also include the construction of the proffered Stickley Drive extension and all required road improvements to Town Run Lane. The improvements to Town Run Lane were broken -up into two phases in the associated proffer statement. However, since the applicant is now proposing Suwanee Drive during phase one, all road improvements to Town Run Lane are required during the initial phase of development. Phase 2 of the development would include 67 dwellings on the northern portion of the parcel. Phase 3 would include 81 dwellings located on the southern portion of the parcel. (5) Issues (A) Woodland Disturbance The applicant is requesting a woodland disturbance waiver with this Master Development Plan. The proposed plan shows the disturbance of 82.86% (2.9 acres) of all woodlands. The Frederick County Zoning Ordinance only allows the disturbance of 25% of existing woodlands. In order to compensate for the disturbance of 82.86% (2.9 acres) of existing woodlands, the applicant is proposing to install four staggered rows of trees in the 75 foot buffer located along the southeast property lir. The Frederick County Zoning Ordinance does not provide the possibility for a woodlands waiver if the total site area is less than 25% wooded. Therefore, the requested waiver is inappropriate and should not be even considered because it fails to qualify for a waiver. No more than 25% (.875 acre) of the existing woodlands may be disturbed. The tree planting plan could be kept but is not required by the Zoning Ordinance or proffer statement. STAFF CONCLUSIONS FOR 12-19-01 PLANNING COMMISSION MEETING: The preliminary master development plan depicts appropriate land uses and is consistent with the overall gross density provisions of the Zoning Ordinance and the Comprehensive Policy Plan. The preliminary plan also satisfies the conditions of the proffer statement adequately enough for preliminary approval. After the preliminary plan is modified to allow no more than 25% woodland disturbance, the layout of the plan should satisfy all requirements of the Frederick County Zoning and Subdivision Ordinances. All issues identified by staff in the review of the final master development plan should be adequately addressed during the review process. Likewise, all comments made by other relevant review agencies should be responded to in an appropriate fashion. The Planning Commission should determine if there are additional issues that should be addressed by the applicant when forwarding a recommendation to the Board of Supervisors. P I.ORt ,,,:\,e.da,\COMMENTS\NIDI",\So th—, Hill—pd CHARLES D_ NOTTINGHAM CON,MfSS10NER COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14331 OLD VALLEY" PIKE EDINBURG, VA 22825 November 16, 2001 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Southern Hills Master Development Plan Route 1012, Town Run Road Frederick County Dear Mr. Maddox: JERRY A. COPP RESIDENT ENGINEER TELE (540)986 560D FAX(54C)984 5607 A VDOT review has been completed on the preliminary plan dated July 30, 2001 (received October 19, 2001) for the referenced project. We have forwarded a County Comment Sheet to your office which indicates general approval. However, we have several comments which should be addressed prior to general distribution of the plan. 1. The plan should illustrate a generic chart or typical section for each proposed roadway with volume driven pavement structures. Examples are shown in red on the plan sheet. 2. In the General Development Plan section in items numbered 2, 3, and 4 references in the description go A to B, B to C and C to D in which those lettered items cannot be found on the plan. 3. The general geometric design classification should be shown as "rural". A revision to cover the above comments should be made prior to general distribution. Sinc , Barry J. Sweitzer, Trans. Roadway gineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf xc: Mr. Dave Heironimus Mr. Evan Wyatt WE KEEP VIRGINIA MOVING November 6, 2001 Mr. Charles E. Maddox, P.E. G. W. Clifford and Associates, Inc. 117 East Piccadilly Street Winchester, Virginia 22641 RE: Master Development Plan Comments - Southern Hills Frederick County, Virginia Dear Chuck: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Upon review of the subject master development plan, we offer the following comments: 1) Label the proposed stormwater pond northeast of Appalachian Drive. Also, a pond may be required for the drainage basin located between Kalispell Court and Frontier Court. 2) At the time of the subdivision submittal, the following items shall be addressed: a) A comprehensive stormwater evaluation shall be performed in conjunction with the analysis of the 100 -year flood plain associated with Stephens Run. The existing stream banks located on the property exhibit signs of severe erosion. Ensure that the bed and banks of Stephens Run located on the property are improved and that the areas downstream are not impacted. Provide a comprehensive channel analysis in accordance with minimum standard 19 of the Virginia Erosion and Sediment Control law. b) It will be necessary to submit a comprehensive, phased erosion and sediment control plan at the time of subdivision plan submittal. c) It will be necessary to perform an overall lot grading plan for the entire 107 North Kent Street • Winchester, Virginia 22601-5000 Southern Hills Comments Page 2 November 6, 2001 subdivision. The plan shall include finished floor elevations and final grading elevations for each building lot. d) It will be necessary to submit an as -built plan of the entire drainage system and swales prior to obtaining building permits. We will perform a review of the as - built drawings in conjunction with the overall lot grading plan to ensure compliance with the approved plan. e) Ensure that the drainage flowing toward Route 1012 ('Town Run Lane) at several locations is properly evaluated and that the post -developed stormwater drainage is properly routed. f) As a matter of clarification, it will be necessary to obtain a land disturbance permit prior to clearing any trees or performing timbering operations because the affected area will not be reforested or used for bonafide agricultural uses. Once item number one has been addressed, submit two (2) copies of the master plan for final approval. If you have any questions, do not hesitate to contact me. Sincerely, G�✓ Joe C. Wilder Civil Engineer JCW/rls cc: Patrick Davenport, Frederick County Zoning Administrator file A:\S0M1ERN111LLSxonLwpd SEE � A 131 RITENOUR FARM LP. A t31 Frederick County, Virizinia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: Southern Hills 2. Owner's Name: David B. Holliday (Please list the names of all owners or parties in interest) 3. Applicant: G.W. Clifford & Associates, Inc. Address c/o Charles E. Maddox 117 E. Piccadilly St., Winchester, VA 22601 Phone (540) 667-2139 4. Design Company: G. W. Clifford & Associates, Inc. Address 200 N. Cameron Street Winchester_ VA 22601 Phone Number (540) 667-2139 RECEIVED 1, o v 1 9 2001 -OT OF PLAN NINGIDFVELOPNAP%'- Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN Miles south of Route 5. Location of Property: South of Stephens City, east of Interstate 81.0 8 miles south of Route 277 (Fairfax Pike) on the east side of Route 1012 (Town Run Lane) 6. Total Acreage: 107.0690 Acres 7. Property Information: a) Property Identification Number (PIN): 85-A-138 b) Current Zoning: RP c) Present Use: Vacant & Residential d) Proposed Use: SF -detached Traditional e) Adjoining Property Information: 5F -E: Afl7icgt w Property Identification Property Uses North South East West f) Magisterial District: S. Is this an original or amended Master Development Plan? Original X 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 plana plica ion- S, n_ Signature: Date: Frederick County, Virginia Master Development Plan Application Packaee Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d ,floor of the Frederick County Administration Building, 107 North Kent Street. Parcel ID Number Use Zonin 85-A-59 Agricultural RA 85-A-60 Agricultural RA 85-A-131 A cultural RA 85-A-137 Residential RA 85 -A -137D Residential RA 85 -A -137E Residential RA 85-A-139 Agricultural RA 85-A-141 Local Government RA 85-A-142 Local Government RA ,w -x fS-,+ - iyzA • C C: COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Planning Commission FROM: Eric R. Lawrence, Deputy Director � RE: Westminster Canterbury Master Development Plan Revision DATE: December 4, 2001 540/665-56511 FAX: 540/665-6395 Staff has received a request to revise the Westminster Canterbury master development plan in order to relocate two residential cottages. The cottages would be placed closer to adjoining properties than as identified on the approved master development plan; therefore, staff felt it would be appropriate for the Board of Supervisors to review the project request. The current Westminster Canterbury master development plan was approved by the Board of Supervisors during their May 23, 2001 meeting. This approval enabled the addition of 23 cottages (single and duplex units). During the site planning process to accommodate the cottages, it was determined that two of the cottages would be better relocated to a different area on the property; therefore, the two cottages were removed from the site plan and the site plan was approved for 21 cottages. The approved master development plan provides for the establishment of a 100 -foot residential separation buffer. This buffer is located between the Westminster Canterbury cottages and the adjoining single family properties to the north. The buffer has been established to separate the adjoining properties (single-family residences) from the proposed duplex cottages (multi -family dwelling units). The proposed revisions would place two cottages at the terminus of Elderberry Court, near the property's northern property line. Elderberry Court is currently designed to serve two duplex structures (four residences), with a cul-de-sac at the end. The proposed revisions would place two single-family cottages with driveways at the cul-de-sac. The two proposed cottages could be constructed within 15 -feet of the adjoining property line based on the Zoning Ordinance. The Zoning Ordinance requires the establishment of Interior Residential Screening between the existing duplex units and the two proposed single-family units. The required screening includes the establishment of a 10 -foot easement and the planting of a double row of evergreen trees. The intent of this screening requirement is too lessen the impact of the planned residential units on one another. This separation screening has been illustrated on the revised master development plan. The proposed revisions to the Westminster Canterbury master development plan are in conformance with the Zoning Ordinance. Staff would encourage the applicant to provide a single row of evergreen trees along the property line where the 100 -foot buffer presently exists. This additional planting would minimize any possible impacts generated by the removal of the 100 -foot buffer. Staff requests that the Planning Commission consider the proposed revisions and forward a recommendation to the Board of Supervisors. O \AgendasWOMMFNTS\MDP's\WestminsterRevised . wpd 107 North Kent Street • Winchester, Virginia 22601-5000 PC REVIEW: 12/19/01 BOS REVIEW: 01/09/02 SUBDIVISION APPLICATION '7"r12 &4-01 STONEBROOK, L.C. LOCATION: The property is located on the west side of Jones Road (Route 621) ± 500 feet north of the intersection with Stonebrook Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 62-A-51 PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District; Land Use: Fitness Club ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) and RA (Rural Areas) District; Land Use: Residential and Agricultural SUBDIVISION SPECIFICS: Subdivision of a 20.8559 -acre tract into three lots; Two single- family lots and one lot retained for the fitness club. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for subdivision of this property appears to have little measurable impact on Route 621, the VDOT facility which would provide access to the property. Before development, you will need to contact Mr. Bill Stover, Maintenance Superintendent, at our Stephens City Headquarters at (540) 869-1100 to secure the necessary private entrance permits. Entrances will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. Inspections Department: Buildings shall comply with The Virginia Uniform Statewide Buildin Code and Section 310, Use Group R (Residential) of the BOCA National Building Code/1996. A site grading plan shall be submitted at the time of permit application. Please confirm the location of the 100 -year flood plain per FEMA and note Section 3107, Flood - resistant Construction, if required. Subdivision #24-01, Stonebrook, L.C. Page 2 December 7, 2001 Fire Marshal: Water supplies for fire fighting are not readily available, a dry hydrant installed in Opequon Creek may be beneficial. Plan approval is recommended. Health Department: No objection to request. Public Works: At the time of application for building permits, engineered site plans shall be submitted and a flood plain analysis performed to located the limits of the 100 -year flood plain. Planning and Zonin : Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (§144-12-B). The Master Development Plan (MDP) requirement may be waived, and has been waived for this project, when a development proposal does not include provisions for proposed roads and/or regional stormwater management facilities. This project contains land zoned RP and does not have an approved MDP; therefore, Board review and action is necessary. Staff Review Stonebrook L.C. owns approximately 20.86 acres of land, zoned RP (Residential Performance) in the Back Creek Magisterial District along Jones Road. Stonebrook L.C. wishes to subdivide a portion of their property, creating two new lots of approximately 4.93 acres and 4.15 acres each. The two proposed lots are allowed in the RP District under Chapter 165-65A of the Zoning Ordinance and are categorized as a "Single Family Detached Rural Traditional" housing type. This housing type is permitted to be served by well and septic systems and the applicant has chosen these services for the proposed lots. The subdivision as submitted, generally, satisfies the requirements of the Subdivision Ordinance. STAFF CONCLUSIONS FOR 12-19-01 PLANNING COMNUSSION MEETING: The proposed subdivision plats conform to the requirements of the Subdivision Ordinance. Should further division of these lots be proposed, the applicant will need to request an additional waiver to the County's master development plan requirements. OtWgendaglCOMMENTSISUBDIVISION\Smnebrmk, L,C ubdivision #24 - 01 ovation Map For: bnebrook L.L.C. IN: !-A-51 of Planning and Development,11/01, V 31 Date: 8A;(0) f Appa4e,afrt /Agent : APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Application J-24-101 Fee Paid lt'155. 0.0 r�- Ft�t-T --L M &. Address: . L51 W , N (J!J H -L L -L Ll � bs ( 63 C VA -c -S ie� 2Z G n -z- Phone: , Phone: Owners name: .f'i'b r,3 u--- l' )ajoOIs- L. C Address: Z3 (+'L-. AcO-NJ C -S Phone: Uo Z- _ -7 ,'37 1+Qp Please list names of all owners, principals and /or majority stockholders: % C-%---�N-"c ptlV Cl?--4=n�YS'T NOV 1 5 2001 Contact Person: Phone: `- (o(Z ^ f iT l S '"DT OF PLANNINGIDEVELQWP" Name of . Subdivision: S'ID�.3C�iL. • �- . Number of Lots Total Acreage $S59 Property Location: W IF;;vT 5 t_ OOE ce l— c� o c•12i +�Q l2TE G2.1' 50T.:;. vz6R-T-14 I v Wz (Gi.ve State Rt.#, name, distance and direction from intersection) Magisterial District e>f3CC_ is �lZ �. : Property Identification Number (PIN)) . G2 (( A")) ` 5J N1 P It / Property zoning and present use: K 1 T�'J L=Lru Adjoining property zoning and usec ?p 1 Has a Master Development Plan been submitted for this project? Yes No V If yes, has the final MDP been approved by the Board of Supervisors? Yes No P/g` What was the MDP title? NIA, Does the plat contain any changes from the approved MDP? Yes NoL If yes, specify what changes: Al�gr Minimum Lot size (smallest lot) q7 ? fJ'C-�•�c� Number and types of housing units in this development: Number - 12- l D 4N7`1 6-L, Lo 7 s Types 9 GREENAY ENGINEERING 151 Windy Hill Lane —1 V E D Winchester, Virginia 22602 N O i J 2 7 2001 Telephone 540-662-4185 FAX 540-722-9528 1E:PT OF P� &�n�Innin,LOPMFn' MEMORANDUM TO: FROM: Patrick Davenport RE: Stonebrook Darren Foltz DATE: NOV. 27, 2001 Patrick, Here is a list of adjoining owners for the Stonebrook Project. 62 -A -51A Thomas A. Mpps 236 E. Piccadilly St. Winc. VA 22601 62-A-52 Joan V. Schroeder 2344 Jones Road, Winc VA 22602 62-A-53 John T. Rudolph 2120 Jones Road, Winc. VA 22602 62A-6-1-11 Stephen G. Lobell 2347 Jones Road, Winc.VA 22602 62A-6-1-12 Robert C. Levi 2327 Jones Road, Winc. VA 22602 62A-6-1-13 James M. Doran 2315 Jones Road Winc. VA 22602 62A-6-1-14 Otto Thillman 2299 Jones Road, Winc. VA 22602 62A-6-1-15 Robert B Grove 2285 Jones Road, Winc. VA 22602 62A-6-1-16 Mac S. Rutherford 2247 Jones Road, Winc. VA 22602 62A-6-1-17 James E. Barnett 101 Launchris Dr., Winc. VA 22602 6213-1-1-1 Margaret F. Hobble 102 Stonebrook Rd. Wmc VA 22602 62B-1-1-2 David F. Taylor 100 Stonebrook Rd. Winc VA 22602 62B-1-2-1 Stephen D. Gray 101 Sharon Dr. Winc. VA 22602 62B-1-2-2 Richard V. Reedy 103 Sharon Dr. Winc. VA 22602 62B-1-2-3 Thomas O. Witt 105 Sharon Dr. Winc. VA 22602 6213-1-5-8 Gerre L. Pittenger 200 Greenfield Ave. Winc. VA 22602 Sincerely, Darren S. Foltz Engineers Surveyors Founded in 1971 RECEIVED NOV 2 7 2001 117PT OF PLANNING/0EVELOPMFr RML SUMMS/ON PLAT FOR STONEBROOK, L. C. BACK CREEK 'MAGISTERIAL DISTRICT, FREDERICK COUNTY VIRGINIA AUGUST 6, 2001 7 SIT�� DAY- MAR VILLAGE VICINITY MAP I' = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF STONEBROOK, LC., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORSAND TRUSTEES, IF ANY. . LC__ COMMONWEALTH, OF VIRGINIA CITY /COUNTY F �ilPCfPr/t`GL TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME Tms4iL DAY OF Dffe n he( , 20,aj BY slni Woomat r ou- cc t'YYt no-aer . �skoQLxmk-.L NOTARY PUBLIC K--V-YL4.0. h 14e xo/ MY COMMISSION EXPIRES Fe.VAyaaj SURVEYOR'S CERTIFICATE HEREBY CERTIFY THAT THE LAND CONTAINED IS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO STONEBROOK, L.C., BY DEED DATED DECEMBER 29, 1994, OF RECORD IN THE FREDERICK COUNTY CIRCUIT CO T CLARK'S 0 DEED BOOK 832 AT PAGE 1120. DARREN S. FOLTZ, LS. NOTE: PARENT TAX PARCEL IDENTIFICATION STONEBROOK, L.C. TM 62-((A))-51 20.855 ACRES ZONE: RP USE: FITNESS CLUB APPROVALS: FREDERICK COUN7 SUBDIVISIO ADMINISTRATOR DATE FREDERICK C HEALTH DEPT' REPRESENTATIVE DATE GREENWAY ENGIi EEI;I11:+'a 151 Windy Hill Lane Engineers Winchester, V ginia 22602 Surveyors T& -phone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com TH r �� � O C u ARREN S. FOLTZ 'o,002257 2598H SHEET 1 OF 3 l INF TAR/ F UNE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH DELTA ANGLE L2 403.00' 276.30' S OT07'13" W 270.92' 39'1656" L4 50:00' 103.72' N 15'43 37" W 86.10' 118'5127" [CE4 403.00' 172.41' S 14'30'18" W 171.10' 24'30 46" 60.00' 110.74' S 55'0728" W 95.68' 105'45'06" 5 4Q3QQ' 103.88' S 05'0R'in" F 103.60' 14'46'10" l INF TAR/ F UNE BEARING DISTANCE Ll S 12'2447" E 47.57' L2 N 53'02'25" W 134.03' L3 N 772726" W 94.36' L4 N 4342'28" W 244.08' LS N 46'17'45' W 70.00' L6 N 1J-09'20- E 153.80' LINE BEARING DISTANCE L7 N 30'46'14" E 179.43' L8 N 684349" E 201.85' L9 N 49'06'03" E 89.24' L10 N 21'03 23" E 60.06' L11 1T—J2-J9'.54' E 119.85' 1. NNOT T17LE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY bOST. 2. A PORTION OF THIS SUBDMS/ON LIES WITHIN THE 100 YEAR FLOOD ZONE; MARKED AS 'ZONE A" ON F.I.R.M. PANEL 1510063-0100-8, DATED JULY 17, 1978. 3. PERIMETER BOUNDARY INFORMAITON BASED ON SURVEY OF RECORD. SEE DEED BOOK 565 PAGE 168. LEGEND IRS = 1/2" CAPPED REBAR, SET IRF = IRON REEIAR FOUND DF = DRAINFIELD BRL = BUILDING RESTRICTION LINE ® = POINT IN CREEK LOT 1 = 4.9263 AC. LOT 2 = 4.1471 AC. REMAINDER = 11.7825 AC. TOTAL AREA = 20.8559 AC. HEALTH DEPARMEW NOTE This subdivision is approved for individual onsite sewage systems in accordance with the provisions of the Code of Virginia, and the Sewage Handing and Disposal Regulations (12 VAC 5-610-10 et seq., the Regulations7, (and local ordinances if the locality has authorized the local health department to accept private evaluations for comprance with local ordinances). This subdivision was submitted to the Health Department for review pursuant to g 32.1-163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development The Department is not required to perform a field check of such evaluations This subdivision was certified as being in compliance with the Board of Health's regulations by Karl Evans /10J This subdivision approval is issued in reliance upon that certification. Pursuant to § 360 of the Regulations this approval is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. This subdivision may contain lots that do not have approved sites for onsite sewage systems. This subdivision approval is issued in reliance upon the certification that approved lots are suitable for "septic disposal systems , however actual system designs may be different at the time construction permits are issued. FINAL SUBDIOSION PLAT FOR STONEBROOK, L. C. r BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGiX A U DARREN S. FOLTZ 5 SCALE- NIA I DATE: AUGUST 6, 2001 No.002257 GREEINWAY E N Q I N EEERlNiQj I i� Engineers smchestff, V ginia 226M �qRv su�'�0� x suh'eyars Telephone: (540) 662-4.185 000 FAX (540) 722-9528 Fawded in 1971 www.fflvmwaymg.com 2598H SHEET 2 OF 3 TM 62-((A))-53 ELLA JACKSON RUDOLPH & JOHN T. RUDOLPH IRF WB 83 PG 396 ZONE RA USE- AGRICULTURE �� � � B,� `" `755• I d` N so'60, r11z_1� l tiO e O►7s IRs F � !RS O/RF 5774 70NEHR�K1 La ry�l / i° +WELL 1 ��• DB 832 PG 1120 / LOT2'' • `` �: 0 f 1.7825 4.1471 Aa 0 ,pry/ EX.oWELL 4��� � �' ` til° \ LOT #1 � IRF 43 �C/ �F9 4.9263 AG / P -K /IRS �Y `�? 227 5 / IRS o � � 8DF y v o ao� WELL IRS GA, IRS IRS IRF N J Q�^ 10(�44 Z N� Qi a 200 0 200 � ,o ;C�v I,• p � o= SCALE- 1 A = 200' ADJOINING OWNERS: Q TM 62B-((1))-(2)-1 STEPHEN D. GRAY, ET AL DB 613 PG 754 ZONE RP USE' RES. 7A! 62B-( f)) -(2)-2 RICHARD V. REEDY DB 600 PG 266 ZONE RP USE.• RES. TM 628- 1 -(2)-3 THOMAS 0. WITT, ET UX DB 727 PG 108 ZONE RP USE. RES. 7M 62B-�1)-(5)-B GERRE L. PITTENGER, ET UX DB 795 PG 901 ZONE: RP USE RES. F71ML SUMMON PLAT FOR STONEBROOK, L. C. BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGIN/A SCALE- 1- = 200' 1 DATE. • AUGUST 6, 2001 GREEWWAY ENGINEERWO 151 Lindy HE Lam S= Winchester, Vw0da 22602 Telephone (540) 6624-185 F,4K (540) 722-9528 Founded in 1971 www.greenwayengcom v DARREN S. FOLTZ G No.002257 _q d SURA 2598H SHEET J OF J • • i COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM TO: Planning Commission FROM: Eric R. Lawrence, Deputy Director_ RE: Discussion - Route 277 Area SWSA Expansion 1ATE: November 30, 2001 FAX: 540/665-6395 The Board of Supervisors have directed staff to develop options for the extension of the Sewer and Water Service Area (SWSA) south of Fairfax Pike (Route 277), in the Sherando Park area. This extension is intended to enable existing residences, many of whom have claimed to have failing health systems, to utilize the public water and sewer system. In recent months the Comprehensive Plans and Programs Subcommittee has reviewed, and the Board of Supervisors approved, an extension of the SWSA to enable the Pioneer Trailer Park to utilize the public sewer and water system. As you may recall, Pioneer Trailer Park had made the extension request as the result of a failing lagoon system. A number of the residential properties in the vicinity of the Pioneer facility have also expressed concern with the potential for failing health systems. During the Pioneer Trailer Park discussion, the Board expressed interest in considering the inclusion of some of the adjoining residences in the SWSA. Three alternatives for SWSA expansion were presented to the CPPS. The CPPS felt that none of the three alternative expansions, as presented by staff, were acceptable. The CPPS did respond to the Board's request with the following recommendation: Expand the SWSA to include Sherando High School, Sherando Park, Pioneer Trailer Park, residences on the east side of Hudson Hollow Road, and the Fulton trucking property (Alternative 4). Other than the residences on Hudson Hollow Road, the other properties are already served by the Frederick County Sanitation Authority. Staff will present for discussion four possible alternatives to address the Board of Supervisors' directive. Descriptions of each alternative and maps illustrating the possible expansion areas are attached. 107 North Kent Street • Winchester, Virginia 22601-5000 Alternative 1: Alternative 1 expands the SWSA by approximately 304 acres, and encompasses 42 properties. Of the 42 properties, 17 are currently serviced by public facilities. Staff estimates that 38 structures are located within the proposed extension area. A majority of the acreage included in. Alternative 1 is county owned: Sherando High School and Sherando Park. The proposed expansion would include those properties fronting on Fairfax Pike and White Oak Road. Alternative 2: Alternative 2 expands the SWSA by approximately 380 acres, and encompasses 51 properties. Of these 51 properties, 19 are currently served by public facilities. Staff estimates that 44 structures are located within the proposed extension area. A majority of the acreage included in Alternative 2 continues to county owned: Sherando High School and Sherando Park. The proposed expansion would include those properties generally located north of Brandy Lane, and fronting on White Oak Road. Alternative 3: Alternative 3 expands the SWSA by approximately 1,035 acres, and encompasses 219 properties. Of the 219 properties, 28 are currently served by public facilities. Staff estimates that 100 structures are located within the proposed extension area. The proposed extension area would include those properties located north of Double Church Road and the Lone Oak subdivision. The extension would also include a portion of the Forest Lakes mobile home park. Alternative 4: Alternative 4, recommended by the CPPS. Expands the SWSA by approximately 199 acres, and encompasses 15 properties. Of the 15 properties, 5 are currently served, or have been approved for service, by public facilities. A majority of the acreage included in Alternative 4 is county owned: Sherando High School and Sherando Park (approximately 170 acres). U:\COMMITTEES\CPPS\Projects\SWSA Extension.Rt 277.PC.Discussion.wpd SWSA Extension Alternative 1 (304.182 acres added) UTRUI (zi ozi r*T@'Wil I w i iT-..Tmrz ; I I A E. A w. o rai NO F. re re Me *74 (z 11, [.- I i D35.735 acres added -SVVSA Extension Alternative 4 (CPPB Recommended Ism (199 acres) �� swsa •••••• SWSA Expansion