HomeMy WebLinkAbout05-20 PC Staff Report
MASTER DEVELOPMENT PLAN #05-20
Fairfax Downs
Staff Report for the Planning Commission
Prepared: November 10, 2020
Staff Contact: M. Tyler Klein, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application. It
may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 11/18/20 Pending
Board of Supervisors: 12/09/20 Pending
PROPOSAL: To develop five properties totaling approximately 83.56 acres of land zoned B2
(General Business) and M2 (Industrial General) and RA (Rural Areas) District with commercial,
industrial, and residential land uses.
The RA portion of the site consists of 50.86 acres and is proposed to be developed with a total of 93
single-family detached (SF) urban units. This site is being utilized as a receiving property and will be
applying transferred development rights as permitted by the Transfer of Development Rights (TDR)
ordinance to develop the RA portion of the property with RP (Residential Performance) District
standards. The subject receiving parcel will be utilizing 93 transferred development rights from
eight parcels (73-A-29, 92-A-70B, 60-A-69, 92-A-70A, 60-A-69B, 61-A-13A. 06-A-63, 07-A-2)
which are located in the County’s sending area.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBERS: 86-A-78, 86-A-79, 86-A-80, 86-A-81, and 86-A-82
LOCATION: The subject property is located generally south of Route 277 (Fairfax Pike), generally
east of Route 641 (Double Church Road) and generally west of South Warrior Drive in the Stephens
City area.
PROPERTY ZONING & PRESENT USE:
Zoned: B2 (General Business) Use: Vacant/Office
Zoned: M2 (Industrial General) Use: Garage
Zoned: RA (Rural Areas) Use: Vacant
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North: M1 (Light Industrial) Use: Warehouse/Tractor Truck parking
RP (Residential Performance) Use: Residential
South: RA (Rural Areas) Use: Church/Vacant
East: RA (Rural Areas) Use: School/Vacant
West: RA (Rural Areas) Use: Residential/Vacant
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MDP #05-20, Fairfax Downs
November 10, 2020
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STAFF CONCLUSIONS FOR THE 11/18/20 PLANNING COMMISSION MEETING:
The Master Development Plan for Fairfax Downs depicts appropriate land uses and appears to be
consistent with the requirements of Article III, Transfer of Development Rights (TDR) Program and
Article VIII, Master Development Plan, of the Zoning Ordinance. Following the Planning
Commission and Board of Supervisors review of the MDP, staff will proceed with the severing and
application process for the TDR rights from the sending property to the receiving property and
proceed with approval of the MDP. All issues brought forth by the Board of Supervisors should be
appropriately addressed by the applicant.
It appears that the application meets all requirements. Following presentation of the application to
the Planning Commission and the Board of Supervisors, and the incorporation of your comments,
staff is prepared to move forward with the TDR transfer and approve the MDP.
REVIEW EVALUATIONS:
Virginia Department of Transportation: We have completed our review of the Fairfax Downs
MDP, with a revision date of September 18, 2020. While we have no overall objection to the plan,
we do offer the following comments for County’s consideration:
1. The plans will need to be signed by the engineer for final review/approval.
2. We have agreed to allow the sewer beneath the pavement for this development. This is not desired,
but we are allowing for this particular instance.
3. We respectfully ask for future projects in the County, additional right-of-way and/or easements be
secured early on to allow for all utilities to be located outside of the pavement area.
Please see attached email dated October 13, 2020.
Frederick County Fire Marshal: Approved
Please see attached letter dated March 24, 2020.
Frederick County Inspections: Project shall comply with The Virginia Uniform Statewide
Building Code (USBC). Dwellings (R-5) shall comply with The Virginia Residential 2015 Codes.
Other Codes that apply are the 2015 Virginia Energy.
Grade shall be sloped away from foundations a min 6” in 10’.
Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below
the top elevation of the upstream manhole cover. Dams shall be constructed in sewer trenches where
trench slopes to foundations.
Common area shall be accessible and be located on an accessible route.
Structures placed on Wetlands/Ponds require compaction, engineer design, and approval.
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MDP #05-20, Fairfax Downs
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Engineer Design required on all foundation and/or slabs with greater than 8” fill or 24” clean
sand/gravel. Fill shall be designed and compacted by a Registered Design Professional Foundations
shall be placed on slopes as required per Section R403.1.7.
Engineering on slop stability required. The building official is permitted to require an investigation
and recommendation of a qualified engineer to demonstrate that the intent of this section has been
satisfied. Such an investigation shall include consideration of material, height of slope, slope
gradient, load intensity and erosion characteristics of slope material.
Site plan approved pending receipt of geotechnical soil investigation as required.
Please see attached letter dated March 27, 2020.
Frederick County Public Works: The attached response letter will take care of all of our previous
comments for the MDP Fairfax Downs. Please let me know if you have any further questions.
Please see attached email dated May 8, 2020.
Frederick Water: Frederick Water offers no comments at this time. A more detailed review will be
conducted at the time of site plan submission.
Please see attached letter dated September 11, 2020.
Frederick County Park & Recreation: In regard to the MDP submitted for Fairfax Downs, Parks
and Recreation will look to review and provide comment at the subdivision site plan has, unless a
new MDP is created.
Please see attached email May 5, 2020.
Frederick County Public Schools: Frederick County Public Schools has reviewed the second
submission of the application reference above, submitted to us on July 27, 2020. We offer the
following comments:
1. After discussion with VDOT, County Planning, the Sheriff’s Office, and the
Commonwealth’s Attorney, we have determined that it is possible for us to control traffic
moving through the Warrior Drive/Berkeley Street intersection with two crossing guards. In
order for us to place crossing guards in the intersection, a marked school crossing is needed.
While we realize that a master Development plan is not necessarily the place for such details,
we are asking for a marked school crossing as part of this process. This will address our
vehicular safety concern through that intersection.
2. Provision of separate pedestrian facilities at this intersection will address our pedestrian safety
concerns at the intersection.
Please see attached letter dated August 31, 2020.
Planning & Zoning:
A) Master Development Plan Requirement
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A Master Development Plan is required prior to development of this property. Before an
MDP can be approved, it must be reviewed by the Planning Commission, Board of
Supervisors and all relevant review agencies. Approval may only be granted if the MDP
conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances.
The purpose of the MDP is to promote orderly and planned development of the property
within Frederick County that suits the characteristics of the land, is harmonious with adjoining
property and is in the best interest of the general public.
B) Site History
The subject properties comprising this MDP were not part of any approved Rezoning (REZ)
application. There are no proffers or previously approved development plans. Approximately
50.86-acres of the subject properties are zoned RA (Rural Areas); the Applicant will utilize
the County’s Transfer of Development Rights (TDR) program to develop additional lots with
RP (Residential Performance) District standards. The Applicant has purchased 93 TDR
credits from Sending Area #3 which has a value of 1 residential unit per credit for a total of
93 single-family detached (SFD) units. As noted on the MDP, the Applicant intends to
development single-family detached urban lots, with a minimum lot area of 12,000 square
feet (SF).
C) Site Suitability & Project Scope
Comprehensive Plan:
The 2035 Comprehensive Plan is an official public document that serves as the Community's
guide for making decisions regarding development, preservation, public facilities and other
key components of community life. The primary goal of this Plan is to protect and improve
the living environment within Frederick County. It is in essence a composition of policies
used to plan for the future physical development of Frederick County.
Land Use Compatibility:
The subject parcels comprising this MDP, Fairfax Downs, are located within the County’s
Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA
defines the general area in which more intensive forms of development will occur. In addition,
the property is located within the Southern Frederick Area Plan (SOFRED) of the 2035
Comprehensive Plan. The Plan envisions the subject properties to develop as an urban center
(i.e. the “Sherando Center”). The Sherando Center is envisioned to be “an intensive, walkable
urban area that is well integrated with the surrounding community.
The MDP, as proposed, generally meets the 2035 Comprehensive Plan vision for this area of
the County. The MDP depicts a mix of commercial and residential uses with pedestrian and
vehicle connectivity throughout the development.
Site Access and Transportation:
The transportation sections of the 2035 Comprehensive Plan and the SOFRED Area Plan
identify several transportation improvements within and in the vicinity of the Fairfax Downs
project including: an improved minor arterial roadway (Route 277/Fairfax Pike), an improved
major collector roadway (South Warrior Drive), a new minor collector roadway (Brandy
Lane), and a hiker/biker trail.
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MDP #05-20, Fairfax Downs
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The applicant has proposed with this MDP:
• A 20-foot (FT) right-of-way (ROW) dedication for Route 277/Fairfax Pike
improvements along Land Bay B and Land Bay C (commercial development);
• A variable width (60-80 FT) ROW dedication along the eastern property boundary for
future South Warrior Drive (extended);
• A dedicated 50-FT ingress/egress easement for future Brandy Lane;
• Internal private streets for circulation and inter-parcel connectivity among commercial
land bays; and
• Sidewalks and trails for pedestrian accommodation and circulation including a 10-FT
hiker/biker trail along the east side of existing South Warrior Drive for connectivity
to Sherando High School.
Access to the site is provided directly from Fairfax Pike (Route 277) via Shrewsbury Way
and South Warrior Drive via Berkley Street through internal private streets (as shown on Sheet
4 of the MDP). The Applicant has also coordinated with Frederick County Public Schools
(FCPS) to coordinate the to-be-created intersection of South Warrior Drive and Berkley Street
does not create conflict with ingress/egress to the Sherando High School campus. As indicated
in FCPS comments, this coordinated effort will be on-going through future site plan and
subdivision design phase.
The proposed transportation improvements generally conform to the 2035 Comprehensive
Plan future transportation elements for this area of the County. Future Site Plans and
Subdivision Design Plans will be in conformance with the MDP ensuring the appropriate
transportation improvements are in place to support future development.
Zoning Ordinance:
The site is in general conformance with the applicable Zoning and Subdivision Ordinance
standards for the M2 (General Industrial), B2 (General Business), and RP (Residential
Performance) Zoning Districts. The MDP also addresses the required setbacks (i.e. building
restriction lines) and buffers and screening required by the Code. Site Plans and Subdivision
Design Plans for individual uses within the development will need to be submitted and
reviewed by Frederick County prior to the establishment of the particular uses.
STAFF CONCLUSIONS FOR THE 11/18/20 PLANNING COMMISSION MEETING:
The Master Development Plan for Fairfax Downs depicts appropriate land uses and appears to be
consistent with the requirements of Article III, Transfer of Development Rights (TDR) Program and
Article VIII, Master Development Plan, of the Zoning Ordinance. Following the Planning
Commission and Board of Supervisors review of the MDP, staff will proceed with the severing and
application process for the TDR rights from the sending property to the receiving property and
proceed with approval of the MDP. All of the issues brought forth by the Board of Supervisors should
be appropriately addressed by the applicant.
It appears that the application meets all requirements. Following presentation of the application to
the Planning Commission and the Board of Supervisors, and the incorporation of your comments,
staff is prepared to move forward with the TDR transfer and approve the MDP.
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