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Home My WebLink About004-04 Bean Property - Red Bud - 5 Acres RA to RP - BackfileCASH 003770 0 E Date RCEIPT Received From Address L7 C—)Cq Dollars 7 ACCOUNT HOW PAID L AMT. OF ACCOUNT 1,5_0 CASH -_ 7_7 Z7 lu AMT PAID CHECK:�_- BALANCE MONEY C3 B --DUE ORDER CREDIT A81)❑------ 4,00 b 0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit ` Deed - Plat/Survey - Taxes Paid Statement Impact Model Run DATE S-4,1VApplication received/file opened c� Reference manual updated/number assigned 3 C� D-base updated 3 /10 Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing 3 _ 0 One 81/2" x 11" black and white location map ordered from Mapping 3 • /5.0 f} F-IA - File given to office manager to update Application Action Summary PC public hearing date ACTION: BOS public hearing date ACTION: Signed copy of resolution for amendment of ordinance, with conditions proffered - [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) 7 A Action letter mailed to applicant Reference manual and D-base updated D given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended `� II U \Cuol\Common\tracking rez Revised 05/09/02 . 4 I May 17, 2004 Greenway Engineering Attn: Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #04-04, BEAN PROPERTY Dear Evan: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 12, 2004. The above -referenced application was approved to rezone five (5.0) acres from the RA (Rural Areas) District to the RP (Residential Performance). The subject property is located on Bean's Pond Lane, approximately''/2 mile north of Senseny Road. The site adj oins the Lynnhaven and Sovereign Village Subdivisions, and is identified with Property Identification Number 55-A-208, in the Red Bud Magisterial District. The proffer that was approved as a part of this rezonng application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office ifyou have any questions regarding the approval ofthis rezoning application. Sincerely, Ile'remy F. Camp Planner II JFC/dlw cc: Trustees of the Helen R. Bean Trust Gina A. Forester, Red Bud District Supervisor Jane Anderson, Real Estate Alex Gray, Planning & Development Pat Gochenour and Marie Straub, Red Bud Planning Commissioners 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreenwU Engineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Trustees of the Helen R. Bean Trust Telephone: Address: 561 Bean's Pond Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt Telephone: 662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments ❑ Plat Fees ❑ Deed to Property Impact Analysis Statement Verification of taxes paid ❑ Proffer Statement 9 0 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust 6. A) Current Use of the Property: B) Proposed Use of the Property: Urban Housing 7. Adjoining Property: Residential Single-family Detached PARCEL ID NUMBER USE ZONING 55-((A))-206 Undeveloped (Lynnhaven Subdivision) RP District 65-((A))-39 Undeveloped (Sovereign Village Subdivision) RP District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 5.0-acre site is located on Bean's Pond Lane approximately 1/2 mile north of Senseny Road. The 5.0-acre site adjoins the Lynnhaven and Sovereign Village Subdivisions. 0 Information to be Submitted for Capital Facilities Imt)act Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-((A))-208 Magisterial: Fire Service: Rescue Service 10 11. Red Bud Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook James Wood Senseny Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 5.0 RA District RP District 5.0 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 12 Townhome: Non -Residential Lots: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family Hotel Rooms: • 0 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Date: 'It O Owner(s): Date: Greenway Engineering • November 4, 2003 • Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 BEAN PROPERTY REZONING Tax Parcel 55-((A))-208 Red Bud Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #o -o for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55-((A))-208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 5.0-acre site shall be limited to single-family detached urban lots. B.) Monetary Contribution for County Services The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $3,278.31 for each single-family detached urban lot that is located completely on the 5.0-acre site, or for each single-family detached urban lot that has the majority (more than 50%) of the lot area located on the 5.0-acre site. File #2185R/EAW Greenway Engineering • November 4, 2003 . Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue In addition, the applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia $50,000.00 to cover capital costs associated with Fire and Rescue and/or Public School needs within thirty (30) days of Final Subdivision Plat approval for the residential lots on the 5.0-acre parcel. C.) Monetary Contribution for Traffic Signalization The applicant hereby proffers to provide a monetary contribution of $12,000.00 to Frederick County to be utilized as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The $12,000.00 monetary contribution will be provided to Frederick County within thirty (30) days of written notification that the Virginia Department of Transportation has advised Frederick County that traffic signalization at this intersection has been warranted. D.) Channing Drive Major Collector Road The applicant hereby proffers to develop the portion of Channing Drive that traverses the eastern boundary of the 5.0-acre parcel. Furthermore, the applicant hereby proffers to prohibit any connection to Channing Drive and to provide a continuous road efficiency buffer along the eastern boundary of the 5.0-acre parcel. File 42185R/EAW Greenway Engineering • E.) Signatures November 4, 2003 • Revised February 4, 2004 Revised February 18, 2004 Bean Property Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Respectfully Submitted: By: ��..' ) l 3 I Trustees of the Helen R. Bean Trust / j �e Commonwealth of Virginia, City County f E edew-i c'IL To Wit: The foregoing instrument was acknowledged before me this l 14h day of HOK7, 20 D4-by --/T2C-L 4,<�� Notary Public My Commission Expires Fe.bt�:uj2-(1) ZOO -T- iJO S &+ccv c5 .I nna L.. S40ie-n S File #2185R/EAW REZONING APPLICATION #04-04 BEAN PROPERTY Staff Report for the Board of Supervisors Meeting Prepared: May 3, 2004 Staff Contact: Jeremy F. Camp, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 04/21/04 recommendation of approval Board of Supervisors: 05/12/04 Pending PROPOSAL: To rezone five (5.0) acres from the RA (Rural Areas) District to the RP (Residential Performance) District. LOCATION: The property is located on Bean's Pond Lane, approximately 1/2 mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 55-A-208 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoning: RP (Residential Performancose: Residential South: Zoning: RP (Residential Performancppse: Residential East: Zoning: RP (Residential PerformancPse: Residential West: Zoning: RP (Residential PerformancE)se: Residential PROPOSED USE: Residential, Single -Family Detached Urban Lots REZ #04-04, Bean Property Page 2 May 3, 2004 RLVILW EVALUATIONS: Virginia Dept. of Transportation: The docLunentation within the application to rezone tlis property appears to have a measurable impact on Routes 656 and 659. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Bean Property Rezoning Application dated 02/18/04 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: No concerns with this project. Appears to be consistent with surrounding parcels and land uses. No significant concerns related to fire protection. Frederick -Winchester Service Authority: No comments. County Engineer: A comprehensive review shall be performed with subdivision plan approval and review. We recommend approval of the rezoning. Sanitation Authority: No comment. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, the Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefields located on or adjacent to the property. County Attorney: O.K. Frederick County Public Schools: This letter is in response to your request for comments concerning the rezoning application for the proposed Bean Property fi•om RA to RP. Based on the information included in the application packet, it is anticipated that the proposed 12 single farnily homes will yield a total of eight new students upon build -out. Significant residential growth in Frederick Comity has resulted in the schools serving dis area having student enrollments nearing or exceeding their practical capacity. The cuunulative impact of this proj ect and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accomrrrodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. 0 .7 RGZ #04-04, Bean Property Page 3 May 3, 2004 Frederick County Department of Parks & Recreation: The monetary proffer proposed appears to be appropriate to meet the impact this development will have on the services offered by this department. Winchester Regional Airport: While the elevation ofthis site will not require a 7460-1 to be filed with the Federal Aviation Administration, it does lie within the air space of the Winchester Airport; therefore, properly owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north. As the airport continues to expand services and operation, noise associated with such expansion will likely increase. Even though potential buyers may be aware of the airport's existence, they should be forewarned about aircraft noise and fly -over nuisance from aircraft. Planninn & Zonin 1) Site History The original Frederick County Zoning Map (U.S.G. S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subj ect property and all other A-1 and A-2 zoned land to the RA District. On December 8, 1999 all of the land around the subject 5-acre site was rezoned to the RP (Residential Performance) District under rezoning application # 15-99. Collectively the adjoining land is referred to as the property of the Charming Drive Rezoning, or independently as the Lynnehaven, Giles, and Fu-Shep properties. Planning Sta ff Coinnnent: On March 23, 2004 the Frederick County Board of Supervisors adopted a resolution which enables the three developers of the Channing Drive Rezoning to proceed with Master Development Plan revisions independently of one another. It is expected that the Bean property ivill become part of the revised Lynnehaven master development plan if this rezoning application is approved 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy 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 enviroriment within Frederick Cou ity. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1-1) Land Use The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county • REZ #04-04, Bean Property Page 4 May 3, 2004 where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Comprehensive Policy Plan, p. 6-1, 6-2) The subj ect property is located entirely within the UDA. There are no small area land use plans found in the Frederick County Comprehensive Policy Plan for the site. In accordance with the Frederick County Comprehensive Policy Plan, "any new suburban residential development set ved by sewer and water will have to be located within the UDA." As such, the subject proposal is consistent with this general land use policy. (Comprehensive Policy Plan, p. 6-5) Transportation Significant transportation improvements are planned in the area of the proposed rezoning in the future. This includes improvements to Senseny Road (Route 657), an existing maj or collector road, and the construction of a new maj or collector road that will provide a valuable north -south link in the road network between Valley Mill Road (Route 659) and Senseny Road (Route 657), and ultimately south to Sulphur Springs Road (Route 655). This major collector road is referred to as Charming Drive and is currently under construction on adjacent developments. Channing Drive will be constructed adjacent to the eastern boundary of the Bean Property as part of the future development of the Lynnehaven, Giles, and Fu=Shep properties. 3) Site Suitability The subj ect five -acre parcel does not contain any environmental features or constraints that would either hinder or preclude site development. hn particular, the site does not include any areas of steep slopes, flood plain, or wetlands. There are a few areas of small shrubs and trees on the property; however, there are no significant wooded areas. The General Soil Map of the Soil Survey of Frederick County, Vir inia indicates that the soils comprising the subject parcels fall under the Weikert-Becks soil association. These types of soils are common on land located east of Interstate 81. They present some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. 4) Project Scope If the Bean property is rezoned and later master planned with the Lynnehaven Subdivision, the acreage of the Bean property and the Lynnehaven property would be limited to a maxinnu m residential gross density of 2.5 units per acre, which is the same density proffered with the Lynnehaven property. Approving the requested rezoning of the Bean Property would allow for a more efficient distribution, • is RGZ #04-04, Bean Property Page 5 May 3, 2004 and a potentially higher density of residential units, than would otherwise be possible with its omission fi-om the Lyiuiehaven project. Statistically, the highest number of residential uuuts possible on the five - acre site would be 15 dwellings if master plamzed independently and 12.5 if master planried with the Lyrinehaven Subdivision. The applicant projects that eight lots will be located on the five -acre parcel in majority. 5) Potential Impacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual, 6°i Edition, the proposed rezoning would increase traffic by 9.57 vehicle trips per day per lot. The applicants Impact Analysis Statement projects eight single-family detached urban residential lots being created from the five -acre site. A total of 77 average vehicle trips would be generated by eight single-family dwelling units. This translates to a projected increase in traffic on Senseny Road by 1.48% of the 2002 volume. Planning Staff Comment: There is no guarantee that eight lots will be located on the site in majority. However, there is not a significant difference between eight lots and the statistically possible 15 lots. B. Sewer and Water The Impact Analysis Statement of the applicant states that the proposed development will demand 2,000 gallons of water per day. This assurnes that the projected eight single-farluly dwellings use 250 gallons of water per day. Planning Staff Comment: The Frederick Coctnty Satzitation Atttliority had "no comments" regarding this application. C. Historic Resources Neither the Frederick County Rural Landmarks Survey or the Frederick County Comprehensive Policy Plan identify any potentially significant historic resources on the subject site. 6) Proffer Statement - Dated February 18, 2004 A) Land Use Restrictions. The applicant has proffered to limit development for single-family detached urban lots only. B) Monetary Contribution for County Services. The applicant has proffered to contribute the sum of $3,278.31 for each single-family detached urban lot that has the majority of the lot PJ REZ #04-04, Bean Property Page 6 May 3, 2004 area on the 5-acre site. In addition, the applicant has proffered to contribute the sum of $50,000 within 30 days of Final Subdivision Plat approvals. Planning, Staff Comment: The dollar amount proffered with this rezoning application is the same amount proffea-ed in the Channing Drive Rezoning for the Lynnehaven, L.C. property. A lump sum payment of $50,000 is being paid in addition to the per lot payments to cover projected capital costs associated with Fire and Rescue and/or Public School services. In total, the proffered dollar amount conies close to matching the projected fiscal impact pa-ojected with the Frederick County Capital Facilities Impact Model. Assuming that 8 lots are created on the 5-acre parcel the monetaay contribution would be $76,226.48; whereas, the Frederick County Capital Facilities Impact Model projects a total impact of $77,520. This is a difference of $1,293.52. C) Monetary Contribution for Traffic Signalization. The applicant has proffered to contribute the sum of $12,000 to Frederick County which may be used as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). Payment of this $12,000 will be paid when a traffic light is warranted by VDOT. D) Charming Drive Maior Collector Road. The applicant has provide assurances that the portion of Channing Drive that traverses the eastern boundary of the five -acre parcel will be constructed and that there will be no entrances located directly off of Channing Drive to access the site. PLANNING COMMISSION SUMMARY & ACTION OF 04/21/04 MEETING: There were no citizen comments for this application. Commissioners Straub and Gochenour expressed concern that the worsening of conditions along Senseny Road, especially the increasing impact to Senseny Road Elementary School, was not appropriate, regardless of the relatively limited size of the proposed development. The majority of Planning Commissioners believed that this rezoning request was appropriate. A motion to recommend approval of this rezoning application was passed by majority vote as follows: YES (For Reconznzendation ofApproval): Rosenberry, Triplett, Kriz, Fisher, Ours, Thomas, DeHaven, Morris, Unger, Watt NO: Gochenour, Straub ABSENT: Light REZ #04-04, Bean Property Page 7 May 3, 2004 STAFF CONCLUSIONS FOR 05/12/04 BOARD OF SUPERVISORS MEETING: This Master Development Plan is consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All of the issues identified by the Board of Supervisors should be appropriately addressed by the applicant. The Planning Commission recommended that administrative approval be authorized during their meeting on April 21, 2004. The applicant is seeking authorization of the preliminary master development plan by the Board of Supervisors. The Board's authorization will grant su f with administrative approval authority for the final master development plan. OUTPUT MODULE APPLICANT: Bean Property Net Fiscal Impact LAND USE TYPE Residential Per Costs of Impact Credit: Credits to he Taken for Future Taxes Paid (NP11 Total Potential Adjustment For REAL EST VAL $1,311,000 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE 1 Capital Faciltiies col sum only) OnerCC e uio Expend/DPht S. Taxe,g Other (Unadjlmted) Cost Balance Facilitiespact Dwelling Unit I Fire and Rescue Department $4,890 $0 $0 $4,890 $489 Elementary Schools $42,877 - - Middle Schools $25,222 $7,016 $34,056 $41,072 $29,364 $75,711 $7,571 High Schools $36,975 - - Parks and Recreation $15,350 $3,459 $3.459 $2,473 $12,877 $1,288 Public Library $2,669 $746 $746 $534 $2,135 $213 Sheriffs Offices $1,579 $1,294 $0 $323 $1,617 $1,156 $424 $42 Administration Building $2,027 $0 $0 $0 $2,027 $203 Other Miscellaneous Facilities $2,586 $2,494 $2,753 $5,247 $3,751 $0 $0 SUBTOTAL $134,175 $10,803 $36,809 $4,528 $52,141 $37,277 $96,897 $9,690 LESS: NET FISCAL IMPACT $0 $0 $0 $=0 $=Q NET CAP. FACILITIES IMPACT $96,8971 $9 690 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bai, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 0.533 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 0.715 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues I from the project (actual, or as ratio to avg. for all residential development). I NOTE: Proffer calculations do not include include interest because they are cash payments upfront. Credits do include interest if the projects are debt financed. I NOTES: Model Run Date 07/30/03 JFC Project Description: Assumes 10 Single Family Dwellings 5.0 acres zoned RP District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL 55 A 206 LYNNEHAVEN RP 55 A 208 BEAN RA 85 A 39 MANNING d ROSS DEVELOPERS, LLC RP REZ # 04 - 04 Bean Property PIN: 55 -A - 208 N a+e s 0 200 Feet Greenway Engineering November 4, 2003 • *Bean Property Rezoning Revised February 18, 2004 BEAN PROPERTY REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a five -acre (5.0) parcel owned by the Helen R. Bean, represented by the Trustees of the Helen R. Bean Trust. The subject parcel is located on Bean's Pond Lane, approximately '/z mile north of Senseny Road (Route 657). The 5.0- acre parcel is encompassed by the Lynnhaven development on the northern, western and southern boundaries and by the future expansion of Channing Drive on the eastern boundary. The current zoning is RA, Rural Areas District. The Helen R. Bean Trust proposes to rezone the 5.0-acre parcel to RP, Residential Performance District. Please see the attached Bean Property Location Map. Basic information Location: Magisterial District: Property ID Number: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN Bean's Pond Lane, approximately '/z mile north of Senseny Road (Route 657) Red Bud 55-((A))-208 RA District Residential Single -Family Detached Urban Residential Lots RP District 5.0 acres The proposed site is being developed in conformance with the Comprehensive Policy Plan. The Comprehensive Policy Plan states that suburban residential development will occur within the Urban Development Area (UDA). Senseny Road is designated as a major collector road and has been a developing suburban residential corridor since the inception of the UDA. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. File 1121s5R/EAw 2 Greenway Engineering November 4, 2003 • �ean Property Rezoning Revised February 18, 2004 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcel 55-((A))-208 has access along Bean's Pond Lane. The continuation of Charming Drive will eliminate Bean's Pond Lane as development in Lynmhaven and Sovereign Village progresses. The 5.0-acre parcel will have access through the extension of a planned local subdivision street from the Lynnhaven development. Charming Drive is a planned major collector road; therefore, direct access to the 5.0-acre site on Charming Drive is prohibited. The 5.0-acre parcel will have approximately 830 feet of frontage along Channing Drive. Flood Plains The subject site is located on the FEMA NFIP map #510063-0120-B. The site is located as "Zone C", area outside the 100-year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 37, and contains three soil types: 41C-Weikert Berks Channery Silt Loam 7-15% covers 10% of this site 41D-Weikert-Berks Channery Silt Loam 15-25% covers 80% of this site 41E-Weikert-Berkis Channery Silt Loam 25-60% covers 10% of this site The Weikert Berks Channery Silt Loam soils are not classified as prime farmland soils in Table 5 on page 123 of this document. File 92185R/GAW 3 Greenway Engin• ng• November 4, 2003 • qean Property Rezoning Revised February 18, 2004 B. SURROUNDING PROPERTIES Adjoining propertyzoning and present use: North: Zoned RP District South: Zoned RP District East: Zoned PR District West: Zoned RP District C. TRANSPORTATION Undeveloped (Future Lynnhaven Subdivision) Undeveloped (Future Lymnhaven Subdivision) Vacant (Future Sovereign Village Subdivision) Vacant (Future Lymnhaven Subdivision) It is anticipated that the 5.0-acre parcel will contain the entire lot area, or majority portion of the lot area of 8 single-family detached urban residential lots that are a minimum of 12,000 square feet. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6t1i Edition identifies an average daily traffic rate of 9.57 vehicle trips for single- family detached housing. ITE projections suggest that 77 average vehicle trips will be generated by 8 single-family dwelling units. A residence currently exists on the 5.0-acre parcel; therefore, the net increase in traffic generation volume from the proffered rezoning is projected at 68 vehicle trips per day. The 2002 Virginia Department of Transportation Daily Traffic Volumes identifies 5,200 average daily vehicle trips on this segment of Senseny Road. The proffered number of residential units will increase the average daily traffic volume on Senseny Road by 1.48% of the 2002 volume. The development of the Lymnhaven and Sovereign Village Subdivisions will provide for the construction of Charming Drive, which will connect Senseny Road to Valley Mill Road (Route 659). Additionally, these subdivisions will provide for the development of Farmington Boulevard, which will correct to Greenwood Road (Route 656) to the east. These major collector road networks will be sufficient to accommodate the projected traffic generation from the 5.0-acre parcel. D. SEWAGE CONVEYANCE AND WATER SUPPLY The subject site is anticipated to contain the entire lot area, or majority portion of the lot area of 8 single-family detached urban residential lots that will be served by public water and sewer. A projected water demand of 250 gpd is reasonable for single-family detached housing; therefore, the projected average daily water demand for the 5.0-acre rezoning is 2,000 gpd. The Frederick County Sanitation Authority (FCSA) is currently providing between 3-4 mgd of potable water to Frederick County and can easily accommodate the water demands associated with 5.0-acre parcel. Pile #2185R/GAW 4 Greenway Engin• ng November 4, 2003 • �ean Property Rezoning Revised February 18, 2004 The Greenwood IIeights Sewage Pumping Station currently accommodate sewage flows in the area of the 5.0-acre parcel through a force main that transmits effluent to the Opequon Water Reclamation Facility on Berryville Pike (U.S. Route 7). A regional pump station is being designed for this area of the County that will provide force mains to accommodate and redirect flows from the Greenwood Heights Sewage Pumping Station, the Apple Ridge Sewage Pumping Station, the Burning Knolls Sewage Pumping Station and the U.S. 50 East Sewage Pumping Station to the Opequon Water Reclamation Facility. It is anticipated that the new regional pump station will be on-line within 18 months. A projected sewage conveyance of 200 gpd is reasonable for single-family detached housing; therefore, the projected average daily sewage conveyance for the 5.0- acre rezoning is 1,600 gpd. The Opequon Water Reclamation Facility has a hydraulic capacity of 8.4 mgd; therefore, there is adequate capacity to accommodate the projected average daily sewage conveyance produced by the subject site. E. DRAINAGE The 5.0-acre site drains to the east towards the Opequon Creek. Future development will direct storm water flows to culverts within Chamling Drive to ensure continuity with the overall storm water management plan for the Chamling Drive Master Development Plan. F. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual household impact to landfill volume of 5.4 cubic yards per household. Therefore, the projected average annual impact to the Municipal Solid Waste portion of the Regional Landfill is 43.2 cubic yards for the 5.0-acre site. The Municipal Solid Waste Landfill has a current capacity of 7,800,000 cubic yards, which can easily accommodate the additional solid waste generated by this project. G. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures or sites on or within the proximity of the 5.0-acre parcel. The Comprehensive Policy Plan does not identify this area as a potential historic district, nor does it identify core battlefield areas on or within the proximity of the 5.0-acre parcel. Pile 82185R/EAw 5 0 Greenway Engi1,1ecring November 4, 2003 • �ean Property Rezoning Revised February 18, 2004 H. OTHER IMPACTS A monetary proffer of $3,278.31 has been provided for each residential lot that will be located completely on the 5.0-acre parcel, or if the majority of the residential lot is located on the 5.0-acre parcel. Furthermore, a lump sum monetary contribution of $50,000.00 has been provided to cover capital costs associated with Fire and Rescue and/or Public School needs, which is to be paid within 30 days of Final Subdivision Plat approval. These monetary proffers have been provided to mitigate the impacts to public service capital facilities costs as demonstrated by the Frederick County Capital Facilities Fiscal Impact Model. All impacts associated with the rezoning of the 5.0-acre site have been addressed in this document. ruenaissrvcAw 6 jr REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: 540-662-4185 Address: 151 Windy IIill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Trustees of the IIelen R. Bean Trust Telephone: 540-667-0375 Cell: 540-533-1007 Address: 561 Bean's Pond Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt Telephone: 662-4185 4. Chec1dist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement X X X X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: IIelen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust 6. A) Current Use of the Property: B) Proposed Use of the Property: Urban Housing 7. Adjoining Property: Residential Single-family Detached PARCEL ID NUMBER USE ZONING 55-((A))-206 Undeveloped (Lynnhaven Subdivision RP District 65-((A))-39 Undeveloped (Sovereign Village Subdivision RP District 8, Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 5.0-acre site is located on Bean's Pond Lane, pproximately 1/2 mile north of Senseny Road. The 5.0-acre site adjoins the Lynnhaven and Sovereign Village Subdivisions. • Information to be Submitted for Capital Facilities Impact Model MENERNOM mj In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-((A))-208 Magisterial: Fire Service: Rescue Service: 10. 11. Red Bud Greenwood Greenwood Districts IIigh School: Middle School: Elementary School: Millbrook James Wood Senseny Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 5.0 RA District RP District 5.0 Total Acre age to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: X Townhome: Non -Residential Lots: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family Hotel Rooms: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property Pule at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Date: Owner( ): ,._4,J Date: I ULl Special Limited Power of Attorney . County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name)Trustees of the Helen R. Bean Trust (Phone)540-667-0375 Cell 540-533-1007 (Address) 561 Bean's Pond Lane Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 010011489 on Page 0213 , and is described as Parcel: 55 Lot: 208 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) 540-662-4185 (Address) 151 Windy Hill Lane Winchester/ VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this I H'day of M00-C , 200 4-; Signature(s) ME State of Virginia, City County;of Pu �Gle�ick , To -wit: ,- �1,,L L • Vie( ISO , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and as acknowledged the same before me in the jurisdiction aforesaid this II Rhday of MarcI i, 200 4J My Commission Expires: Notary Public T LJ(15 Co0-in-1(fi0necf a 1400 (c� J—us - A N N N P4 W�4 a5 U a, 'b 0 ro 0 U r-. x -3 9 u w 0 0 zz a 04 H H 010011489 44- THIS DEED made and dated this 1 _ day of August, 2001, by and between HELEN R. BEAN, Widow, hereinafter Grantor, and HELEN R, BEAN and DWAYNE M. BEAN, TRUSTEES OF THE HELEN R. BEAN TRUST UTA DATED JULY 20, 2001, on file at 561 Bean's Pond Lane, Winchester, VA 22602, either of whom may act, hereinafter Grantees. The Grantor desires to convey the hereafter described property to the Trustees of the above -referenced Trust, which the Grantor has established for her benefit. There is no consideration for this conveyance, and this conveyance is exempt from the recording tax in accordance with Virginia Code § 58.1-811 A 12. In consideration of the foregoing, Grantor grants and conveys, with general warranty and English covenants of title, unto the Grantees, all of her right, title and interest in and to the following property: Parcel 1: All of that certain lot or parcel of land, together with the improvements thereon and the rights, rights of way, privileges and appurtenances thereunto belonging, lying and being situate just north of the Senseny Road in Shawnee Magisterial District, Frederick County, Virginia, containing five (5) acres, TOGETHER WITH a right of way of ingress and egress over the 56 foot strip of land between Senseny Road and the southwestern boundary of the lot of land herein conveyed, all as more particularly shown on that certain plat and survey made by Richard U. Goode, C.S., dated April 24, 1961, attached to and by reference made a part of that certain deed whereby Martin L. Bean and Helen R. Bean, his wife, acquired this property as tenants by the entireties with the right of survivorship as at common law, from Susanna F. Schmitt and Robert J. Schmitt, her husband, said deed dated April 29, 1961 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 270 at Page 130. The said Martin L. Bean died October 27, 1986, ere y vesting all o his right, title and interest in said property in Helen R. Bean. 0 Parcel 2: All that certain tract or parcel of land, together with the rights, rights of way and appurtenances thereunto belonging, lying and being situate on the north side of East Leicester Street in the City of Winchester, Virginia, designated as No. 516 East Leicester Street, fronting on said street a distance of 60 feet and extending northward an even width for a distance of 50 feet, being adjoined on the west by an alley and being the western part of Lot 34, Block 2 of Haddox Terrace Addition as recorded in the Office of the Clerk of the Circuit Court of the City of Winchester, Virginia, in Deed Book 38 at Page 476, and being the same property acquired by Martin L. Bean and Helen R. Bean, his wife, as tenants by the entirety, with the right of survivorship as at common law, by deed from Martin L. Bean and Helen R. Bean, his wife, dated September 6, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 195 at Page 701. The said Martin L. Bean died October 27, 1986, thereby vesting all of his right, title and interest in said property in Helen R.. Bean. This conveyance is made subject to all restrictions, conditions and encumbrances of record and contained in the deeds forming the chain of title to the above -described property. As set forth in Virginia Code § 55-17.1, the Trust referenced herein shall not fail, nor shall any use relating to the above -described property be defeated, because no beneficiaries are specified by name herein or because no duties are imposed upon the Trustees. The parties agree, and this conveyance is made upon the express condition, that the Trustees shall have, and are by this deed granted, full power and authority, without the joinder of any person whatsoever, to sell, exchange, lease, encumber, or otherwise dispose of the property interests transferred and conveyed herein, or any part thereof, at one time, or from time to time, and no person dealing with the Trustees shall be required to make further inquiry as to the right of the Trustees so to act, nor shall such person be required to inquire as to the disposition of any proceeds. 2 Ok' Cn The Trustees shall have no individual liability or obligation whatsoever arising from their ownership, as Trustees, of the legal title to said property, or with respect to any act done or contract entered into or indebtedness incurred by them in dealing with said property, or in otherwise acting as such Trustees, except only so far as said Trust property and any Trust funds in the actual possession of the Trustees shall be applicable to the payment and discharge thereof. The terms "Trustee" or "Trustees" as used in this instrument include the singular and the plural, as the case may be, and any successor Trustee or Trustees. WITNESS the following signatures and seals: c11rc1 (2. / ? L � ��1 (SEAL) Helen R. Bean HELEN R. BEAN TRUST U/A DATED JULY 20, 2001 By �c�z t - ft� e�i.� n�.. SEAL) �llelen R. Bean, Trustee By ul 90 62 _(SEAL) twayni M. Bean, Trustee 3 • STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of August, 2001, by Helen R. Bean. My commission expires: 9 3a -,0 _ STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: ,. z , (-Ao Notary Public ` • ' ,Xv a `I vh The foregoing instrument was acknowledged before me this27 -- day of August, 2001 by Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust U/A Dated July 20, 2001, My commission expires: 9 .36 '03 Notary Public ; This instrument prepared (without the benefit of a title examination) by: H. Edmunds Coleman, III, Esquire VIRGINIA- FREDERICK COUNTY, SCI' 12 Rouss Avenue �;. Bryan &Coleman, P.L.C. s instrument of writing was produced to me on Winchester, VA 22601 (540) 665-4366 and ' h certificate of acknowledgement thereto nnexm wa dmitted to record, Ta imposed by Sec. 58,1-802 of S-V� , and 58.1-80I have been paid, if assessable My commission expires April 1, 196l. GivIoder ❑gyp hand this 28th day of February 40-l. NANCY W. GLOVER Notary Public VIRGINIA FREDERICK COUNTY, (SOT. This instrument of writing was produced to me on the 2nd day of May 1961 at 9:15 A. id. and with certificate of acknowledgment thereto annexed was admitted to record. ii 722 x SUSANNA F. SCHMITT, ET VIR TO :: :: Dhhi, k MARTIN L. BEGIN, ET UX �_)( �!-Y,-'.(�(-�-%F�(--x-Jc-x#:�-)f-9i--x=k';i;-x•9FH-K•-%-x--x--x##-3E SF-3F-x--x-#-x-x- j/ THIS DEED made and dated this 29 day of April, 1961, by and �}. between Susanna F. Schmitt and Robert J. Schmitt, her husband, parties of the first; U�. part, and Martin L. Bean and Helen R. Bean, husband and wife, parties of the second Ib�6 part. WITNESSETH: That for and in consideration of the sum of Ten i Dollars ($10.00), cash in hand paid to the said parties of the first part, and I other valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby sell, grant and convey, subject to I the reservation hereinafter described, with general warranty of title, unto Martin L. Bean and Helen R. Bean, husband and wife, as tenants by the entireties with the right of survivorship as at common law, it being expressly intended that the estate, title and interest of the one dying shall pass to the survivor so that the survivor shall be seized and possessed of the fee simple title to said property,, all of that certain lot or parcel of land, together with the improvements thereon j and the rights, rights of way, privileges and appurtenances thereunto belonging, lying and being situate just North of the Senseny Road, in Shawnee Magisterial District, Frederick County, Virginia, about three miles Last of the City of' Win- chester, Virginia, containing five (5) acres, and more particularly described by I the plat and survey hereto attached and made a part hereof, by Richard U. Goode, C. S., dated April 24, 1961, as follows: I "Beginning at (1) an iron peg in the Northwest fence line of j the land of Giles, said point being 196.5-feet Northeast of a post at an angle in i I the property line between Giles and Schmitt, said post being 1992.2 feet Northeast of the Northeast side of Road No. 657; thence with 3 new division lines through the land of Schmitt N 40 deg. 32 min. W 247.2 feet to (2) an iron peg; thence N 49 deg. 32 min. E 800.0 feet to (3) an iron peg; thence S 40 deg. 18 min. E 225.9 i feet to (4) a post in a fence corner; thence with Giles S 41 deg. 17 min. w. 613.2 i ,,feet to (5) a post at an angle in Giles' line; thence with Giles S 68 deg. 40 min. 203.4 feet to the point of beginning, containing 5.0 Acres more or less," being a portion of that larger tract of land conveyed to Susanna F. Schmitt by deed .;,A , V/.. I - -- dated November 27, 1959, from Wilma I. Allen, widow, of record in the Clerk's aUg Office of the Circuit of Frederick County, Virginia, in D ook 260, at page 542 A reference is hereby made to said deed for a more particular description of said tract of land. The said Susanna F. Schmitt expressly reserves for her -self, i her heirs and assigns an easement over and across the lot of land herein conveyed for the drainage of water from the remaining land of the said Susanna F. Schmitt along the natural courses of drainage now existing thereon. The said parties of the first part do hereby grant and convey unto the said parties of the second part, their heirs and assigns, a right of way of ingress and egress over the 56 foot strip of land of the said Susanna F. Schmitt' between the Senseny Road and the Southwestern boundary of the lot of land herein conveyed, as indicated on the plat hereto attached, upon condition that the said parties of the second part, their heirs and assigns, maintain so much of said right .of way strip as may be necessary for their ingress and egress over same until such time as said strip may be improved as a street by the said parties of the first part. The said parties of the first part covenant that they have the ,right to convey said land to said grantees; that said grantees shall have quiet !possession of the same; that they have done no act to encumber said land except as ;hereinabove mentioned; that it is free from all liens and encumbrances except as hereinabove mentioned, and that they will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals hereunto affixed jupon the date first above written: SUSANNA F. SCHMITT (SEAL REVENUE STAMPS * ROBERT J. SCIiMITT (SEAL $10.45 CANCELLED State of Virginia County of Frederick, to wit: I, Ed L. Molden, a Notary Public in and for the County and State aforesaid, do hereby certify that Susanna F. Schmitt and Robert J. Schmitt, her it husband, whose natives are signed to the foregoing writing, bearing date April 29, 1961, personally appeared and acknowledged the same before me in my County and State aforesaid. My commission expires March 27, 1965. Given under my hand this 29 day of April, 1961. (SEAL) ED L. HOLDEN M �q LI C) F- z < (-) V) U) ad z Qo 0 z Lri Z F .0 CI D V) 8 00 Q) w zj D V) 0 U) 0 0 5 LLJ w 0 z LO z cJ < z Ld X _j _j J C\j CO CO LO 0 d Z C� N < 0) 0 The above tract of land, located about 2-2L miles East of Win- chester at the end of a 56, right-of-way leading Northeast from Road No. 657 (Senseny Road) and situate in Shawnee Magisterial District, Frederick County, 1: Virginia, is bounded as follows: Beginning at (1) an iron peg in the Northwest fence line of the land of Giles, said point being 196.5 feet Northeast of a post at an angle in the r)rqZr4j 11 nt befvepT� �% I es qnd sakhi ScM p USt. feat. Nnrthi-,ast of 0(-ru'/ I; the Northeast side of Road No. 657; thence with 3 new division lines through the land of Schmitt N 40 deg. 32 min. W. 24-7.2 feet to (2) an iron peg; thence N 49 deg; �i32 min. E 800.0 feet to (3) an iron peg; thence S 110 de". 18 min. E 225.9 feet to (4) a post in a. fence corner; thence with Giles S 41 deg. 17 min. W 613.2 feet to a, post i(5)/a-� an angle in Giles line; thence with Giles S 68 deg. 40 min. W 203.4 feet to i ! it lithe point of beginning, containing 5.0 Acres more or less. I: RICHARD U. GOODE er-1 i9d Surveyor, April 24, 1961. I' 4066 VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 2nd day of May 1961 at 9:35 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. �-�-x- 7Y 17 2) WILDE ACRES, INC. TO DEED SUSAN E. BEALER T H I S D E E D made and dated the 21st day of September 1959, by and between Wilde Acres, Inc., pasty of the first part, and Susan E. party of the second part. W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the party of the second part to the party of the first part, receipt of which is acknowledged, and other valuable considerations, the party of the first part does hereby grant, sell and convey with general warranty of title unto the said party of the second part, all of its right, title and interest in and to that certain lot or parcel of land described as follows: All of that certain piece or parcel of land lying in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot 23, Block E, it Section 5, Wilde Acres Subdivision, as the same is duly dedicated and recorded among the land records of Frederick County, Virginia, in Deed Book 250, at Page ii 127, and the plat of which is recorded at Page 10, in Wilde Acres Plat Book No. 1. This property is a part of that certain property acquired by the1 party of the first part by deed dated the 20t1a day of May, 1959, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed,; Book 257, at Page 432, from Henry B. Smoot and Dolores J. Smoot, Trustees, pursuant;1 to a forclosure sale under that certain deed of trust executed by the Holiday 1 Development Company on the 12th day of September, 1956, recorded in the aforesaid Clerk's Office in Deed Book 243, at Page 196, to which deeds a reference is hereby made for a more Particular description of the property. The party of the first part covenants that it is seised in fee simple of the land hereby conveyed, that it has the right to convey the said land to the party of the second part, that the party of the second part shall have quiet! AMENDMENT 46 Action: PLANNING COMMISSION: April 21, 2004 - Recommended Approval BOARD OF SUPERVISORS: May 12, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-04 OF BEAN PROPERTY WHEREAS, Rezoning #04-04 of Bean Property, submitted by Greenway Engineering, to rezone 5 acres from RA (Rural Areas) District to RP (Residential Performance) District. The subject property is located on Bean's Pond Lane, approximately 1/2 mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions, and is identified by Property Identification Number 55-A-208 in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on April 21, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 12, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 5 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PD Res #06-04 This ordinance shall be infect on the date of adoption. Passed this 12th day of May, 2004 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler PD Res. #06-04 Barbara E. VanOsten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator t ol AREA TABULATIONS 61LE5 PHASES AREAS PHASE ZONE I RP PROP USE 1 OTS RA OPEN SPACE TOTAL AREA 5.F.NRBAN 21.5 AG 1.4 AG a OF LOTS D N51 Ty 2 RP 3 S.FJURBAN 31.1 AG 1.2 AG 12.0 AG 53 3 AG 90 2.4/AG RP 4 RP 5.FANRBAN 13.1 AG 5.3AC 11.3 AG 31.1 AG qO 2.4/AG 5 B2 5.FARBAN 11.2 AG 25 AG 4.2 AG 15.8 AG 38 35 2.4/AG EKISJGOMG. 12.0 AG - - 12.0 AG _ 3.1/AG TOTAL RES TOTAL • ORO55 AREA QF LOTS 12EN51TY NOTE: 5.q AG OF PHASES 1 1 2 OWNED BY FU-SHEP 144.1 362 2.3/AC LYNNEHAVEN PHASES AREAS PHASE ZONE 6 E32 PROP 15E T5 Rye OPEN SPACE IOTA BU5JGOMG. . 100 AG AR A a OF InTS D NSITI l RIP- R 8 RP - S.F TURBAN AG q.5 A.0 1.6 AG 10.0 AG32.1 48.2 AG - 112 _ S.FA/URBAN 28.0 AC 4.1 AG 1G .8 A 33.2 AG 91 2.3/AC 2.1/AG A TOTAL RES TOTAL M 1 AREA VEN51T1 81.4 AG 203 2.2/AG FUTRAL/SHEPPARD PHASES _ PHASE AREAS jL S W ZQNF q RP PROP Lrz E LOTS RW OPEN 5PAC F TOTAL AREA 5FA)RBAN 32.1 AG 8.2 AG 4q.5 AG » OF OT D NSITY 10 RP 5.F.NRBAN 52.2 AG - q6.5 AG 212 2.2/AC - 52.2 AG 11 2.2/AC TOTALRF5 TOTAL GR055 AREA OF LOTS DENSITY _ 128.7 283 2-2/AC OPEN SPACE Taman ATION REQUIRED (354.2 ACXO.15 = 53.1 ACRES PROVIDED = q5.0 ACRES OR 26.896 ENVIRONMENTAI AREAS POND AREA IN OPEN SPACE = 8.1 ACRES STEEP SLOPE AREA IN OPEN SPACE = 22.4 ACRES TOTAL ENVIRONMENTAL AREA IN 0/5 = 48.q ACRES OPEN SPACE NOT IN ENVIRONMENTAL AREAS = 56.5 ACRES Of IRS SIGNATURE MANNI d -R65s DF I nPFas I_LG ) V �r c 1� LOL REZONING #04-04 -Bean April 21W4 Planning Commission Meeting Prese n Outline I. GREETINGS 0 P / Thank you Mr. Chairman and members of the Planning Commission. C-�� ' `� II SUMMARY The Bean Property Rezoning Application is a petition to rezone 5 acres from the RA District to the RP District. The Bean Property is surrounded by the Lynnhaven and Sovereign Village Subdivisions in the Red Bud Magisterial Districts I4--i-s-approximately % mile north of Senseny Road. Channing Drive, which is currently uylder construction, will ultimately pass along the eastern property line of the parcel. ��&�� e41c�J�rV 17. nlDh. 1) location maXV Opp ILL USTRA TIONS The property is located within the Urban Development Area. There are no known environmental features or historical resources which exist on the property. The applicant has indicated that the intent of this rezoning is to incorporate the S acres into the Lynnehaven Subdivision. This excersise would require a revised master development plan of the Lynnehaven Subdivision. Through a master development plan revision, the Lynnehaven Property and the Bean Property would comply with the 2.5 residential units per acres which were proffered through the Lynnehaven Property rezoning. Designing the development in this manner would allow for more residential units overall, but not necessarily a higher gross residential density. vg� Capital Facility Impacts are projected b the Frederick County Capital Facilities Impact p Y p p .1 Y ty p� p J�jvg Model to be $9, 690 per lot. The applicant has tQ1 0 y proffered to contribute $3,278.31 per lot, which is the same amount proffered per lot for the Lynnehaven Subdivision. In addition, the applicant is proffering a lump sum contribution of $50, 000 to Frederick County for capital facility impacts and a $12, 000 contribution to help pay for i --th installation of a traffic light at the intersection of Greenwood Road and Valley Mill . f( � oallon-monetary proffers include the voluntary restriction of all uses other than O,s single-family detached urban dwellings; assurance that Channing Drive will be 51 eol constructed along the eastern boundary of the parcel; and restriction of any entrances off of Channing Drive. Access will come from local roa&a si-through the Lynnehaven Subdivision. TT I -IT "QTXT!'' 1D7, na A DTrc The applicant should be prepared to address all of staff's concerns, and any other concerns identified, to the satisfaction of the Planning Commission prior to a recommendation to the Board of Supervisors. I would be glad to answer any questions that you may have. El N � �� Vk IV 9.0.4 - AMENDMENT Action: PLANNING COMMISSION: April 21, 2004 - Recommended Approval BOARD OF SUPERVISORS: May 12, 2004 19 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-04 OF BEAN PROPERTY WHEREAS, Rezoning #04-04 of Bean Property, submitted by Greenway Engineering, to rezone 5 acres from RA (Rural Areas) District to RP (Residential Performance) District. The subject property is located on Bean's Pond Lane, approximately '/z mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions, and is identified by Property Identification Number 55-A-208 in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on April 21, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 12, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 5 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PD Res #06-04 • • This ordinance shall be in effect on the date of adoption. Passed this 12th day of May, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. VanOsten Aye Gina A. Forrester Nay Gary Dove Aye W. Harrington Smith, Jr. Aye Bill M. Ewing Aye Lynda J. Tyler Aye A COPY ATTEST Jo . Riley, Jr. Freckerick County A ministrator PD Res. #06-04 Greenway Engineering November 4, 2003 Revised February 4, 2004 Revised February 18, 2004 Prelimingxy Matters BEAN PROPERTY REZONING Tax Parcel 55-((A))-208 Red Bud Magisterial District of the Code of Virginia, Zoning Ordinance with zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #o -o for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terns and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55-((A))-208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant here detached urban lots. B.) Monetary Contribution for County Services The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $3,278.31 for each single-family detached urban lot that is located completely on the 5.0-acre site, or for each single-family detached urban lot that has the majority (more than 50%) of the lot area located on the 5.0-acre site. Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue In addition, the applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia $50,000.00 to cover capital costs associated with Fire and Rescue and/or Public School needs within thirty (30) days of Final Subdivision Plat approval for the residential lots on the 5.0-acre parcel. C.) Monetary Contribution for Traffic Signalization The applicant hereby proffers to provide a monetary contribution of $12,000.00 to Frederick County to be utilized as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The $12,000.00 monetary contribution will be provided to Frederick County within thirty (30) days of written notification that the Virginia Department of Transportation has advised Frederick County that traffic signalization at this intersection has been warranted. D.) Charming Drive Major Collector Road The applicant hereby proffers to develop the portion of Charming Drive that traverses the eastern boundary of the 5.0-acre parcel. Furthermore, the applicant hereby proffers to prohibit any connection to Channing Drive and to provide a continuous road efficiency buffer along the eastern boundary of the 5.0-acre parcel. File 42185R/EAW 2 Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Trustees of the Helen R. Bean Trust ate Commonwealth of Virginia, City County f Eneciew-i o1 To Wit: The foregoing instrument was acknowledged before me this I Rh day of IAOV�.k 20 Eby Notary Public My Commission Expires Fe.b►",Uv2 2-17 7C,C -�- l cfs CZ- ! 06cul (2S i-irlo-L S�er 41e;-)S File 92185R/EAW Greenway Engineering November 4, 2003 • Bean Property Rezoning BEAN PROPERTY REZONING Tax Parcel 55-((A))-208 Red Bud Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55-((A))-208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 5.0-acre site will be limited to twelve (12) single-family detached urban lots. B.) Monetary Contribution to Offset Impact of Development The undersigned 'owners of the above -described property hereby voluntarily proffer that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $9,690 for each single-family detached urban lot that is located completely on the 5.0-acre site, or for each single-family detached urban lot that has the majority of the lot area located on the 5.0-acre site. File #2185R/EAW Greenway Engineering — November 4, 2003 • Bean Property Rezoning C.) Generalized Development Plan The applicant hereby proffers to provide a Generalized Development Plan for the 5.0- acre parcel that depicts the location of Charming Drive, road efficiency buffer areas, residential land use areas and state maintained road access. The Generalized Development Plan shall serve as the guide for the Subdivision Design Plan for this acreage. D.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Trustees of the Helen R. Bean Trust Commonwealth of Virginia, City/County of The foregoing instillment was acknowledged before me this Notary Public My Commission Expires • Page 1 of 1 candice mills From: Jeremy F. Camp Dcamp@co.frederickma.us] Sent: Wednesday, July 30, 2003 11:54 AM To: candice mills Subject: Re: Bean Property Hi Candice: Hope things are going well for you! As you requested, I've attached the OUTPUT for the County's 2002 Fiscal Impact Model with this email. It is saved in Lotus 123 format. The net cost per dwelling unit is projected to be 9,690 dollars. I look forward to reviewing a preliminary submission of this rezoning application. -Jeremy candice mills wrote: Hi Jeremy, Can you run the Fiscal Impact Model on the Bean property for 101ots. The PIN# for this property is 55-A-280 and it is 5.0 acres. It is in the Red Bud Magisterial District and is served by the following: * Greenwood Volunteer Fire and Rescue Company * Senseny Road Elementary School * James Wood Middle School * Millbrook High School When your done could you please e-mail me the results. Thank You, Candice Mills 7/31/2003 O� �rn z (S' rn zn D =' � O rn z z w HEATH COURT EXTENSION, � % - - - 0 0 0 o M D GENERALIZED DEVELOPMENT PLAN rn m cn D ti - Z o Z W F1 11 m < BEAN PROPERTY REZONING 0 < a LA A rn A RED BUD MAGISTERIAL DISTRICT x N W FREDERICK COUNTY, VA z N Cl z m m D m T z d GREENWAY ENGINEERING 151 Windy Hill Lone Fronded in 1971 Winchester, virginio 22602 Engineers Telephone 540-662-4185 Surveyors FAX 540-722-9528 OR DEVELOPMENT, LLC. 446 FROMANS RD WINCHESTER, VA 22602 PAY TO THE ORDER 0 1131 68-251/514 DATE 1,)LU(I . 1 0' I -DOLLARS BANK of rCum COUNTY 62S E. JUBAL EARLY DR., WI.C.E.IER, IA .1 FOR - 11600 1 L 3 1110 l:05L4025l81: 1163 LOS 113111 1 1; )_ _�Axyvl LYL c'_c CO N Y of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 9, 2004 Q R Development, LLC 36 Ricketts Drive Winchester, Virginia 22601 RE: Bean Property Rezoning, REZ #04-04 Contributions Towards Traffic Signal Property Identification Numbers (PIN) 55-A-208 Dear Denver: When Rezoning #04-04 for the Bean Property was approved by the County on May 12, 2004, the applicant had proffered a monetary contribution towards the installation of a traffic signal. In reviewing both County and VDOT records, it appears that the contribution has not yet been paid for your project. VDOT has determined that a traffic signal at the intersection of Greenwood and Valley Mill Roads is now warranted; therefore, receipt of your proffered contribution is now requested. More specifically, the proffered conditions associated with the Bean Property rezoning, in terms of the cash contribution identified in item (C), states : "The applicant hereby proffers to provide a monetary contribution of $12,000 to Frederick County to be utilized ... the installation of traffic signalization...". The County requests that this $12,000 contribution be made payable to the "Frederick County Treasurer", and be submitted to the Frederick County Planning Department. Thank you for your attention to this matter. Please contact me should you have additional questions. Sincer y, Eric . Lawrence, AICP Planning Director cc: ___-Jerry Cop, Virginia Department of Transportation ERL/bad 107 North Kent Street • Winchester, Virginia 22601-5000 a M COL TTRY!AFEREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 December 2, 2003 Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Bean Property Rezoning Dear Evan: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, the Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefields located on or adjacent to the property. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, )-a Rebecca Ragsdale Planner I :_ NOMI 107 North Kent Street • Winchester, Virginia 22601-5000 r Rezoning Comments • t.ss.,+,�,w.t;,�m�...>..a�sF� X�. Historic Resources Advisory Board Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 4`h Floor 107 North Kent Street Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane, approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions. Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Advisory Board Comments: FArld-11m, MINIM Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant COUNT of TREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 November 14, 2003 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Review Comments for Bean Property Rezoning Property Identification Numbers (PIN) 55-A-208 Dear Evan: Thank you for providing me with the opportunity to review the preliminary rezoning application for the proposed development referred to as Bean Property Rezoning. Staff s review comments are listed below for your consideration. 1) Owner's Telephone Number. Please provide the property owner's telephone number on the rezoning application. 2) Power of Attorney. Please complete the attached power of attorney form. 3) Deed and Plat. Please provide a copy of the most recently recorded deed and plat or survey of the 5.0 acre parcel. 4) Verification that Taxes have been Paid. Please provide a receipt from the Treasurer's office which verifies that real estate taxes to the property have been paid. 5) Fees. Please pay the appropriate fee for this application. There is a $1,000.00 base fee plus $50.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $1,550.00 is due upon submission of the official rezoning application. 6) Impact Statement - Owner's Phone Number. Please be consistent and provide the same property owner information on the impact statement as on the proffer statement, application and other materials. 7) Impact Statement - Environmental Features. Please address the location of any steep slopes, woodlands, prime agricultural soils and soil or bedrock conditions which create construction difficulties or hazards. If no such locations exist on the property, please provide a statement to this effect. 8) General Development Plan - Residential Uses. Please show the location of all residential land 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 Page 2 Mr. Evan Wyatt Preliminary Review Comments for Bean Property Rezoning November 14, 2003 uses as agreed to in Proffer C of the proffer statement. 9) General Development Plan - Road Efficiency Buffer. The proffered general development plan is inappropriate because the proposed extension of Heath Court appears to place lots within the active and inactive portions of the required road efficiency buffer for Charming Drive. As you know, lots may not be within the inactive portion of this buffer. Furthermore, staff encourages all lots to be located outside of the active portion of the buffer; which is consistent with the Lynnehaven and Sovereign Village Subdivisions. The inactive portion of the road efficiency buffer should also be shown as proposed RP Zoning District. 10) Existing Buildings. Please explain what is intended to happen to the existing house and accessory structures on the parcel. If the house is kept, will it be included as one of the maximum 12 single family detached urban lots proffered; or will it be on another type of lot and the 131' possible dwelling? Please clarify. 11) Subdivision. Will the proposed lots on the 5.0 acre parcel be made part of the Lynnehaven Subdivision? A proffer to this effect may be appropriate to ensure that the covenants of these lots are consistent with the adjoining residential lots in the Lynnehaven Subdivision. 12) Phasing. It is appropriate to proffer that this parcel will not be developed until the adjoining segment of Charming Drive is constructed. Also, it would be logical to develop the parcel during the phase of development in the Lynnehaven Subdivision where Heath Court is constructed. 13) Master Development Plan. Please note that a master development plan is required for this project. 14) Utilities. It may be useful to show the location of all utility lines and connections on the "General Development Plan". 15) Agency Comments. Please provide appropriate agency comments for the following agencies: F. C. Building Inspections, F. C. Fire Marshal, F. C. Public Works, HRAB, F. C. Parks & Recreation, F.C. Public Schools, Air port Authority, Sanitation Authority, Service Authority, Virginia Department of Transportation and the County Attorney's Office. All of the above comments must be appropriately addressed before staff can accept this rezoning application. Please do not hesitate to contact me with questions regarding this application. Sincerely, Jeremy F. Camp, Planner II JFC/bad Attachment: Power -of -Attorney Statement 4 Rezoning Comments 0 41 Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach 3 copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway En ing eering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane, approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions. Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Virginia Department of Transportation Comments: The documentation within the application to rezone this property appears to have a measurable impact on Routes 655 & 659. Routes are the VDOT roadways which as been considered as the access to the property referenced. —issatisi ied that the transportation Proffers offered in the Bean Propt-dy Rezoning Application dated 02/18/04 addresses tr nsportation concerns associated with this request. Before development, this office will require a complete set of constructs n plans d ntl- Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedication!,traffic signs ization, and off -site roadway improvements n drainage. Any workpe orme on e a e s rig -o -way ust be �3 % �ifiider a Ian se permit. This per i s y is office and requires an inspection fee and sur bond i nature bate: Flo Al be Notice to VDOT — ea a Return T�orm the Applicant Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshall Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665-6350 0 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1" Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshall with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane, approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Fire Marshal's Comments: NQ Fire Marshal's Signature & Date. Notice to Fire Marshal — Please Return This Form to the Applicant Y ~ r r Frederick County Fire and Rescue Department Office of the Fill Marshal Flan Review and Comments Control number RZ03-0013 Project Name Bean Property Rezoning Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Date received 11 /6/2003 City Winchester Tax ID Number 55-A-206 & 65-A- Date reviewed 11 /12/2003 Applicant Greenway Engineering State Zip VA 22602 Fire District 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-662-4185 Rescue District 18 Election District Redbud Residential Sprinkler System Yes Fire Lane Required No Special Hazards No Additional Comments Appears to be consistent with surrounding parcels and land Usees. No significant concerns relating to fire protection Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title ILAPR 5'8My0rl�EQ — "If Rezoning Comments • • ¢ .EE..?� ...,$ Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane, approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Sanitation Authority Comments: f -- Sanatation Authority Signature &Date: �. Notice to Sanitation Authoi — Please Return This Form to the Applicant Rezoning Comments • Frederick —Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Fred-Winc Service Authority's Comments: no Cb MYIM413 Fred- Winc Service Authority's Signature & Date: 11114103 Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant Rezoning 1 Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4`h Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the infonmation as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway En_ing eering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane, approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions. Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Department of Public Work's Comments: Ar- Public Works Signature & Date: Notice to Dept. of Public Works — Please Return This Form to the Applicant Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia, 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 Applicant: Please fill out the information as accurately as possible. in order. to assist the County Attorney's office with their review. Attach a copy of your application form, location map,: proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane, approximately mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions. Current zoning: RA Zoning requested: RP Acreage: 5.0 acres County Attorney's Comments: Assistant County Attorneys Signature & Date: 1 o Notice to County/Attorney — Please Return This Form to the Applicant Rezoning Comments • • Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2"d Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Naine: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 1.51 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Department of Parks & Recreation Comments: The monetary proffer Proposed appears to be appropriate to meet the impact this development will have on the services offered by this department. Pks. & Rec. Signature & Date: 11 / 12 / 03 Notice to Department of Parkas& Recreation — Please Return This Form to the Applicant red e0ck County Publi*Schools ... to ensure all students an excellent education Administrative Assistant to the Superintendent December 18, 2003 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Bean Property Rezoning Dear Mr. Wyatt AI Orndorff orn do rfa@frederick. k 12. va. u s This letter is in response to your request for comments concerning the rezoning application for the proposed Bean Property from RA to RP. Based on the information included in the application packet, it is anticipated that the proposed 12 single family homes will yield a total of 8 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. Respectfully Yours, ., J Al Orndorff Administrative Assistant to the Superintendent Copy: William C. Dean Ph. D., Superintendent of Schools Robert W. Cleaver, Assistant Superintendent for Administration 1415 Amherst Street www.frederick.k12.va.us 540-662.3889 ext. 112 P.O. Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax r -Rezoning Comments • Winchester Regional Airport Mail to• Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant's Name: GreenwU En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Winchester Regional Airport's Comments: Winchester Regional Airport's Signature & Date:f3c12 I 1 1 O 3 Notice to Winchester Regional Airport — Please Return This Form to the Applicant • 11 WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA 4 %I --A December 1, 2003 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comments Bean Property Red Bud Magisterial District Dear Mr. Wyatt: 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 The Winchester Regional Airport Authority offers the following comment regarding the proposed rezoning plan for the Bean Property. While the elevation of this site will not require a 7460-1 to be filed with the Federal Aviation Administration, it does lie within the air space of the Winchester Airport therefore property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the North. As the airport continues to expand services and operation, noise associated with such expansion will likely increase. Even though potential buyers may be aware of the airport's existence, they should be forewarned about aircraft noise and fly -over nuisance from aircraft. Thank you for giving this your consideration and should you have questions, please contact me. Sincerely, 6 S. R. Manuel Executive Director 7a.I mil, t, I Rezoning Comments • Historic Resources Advisory Board Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 4`h Floor 107 North Kent Street Winchester, Virginia Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: The 5.0-acre site is located along Bean's Pond Lane, approximately 1/2 mile north of Sensensy Road and adjoins the Lynnhaven and Sovereign Village Subdivisions. Current zoning: RA Zoning requested: RP Acreage: 5.0 acres Advisory Board Comments: ., I a� • .� Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant 11 December 2, 2003 Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 E COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Bean Property Rezoning Dear Evan: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, the Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefields located on or adjacent to the property. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Rebecca Ragsdale Planner I 107 North Kent Street • Winchester, Virginia 22601-5000 ok IMPACT STATEMENT BEAN PROPERTY REZONING Red Bud District Frederick County, Virginia TM 55-((A))-208 5.0 Acres November 4, 2003 Current Owners: Helen R. Bean 561 Bean's Pond Lane Winchester, VA 22602 Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 k, Greenway Engineering November 4, 2003 • Bean Property Rezoning BEAN PROPERTY REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a five -acre (5.0) parcel owned by the Helen R. Bean, represented by the Trustees of the Helen R. Bean Trust. The subject parcel is located on Bean's Pond Lane, approximately'/2 mile north of Senseny Road (Route 657). The 5.0- acre parcel is encompassed by the Lynnhaven development on the northern, western and southern boundaries and by the future expansion of Channing Drive on the eastern boundary. The current zoning is RA, Rural Areas District. The Helen R. Bean Trust proposes to rezone the 5.0-acre parcel to RP, Residential Performance District. Please see the attached Bean Property Location Map. Basic information Location: Magisterial District: Property ID Number: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN Bean's Pond Lane, approximately '/2 mile north of Senseny Road (Route 657) Red Bud 55-((A))-208 RA District Residential Single -Family Detached Urban Residential Lots RP District 5.0 acres The proposed site is being developed in conformance with the Comprehensive Policy Plan. The Comprehensive Policy Plan states that suburban residential development will occur within the Urban Development Area (UDA). Senseny Road is designated as a major collector road and has been a developing suburban residential corridor since the inception of the UDA. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. File #2185R/EAW 2 Greenway Engineering November 4, 2003 • Bean Property Rezoning 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcel 55-((A))-208 has access along Bean's Pond Lane. The continuation of Charming Drive will eliminate Bean's Pond Lane as development in Lynnhaven and Sovereign Village progresses. The 5.0-acre parcel will have access through the extension of a planned local subdivision street from the Lynnhaven development. Charming Drive is a planned major collector road; therefore, direct access to the 5.0-acre site on Channing Drive is prohibited. The 5.0-acre parcel will have approximately 830 feet of frontage along Channing Drive. Flood Plains The subject site is located on the FEMA NFIP map #510063-0120-B. The site is located as "Zone C", area outside the 100-year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 37, and contains three soil types: 41C-Weikert Berks Channery Silt Loam 7-15% covers 10% of this site 41D-Weikert-Berks Channery Silt Loam 15-25% covers 80% of this site 41E-Weikert-Berkis Channery Silt Loam 25-60% covers 10% of this site The Weikert Berks Channery Silt Loam soils are not classified as prime farmland soils in Table 5 on page 123 of this document. File #2185R/EAW 3 Greenway Engineerl� November 4, 2003 • Bean Property Rezoning B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RP District South: Zoned RP District East: Zoned PR District West: Zoned RP District C. TRANSPORTATION Undeveloped (Future Lynnhaven Subdivision) Undeveloped (Future Lynnhaven Subdivision) Vacant (Future Sovereign Village Subdivision) Vacant (Future Lynnhaven Subdivision) The subject site is proffered to contain a maximum of 12 single-family detached urban residential lots that are a minimum of 12,000 square feet. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 61h Edition identifies an average daily traffic rate of 9.57 vehicle trips for single-family detached housing. ITE projections suggest that 115 average vehicle trips will be generated by 12 single-family dwelling units. A residence currently exists on the 5.0-acre parcel; therefore, the net increase in traffic generation volume from the proffered rezoning is projected at 103 vehicle trips per day. The 2002 Virginia Department of Transportation Daily Traffic Volumes identifies 5,200 average daily vehicle trips on this segment of Senseny Road. The proffered number of residential units will increase the average daily traffic volume on Senseny Road by 1.98% of the 2002 volume. The development of the Lynnhaven and Sovereign Village Subdivisions will provide for the construction of Channing Drive, which will connect Senseny Road to Valley Mill Road (Route 659). Additionally, these subdivisions will provide for the development of Farmington Boulevard, which will connect to Greenwood Road (Route 656) to the east. These major collector road networks will be sufficient to accommodate the projected traffic generation from the 5.0-acre parcel. D. SEWAGE CONVEYANCE AND WATER SUPPLY The subject site is proffered to contain 12 single-family detached urban residential lots that will be served by public water and sewer. A projected water demand of 250 gpd is reasonable for single-family detached housing; therefore, the projected average daily water demand for the 5.0-acre rezoning is 3,000 gpd. The Frederick County Sanitation Authority (FCSA) is currently providing between 3-4 mgd of potable water to Frederick County and can easily accommodate the water demands associated with 5.0-acre parcel. File #2185R/EAW 4 ti Greenway Engineering November 4, 2003 •Bean Property Rezoning The Greenwood Heights Sewage Pumping Station currently accommodate sewage flows in the area of the 5.0-acre parcel through a force main that transmits effluent to the Opequon Water Reclamation Facility on Berryville Pike (U.S. Route 7). A regional pump station is being designed for this area of the County that will provide force mains to accommodate and redirect flows from the Greenwood Heights Sewage Pumping Station, the Apple Ridge Sewage Pumping Station, the Burning Knolls Sewage Pumping Station and the U.S. 50 East Sewage Pumping Station to the Opequon Water Reclamation Facility. It is anticipated that the new regional pump station will be on-line within 18 months. A projected sewage conveyance of 200 gpd is reasonable for single-family detached housing; therefore, the projected average daily sewage conveyance for the 5.0- acre rezoning is 2,400 gpd. The Opequon Water Reclamation Facility has a hydraulic capacity of 8.4 mgd; therefore, there is adequate capacity to accommodate the projected average daily sewage conveyance produced by the subject site. E. DRAINAGE The 5.0-acre site drains to the east towards the Opequon Creek. Future development will direct storm water flows to culverts within Channing Drive to ensure continuity with the overall storm water management plan for the Charming Drive Master Development Plan. F. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual household impact to landfill volume of 5.4 cubic yards per household. Therefore, the projected average annual impact to the Municipal Solid Waste portion of the Regional Landfill is 64.8 cubic yards for the 5.0-acre site. The Municipal Solid Waste Landfill has a current capacity of 7,800,000 cubic yards, which can easily accommodate the additional solid waste!generated by this project. G. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures or sites on or within the proximity of the 5.0-acre parcel. The Comprehensive Policy Plan does not identify this area as a potential historic district, nor does it identify core battlefield areas on or within the proximity of the 5.0-acre parcel. File #2185R/EAW 5 Greenway Engincerll g November 4, 2003 • Bean Property Rezoning H. OTHER IMPACTS A monetary proffer of $9,690.00 has been provided for each residential lot that will be located completely on the 5.0-acre parcel, or if the majority of the residential lot is located on the 5.0-acre parcel. This monetary proffer has been provided to mitigate the impacts to public service capital facilities costs as demonstrated by the Frederick County Capital Facilities Fiscal Impact Model. All impacts associated with the rezoning of the 5.0-acre site have been addressed in this document. File #2185R/EAW 0 0 0 GREENWAY ENGINEERING %47 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: Bean Property Rezoning File No.: 2185R Date: November 6, 2003 To: FC Planning Attn: Jeremy Camp Copied: From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: F Urgent F For Your Review F As You Requested F Please Comment Message: Hi Jeremy, Please find attached a rezoning application for the 5.0-acre Bean parcel located off of Senseny Road. Please review this information and provide me with your comments. Thank you for your assistance with this project. Have a good day, 3 Evan I''}l 0 2003 s P.M Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com r r T A X R E C E I P T - Y E A R 2 0 0 3 'FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 x WINCHESTER VA 22604-0225 Ticket #:00019030002 @@ Date : 11/12/2003 Register: LBX/JK Trans. #: 38692 Dept # RE200302 ACCT# 15927 2003 REAL ESTATE TAXES Previous 5.00 ACRES 55 A 208 Balance $ 346.75 Acres: 5.00 Principal Being Paid $ 346.75 Land: 47000 Imp: 48000 Penalty $ .00 Interest $ .00 BEAN, HELEN R & DWAYNE M TRUSTEES Amount Paid $ 346.75 *Balance Due 614 BATTLE AVE as of 11/12/2003$ .00 WINCHESTER, VA 22601 5629 Check 346.75 # WACH 3648 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) FREDERICK COUNTY TREASURER 107 NORTH KENT STREET SUITE 100 DATES TO REMEMBER Jan. 2 Vehicle decals go on sale Jan. 31 Dog tags due for renewal Feb. 15 Vehicle decals to be displayed Mar. 1 Business Equipment/License Must be filed Apr. 1 Business License fee due June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Nov. 1 Dog tags go on sale Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540) 665-5607 E-mail Address BOrndoff&o.frederick.va.us For Tax Information & Online Payments WWW.CO.FREDERICK.VA.US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. ************************************** FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, full and correct to the best of my knowledge and belief. Used 50% for Business Yes No Signature Signature T A X R E C E I P T - Y E A R 2 0 0 3 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 Ticket #:00019030002 OW Date : 11/12/2003 Register: LBX/JK Trans. #: 38692 Dept # RE200302 ACCT# 15927 2003 REAL ESTATE TAXES A 208 Previous Balance $ 346.75 5-00 ACRES 55 Acres: 5.00 Principal Being Paid $ 346-75 Land: 47000 Imp: 48000 Penalty $ •00 Interest $ •00 BEAN, HELEN R & DWAYNE M TRUSTEES Paid $ 346.75 *Amount Due 614 BATTLE AVE as of 11/12/2003$ -00 WINCHESTER, VA Check 346.75 # WACH 3648 22601 5629 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) 0 TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 MEMORANDUM Finance Department Renee' S. ArlottaP 5 ICI Return Of Sign Deposit May 19, 2004 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the person named below as a deposit for a sign for Rezoning Application 404-04. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/dlw Ricketts Construction Co., Inc. P.O. Box 2957 Winchester, VA 22604 107 North Kent Street - Winchester, Virginia 22601-5000 RE: Bean Rezoning PC Meeting Date Subject: RE: Bean Rezoning Meeting Date Date: Mon, 15 Mar 2004 10:18:03 -0500 From: "Evan Wyatt" <ewyatt@greenwayeng.com> To: "Jeremy F. Camp" <jcamp@co.fiederick.va.us> Hi Jeremy, Thank you for the advance notice. I will advise the client accordingly. Evan -----Original Message ----- From: Jeremy F. Camp [mailto:jcamp@co.frederick.va.us] Sent: Monday, March 15, 2004 9:09 AM To: Evan Wyatt Subject: Bean Rezoning PC Meeting Date Evan: Please be advised that the Bean Property Rezoning has been scheduled for the April 21, 2004 Planning Commission Meeting because the April 7th Planning Commission Meeting is currently full. Sincerely, Jeremy F. Camp Frederick County Department of Planning and Development I of 1 3/18/2004 2:1 1 PM Bean Rezoning PC Meeting Date M A Subject: Bean Rezoning PC Meeting Date Date: Mon, 15 Mar 2004 09:08:42 -0500 From: "Jeremy F. Camp" <jcamp@co.fiederick.va.us> To: Evan Wyatt <ewyatt@greenwayeng.com> Evan: Please be advised that the Bean Property Rezoning has been scheduled for the April 21, 2004 Planning Commission Meeting because the April 7th Planning Commission Meeting is currently full. Sincerely, Jeremy F. Camp Frederick County Department of Planning and Development I of 1 3/15/2004 9:08 AM GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: File No.: Date: Bean Property Rezoning 2185R March 11, 2004 To: FC Planning Attn: Chris Mohn Copied: From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: r Urgent r For Your Review r- As You Requested r Please Comment Message: Hi Chris, Please find attached a complete rezoning application packet for the Bean Property Rezoning adjacent to the Lynnhaven development. Please note that I obtained updated review agency comments from the County Attorney and VDOT to provide comments on the revised proffer statement language. Furthermore, the Impact Analysis Statement was revised to remove specific references to total lots and to be consistent with the monetary values that were developed based on the meeting that I had with you and Eric. Please review this information and advise me when it has been formally accepted and we will pick up the public hearing sign and the receipt for the application review fee. Thank you for your assistance with this project! Evan Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com BEAN PROPERTY REZONING APPLICATION Red Bud Magisterial District Frederick County, Virginia TM 55-((A))-208 5.0 Acres March 11, 2004 Current Owner: TRUSTEES of the HELEN R. BEAN TRUST Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers PAX 540-722-9526 Surveyors www.greenwayeng.corn MV9/RI58IZ# OPA as j M31Aa-d uoijuailddV ly dvyv uoijuaorl - uoijuailddV �tuiuozaH • Special Limited Power of Attorney Agreement File #2185R/EAW • \J File #2185R/EAW Deed to Property Verification of Taxes Paid Md3/21S8IZ# 2H.4 juatuajujS sisiieuV laudml Proffer Statement File #2185R/EAW Review Agency Comments File #2185R/EAW IMPACT STATEMENT BEAN PROPERTY REZONING Red Bud District Frederick County, Virginia TM 55-((A))-208 5.0 Acres November 4, 2003 Revised February 18, 2004 Current Ovmers: Helen R. Bean 561 Bean's Pond Lane Winchester, VA 22602 Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 "�•< _.. a. _. 'ti.a?<<.- Wa�.ti yte�N•a.... ..., � _ .. ,_... +�_ir<f .,. :T'FAA:��a'f�. f��t+��i 9 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 28, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-04 FOR BEAN PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 12, 2004, at 7:15 p.m. in the Board Room ofthe Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-04 of Bean Property, submitted by Greenway Engineering, to rezone five (5.0) acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located on Bean's Pond Lane, approximately 'V2 mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions, and is identified by Property Identification Number (PIN) 5 5-A-208, in the Red Bud Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www. co. federick.va.us/PlanningAndDevelopment/PlanningAndDev.htm. Sincerely, Jeremy F. Camp Planner II JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 This is to erti that the attached corresthe Department P �ingland Development, to the following rederick from the Department County, Virginia: 55 - A- - 206- LYNNEHAVEN, L C 112 N CAMERON ST 22601-4745 WINCHESTER,VA 65 - A- - 39- MANNING & ROSS DEVELOPERS, LLC PO BOX 27 WINCHESTER, VA 22604-0027 55 - A- - 208- BEAN, HELEN R & DWAYNE M TRUSTEES 614 BATTLE AVE WINCHESTER, VA 22601.5629 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 1 S 1 Windy Hill Lane Winchester, VA 22602 J my F. Camp, Planner II Frederick Co. Planning Dept. STATE OF VIRGI CO OF FREDERICK a Notary Public in and for the State and County I F Camp, Planner II for the De t of Planning and aforesaid, do ereby certify that Je my dated , has Development, whose name is signed to the foregoing, Sta e and County aforesaid. personally appeared before me and acknowledged the same in my Given under my hand this day of �O My commission expires on i If45Z OX /�j o L/ TO: Barbara - Data / � Processing �� - • FROM: Bev - Planning Dept. Please print sets of labels by: P Z lJ -�f 55— A- THANKS111 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust 6. A) Current Use of the Property: B) Proposed Use of the Property: Urban Housing 7. Adjoining Property: Residential Single-family Detached PARCEL ID NUMBER USE ZONING 55-((A))-206 Undeveloped (Lynnhaven Subdivision RP District 65-((A))-39 L/ Undeveloped (Sovereign Village Subdivision RP District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 5.0-acre site is located on Bean's Pond Lane, approximately 1/2 mile north of Senseny Road. The 5.0-acre site adjoins the Lynnhaven and Sovereign Village Subdivisions. 'ZJ-CK 6 ^Y PL996E ✓Q� UE,2rry COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 7, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-04 FOR BEAN PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 21, 2004, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-04 of Bean Property, submitted by Greenway Engineering, to rezone five (5.0) acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located on Bean's Pond Lane, approximately'/2 mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions, and is identified by Property Identification Number (PIN) 55-A-208, in the Red Bud Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co. frederick.va.us/PlanningAndDevelopment/PlanningAndDev.htm. Sincerely, Jeremy F. Camp Planner II JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 • This i,* to certify that the attached correspondence of Planningled to the following on and Development, Frederick from the Department Coun , Virginia: 55 - A- - 206- LYNNEHAVEN, L C 112 N CAMERON ST WINCHESTER, VA 22601.4745 65 - A- - 39- MANNING & ROSS DEVELOPERS, LLC PO BOX 27 WINCHESTER, VA 22604.0027 55 - A- - 20B- BEAN, HELEN R & DWAYNE M TRUSTEES 614 BATTLE AVE WINCHESTER, VA 22601.5629 Mr. Mark D. Smith. P.E.. L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Pr3'GrC'.fi�� Jere F. CCamp, lanner II Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County I Planner II for the a artment of Planning and aforesaid, do reby certify that Jerem F. Camp, co , has Development, whose name is signed to the foregoing, dated m Cate and County aforesaid. personally appeared before me and acknowledged the s Y — y d this day of lam- J-00 SC Given under my han j. My commission expires on /141 Q NOTARY LIC J A52— (4 TO: Barbara - Data Processing �A *TO: Bev - Planning Dept. n Please print sets of labels by: 1�' `J1/ �1 THANKS111 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust 6. A) Current Use of the Property: B) Proposed Use of the Property: Urban Housing 7. Adjoining Property: Residential Single-family Detached PARCEL ID NUMBER USE ZONING 55-((A))-206 Undeveloped (Lynnhaven Subdivision RP District 65-((A))-39 Undeveloped (Sovereign Village Subdivision RP District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 5.0-acre site is located on Bean's Pond Lane, approximately 1/2 mile north of Senseny Road. The 5.0-acre site adjoins the Lynnhaven and Sovereign Village Subdivisions. j7-/e JEF��t1 It N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA W E v c.% GIS, MAPPING, GRAPHICS WORK REQUEST S DATE RECEIVED: zzy o REQUESTED COMPLETION DATE: !Z16 ZO REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT: DESCRIPTION OF REQUEST: l Z-0 (2- -T1oN rn/I P r' 1. Aj . 5.5-- 4 o DIGITAL: SIZES: COLOR: FAX: (Write additional information on back of request) %'F-Z 0101A)G # 1? q-o f ' --- PAPER: FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)