HomeMy WebLinkAbout20-06 ApplicationJanuary 11, 2007
Mr. Gary R. Oates, LS -B, PE
GreyWolfe, Inc.
1073 Redbud Rd.
Winchester, VA 22603
Department of Planning and Development
RE: REZONING #20 -06, CIVIL WAR PRESERVATION TRUST
Dear Mr. Oates:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of January 10, 2007. The above - referenced application was approved to rezone 222.03 acres
from RP (Residential Performance) District to RA (Rural Areas) District, for agricultural and
historical preservation. The properties are located south of Redbud Road, east of Interstate 81 and
north of Regency Lakes and Millbrook High School, with frontage and access to /from Redbud Road,
and are identified with Property Identification Numbers 54 -A -88 and 54 -A -90 in the Stonewall
Magisterial District.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
l
Kevin T. Hen y
Planning Technician
KTH/bad
cc:
Charles S. DeHaven, Jr., Stonewall District Supervisor
John H. Light and Gary Oates, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Association for the Preservation of Civil War Sites, 305 Charlotte St., Fredericksburg,
VA 22401
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
0 s
REZONING APPLICATION #20 -06
CIVIL WAR PRESERVATION TRUST
Staff Report for the Board of Supervisors
Prepared: December 29, 2006
Staff Contact: Kevin T. Henry, Planning Technician
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: 12/20/06 Recommended Approval
Board of Supervisors: 01/10/07 Pending
PROPOSAL To rezone 222.03 acres from RP (Residential Performance) District to RA (Rural
Areas) District for agricultural and historical preservation.
LOCATION The properties are located South of Redbud Rd., East of Interstate 81, and North of
Regency Lakes and Millbrook High School, with frontage and access to from Redbud Rd. Access
to the property is via a commercial entrance 0.7 miles from Rt. 11.
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS: 54 -A -88 and 54 -A -90
PROPERTY ZONING RP (Residential Performance)
PRESENT USE Battlefield & Agricultural Preservation
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RA (Rural Areas)
Use:
Residential
South:
MHl (Mobile Home District)
Use:
Residential
RP (Residential Performance)
Residential
East:
RA (Rural Areas)
Use:
School /Agricultural
West:
RA (Rural Areas)
Use:
Agricultural
PROPOSED USES Battlefield and agricultural preservation on approximately 222 acres.
REVIEW AGENCIES: None required.
• 0
Rezoning #20 -06 —Civil War Preservation Trust
December 29, 2006
Page 2
PLANNING & ZONING:
Site Historv The original Frederick County Zoning Map identifies parcel 54 -A -90 and 54-
A-88 as A -2 (General Agriculture). In 1973 parcel 54 -A -88 was zoned R -4 (Residential
Planned Community) Zoning District. Parcel 54 -A -88 was part of the comprehensive down -
zoning in 1982, which changed this property's zoning classification to the A -2 (General
Agriculture) Zoning District. In 1989 Frederick County changed the rural zoning
classifications, combining the A -1 (Limited Agricultural) and A -2 (General Agriculture)
into one district now known as the RA (Rural Areas). Also in 1989, the two parcels were
rezoned (RZ012 -89) from RA (Rural Areas) to RP (Residential Performance).
The proposed rezoning lies within the Third Battle of Winchester, an identified core
battlefield area that has maintained its integrity. Within the Third Winchester Battlefield
Preservation Plan a component of the Frederick County Battlefield Network Plan (1995),
proclaims a major goal in preserving battlefields is acquiring Third Winchester key areas.
Given this goal, the property has been in the possession of the Association for the
Preservation of Civil War Sites since 1995. Along with belonging to the Association for the
Preservation of Civil War Sites, the property was placed into a conservation easement in
2000, whereas the two parcels will be restricted in development of the site. A copy of the
conservation easement is included within the application.
Earlier this year, the Red Bud Agricultural & Forestal District was formed. Included in the
Red Bud Agricultural & Forestal District are the 222.03 acres that are being proposed to be
rezoned. The Agricultural & Forestal Districts within Frederick County are designed to
work similarly to a conservation easement. These districts prohibit development for up to
five years.
Comprehensive Policy Plan: The 2003 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
environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County. [Comprehensive Policy Plan,
P. 1 -11
Land Use
The site is located outside the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA). The modifications to the boundaries of the UDA and SWSA to
further preserve the property occurred in 2003. It is not within the limits of any small area
land use plan, but is within the Red Bud Agricultural & Forestal District.
The site is within the limits of the Eastern Frederick County Long Range Land Use Plan.
The plan shows the majority of the rezoning within a Historic /Developmentally Sensitive
Area (DSA). The additional 41 acres that lies outside the DSA has no land use designation.
The rezoning of this property will further ensure its protection as a battlefield preservation
site. The 2003 Frederick County Comprehensive Polices states that zoning or other
Rezoning #20 -06 — Civil War Preservation Trust
December 29, 2006
Page 3
regulatory methods can be used to help protect important historical sites. In this case, the
property has been properly designated in the Comprehensive Plan (DSA) considering its
significance.
Through ongoing recreational and trail system efforts, the property is seemingly more
appropriate for rural land use. Included in the rezoning proposal is a map of the trail
network on the property.
Potential Impacts: No impacts are anticipated. This is an extremely positive rezoning
request that minimizes potential future impacts and certainly addresses the Comprehensive
Policy Plan.
STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING:
The land use proposed in this application is consistent with the Comprehensive Policy Plan, as
described in the Eastern Frederick County Long Range Land Use Plan. Other elements that make
this a positive rezoning include: the ability to provide a core protection area for the Third Battle of
Winchester; removing the RP Zoning District from an area that would not be typically used for
higher density housing because of its location outside the UDA and SWSA; and the ability to
provide educational and recreational opportunities with an already planned trail network, which
includes several historical interpretative sites. The rezoning proposal strongly supports the concepts
provided in the 2003 Frederick County Comprehensive Polio as well as further supporting
historical preservation within the County.
PLANNING COMMISSION SUMMARY AND ACTION OF 12/20/06 MEETING
Commissioners were pleased with the rezoning application. No issues of concern were raised and
the Commission unanimously recommended approval of the rezoning.
(Note: Commissioners Watt and Thomas were absent from the meeting. Commissioner Oates
abstained from the vote.)
Following the requirement for a public hearing, a decision regarding this rezoning
application by the Board of Supervisors would be appropriate. The applicant
should be prepared to adequately address all concerns raised by the Board of
Supervisors.
1�1■
IMI
90
Red BVd.
Ay & Forestral DI.
�m
Frederick County
Rezoni
REZ # 20
Applicai
Civil �
Presery
Tru;
Parcel I
Location in the County 54 - A - 88,51
Map Features
0 Application
9b Lakes/Ponds
Streams
Topography (5' Interval)
Buildings
Streets
Ilk& Pnmary
Secondary
Ternary
AGF Districts
4W South Fredenck District
411P Double Church DIs41d
4 Red Bud District
I Urban Development Area
ft SWSA
Location in Surrounding Area
® 0 s00 sDo 1 2 92
et
r
rs
r
r _
90
Red BVd.
Ay & Forestral DI.
�m
Frederick County
Rezoni
REZ # 20
Applicai
Civil �
Presery
Tru;
Parcel I
Location in the County 54 - A - 88,51
Map Features
0 Application
9b Lakes/Ponds
Streams
Topography (5' Interval)
Buildings
Streets
Ilk& Pnmary
Secondary
Ternary
AGF Districts
4W South Fredenck District
411P Double Church DIs41d
4 Red Bud District
I Urban Development Area
ft SWSA
Location in Surrounding Area
® 0 s00 sDo 1 2 92
et
IN
Ls ,
L�
t
[) = (1
—H
j i
54 9
NOME PAFK
h
a
lI
xx /Av
a
h ea,, „t pu
t
V
54 A 88
�• tinFn vul nl I.0 nraur,¢rn Red 6 da
..,
Au & PorCSf�l
Y
f reaerlCK L;ou ty
We
Rezoni
REZ # 20
Applical
Civil V
Presery
Tru:
Parcel
Location in the County 54 - A - 88,52
Map Features
0 Appliwlion
Lone Range Land Use
O Lakes /Ponds
Rural Community Center
— Streams
Residential
- Topography (6 interval)
aGc Business
Buildings
® Industrial
streets
QRs Institutional
♦ Primary
i
a
lI
xx /Av
a
h ea,, „t pu
t
V
54 A 88
�• tinFn vul nl I.0 nraur,¢rn Red 6 da
..,
Au & PorCSf�l
Y
f reaerlCK L;ou ty
Rezoni
REZ # 20
Applical
Civil V
Presery
Tru:
Parcel
Location in the County 54 - A - 88,52
Map Features
0 Appliwlion
Lone Range Land Use
O Lakes /Ponds
Rural Community Center
— Streams
Residential
- Topography (6 interval)
aGc Business
Buildings
® Industrial
streets
QRs Institutional
♦ Primary
aLS Recreation
Secondary
® Histone
'�. Tertiary
® Mixed -Use
ACaF Districts
® Planned Unit Development
41111111 South Fredena District
Double Church District
Red Dud Dialrot
Urban Development Area
SNSA
g v �—' �o
54 A
NOME ri'm
IM11'
� U
It
88
C
W
Frederick County,
Rezonir
REZ # 20
Applicat
Civil V
Preservii
Trus
Parcel 1[
Location in the Gountq 54 - A - 88,54
Map Features
Application
Zoning
D Lakes/Ponds
81 (Business, Neighborhood E
Streams
• B2 (Business, General District;
�- Topography (5 interval)
B3 (Business, Industrial Transi
Buildings
• EM (Extractive Manufacturing
Streets
• HE (Higher Education District)
4111111, Primary
M1 (Industrial, Ughl Dishicl)
^� Secondary
® M2 ( Industrial, General District
�. Terdary
MHi (Mobile Home Communit
I'. Wban DevelopmentAma� MS (Medical Support District)
SWSA
R4 (Residential, Planned Com
R5 (Residential Recreational C
RAZ (Rural Area Zone)
RP (Residential Performance I
0 300 600 I. -ke
Location in Surrounding Area
0 0
NOV 1 9 2006
1
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
be completed by
ling Amendment Number
Hearing Date / 0 /U
Fee Amount Paid $ /
Date Received
BOS Hearing Date ) 1 tl [(51
The following information shall be provided by the applicant:
All parcel identification nwnbers, 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: GreyWolfe, Inc. Telephone: 540 - 667 -2001
Address: 1073 Redbud Road
Winchester Virginia 22603
2. Property Owner (if different than above)
Name: Civil War Preservation Trust Telephone: 703- 346 -1615
Contact: Steve Wyngarden
Address: 1331 H Street NW Suite 1001 Stewardship Coordinator
Washington DC 2005
3. Contact person if other than above
Name: Gary R. Oates, LS -B, PE
Telephone: 540- 667 -2001
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
loll
0 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:
Civil War Preservation Trust is the owner. The Virginia Outdoors Foundation
has a conservation easement on these parcels
6. A) Current Use of the Property: Agricultural and Public Trails
B) Proposed Use of the Property: Same
7. Adjoining Property:
PARCEL 1D NUMBER
54- (A) -89C
54 -(A) -157, 159, 159A
54- (A) -99F
55- (A) -3, 4, 5,21
55- (A) -22
55E- (1) -30 thru 43 & 72C
55- (A) -27
USE
Agriculture
Residential
Vacant
Agriculture
School
Residential
Mobile Home Park
ZONING
RA
RA
B -2
RA
RA
RP
MH -1
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
From Route 11 at 1 -81 exit 317 take Route 661 (Redbud Road) for
0.7 miles to the commercial entrance for the Civil War Preservation Trust Park
next to the Hackwood Farm.
12
0
0
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 54- (A) -88 and 54- (A) -90
Districts
Magisterial: Stonewall
Fire Service: Clearbrook
Rescue Service: C lea rbrook
High School: James Wood
Middle School: James Wood
Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested
181.03
RP
RA
41.00
RP
RA
222.03
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: 0 Townhome: 0 Multi- Family: 0
Non- Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other:
13
E
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.
1 (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): � ✓ �itc, /' Date: 10-.24'-0
Date:
Owner(s): Date:1 11 3 0C
phi ✓I� wAQ — &-'s Date:
14
Special Limited Power of Attorney
County of Frederick, Virginia
PlanWag Office, Cormty of Frederick, Vbginia, 197 North Kent Street, Wiocbester, Virginia 22601
Phone 5406655651
Faraiimile 5404656395
Know All Men By These Presents: That I (We)
(Name) Civil War Preservation Trust
(Phone) (703) 346 - 1615
(Address) 1331 H Street NW, Suite 1001 Washington, DC, 20005
the owncr(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
Instnmrent No. D B 849, PG 173 and is described as
Parcel: 54 Lot: A Block_ _ Section: _ Subdivision: 88 & 90
do hereby make, constitute and appoint:
(Name) GreyWolfe, Inc - Gary R. Oates, LS -B, PE (Phone) 667 -2001
(Address) 1073 Redbud Road, Winchester, VA 22603 -4757
To act as my true and lawful attorney -in -fact for and in my ( our) name, place and stead with full power and
authority 1(we) would have if acting personally to file planning applications for my (our) above dcsenbed
Property, including:
X Rezoning (including proffers)
• Condldonal 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 exmpt as follows:
There are no proffers offered with this down zoning.
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof,J�v) have lim- to,set myloar) hafi(d and seal this -7-03y of avC "(Y 200(o
1,✓ 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, perso appeared before me
and has acknowledged the same before me in the ' urisdiction aforesaid this -1-y ofx Afn �po .
My Commission Expires: W/24 _-
Ng&y Pub ic.
�. J
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right -o£- -way, a private right -of -way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
1 Name Shehandoah Valley Battlefields
PO Box 897
New Market, VA 22844
Property # 54- (A) -89C
Name Ruth B. McBride
506 Redbud Road
Winchester, VA 22603
Property # 54 -(A) -157
Name R & J Land Development, LLC
1631 Redbud Road
Winchester, VA 22603
Property # 54 -(A) -159
Name Janice Marie Kirby
541 Redbud Road
Winchester, VA 22603
Property # 54- (A) -159A
Name Charles W. Huntsberry Estate
PO Box 2298
Winchester, VA 22604
Property # 55 -(A) -3 & 4
Name Kevin L. Herring
962 Redbud Road
Winchester, VA 22603
Property # 55 -(A) -5
Name Wayne D. & Stephanie P. Seipel
271 Morgan Mill Road
Winchester, VA 22603
Property # 55- (A)_21
Name Frederick County School Board
1415 Amherst Street
Winchester, VA 22601
Property # 55- (A) -22
Name Development Company of America
PO Box 520
Westminster, MD 21158
Property # 54- (A) -99F
15
0 •
Name and Property Identification Number
Address
Name Hidden Valley SPE, LLC
150 North Wacker Drive STE
Chicago, IL 60606
Property # 55- (A) -27
Name Regency Heights Property
8700 Ashwood Drive
Capitol Heights, MD 20743
Property # 55E- (1) -72C
Name Marie L. Flanagan
104 Winnepeg Place
Winchester, VA 22603
Property # 55E- (1) -30
Name Dorothy M. Mizerak
102 Winnepeg Place
Winchester, VA 22603
Property # 55E-(l)-31
Name Troy R. & Rani M. Hammond
203 Lake Sever Drive
Winchester, VA 22603
Property # 55E- (1) -33
Name Robert M. Scott
205 Lake Sever Drive
Winchester, VA 22603
Property # 55E- (1) -34
Name Tammy A. Rinard
207 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(l)-35
Name Victoria L. Sine
209 Lake Sever Drive
Winchester, VA 22603
Property # 55E- (1) -36
Name Sherry L. Bohnenkamp
211 Lake Sever Drive
Winchester, VA 22603
Property # 55E- (1) -37
Name Charles H. Whirley
213 Lake Sever Drive
Winchester, VA 22603
Property # 55E- (1) -38
Name Thomas N. Martin
215 Lake Sever Drive
Winchester, VA 22603
Property # 55E- (1) -39
Name Robert A. & Sandra A. Dennis
103 Great Pond Way
Winchester, VA 22603
Property # 55E - (1)-41
Name Michael E. & Michelle D. Shannon
105 Great Pond Way
Winchester, VA 22603
Property # 55E-(l)-42
Name Raymond H. Morton, Jr
106 Great Pond Way
Winchester, VA 22603
Property # 55E -(1)43
16
W O:
SWZ 'OL &A
>
El
01
[ — a
<
1 0
' 9'
<
' j
4 s �'7� ( \
co El I 1— 5
6
C
O\
l N 1 '3
C)
0
T C ;� NZ
A w-r. - ./
��Q`�� =�s�� �� o
o cu
s 28
I t
-M.
W�
\
M
rl
CD <
Lu
U).s
U) ?
A, od c E . 2 oQ
�\\Ml
rn
LU
AL
2
0 "I llq�
9P