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Home My WebLink About20-06 Application (2)January 11, 2007 Affilk Mr. Gary R. Oates, LS -B, PE GreyWolfe, Inc. 1073 Redbud Rd. Winchester, VA 22603 Department of Planning and Development RE: REZONING 420 -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 Di strict. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Kevin T. Henry 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 ! i 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. 1 l . 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: MH1 (Mobile }Iome 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. 9 Rezoning #20 -06 —Civil War Preservation Trust December 29, 2006 Page 2 PLANNING & ZONING: Site History 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 Poliev Plan: The 2003 Frederick County Comprehensive Polio 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 Policy Plan states that zoning or other 0 s Rezoning 420 -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 Policy Plan 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. Frederick County, Preservatic Map Features Application D Lakes /Ponds » Streams Topography (5' interval) Buildings Streets wb Primary v Secondary n Tertiary AGF Districts 4 W South Frederick Distdd i Double Church District ® Red Bud District Urban DevelopmentArea SMA Location in Surrounding Area ck County, V Rezoning REZ # 20 - 06 Application Civil War Preservatic Location in County Trust Parcel ID: 54 -A- 88,54 -A -4 iFeatures Application Long Range Land Use Lakes/Ponds Rural Community Canter Streams Residential Topography (S interval) Business Buildings industrial ets 1 0 Insttutional Primary Recreation Secondary ® Historic Tertiary 40 Mixed -Use Districts ® Planned Unit Development South Frederick District Double Church District ® Red Bud DI.M.t I� Urban Development Area SWSA Location in Surrounding Area Z �GKS 0 300 600 t � Pael ra ill. G Frederick County, V, Location in the county Features Rezoning REZ # 20 - 06 Application Civil War Preservatio Trust Parcel ID: 54 -A- 88,54 -A -9 41111111' Application Zoning m LakeslPOnds • B1 (Business, Neighborhood District) ^^ Streams • B2 (Business, General District) - Topography(Vinterca0 AND B3(Buslness, Industrial Transition Distill Buildings • EM (Extractive Manufacturing District) Streets • HE (Higher Education District) 411s, Primary • M1 (industrial, Llghl District) T' Secondary • M2 (Industrial, General District) T. Tertiary • Mill (Mobile Home Community District) I Uman DevelopmentArea• MS (Medical Support District) SWSA • R4 (Residential, Planned Community Di, • R5 ( Residental Recreational Communit RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area = 0 300 600 1,2RL C • • NOV 1 5 2006 1 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be completed by Plannit ?oning Amendment Number 3 C Hearing Date ,� 0 /fl( t Fee Amount Paid $ IU Date Received BOS Hearing Date - 1/10 1 15 4 1 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: GreyWolfe, Inc. Address: Telephone: 540 - 667 -2001 Winchester Virginia 22603 2. Property Owner (if different than above) Name: C ivil War Preservation Trust Telephone: 703- 346 -1615 Address Contact: Steve Wyngarden 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 11 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 ID 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 ulyy 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 I -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 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:Clearbrook 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 1 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 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 best of my (our) knowledge. Applicant(s): ,i ko' ,�,�, o R 0"& Date: /6 .26-0c Date: Owner(s): Date: /// ' Luz/ '-✓!I4 PRrst 'qaA7i,,,j iR '/ S 1 Date: 14 Special Limited Power of Attorney County of Frederick, Virginia Mooing Office, County of Frederick, Virginia, 107 North Kent street, Winchester, Virginia 22601 Phooe 540.665-5651 Fa®ile 5406654395 Know All Men By These Prmcnis: That I (We) (Name) Civil War Preservation Trust (phone) (703) 346 - 1615 (Address) 1331 H Street NW, Suite 1001 Washington, DC, 20005 the owncx(s) of all those tracts or parcels of land ("Property ") conveyed to me (us), by deed recorded in the Clerk's lice of the Circuit Court of the County of Frederick Virginia, by InsttwnentNo. DB 849, PG 173 , and is described as Parcel: 54 Lot: A Block: _ Section: _ Subdivision: do hereby make, constitute and appoint (Marne) 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 pourer and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: R Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attomey -in -fact shall have the authority to oiler proffered conditions and to make amendments to previously approved proffered conditions accept as follows: T here 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 X06, 1, /i /E /2° ✓te 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 r na�Iy appeared before me ut and has acknowledged the sae before me in the 'unsdiction aforesaid this J�y of, /A qq_ My Commission Expires: 4 5W/24 _ , N _ pub ii•. / 0 0 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 -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address 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 1 � l�1 • 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 #SSE- (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- (1) -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-(l)-37 Name Charles H. Whirley 213 Lake Sever Drive Winchester, VA 22603 Property # 55E-(l)-38 Name Thomas N. Martin 215 Lake Sever Drive Winchester, VA 22603 Property # 55E-(l)-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 - (1)-42 Name Raymond H. Morton, Jr 106 Great Pond Way Winchester, VA 22603 Property # 55E - (1)-43 i +4 Z • . �,, �b Qa nm aQ4A xa. v� m. . q � z 3 , a , i ' 1 v / � �` Y V S aq / '1 n Gnri s 8 v� WEN Do a CL g > \ o CD o X9 4 F k W CD p �s £am T €� I V � CD � l x" SEGMENT? jp a$ ->^' — �e n Q l l o , _ G7 Mo O � R 1 7 l D u [ / i i, fl - 3n! - C_ o el / Mp 18, 2005 11:04a / U: \22 \22391\Deel9n \22391- mp5.dw9: 2