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Home My WebLink About01-07 Application6 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SIT rr. 200 POST OFFICE BOX 27411 WISCRESTER,%A 22604 TFLF.PIIONE: (540) 665 -0050 FACSIMILE: (540) 722 -4051 0 THOMAS MOORE LAMSON • TI.A\CSON((eISPrQCONI OCT 11 4 October 10, 2008 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, 2 Bd Floor Winchester, VA 22601 Q Dear Mike: L The Preserve at Jordan Springs Our File No. 843.001 2008 i Thank you for your correspondence regarding the Rezoning Application for Jordan Springs. This is to formally request the withdrawal of this Rezoning Application. Please let me know if anything else is required to effect this requested withdrawal. Thank you for your continued assistance and cooperation. As always, if you should have any questions, please do not hesitate to give me a call. TML:sih cc: The Drees Company V truly yours, Tho as oore Lawson FRONT R( 1. \nxxe:.0 Poai OFFICP Box 602, FxONI ROV L. \Yxalsm 22630, TELPYIIONE: (549) 635-9415. FU SI)Ix.F: (540) 615 9421, l: suu:6B xA• 11631oII ,I Ill OIN Fux6•,AUnxlSS: 10805 Mno Si xEET,SmO,2011,F . axF,]. \'ixrai, 22031,'1 E"EPBO♦L:( 701 )152-2615,F'erA•BLE:(70111524190, E- SIAIL: Tf111,1 SO.I. aN SON,% FRLLT.VP:T REZONING APPLICATION #01 -07 JORDAN SPRINGS Staff Report for the Planning Commission Prepared: February 5, 2007 Staff Contact: Susan K. Eddy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist 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: 02/21/07 Pending Board of Supervisors: 03/14/07 Pending PROPOSAL To rezone 185.43 acres from the RA (Rural Areas) District to the RP (Residential Performance) District, 28.30 acres from the RA (Rural Areas) District to the B2 (General Business) District, 3.42 acres from the RA (Rural Areas) District to the B2 (General Business) District with HA (Historic Area Overlay Zone), and 3.42 acres from the B2 (General Business) District with HA (Historic Area Overlay Zone) to the RP (Residential Performance) District (with 6.91 acres remaining as B2 (General Business) District with HA (Historic Area Overlay Zone)) with proffers for commercial land uses and up to 604 residential units. LOCATION The property is located at 1160 Jordan Springs Road, and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBERS 44 -A -294 and 44- A -294A PROPERTY ZONING RA (Rural Areas) District and B2 (General Business) District with HA (Historic Area Overlay Zone) PRESENT USE Commercial and undeveloped ADJOINING PROPERTY ZONING & PRESENT USE North: R4 (Residential Planned Community) RA (Rural Areas) South: RA (Rural Areas) RP (Residential Performance) Use: Undeveloped (Snowden Bridge) Residential Use: Residential & Agricultural Residential • 0 Rezoning 401 -07 — Jordan Springs February 5, 2007 Page 2 East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential & Agricultural PROPOSED USE Residential (up to 604 units) and commercial (up to 90,000 square feet) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 664 and 660. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in The Preserve at Jordan Springs rezoning application dated July 17, 2006, addresses transportation concerns associated with this request. The Residency cannot support this rezoning application as there has not been any mitigation of the impacts on the transportation system offered by the applicant. 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 Plans approved as submitted. Clearbrook Volunteer Fire & Rescue: After review of the proposed plans, and due to the number of units proposed, and knowing that this will pose a major impact on the Fire & Rescue Services, and financial assistance in funding for new or replacement equipment would be appreciated. Any comments by the Frederick County Fire & Rescue Office would also apply. Public Works Department: The Comprehensive Plan Policy Amendment (CPPA) application indicates that the subject parcel contains 227.18 acres. The application further indicates a desire to rezone the parcel from RA/132 to RP /132. However, the application does not indicate how the acreage will be subdivided between RP and B2. The justification of the proposed CPPA needs to be revised to reflect the latest changes in the Comprehensive Plan Policy which indicates that the subject property is completely outside the UDAISWSA lines. Under the rezoning application, page 13, indicate the square footage associated with the B2 property. This item will be needed to determine the total impact of the project on water and sewer demand and solid waste generation. The impact analysis, paragraph 2 Wetlands, indicates the inclusion of a wetland study in Appendix III. However, our copy of the rezoning submission did not include a copy of Appendix III and the wetlands study. This office will require a copy of this report before we can complete our review. Refer to paragraph D. Sewage Conveyance and Treatment: Revise these calculations to include the impact of the commercial development. Refer to paragraph F. Drainage: Indicate what methods of stormwater management will be employed for the proposed RP /132 development. The proffer statement indicates Best Management Practices (BMP) facilities. If these methods will be utilized, indicate who will be responsible for 0 0 Rezoning #01 -07 — Jordan Springs February 5, 2007 Page 3 maintaining the BMP facilities. Refer to G. Solid Waste Disposal Facilities: The narrative indicates that solid waste will be deposited in the Frederick County Landfill following collection at citizens' convenience areas /dumpster facilities or via private carriers contracted by neighborhood residents. We are requiring all new subdivisions to adopt curbside trash pickup using a private hauler. The new Stephenson Village (Snowden Bridge) subdivision has proffered curbside trash pickup contracted by the homeowners' association. Therefore, we request that the reference to convenience facilities be eliminated. Also, the calculations of the solid waste generation shall be revised to include the impact of the commercial development. For comparison purposes, the landfill currently receives approximately 210,000 tones of trash per year. Based on this number, you can determine the impact of the project on the landfill. Refer to proffer statement, paragraph 9.2 (iii): Delete the statement, "...if they decide to use a commercial collection company." The use of a private hauler to provide curbside trash disposal will be a requirement, not an option. Refer to proffer statement, paragraph 11.1: Indicate who will be responsible for maintaining the BMP facilities. We will require satisfactory resolutions to the above comments before we can grant our final approval for the proposed rezoning. Sanitation Authority The Authority is constructing a wastewater pump station that will provide service to the property. Water facilities in the vicinity of this property have capacity to meet the projected demand. Frederick - Winchester Service Authority The applicant states that the Opequon facility has capacity to serve this development. How has this conclusion been determined? If all rezoned properties yet developed within the Opequon Service Area were connected prior to this development, no capacity would be available. Timing will determine capacity. Department of Parks & Recreation: Monetary proffer for parks and recreation capital needs appears to be appropriate; however, the cost of the proposed trail system should not impact the monetary proffer. The proposed trail system easement needs to be 20' to accommodate a recommended 10' wide hard surface trail. The developer appears to be asking for monetary credit for land that has been dedicated as open space and is to be occupied by a trail easement. If this area counts toward the developers open space requirement, no additional credit should be given. Staff recommends the trail system be constructed by the developer and maintained by the Home Owners Association. The trail should also be designed so as to offer connectivity to trail systems from future adjacent developments. More specific information is needed relative to the required recreational units. Staff needs to know what recreational units, other than the trail, will be included with this development. Historic Resources Advisory Board: The Historic Resources Advisory Board (HRAB) reviewed information associated with the Frederick County Rural Landmarks Survev Report and the Virginia Department of Historic Resources, as well as information provided by the application. The HRAB requested that the applicant provide a Phase I archeological Survey on the parcels proposed for rezoning, since archeological history of this property is relatively unknown. A Phase II and III Archeological Survey will be required if the Phase I survey determines that it is warranted. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 315 single family homes, 175 townhomes and 120 multi - family homes will yield 73 high school students, 63 middle school students and 119 elementary school students for a total of 255 new 0 0 Rezoning #01 -07 — Jordan Springs February 5, 2007 Page 4 students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. 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. Frederick County Attorney: Please see attached letter dated October 23, 2006 from Robert T. Mitchell, Jr., County Attorney. Planning Department: Please see attached letter dated September20, 2006 from Susan K. Eddy, Senior Planner and response letter from R. David Zollman (Bowman Consulting) dated January 10, 2007. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A -2 (Agricultural General). 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 subject property and all other A -1 and A -2 zoned land to the RA District. On December 12, 2001, 10.33 acres of this site was rezoned from the RA (Rural Areas) District to the B2 (Business General) District with proffers, with the HA (Historic Area) overlay zone. StaffNote: When 10.33 acres of this properly was rezonedfrom RA to B2 with HA in 2001, a surveying error was made. This proposal depicts the area rezoned and the area the county believed they were rezoning in 2001. The proposed changes are to the zoning districts as they were officially adopted Three Comprehensive Policy Plan Amendment (CPPA) requests to bring this site into the UDA have previously been submitted. CPPA 403 -04 and CPPA #01 -05 were not selected by the Board of Supervisors for detailed study. A CPPA application was also submitted on August 8, 2006, after the June 1, 2006 deadline. It was returned to the applicant. 2) Comprehensive Poliev 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 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 -1] • Rezoning #01 -07 — Jordan Springs February 5, 2007 Page 5 Land Use The site is within the limits of the North East Land Use Plan ( NELUP), a component of the Comprehensive Policy Plan. The land use plan identifies the site as a rural area. The plan specifically calls for the preservation of rural areas. The plan does not identify the site for residential or commercial uses. The proposed rezoning for residential and commercial uses is therefore contrary to the Comprehensive Policy Plan. The site is outside of the Urban Development Area (UDA) and only a small portion of the site (around the B2 zoned area) is within the Sewer and Water Services Area (SWSA). The Comprehensive Policy Plan confines urban development, such as this proposal, to the UDA, while also allowing commercial and industrial uses in the S WSA. The proposed development is therefore not in conformance with the Comprehensive Policy Plan. The NELUP states that business and commercial land uses which adjoin existing residential uses and significant historic resources should be adequately screened to mitigate impact. The more general policies of the Comprehensive Policy Plan recommend a number of design features for business properties. These include landscaping, screening and controlling the size and number of signs. Given the historic Jordan Spring setting, it would be appropriate to also consider building design, layout and materials. These design elements should be incorporated into this application. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Woods Mill Road as an improved minor collector. The applicant has not committed to providing sufficient right -of -way or constructing this road to a minor collector standard. The NELUP calls for Level of Service (LOS) Category C or better on roads impacted by new development. The Traffic Impact Analysis (TIA) indicates some surrounding roads will have levels of service less than C which is contrary to the Comprehensive Policy Plan. See detailed comments on the TIA below. 3) Site Suitabilitv/Environment The site contains significant environmental features. Several streams flow through the property including Hiatt Run, Lick Run, and several small unnamed streams. There is floodplain throughout the site along Hiatt Run and Lick Run. Approximately 233 acres of the site lie within the floodplain and this is shown on the Generalized Development Plan (GDP). There are wetlands on the site and these will need to be shown on the Master Development Plan (MDP). The steep slopes along Hiatt Run and Lick Run have created the area known locally as Devil's Backbone. Approximately 40 acres of the site have slopes of 25 -50 %. Some will be graded for housing. Approximately 7 acres of the site have slopes over 50 %. These will remain largely untouched except for roadways. Some prime agricultural soils (32B — Oaklet silt loam and 44B — Zoar silt loam) exist on the site, primarily in the floodplain areas. Rezoning #01 -07 — Jordan Springs February 5, 2007 Page 6 The site abounds with mature woodlands. A detailed inventory of existing vegetation was provided by the applicant. The North East Land Use Plan calls for identifying environmental resources and developing methods to protect these resources. Staff Note: The applicant has identified environmental resources, but has not committed to protecting these resources, other than providing a super silt fence. 4) Potential Impacts A. Transportation A traffic impact analysis (TIA) was prepared for this application by Patton Harris Rust and Associates (PHR &A) dated August 2, 2006 and revised January 9, 2007. The TIA analyzed traffic in two phases. Phase 1 (2008) assumed 140 single family detached units, 48 single family attached units and 48 apartment units. For Phase 1, all roads adjacent to the immediate site function at Level of Service "C" or better given the proffered improvements (see Figure 9 of the TIA). Looking beyond the site, for Phase 1, Level of Service less than "C' will occur at Martinsburg Pike (Route 11) and Old Charlestown Road (Route 76 1) and Berryville Pike (Route 7) and Woods Mill Road (Route 660). Improvements have been proffered by the developer of Snowden Bridge for the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). Phase 2 (2010) assumed 365 single family detached units, 120 single family attached units, 120 apartment units and 90,000 square feet of office space. (The TIA modeled office space but retail is allowed on the site. Thus the worst case scenario has not been modeled.) For Phase 2, all roads adjacent to the immediate site function at Level of Service "C" or better given the proffered improvements (see Figure 14 of the TIA). Looking beyond the site, for Phase 2, Level of Service less than "C' will occur at Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761), Martinsburg Pike (Route 11) and Stephenson Road (Route 664), and Berryville Pike (Route 7) and Woods Mill Road (Route 660). This applicant has proffered a traffic signal at the intersection of Martinsburg Pike (Route 11) and Stephenson Road (Route 664) before the commencement of Phase II. Improvements have been proffered by the developer of Snowden Bridge for the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761), but an additional left turn lane beyond what has been proffered is required to achieve Level of Service C. No improvements are proffered for the intersection of Berryville Pike (Route 7) and Woods Mill Road (Route 660). The applicant has proffered a monetary contribution towards road improvements (see proffer statement below). B. Sewer and Water The site is wholly outside of the Urban Development Area (UDA) and only a small portion of the site is within the Sewer and Water Service Area (S WSA). The applicant has estimated that the development will generate 423,600 gallons per day of wastewater. No precise estimate for water usage was provided. The estimate for sewage generated included only residential units, not the commercial component. Sewage will be treated at the Opequon Treatment Plant. Rezoning 401 -07 — Jordan Springs February 5, 2007 Page 7 The FCSA commented that it is constructing a wastewater pump station that will provide service to the property and that water facilities in the vicinity of this property have capacity to meet the projected demand. The Frederick - Winchester Service Authority noted that if all rezoned properties yet developed within the Opequon Service Area were connected prior to this development, no capacity would be available. The applicant will dedicate the on -site land area required by the Frederick County Sanitation Authority (FCSA) for the Stephenson Regional Pump Station and grant the necessary on -site easements to FCSA for the Stephenson Regional Force Main. C. Historic Resources This site contains historic resources. The Jordan White Sulfur Spring Spa was constructed in 1893 on the site of an earlier springs resort, and the main structure embodies late -19` century vernacular buildings traditions of the era. The 3 'h -story brick building is the only surviving example of a 19` centry springs resort hotel in Frederick County. It has been determined to be eligible for the Virginia Landmarks Register and the National Register of Historic Places. Other historic structures on the site include a frame cabin, a frame shed and an open octagonal spring house. An HA (Historic Area) Overlay Zone was established on 10.33 acres of this property when it was rezoned to the B2 District in 2001. Within an HA overlay, the HRAB must approve all new construction, reconstruction and significant exterior alterations. This includes buildings, structures and signs. (As stated earlier, the NELUP states that business and commercial land uses which adjoin significant historic resources should be adequately screened to mitigate impact. The more general policies of the Comprehensive Policy Plan recommend a number of design features for business properties. These include landscaping, screening and controlling the size and number of signs. Given the historic Jordan Spring setting, it would be appropriate to also consider building design, layout and materials.) Staff Note: This application contains no extra buffering or screening and no signpackage. The applicant intends to establish architectural and design covenants (see proffer statement below), but these are unknown to staff at present. D. Community Facilities 604 new housing units, plus a commercial component, will have a significant impact on community facilities. The applicant has proffered a monetary contribution to offset these impacts based on the county's current Development Impact Model. The applicant has proffered to construct a 10 foot wide trail within a 20 foot wide corridor to be dedicated to Frederick County along the stream valley. The applicant will also construct a community center and pool for the residents' use. 0 0 Rezoning 401 -07 — Jordan Springs February 5, 2007 Page 8 5) Proffer Statement— Dated January 10, 2007 Staff Note: This proffer statement would replace the proffer statement associated with REZ #10 -01. The Proffer Statement needs to accurately reflect the rezonings and acreage sought. A) Generalized Development Plan A Generalized Development Plan (GDP) and Proposed Zoning Boundary Exhibit have been proffered. The GDP shows the general locations of the two main roads for the residential portion of the site, the two phases, the location of the open space and the location of the trail. B) Land Use The residential density is up to 3.2 units per acre (604 units for 188.85 acres). The combined percentage of townhouse and condominium units shall not exceed 50% of the total number of residential units. Commercial development on the property is limited to 90,000 square feet. Staff . County records indicate that there is already 21,134 square feet offloorspace on the property. This would count towards the 90, 000 square foot (?followed commercial floorspace. A number of B2 uses will be prohibited in the B2 portion of the site that is within the Historic Overlay District. These include general merchandise stores, apparel stores, amusement services and self - service storage facilities. Staff Note: This is not the same list of uses that was proffered with the 2001 rezoning. That proffer statement allowed only a small number of uses: health services, legal services, engineering, accounting, research, management and related services, general business office, public buildings, and residential uses which are accessory to allowed business uses. One B2 use, automotive dealers, will be prohibited in the B2 portion of the site that is not within the Historic Overlay District. All other 132 uses will be allowed. The rest of the prohibited uses listed in the proffer statement are not even allowed in the B2 District. Staff Note: Given the historic setting, the applicant should consider re- evaluating the uses allowed in the B2 portion that is not included in the HA. It may not be appropriate to place uses such as gasoline service stations, car washes and self - service storage, adjacent to a historic overlay district. C) Transportation A monetary proffer of $5,000 per single family detached unit, $4,000 per townhouse and $4,000 per multi - family unit has been proffered for regional transportation improvements. The improvements are to be used within the area identified as the "Northeast Geographic Region ", identified on an attached plat. StaffNote: No plat identifying a "Northeast Geographic Region" has been included with this application; therefore, the area in which the proffered money can be spent is unclear. 0 0 Rezoning #01 -07 —Jordan Springs February 5, 2007 Page 9 A traffic signal is proffered at the intersection of Martinsburg Pike (Route 11) and Stephenson Road. Site entrance improvements with right and left turn lanes are to be provided in three locations. Staff Note: These three locations should be labeled on the GDP. The existing access to the Historic Jordan Springs Property will be eliminated. Access will be provided from the internal street serving the residential area. StaffNote: These locations need to be labeled on the GDP. StaffNote: The previousproffer statement limited the number ofentrances andprovided right- of-way along Jordan Springs Road (Route 664). This application, with new residential and commercial uses, does not limit entrances and does not provide additional right -of -way. D) Architectural Guidelines The applicant will establish architectural and design covenants for the overall community including an architectural review board. Staff Note: The previous proffer statement limited the number, type and size of signs. E) Housing Types The applicant has included in the proffer statement standards that reduce the required front setbacks for single family detached traditional lots, single family detached urban lots, single family cluster lots and townhouses. Reduced standards for the size of the single family detached cluster lots are also included. Staff Note: Reduced standards are not allowed by County Ordinance. Proffers impose additional, not alternative, zoning regulations. The applicant has included a new housing type, Neo- traditional, in the proffer statement. Staff Note: New housing types are not allowed in the RP District. Only the uses specifically established in the RP District are allowed in the RP District. Proffers impose additional, not alternative, zoning regulations. The Zoning Ordinance only allows the introduction of new housing types in the R4 (Residential Planned Community) District. F) Phasing Phase I of this project will consist of 236 residential units. Phase 11 will be the ultimate build - out of 604 residential units and 90,000 square feet of commercial floorspace. If the traffic impact of Phase I exceeds the TIA projections, then the improvements to be constructed with Phase 11 will be completed before Phase 11 begins. 0 0 Rezoning 401 -07 — Jordan Springs February 5, 2007 Page 10 Staff Note: This proffer is very unclear. It should clearly state the traffic projections, how and when they will be verified, and the precise improvements that are proffered and at what time. G) Monetary Contribution A monetary contribution of $22,098 for each single family unit, $15,530 for each townhouse and $8,739 for each multi - family unit has been proffered for fire and rescue, general government, public safety, library, parks and recreation, and schools. This is consistent with the Development Impact Model projected impacts as updated by the Board of Supervisors on September 13, 2006. The proffered amount for Parks and Recreation may be reduced to the extent that the cost of the trail (see below) exceeds the value of the required recreation units. Staff note: The reduction in the monetary proffer for Parks and Recreation is inappropriate. The impacts to Parks and Recreation reflected in the Development Impact Model are based on the impacts to the capital facilities in County Parks caused by the increase in population in this development. H) Parks and Open Space The applicant will dedicate a 20 foot wide trail easement to Frederick County and construct a 10 foot wide asphalt trail within the easement. The trail shall be constructed within the Hiatt Run and Lick Run stream corridors for approximately 2,500 linear feet. The trail will be maintained by the Property Owners' Association until it is dedicated to Frederick County. The proffer statement also states that "in consideration of the cost and maintenance of said trail and trail easement prior to dedication, the applicant shall receive all Recreational Unit credits, which may be dictated by Frederick County ordinances at the time of the construction of this development ". StaffNote: It is unclear to staff what "all " recreational unit credits means, or how the value of the easement will be calculated. The County's established practice with traits is to have them constructed by the developer and owned and maintained by a property owners' association, with a public access easement for public use. The GDP shows the general location of the trait along Hiatt Run on the west side of Jordan Springs Road. Staff would encourage a continuation of the trail on the east side of Jordan Springs Road. 1) Community Recreation The applicant will construct a community center and pool in a location identified on the GDP. The construction will commence before the issuance of the 200' residential building permit and be completed before the issuance of the 300 residential building permit. The improvements will count towards the applicant's required recreation units. StaffNote: The location of the community center is not shown on the GDP. 0 Rezoning #01 -07 — Jordan Springs February 5, 2007 Page I 1 J) Water and Sewer The applicant will dedicate the on -site land area required by the Frederick County Sanitation Authority (FCSA) for the Stephenson Regional Pump Station and grant the necessary on -site easements to FCSA for the Stephenson Regional Force Main. Stafffote: The location and size of these areas are unclear. K) History The applicant will conduct a Phase I archaeological survey for the disturbed areas on the property and perform additional work if necessitated by the results of Phase I, including curation of any artifacts deemed to be of historical value. The Phase I survey will be submitted at the time of submission of the Master Development Plan. STAFF CONCLUSIONS FOR THE 02/21/07 PLANNING COMMISSION MEETING• This site is outside of the Urban Development Area (UDA). It is planned to remain rural in the Northeast Land Use Plan. The proposed commercial and residential uses are therefore contrary to the Comprehensive Policy Plan. A portion of the site is historically significant and this will be retained within the Historic Overlay District; however, the historic setting should be buffered from the proposed new uses. The site is ecologically important, but there is little commitment to the protection of natural resources. Woods Mill Road is not being improved to a minor collector standard as called for in the Eastern Road Plan, and not all surrounding roads will function at a level of service C with this development. The applicant is seeking to introduce anew housing type and new housing standards, and these are not allowed in the RP (Residential Performance) District. Following the requirement for a public hearing a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Frederick County, VA Rezoning REZ # 01 - 07 Application Jordan Spring! Parcel ID: 44 - A • 294, 294A Location in the Louri Map Features D l.ekesPands + SVecros Buildings eherts ft� Primary - :L- Secondary Tertiary ti Ap pogreppy (5'inlervaq - Application aaaa. 1 125250 500eet Location in Surrounding Area \ 3NSONAS IATES 44 A A .a. 413.03 r� s a >o 1 � '•.. v ` IONGENB zo ac. v diTH 1 45 A 15E \ f x \ i Frederick County, VA Rezoning REZ # 01 - 07 Application Location in the County Map Features p Ukesl ends &reams asners Primary Sn. Aary Temiary O APPlicalion Jordan Spring; Parcel ID: 44 • A • 294, 294A Location in Surrounding Area Z GO Frederick County, VA Rezoning REZ #01 -07 Application Jordan Spring; Parcel ID: 44 - A - 294, 294A Location in the County Map features 6 Lekes'Ponds Zoning +- Streams ells 81 (Business, Neighborhood Daniel) • Build 1, 64 (Business, General Diablo) Reefs as (Business. IndusUlalTransilion District) 4 mdry EM(Eldmcllve Manufacturing Dislricp Secondary alle HE (Higher Education District) 1a Temiary • MI(Indurnial, Light District) Application ® M2 (Industrial, General District) MH1 (Mobile Home Community District, Me (Medical Support Dieted) elli, R4 (Residential, Planned Cammuniy Disind) 411111, Its (Residential Recreational Community Dished) RAZ (Rural Area Zone) RP (RasWBM.1 Performanea Disldct) 01,110 50 p 0 eet Location in Surrounding Area Frederick County, Map Features m LakeslPonis Zoning Streams ass, BI (Business, Neighborhood! Dialed) sale Buildings as, W(Business, General Didrid) Sheets else B3(Bialmos, Intluslmll Trinaillon District) ft Primary • EM(Exlredive Manufacturing Distrid) - Secondary • HE (Higher Education District) ti Tertiary as, M1 (Industrial, Light District) Topography(SInterval)w M2 (Industrial, General Dishiid) -Appr tian as, MH1(Mobile Home community District) all MS (Medical Support Distrito else R4(Reaidemial, Planned Community Ditrid) R5 (Residential Recreational Community District) RA (Rural Area Zone) RP (Residential Perrormance Disaid) Location in Surrounding Area INI)F . / Fre C ': \ 4 h •rA - �� . 1. 4 4 `�\ Rezoning f fS, ,f J / REZ # 1 1 r 4» .. Fbhyred lr \' '• ® ` .!6 :y a � 4 1 4 N .. r h 4�f, h \� � T / • . CS4 1 14 4 y VlYVl 1' .l { `' } l Flf•fl�'�% Oti VP4'h�•i1,�, \�.'•b i h4. ` 0 ( l �® . J o r da n • • 1 1 Y ��fY �'� C l C 4 40PtC4�4I F��NM10 •, P arcel ID ih4'y` .h 4? 4 Y44Y'',•C.i4 C! y l� r,40{F.rY l.i�if Fh SO }SCI iyr';fil Location in the Countj y044ir ., i 1� f ifh4� 1 FYfiC �:•» r Y °1• �yi' l ti ❖:Sv : •'bih� � ?f }:x.•,w •�,, \ f e •.rrl .•Cra`ti .4o- •FEloh4 h l \`C C .± Y:'. >•• F1 ss CCPFI 11 Lv hr:,F h4 T ! FC Map Features AV 0 Lakes/Ponds Long Range Land Brad Rural Community Cantu Cti Streets Business 41* Pri..W P5, lulosift Secondary ratiftutbral 1 ' aS, Mixed-Use ,QSo Planned Unit Deaslopment Location in Surrounding Pwoa Mlii� 012510 11 01, at 4 ' �� NIJl LEGEND DEVELOPED LAND 2: ENVIRONMENTALLY 5EN51TIVE AREA: FLOODPLAIN 3a: YOUNG 5UCCE55IONAL GROWTH 3b: MID -AGED 5UCCE55IONAL GROWTH 4a: VIRGINIA PINE FOREST 4b: VIRGINIA PINE WITH MATURE HARDWOODS 5a: YOUNG HARDWOOD FOREST 5b: ENVIRONMENTALLY SEN51TtVE AREA: HARDWOOD FOREST ON SLOPES >20% 5c: MATURE HARDWOOD FORE5T EXISTING VEGETATION ANALYSIS THE PRE5ERVE AT JORDAN SPRINGS FREDERICK COUNTY, VIRGINIA 7�1 7 iH 44B 913 96 A 41E' 1C 113 501L5 EXHIBIT \ THE PRESERVE AT JORDAN SPRINGS IFREDERICK COUNTY, VIRGINIA SCALE: NT5 JULY 2006 1C I tip �i� 41D 44C 41E -- `' 9C 41 m r '6 501L TYPE LEGEND I BERK5 CHANNERY SILT LOAM 9 CLEARBROOK CHANNERY SILT LOAM 32 OAKLET SILT LOAM 41 WEIKERT -15ERK5 CHANNERY SILT LOAM ® 44 ZOAK SILT LOAM NOTE: 5EE 501L5 INFORMATION 5FREAD5HEET FOR DETAILED ANALYSIS. Bowman C 0 N S U L T I N G i i 0` SLOPE t RUNOFF ANALYSIS `. THE PRESERVE AT JORDAN SPRINGS,' FREDERICK COUNTY, VIRGINIA 5CALE:NT5 JULY 2006 LEGEND 0 -15% SLOPES 15 -25% SLOPES ® 25 -50 % SLOPES ® 50 %+ SLOPES - - MAJOR RIDGELINE5 • • • • • MINOR RIDGELINE5 - 5WALES <-• ••- INTERMITTENT/ PERENNIAL STREAMS DIRECTION OF RUNOFF Bowman C O N S U L T I N G *7,* IV A � q- tY • �� . i ST( E SR1ME 2 SMY ` ' Nna aunxlE� // YYl4 \ , FF .E N5IX SYJEIIAIOR— EFR .KTOEWIO � Wm R ;W TFM iLOW RYNOA ✓� / � J mJ � a TWA ,_ a1 T.M. 44— A -294A \ 175.90M ACRES M /� NP9Q145T£ ILG1101 q 1w j E3 W D 5a �Q EA9F5pT D 5 AS w SN 1 TAE FT -IM TY W-7 -14 w a Mm1 • / ',\ N51R .05lIEml K Iii, 1a m ._ TA TYf Mews L. 51TP WELL M Dl 5A, w Ili SEE DETAIL �V I �UDW. -E / 1� AC 61YY1 ' BEDIN (f&'Sw w bm x 774R� E v i tlr3RE TO IPS f � 5 E .r la.n 52o%PW E' 9 1R7AP E MRW 1tl < • r T]EE515E DA MS w IR6 a� M • AI1Ep M E51MWD av TY s , iEP TY 4Sffd lgff K ISYtlAI IIEIIL .'YEW I�NI TA b NATI K ! RtEWI! N lOB 5118 IMROII! .w\ / SEE N r{rir T DETAIL O e cr xuE 6WxE WMMONMEAI.TH W NRONIA IT1 T 5 47,rw T D.B. 921, PO 1199 WW 190.N' (02937 ACRE) (11E1 ITE NM. -P17 RMEip EgEFb 51ECIWC Wxmc ow1EAE T¢w+RE w6 • AI1Ep M E51MWD av TY s , iEP TY 4Sffd lgff K ISYtlAI IIEIIL .'YEW I�NI TA b NATI K ! RtEWI! N lOB 5118 IMROII! .w\ / I Q APT 11 , �..._ N r{rir T y 55' WMMONMEAI.TH W NRONIA pf D.B. 921, PO 1199 Iflf (02937 ACRE) al4T0.R� T RMEip EgEFb 51ECIWC Wxmc ow1EAE T¢w+RE w6 CURVE TABLE T.M. 44—A -294 5 ax O 512909 ACRES 1A W4T ZWER RAT2 I Q t'A'��150�' V ' \ 1T50Y94Y i : IS T x11'fAx' J. RL 117, JU Y ' SURVEYOR'S CERTIFICATE E WD R � A OLY W7CiD I RN1ElAI N T tlLNOOEYM W SRO1A W HO67 WARY WT TES NeT1A9Y WHET 6 G W A tlAIENt 5 NN WIMP AW R m m 55M ALL NE OeTE1N 4R1NNN5 AS W TE DALE W m RM1f1. MAT Au tAACRSS AM NDYRx® TO MO15A UAW OW NRIM 10D W NN TNT TE INNS 9MM NfAEN IA NR N M XME K A4 NLIOMS TY N-M{ OEY' D. E ND➢1 ND TK Y. IWNS TY .E-' A OSY 0. R MM71 NO iRC Y EYWS Au NWIE T1E u10 1¢ams W NTTOeW WExrc, 1MWA TS OI >! C T. Nu 00 1 "�1,oa E Np 4m 0 l SWE N iQT 5 11]T2r E /IT9T SITE A VICINITY YAP SCALE : 1 -2000' LEGEND N r{rir T y 55' T pf Ff-1fM Iflf a M E 551 R a S1 w RMEip EgEFb 51ECIWC Wxmc ow1EAE T¢w+RE w6 CURVE TABLE 5.,,rwE O L000.0D' t'A'��150�' V ' \ 1T50Y94Y i : IS T x11'fAx' J. RL 117, JU Y ' SURVEYOR'S CERTIFICATE E WD R � A OLY W7CiD I RN1ElAI N T tlLNOOEYM W SRO1A W HO67 WARY WT TES NeT1A9Y WHET 6 G W A tlAIENt 5 NN WIMP AW R m m 55M ALL NE OeTE1N 4R1NNN5 AS W TE DALE W m RM1f1. MAT Au tAACRSS AM NDYRx® TO MO15A UAW OW NRIM 10D W NN TNT TE INNS 9MM NfAEN IA NR N M XME K A4 NLIOMS TY N-M{ OEY' D. E ND➢1 ND TK Y. IWNS TY .E-' A OSY 0. R MM71 NO iRC Y EYWS Au NWIE T1E u10 1¢ams W NTTOeW WExrc, 1MWA TS OI >! C T. Nu 00 1 "�1,oa E Np 4m 0 l SWE N iQT 5 11]T2r E /IT9T SITE A VICINITY YAP SCALE : 1 -2000' gAfeE m LEGEND 56 EENE16 REx 0.0D YT 55' EfRE16 Rql RW MMO pf ppplES ROX PPE E9.M EpgIQ NIO! SEY x56 -�` —7— RMEip EgEFb 51ECIWC Wxmc ow1EAE T¢w+RE w6 CURVE TABLE gAfeE m RAw15 MF MTA TN191T CNO D Ullllm ffMW: O 'Y6W LETS' 17A °AG 1' IPA 5.,,rwE O L000.0D' W4T W.1T3r KRI' MW S 1OWW E O ma MW WER14' STAR 1117x' 552 w O 11ARlr PAIR M=W 111W M.'r 5 mor R WO 11,L1.1R aw EDIRY lmw elm b w R O S0.L1W NSW wMYr 1W.W MuSr S R7 r E nO 7Y71W N12tl ww'2r 1 W W NLIr x pr>!'22' NOTES 1. M NIQFRIp 51tl5X IF]FDI N£ IMAIFD OI IMDOEOf gM11Y TAY ASSE5910R YM TY N-A -lw OYIO 0.R M11N ND lOE Y WlA¢ NSIRYRf piW WSS TY M -A-NIM ROUE 0.R M10M ND T01E R. x4WKE MSIMRRNf piWYW 1 TK IRYOIT IIR59EY BY I1F111Y 141N)IK 1111E NRSIMN.E W W4W gYYOpI MASRA °JIwT. MIFD 9VINNFM 1 LN6 1 AE APIMOVrIE LYIS 61W YFM SLOW NNI'IF1E TM91 EMOI {iRDpSpt W1Al1Y W8 BOUNDARY SURVEY OF THE PROPERTES OF GREG D. W. AIM= AND TOM H. WA=CE INSTRUMENT 002000515) S10NERe5LL MAOSI AL MSTOCT E ERICK CWNW. MRONIA MARCH 3, 2005 1 C O N S U L T I N 6 6meA.E�R,. P N EenCM Ater Se4l aitIDtl WmMare, r6✓✓avwi waw.cn+narwnMiry.um FOR • `.. " M ilia A IN OWNERS Greig D. W. Aitken � Tonic M. Wallace - Aitken I I GO Jordan Springs Road Stephenson, Virginia 22G5G Ph: 877 - 837 -8313 APPLICANT Drees Homes 55 10 Cherokee Avenue — Suite 300 Alexandria, Virginia 2231 2 Ph: 703 - 941 -OG 17 AGENT Bowman Consulting Group 124 East Cork Street Winchester, Virginia 22GOI Ph: 540- 722 -2343 REZONING APPLICATION F'ORIM 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: Drees Homes Telephone: ( 703) 941 -0617 Address: 5510 Cherokee Avenue, Suite 300 Alexandria, VA 22312 2. Property Owner (if different than above) Name: Greig D. W. Aitken, 'Tonie -M. wallaceTelephone: Address: 1160 Jordan Springs Road (877) 837 -8313 Stephenson, VA 22656 TM: 44 -A -294 and 44- A -294A 3. Contact person if other than above Name: Bowman Consul Telephone: (540) 722 -2343 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 S. 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: Greig D. W. Aitken an d Tonie M. Wallace Drees Homes 6. A) Current Use of the Property. RA /B2 B) Proposed Use of the Property: RP 7. Adjoining Property: PARCEL ID NUMBER USE ZONING (See List) 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): The property fronts onto both Jordan Springs (Route 664) and Wood's Mill Road (Route 660); (There is an adjoining Property at the intersection) 12 • i 9. The following informati should be proaVicled according to the type of rezoning proposed; Number of Units Proposed Single Family homes: P Prof fers Townhome:Pe Prof fers Multi - Family: Per Pr offers Non- Residential Lots: - - Mobile Home: - Hotel Rooms: - - Square Footage of Proposed Uses Office: TBD Service Station: - - Retaii: TBD Manufacturing: - - Restaurant: TBD Warehouse: - Other: TBD 10. 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 a accurate to the best of my (our) knowledge. Applicant(s): /h /GH9tZ L�rr,/+n'I Owner(s): Date: — 41 o'7 Date: Date: / a Date: ' �� O7 '_3 01/15/2007 12:31 5407225080 BOWMAN CONSULTING jJ AA 2 Special Limited Power of Attorney I County of Frederick, Virginia - - - -� 1— Frederick Planning Web Site: w".co.frede-rickcva.ua Depnrtroentof Planning & Development, County of PSYderick Virelola, 107 North Kent Street, Winchester, Virginia 22601 Phone 540. 665 -5651 Facsimile 540-05-6395 Know All Men By Bose Present: That I (We) . 9 (Name) C�REI& D. W. IITKEn1 C la'lC m. 877- S'S 8313 (Address) 111,2 3eEDht3 RED, , ?A 22Cps� the owner(s) of all those tracts or parcels of land (" Property") conveyed to me (us), by deed recorded is the Cle&s Office of the Circuit Court of the County of Frederick, Virginia, by InsinuncntNo. 0200004.53 on Page , and is described as Parcel: _ Lot Block; _ Section: _ Subdivision: TtAM 44-A- € 44-y -29 44 do hereby make, constitute and appoint: (Name) LAwso0 A L�*p sit - EK E P (~, C . (Phone). (Address) P n, &i< 2740 wlrycY6- i72. UA 2.Z JaCOt To act as my flue and lawful attomey -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 plarming applications for my (our) above described Property, including: pl3 Rezoning (mcluding proffers) ❑ Conditional Use Permfts 0 ' Master Development Plan (Preliminary and Fiwtl) 0 Subdivision O Site Plan My attomoy -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 ,e) have hereto sec m (our) band d seal this s day of >fw' aRr . 200Z, r �) State of Virginia, City /County of � P � C-. 1 L , To-wit: _ a Notary Public in and Srii the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing WA - ument personally a +deuced before me and has aclmowlcdged the same before me in the jurisdiction aforesaid this]R5day of 2001... ^1t�- Qt1L� My Commission Expires: Notary Public 6 2007 'IT • JORDAN STRINGS List of Acijolning Property Owners T.M. 44 -A -295 William #- Sharon M. Rexrode 1 099 Woods Mill Road Stephenson, VA 22656 D.B. 775, PG. 876 Zoning: RA T.M. 55 -A -1 33 Dorothy L. Bart 897 Woods Mill Road Stephenson, VA 22656 D.B. 322, PG. 395 Zoning: RA T.M. 55-7-1 Michael L. * Carol T. Sweet 362 Woods Mill Drive Stephenson, VA 22656 D.B. 637, PG, 41 2 Zoning: RA T.M. 55-7-14A William G. Meier III 6 Barbara E. Meier NSTR. #030000603 Zoning: RA Mailing Address: 207 Plaza Street, NE Leesburg, VA 201 76 T.M. 55 -7 -14 William G. Meier III t Barbara E. Meier 270 Lick Run Crossing Stephenson, VA 22656 D.B. 744, PG. 437 Zoning: RA T.M. 44 -A -3 I A Stephenson Associates, LC IN5TR. #030005765 Zoning: R4 T.M. 44 -A -292 Stephenson Associates, LC INSTR. #030005766 Zoning: R4 Mailing Address: 207 Plaza Street, NE Leesburg, VA 20176 Mailing Address: PO Box 2530 Winchester, VA 22604 Mailing Address: PO Box 2530 Winchester, VA 22604 T.M. 45 -5 -2- 17 Rene R. Carlson 154 Hummingbird Lane Stephenson, VA 22456 D.B. 698, PG. 45 Zoning: RP T.M. 45 -4 -1 -I Clark D. * Barbara K. Fortmey 128 1 Jordan Springs Road Stephenson, VA 22656 D.B. 542, PG. 35 Zoning: RP T.M. 45 -4- I -2 Clark D. * Barbara K. Fortiney 128 I Jordan Springs Road Stephenson, VA 22656 D.B. 542, PG. 35 Zoning: RP T.M. 45-5-2-1 G Michael 5. 8 Joan B. Sigler 141 hummingbird Lane Stephenson, VA 22656 D.B. G 17, PG. 234 Zoning: KP T.M. 45-4-1-3 John M. t- K. June Conley 1 327 Jordan Springs Road Stephenson, VA 22454 D.B. 484, PG. 22 Zoning: RP T.M. 44 -A -293 Brookfield Stephenson Village, LLC IN5TR. #0400021293 300 Zoning: K4 T.M. 45 -9 -3 -2 William D. �- Patsy L. Hoffman I G3 Monastery Ridge Road Stephenson. VA 22454 D.B. 585, PG. 442 Zoning: RA 0 Mailing Address: PO Box 2 15 Stephenson, VA 22454 Mailing Address: 8500 Executive Park Avenue, Suite Fairfax, VA 22031 Madmg Address: PO Box 22 5tephen5on, VA 22050 0 T.M. 45 -9 -3 -3 Terry F. t Angela Rudolph 170 Monastery Ridge Road Stephenson, VA 22656 IN5TR. #0500014891 Zoning: RA T.M. 45 -9 -3 -4 Ervin W. * Barbara K. Simons 220 Monastery Ridge Road Stephenson, VA 22656 IN5TR. #010007198 Zoning: RA T.M. 45-4-1-4 Christian F. Kiene 1 373 Jordan 5pring5 Road 5tephen5on, VA 22656 D. D. 509, PG. 214 Zoning: KA T.M. 44 -A -296 Herman D. Claar 102 Woods Mill Road Stephenson, VA 22656 Zoning: RA T.M. 44 -A -297 4 297A Harold R. d Carolme D. Conner 10 10 Woods Mill Road Stephenson, VA 22656 D.B. 804, PG. 207 Zoning: RA T. M. 55 -A -1 34 Harold R. t Caroline D. Conner 10 10 Woods Mill Road 5tephen5on, VA 22656 D.B. 804, PG. 207 Zoning: RA T.M. 55 -A -1 35 Ronald A. f Mary C. Lee 1947 Martinsburg Pike Winche5ter, VA 22603 D.B. 867, PG, 1843 Zoning: R4 0 0 0 T.M. 55A- 1 -22A Herman M. Clark, III 966 Woods Mill Road Stephenson, VA 22656 D.B. 840, PG. 824 Zonmg: RA T.M. 55A- 1 -2 1 Robert L. Williams 946 Woods Mill Road Stephenson, VA 22656 Zoning: RA T.M. 55A- 1 -20 JRW Properties * Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B. 596, PG. 51 5 Zoning: RA T.M. 55A- I -1 9 JRW Properties * Rentals, Inc. 13 South Loudoun Street Wmchester, VA 22601 D.B. 596, PG. 51 5 Zonmg: RA T.M. 55A -I -18 JRW Properties * Rentals, Inc. 13 South Loudoun Street Wmchester, VA 22601 D.B. 596, PG. 51 5 Zonmg: RA T.M. 55A- 1- 1 7 Tina Newlin 906 Woods Mill Road Stephenson, VA 22656 D.B. 960, PG. 103 Zoning: RA REZONING APPLICATION TABLE OF CONTENTS: Part I : Application Form Part II: Deed of Property Part III: Verification of Taxing Part IV: Adjacent Property Owners Part V: Impact Analy5i5 Report Part,.V.l: Proffer Statement Part VII: Completed Agency Comment Sheets Appendix I: Survey of Subject Properties IMPACT ANALYSIS REPORT EXHIBITS: Appendix II: Flood plain Study Appendix III: Wetland Study Appendix IV: Slope * Runoff Analy5i5 Appendix V: ExiStmg Vegetation Analy515 Appendix VI: Sods Exhibit * Information Spreadsheet Appendix VII: Traffic Impact Analy5i5 Illu5tration5 -For VDOT, Frederick County Dept. of Planning � Development, 6 Frederick County Dept. of Public Works only. Appendix VIII: Sewer � Water Exhibit Appendix IX: Historic Site Study -For Predenck County Dept. of Plannmcg d Development $ Frederick County Historic Resources Advisory Board. Appendix X: Generalized Development Plan