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HomeMy WebLinkAbout06-07 Application0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Torte conaplet_ed byP,lanhi Staff ° ° *- r try q4 9 Amendment Nu _ _ ' '' Date Receivecl� � � 30, 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. Applicants: Name: Oxbridge Development, LC Telephone: (301) 294 -4150 Address: 600 Jefferson Plaza, Suite 550 Rockville, MD 20852 2. Property Owner (if different than above) Name: Oak Ridge Properties, Inc. Telephone: Address: P.O. Box 885 Winchester, Virginia 22604 3. Contact person(s) if other than above Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 c/o Patrick Soweres Address: 117 East Piccadilly Street Winchester Virginia 22601 4. Checklist: Check the following items that have been included with this application. Location Map Agency Comments Plat Fees Deed of property Impact Analysis Statement Verification of taxes paid Proffer Statement 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: Oxbridge Development, LC Oak Ridge Properties, Inc. 6. A) Current Use of the Property: B) Proposed Use of the Property: Residential Recreational Community (Age Restricted) 7. Adjoining Property: SEE ATTACHED 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 is located West and adjacent to the existing/developing Shenandoah Age Restricted Community South of Route 277 and West of Route 522. 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number: 86- A -273D ilictrietc Magisterial: Fire Service: Rescue Service Opequon Stephens City Stephens City High School: Middle School: Elementary School Sherando R.E. Aylor Middletown 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 52.6 RA R5 52.6 Total acreage to be rezoned 2 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 160 Townhome Multi- Family Non - Residential Lots Mobile Home Hotel Rooms Square Footage of Proposed Uses Office Retail Restaurant Service Station Manufacturing Flex - Warehouse Other 12. Signature: 1 (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) Date * * � � Y/- - 100-7 7 0 0 Adjoining Property Owners Name Address Property Identification Number (PIN) Name: RAYMOND ANDERSON 296 GRANNY SMITH RD Property #: 86 A 2731 LINDEN, VA 22642 Name: STEVEN & TIFFANY MUNGER 101 GEORGETOWNE CT Property #: 86 A 273H STEPHENS CITY, VA 22655 Name: OXBRIDGE DEVELOPMENT AT SHENANDOAH LC 600 JEFFERSON PLAZA STE 406 Property #: 87B 1 5132B ROCKVILLE, MD 20852 Name: OXBRIDGE DEVELOPMENT AT SHENANDOAH LC 600 JEFFERSON PLAZA STE 406 Property #: 87B 1 3 88B ROCKVILLE, MD 20852 Name: OXBRIDGE DEVELOPMENT AT SHENANDOAH LC 600 JEFFERSON PLAZA STE 406 Property #: 87B 1 2 31B ROCKVILLE, MD 20852 Name: EFG, LC 340 W PARKINS MILL RD Property #: 93 A 77 WINCHESTER, VA 22602 STUART MADAGAN TRUSTEE Name: ANNA MADAGAN TRUSTEE 2093 DOUBLE CHURCH RD Property 93 A 79 STEPHENS CITY, VA 22655 ROBERT BRENNAN TRUSTEE C/O CHRISTOPHER Name: BRENNAN 2097 HUDSON HOLLOW RD Property 86 A 268 STEPHENS CITY, VA 22655 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property#: 0 0 Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REVIEW AND APPROVAL OF THE SHENANDOAH — OAK RIDGE PROPERTY Opequon Magisterial District December 2006 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 JUN `e L ? 2007 - - Phone: 540-667-2139 Fax: 540-665-0493 P RP C • • TABLE OF CONTENTS I. Application II. Impact Analysis III. Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket G Special Limited Power of Attorney County of Frederick, Virginia — Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -665 -6395 Know All Men By Those Present: That I (We) (Name) Oak Ridge Properties, Inc (Phone) (Address) P.O. Box 885 Winchester VA 22604 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 Deed Book: 604 Page: 792 Tax Map Parcel 86- A -273D Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117E Piccadilly Street Suite 200 Winchester Virginia 22601 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 X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attomey -in -fact shall have the authority to offer proffered conditions and to snake 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 _ e'i day of p 200'x, State of Virginia, City /cow t( e€ WSntrh ES'7k12 , To -wit: C igawlir (4 u ytc 6 0tti/ I, rn rrhAc t' mm x22 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personal v appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this All day of Jfj_ny 200 r ,JC��. - r�.r -iY✓ My Commission Expires: Ft kkik V42 f ay ROO g Not ry Public 0 Shenandoah — Oak Ridge ProfjerSJatement Oxbri( By: Title: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY. To -wit: The foregoing instrument was acknowledged before me this day of M )9 y , 2007, by C� L L i o r R . - T — o-rA I-1 My commission expires p G /© / Z// Notary Public � A /, j d v J� JUN 2 5 2007 l L { ) I l Page 6 of 6 ^R 0 C Shenandoah — Oak Bldye Pro#J r Statement Respectfully submitted, Oak Ridge Properties, Inc. Bv: Title: �( GS • �L's•� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: - rvm The foregoing instrument was acknowledged before me this day - .--+ _of may 2007, by ClAi,AF rl OxAs 6CP _ My co nL ssion expires - " 9 . "' V ctaiy Public - to r•� is ',= JUN 2 5 2001 1 � - j - Page 5 of 6 Frederick County, VA Rezoning REZ # 06 - 07 Application Shenandoah Oak Ridge Parcel ID: 86 - A - 273D Location in the County Map Features O Hamlets 0 Application U Al,ca b LakealPOnda Streams strew: Pnmay Or Seconii '�- Tertiary Winchester Rda ,a urban Area M SWSA Topography (5' interval) Double Tollgat O Lone Oak o Canterbury Ridgeway Location in Surrounding Area ® 0 125 250 5 teat I ® Case Planner: Mike Map Document: (t4:\ Planning_ And Development \_1_Locator_Mps\ Shenandoah _OakRidge_REZ0607_062707.mxd) 6/27/2007 -- 3:58:57 PM Location in Surrounding Area 0 1 25 0 SO�t 1 GK e K © Case Planner: Mike Location in the Cal Map Features Rezoning REZ #06 -07 Application Shenandoah Oak Ridge Parcel ID: 86- A -273D O Hamlets Zoning 0 Application Bt (Business, Neighloorhood District) O Airport o 92 (Business, General District) SS lakeslPonds t Bat (Business, Industrial Transition Dislnen -- Streams sli EM (Estractive Manufacturing District) streets sllli� HE (Higher Education District) , Primary silli MI (hematite, Light District) 1 secondary sn M2 (Indus General District) , Tertiary • MHI(Mobile Home Community Distdch �.- Wnchester Rds sills MIS (Medical Support District) Qe Urban Development Areal R4(Reakardial, Planned Community DisNe sills R5 (Residential Recreational Community Di RAZ (Rural Area Zone) RP (Residential Performance C imso we Sl Frederick County, VA v� Double Tollgat Lo'n0ak, Clintdrhury r r \. 'Ridgeway Map Document: (N:\ Planning_ And_Development \_1_Locator_Mps\ Shenandoah _OakRidge_REZ0607_062707.mxd) 6127/2007 -- 3:58:57 PM Frederick County, VA Rezoning REZ #06 -07 Application Shenandoah Oak Ridge Parcel ID: 86- A -273D Location in the Lountj Map Features O Hamlets ie Application D Airport $ LakealPOnEs s Streams Ip Primary �. Secondary '�- Tertiary - - Wino ester Rds Urban Ne M.pment Are. A,sW o one Oak O Canterbury E's Location in Surrounding Area 0 125 250 5 GK 4 © Case Planner: Mike Map Document: (N:\ Planning_ And_ Development \_t_Locator_Mps\ Shenandoah _OakRidge_REZ0607_062707.mxd) 6/27/2007 -- 3:58:57 PM REZONING APPLICATION #06 -07 SHENANDOAH —OAK RIDGE Staff Report for the Planning Commission Prepared: July , 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director 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. Action Pending Pending PROPOSAL To rezone 52.6 acres from RA (Rural Areas) District to R5 (Residential Recreation Community) District, with proffers. LOCATION The property is located west and adjacent to the existing Shenandoah age- restricted community south of Route 277 and west of Route 522. MAGISTERIAL DISTRICT Opequon PROPERTY ID NUMBER 86- A -273D PROPERTY ZONING RA (Rural Areas) District PRESENT USE Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: Reviewed Planning Commission: 08/01/07 Board of Supervisors: 08/22/07 Action Pending Pending PROPOSAL To rezone 52.6 acres from RA (Rural Areas) District to R5 (Residential Recreation Community) District, with proffers. LOCATION The property is located west and adjacent to the existing Shenandoah age- restricted community south of Route 277 and west of Route 522. MAGISTERIAL DISTRICT Opequon PROPERTY ID NUMBER 86- A -273D PROPERTY ZONING RA (Rural Areas) District PRESENT USE Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: Use: South: Use: East: Use: West: Use: PROPOSED USES 160 single family homes Rezoning 406 -07 — Shenandoah — Oak Ridge July , 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 522, 636 and 277. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Shenandoah /Oak Ridge Development Rezoning Application dated January 3, 2007 (revised April 19, 2007) 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 General 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 Marshall: Plan approval recommended. Department of Inspections: No comment required at this time. Shall comment on subdivision lots when submitted. Department of Public Works: We take exception to your conclusion that the Urban Development Area and Sewer and Water Service Area policies are not relevant to the subject property. Consequently, we will defer any further reviews until the comprehensive plan is amended to include the subject property Frederick- Winchester Service Authority: The comment I have relates to the Sewer Conveyance and Water Supply section of the application. In that section, there is discussion about the Crooked Run Wastewater Treatment Plant and its design and permit limits, which are accurate. However, it does mention that, "Should future needs dictate an expansion of the treatment plant, it is possible for the plant to be permitted to treat up to 600,000 gallons of water per day." This is only partially true because, exceeding the 500,000 gallon per day threshold, will make this a significant discharge facility; and, if I am correct in my interpretation of the Bay Regulations, it would require that the treatment facility acquire nutrient tradeoffs or offsets to exceed its present permitted amount of 250,000. This would be something that would have to be considered in an expansion and the acquiring of the nutrient allocations, which could, in fact, limit the size of expansion or if any expansion could occur without additional cost beyond infrastructure. Sanitation Authority Department: The statements in the section concerning sewage conveyance and water supply are correct. However, the Authority has a contract with Oxbridge Development, LC that does not allow sewage service to be provided outside the Shenandoah Development without the approval of Oxbridge Development. Such approval has not been given. The area also lies outside the Crooked Run Sewer Service Area. Department of Parks & Recreation: Plan appears to offer a monetary proffer adequate to offset the impact this development will have on the services provided by the County Parks & Recreation Dept. 0 0 Frederick - Winchester Health Dept.: The health department recommends that the applicant obtain approval from the permitting authority for the Crooked Run Wastewater Treatment Plant for the total projected wastewater flow including the currently approved 2,130 units and the 160 units proposed for approval. Note that the facility is currently approved for 250,000 gallons per day which, based on the applicant's estimated wastewater flow per unit, is already exceeded. Historic resources Advisory Board: 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. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it should not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surfaces. However, the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. Frederick Countv Public Schools: Based on the information provided, which states that this will be an age- restricted project, it will have no impact on the school division as far as student population; however, a concern for the increase of traffic, which will impact the transportation of students to and from school twice a day, does exist. County Attornev: I have reviewed the above - referenced Proffer Statement, with the revised date of April 19, 2007. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. It is noted that the Proffer Statement references a Generalized Development Plan, a copy of which is attached to the Proffer Statement. It would appear that the Generalized Development Plan only addresses the entrance issue, and is not a development plan in any other respect. It is noted that the Generalized Development Plan does not indicate a general location of roads on the site, nor does it indicate the general location of the attached and detached dwellings, the location of common areas, or the location of any other amenities. 2. It is noted that Proffer No. 1 (Land Use) contains a proffer (Proffer 1.1) which limits single - family dwelling units to 160. However, it is noted that there is no limit on the number of the single- family dwelling units which may be attached. Therefore, under this Proffer Statement, all 160 single- family dwelling units could be single - family, attached dwelling units. 3. With respect to Proffer 9. 1, which provides for a minimum of two -road access to Rachel Carlson Drive, it would be noted that the property which is the subject of the rezoning does not front on Rachel Carlson Drive. In addition, the strip of land located between Rachel Carlson Drive and the subject property is under different entity ownership than the subject property. There is no information in the proffers as to how access will be obtained, and whether the access will be by private road or public road. 4. In proffer 9.4, I would recommend that the proffered contributions by for "design and /or construction of transportation improvements... ". 5. As a clerical matter, it is noted that in the cover sheet of this Proffer Statement, the owner is identified as "Oakridge Properties, Inc." The proper corporate name for the owner is "Oak Ridge Properties, Inc." The signature block at the end of the Proffer Statement has the correct corporate name. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that 0 w review will be done by the staff and the Planning Commission. Planning Department: Please see attached letter dated May 18, 2007from Susan K Eddy, Principal Planner. Planning & Zoning: 1) Site History 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 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 -1J Land Use Transportation 3) Site SuitabilitylEnvironment 4) Potential Impacts A. Transportation Traffic Impact Anal Transportation Program, B. Sewer and Water C. Community Facilities 5) Proffer Statement — Dated January 3, 2007; Revised April 3, 2007, April 19, 2007, May 18, 2007 A) Generalized Development Plan B) Land Use C) Transportation D) Community Facilities 0 STAFF CONCLUSIONS FOR 08/01/07 PLANNING COMMISSION MEETING: The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the 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 he prepared to adequately address all concerns raised by the Planning Commission.