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Home My WebLink About10-07 ApplicationCOMY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 November 15, 2007 Mr. and Mrs. Jude Sparrow 240 Glendobbin Road Winchester, VA 22603 RE: REZONING 910 -07 Dear Mr. and Mrs. Sparrow: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of November 14, 2007. The above - referenced application was approved to rezone 7.73 acres from RP (Residential Performance) District to RA (Rural Areas) District. The property is located at 240 Glendobbin Road (Route 639) at the intersection with Quaker Lane, in the Stonewall Magisterial District, and is identified with Property Identification Number 42- 22 -5 -24. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, r' Michael T. Ruddy, AICP Deputy Planning Director MRT /bad Attachment 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 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 0 ! REZONING APPLICATION 910 -07 JUDE SPARROW Staff Report for the Board of Supervisors Prepared: October 31, 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 Recommended Approval Pending PROPOSAL To rezone 7.73 acres from RP (Residential Performance) District to RA (Rural Areas) District LOCATION The property is located at 240 Glendobbin Road (Route 639) at the intersection with Quaker Lane. MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBER 42- 22 -5 -24 PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: Reviewed Planning Commission: 10/17/07 Board of Supervisors: 11/14/07 Action Recommended Approval Pending PROPOSAL To rezone 7.73 acres from RP (Residential Performance) District to RA (Rural Areas) District LOCATION The property is located at 240 Glendobbin Road (Route 639) at the intersection with Quaker Lane. MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBER 42- 22 -5 -24 PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: RA (Rural Areas) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USES Residential (existing dwelling) • Rezoning #10 -07 — Jude Sparrow October 31, 2007 Page 2 REVIEW EVALUATIONS: None Required. Plannine & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcel as being zoned R -3 (Residential General). The parcel was re- mapped from R -3 to A -2 (Agricultural General) pursuant to the County's comprehensive down zoning initiative (Zoning Amendment Petition 4011 -80), which was adopted on October 8, 1980. Subsequent to the comprehensive down zoning, the property was subject to a rezoning, RZ 4019 -86, which rezoned 131 acres from A2 (Agricultural General) to RP (Residential Performance) district for single family residences. The RP (Residential Performance) district was established in 1983. Following rezoning RZ #019 -86, Master Development Plan MDP 4014 -86 for McGuire Hills for the development of single family residences was approved by Frederick County which led to the final action on this property which was the subdivision of McGuire Hills. Specifically, Section V, a subdivision of five lots, which was approved by Frederick County on August 23, 2000. Previously, the property was located within the County's Urban Development Area which was established in 1987. The UDA SWSA boundary modification exercise completed in 2006 removed this property and those in this general area from the Urban Development Area and Sewer and Water Service Area. 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 ] Land Use The property is located outside the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). It is not within the limits of any small area land use plan. The property is located in an area that is designated as a rural area. The rural areas of Frederick County are anticipated to promote agricultural and large lot residential uses without public water and sewer. Goals for the rural areas include maintaining the rural character of areas outside the Urban Development Area and protecting the rural environment. To this end, in September 2006, the modifications to the boundaries of the UDA and SWSA to more appropriately reflect the current land use designations of the Comprehensive Policy Plan were approved. Originally, this area was within the County's Urban Development Area as the original UDA was based upon larger drainage areas. Specifically, this area is within the Redbud Run drainage area which formed the boundary for the UDA in this area. • 0 Rezoning #10 -07 — Jude Sparrow October 31, 2007 Page 3 Within the RP (Residential Performance) zoning district, the Single - family detached rural traditional housing type is the only housing type that is permitted on an individual lot without public water and sewer. The minimum lot size for this housing type is 100,000 square feet. Within the RA (Rural Areas) zoning district, the maximum density permitted on anyparcel shall not exceed one unit per five acres. In general, the differences between the Residential Performance and Rural Areas districts as they would apply to this property revolve around the permitted residential densities and the permitted uses. The proposed rural area zoning would not enable future subdivision of this property. With regards to the permitted land uses, it should be recognized that agricultural land uses as listed in the zoning ordinance would be permitted with the rural area zoning. 3) Potential Impacts: No impacts are anticipated. This is a positive rezoning request that minimizes potential future impacts and addresses the Comprehensive Policy Plan. Due to the scope of this rezoning request a detailed impact statement was not required. A proffer statement was not provided with this rezoning request. STAFF CONCLUSIONS FOR 10/17/07 PLANNING COMMISSION MEETING: The land use proposed in this application is consistent with the Comprehensive Policy Plan and promotes the County's rural areas. This is a positive rezoning application as it removes an area of RP Zoning District from a location that would not be typically used for higher density housing because of its location outside the UDA and SWSA. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/17/07 MEETING Commission members commented that if the RA Zoning is approved, the applicant would be eligible to follow the basic principles of the Right -to -Farm Act and, theoretically, could raise hogs on the property if desired. The staff replied that within the RA Zoning District, agricultural uses are permitted. Commission members questioned whether the Right -to -Farm Act would supersede the covenants established by the McGuire Hills subdivision. The staff believed the subdivision covenants would continue to be valid; however, a determination by the County Attorney would be appropriate. The property owner /applicant said he had no intentions of raising hogs; he said this was strictly for horses. There were no public comments. The Planning Commission unanimously recommended approval of the rezoning. (Note: Commissioners Watt and Light were absent from the meeting.) Parcel ID: 42- 22 -5 -24 Y Location in 5urrounding Area pK ]SIMON 0 i00 200 QO F O eet o a ® Case Planner: Mike Frederick County, VA Re- Zoning REZ # 10 - 07 Application Jude Sparrow Location in the Lountl Map Features O Hamlets 1. Future Rt37 Bypass p Appliwtlon O LakeslPOntls ^— Streams Streets Primary N Sewmlary '�- Tereiary Urban Development Area -%I SWSA Topography (5' interval) O' Albin Map Document: (N:\ Planning_ And_ Development \_1_ Locator_ Mps \JudeSparrow_REZ1007_092107.mxd) 9/21/2007 -- 11:37:31 AM Frederick County, VA Map Features O Hamlets Zoning ral Future it Bypass _ B1 (Business, Neighborhood District) 0 App1mron B2 (Business, General Distrist) D LakeoPOnda rise B3 (Business, Industrial Transition District) -- Streams alle ENT (Extractive Manufacturing District) s Hial ngs alla HE (Higher Education District) Streets all M1 (Industrial, Light District) I Pdmary - M2 (Industrial, General District) 1 Secondary l MH1 (Mobile Home Community DISbIcs) I Tertiary all MS (Medical Support Districl) Topography(5 "nterva) . R4 (Residential Planned Communty Dislrc . Urban Development Areal RS (Residential Recreational community D RA(Rusal Area Distinct) RP(Resideirbal Perfarmance District) dry SWSA wf.AUVU m Jul I bu Ul' nsvd 1 1 100 200 4 1Peat Map Document: (N: \Planning_ And_ Development \_1_ Locator_ Mps\ JUdeSparrow_REZ1007_092107.mxd) 9/21/2007 -- 11:37:31 AM Location in Surrounding Area ` LK _ 100 200 40 n p eet O ® Case Planner: Mike Frederick County, VA Re- Zoning REZ # 10 - 07 Application Jude Sparrow - --i V 1 Parcel ID: Location in the Gountl 42-22-5-24 Map Features O Hamlets Nkv.Ft3T6ypass D Appllwtion a5 "kasftO. Streams 81 eeh Pnmay �. se�naay Z Te 3ry Qa ONan DevelopmentArea OW swsA in a° f Y Map Document: (N:tPlanning_And_Development\ 1_ Locator_ Mps WudeSparrow_REZ1007_092107.mxd) 9/21/2007 -- 11:37:31 AM • ( -- - SEP 1 9 2001 i!.' REZONING APPLICATION FORM I 1 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: q cl er y / O -C('- J Telephone: y 0 - 5.35 ? ?lj - Z Address: 2. Property Owner (if different than above) Name: Address: Telephone: 3. Contact person if other than above Name: \z2LM I k -) Telephone: Z- 4. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Comments _ Plat i / Fees Deed to property Impact Analysis Statement Verification of taxes paid —� Proffer Statement 10 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: ,.C"tz 2C 6. A) Current Use of the Property: B) Proposed Use of the Property: S, 7. Adjoining Property: PARCEL ID NUMBER Paz 6 �s spa as S ,� 3 �� ✓L 4Z 7- z - 6 35 �+z - IT - i ZONING If USE 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): 6� r39 /;tJ �� C� Ug ��r � l .2.�1 ' W 9 e� 4W s 1? I I 0 9. The following information should be provided according to the type of rezoning proposed O I A Number of Units Proposed Single Family homes: Townhome: Multi - Family: Non - Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 10. Signature: e 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): Owner(s): Date: Date: Date: Date: 12 Fredrick County We are seeking to down grade our zoned property from Residential Performance to Residential Agriculture. In short, these are the reasons why: 1) We do not intend develop the land as Residential Performance would allow us to 2) We would like to utilize our land for agriculture purposes: i.e. Horses. Respectfully Jude Sparrow i LEGEND OF - DRAINFIELD DB - DISTRIBUTION BOX RDF - RESERVE DRAINFIELD BRL - BUILDING RESTRICTION LINE BK976PG0384 200 0 200 SCALE: 1" = 200' GLE � 88I V gR /q8e ��/.� Rp S o � N 0 a� 9 . 0.6197 ACRES HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA 31 a 2 al �J� J ,N I RO BO BRL � c6 � m \ LOT 24 o a / 0 7.7321 ACR /%,Z,/ \ b (0 LOT 25 SEE SHEET 8 LOT 22 126' /y� f SEE SHEET 5 z �;1� WELL / OF RDF 2 J o_ ' s �. o t p1 19 1 LOT 21 � SEE SHEET 4 r JS I � I 20 110 01 1 S � t RP L\ �McGUi9E N pT tD USED 'IQCN11P 1 ' 01 t L \ \ LOT 2J SEE SHEET 6 t 01 SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE RIVAL SURD /VISION PLAT FOR _ ,, OpT OF ,, WGUIRE HILLS N SECTION V o S.W. Marsh GAINESEGRO MACISTERIAL DISTRICT No. 001843 FREDERICK COUNTY, VIRGINIA DATE 8 11112000 SCALE- 1 " =200' SHEET 7 OF 10 14 "D Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: JCS PHONE (540) 667 -0468 - FAX (540) 667 -0469 - EMAIL mlls ®shentel.net DWG NAME: idI665 27 +/l i r. 1� t ', • N 21 1 . fl m a 23 ft J Am 1 . C � J . 2� 1� d Y Y 24 { j , I; 22 S. 21 1 261A u M� 4 El El 0 0 REZONING APPLICATION #10 -07 JUDE SPARROW Staff Report for the Planning Commission Prepared: October 1, 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 7.73 acres from RP (Residential Performance) District to RA (Rural Areas) District LOCATION The property is located at 240 Glendobbin Road (Route 639) at the intersection with Quaker Lane. MAGISTERIAL DISTRICT Stonewall PROPERTY Ill NUMBER 42- 22 -5 -24 PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: Reviewed Planning Commission: 10/17/07 Board of Supervisors: 11/14/07 Action Pending Pending PROPOSAL To rezone 7.73 acres from RP (Residential Performance) District to RA (Rural Areas) District LOCATION The property is located at 240 Glendobbin Road (Route 639) at the intersection with Quaker Lane. MAGISTERIAL DISTRICT Stonewall PROPERTY Ill NUMBER 42- 22 -5 -24 PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: RA (Rural Areas) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USES Residential (existing dwelling) 0 0 Rezoning #10 -07 —Jude Sparrow October 1, 2007 Page 2 REVIEW EVALUATIONS: None Required. Plannin1l & Zoning: l) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcel as being zoned R -3 (Residential General). The parcel was re- mapped from R -3 to A -2 (Agricultural General) pursuant to the County's comprehensive down zoning initiative (Zoning Amendment Petition 9011 -80), which was adopted on October 8, 1980. Subsequent to the comprehensive down zoning, the property was subject to a rezoning, RZ #019 -86, which rezoned 131 acres from A2 (Agricultural General) to RP (Residential Performance) district for single family residences. The RP (Residential Performance) district was established in 1983. Following rezoning RZ 4019 -86, Master Development Plan MDP #014 -86 for McGuire Hills for the development of single family residences was approved by Frederick County which led to the final action on this property which was the subdivision of McGuire Hills. Specifically, Section V, a subdivision of five lots, which was approved by Frederick County on August 23, 2000. Previously, the property was located within the County's Urban Development Area which was established in 1987. The UDA SWSA boundary modification exercise completed in 2006 removed this property and those in this general area from the Urban Development Area and Sewer and Water Service Area. 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 -1] Lund Use The property is located outside the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). It is not within the limits of any small area land use plan. The property is located in an area that is designated as a rural area. The rural areas of Frederick County are anticipated to promote agricultural and large lot residential uses without public water and sewer. Goals for the rural areas include maintaining the rural character of areas outside the Urban Development Area and protecting the rural environment. To this end, in September 2006, the modifications to the boundaries of the UDA and SWSA to more appropriately reflect the current land use designations of the Comprehensive Policy Plan were approved. Originally, this area was within the County's Urban Development Area as the original UDA was based upon larger drainage areas. Specifically, this area is within the Redbud Run drainage area which formed the boundary for the UDA in this area. Rezoning #10 -07 — Jude Sparrow October 1, 2007 Page 3 Within the RP (Residential Performance) zoning district, the Single- family detached rural traditional housing type is the only housing type that is permitted on an individual lot without public water and sewer. The minimum lot size for this housing type is 100,000 square feet. Within the RA (Rural Areas) zoning district, the maximum density permitted on any parcel shall not exceed one unit per five acres. In general, the differences between the Residential Performance and Rural Areas districts as they would apply to this property revolve around the permitted residential densities and the permitted uses. The proposed rural area zoning would not enable future subdivision of this property. With regards to the permitted land uses, it should be recognized that agricultural land uses as listed in the zoning ordinance would be permitted with the rural area zoning. 3) Potential Impacts: No impacts are anticipated. This is a positive rezoning request that minimizes potential future impacts and addresses the Comprehensive Policy Plan. Due to the scope of this rezoning request a detailed impact statement was not required. A proffer statement was not provided with this rezoning request. STAFF CONCLUSIONS FOR 10/17/07 PLANNING COMMISSION MEETING: The land use proposed in this application is consistent with the Comprehensive Policy Plan and promotes the County's rural areas. This is a positive rezoning application as it removes an area of RP Zoning District from a location that would not be typically used for higher density housing because of its location outside the UDA and SWSA. Following the requirement for a public /rearing, 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. 0 O 35 J &ter 23 1 24 22 25 17 261A q a 21 A 6 21 25 17 261A