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Home My WebLink About13-04 Application"$M kR' Y .i3 ao'Yff.!e fl T 4Ya2v .J95r' .veYx,! 1.3+%EA1'%A`F5x rerlerrck .County Deiartn:ent,ofg1 annIna Development TO: Bob Mitchell FROM: Michael T. Ruddy, AICP� Deputy Director RE: Rezoning Application Proffer Statements DATE: December 09, 2004 Please find attached to this memorandum the proffer statement for the Westbury Commons Rezoning application that has recently been submitted to the Office of Planning Development. Also attached is the rezoning application, including the impact statement, and staff's most recent review comment for the application. Staff has a concern with an element of the content of the proffer statement and is seeking your legal perspective on this issue in addition to your usual review for correct legal form. More specifically, there is a concern regarding the wording of the proffer statement that provides for Generalized Development Plan (GDP). The current GPD depicts a community center that is accessed by a trail system. This community center may not be depicted accurately as it will have to be handicap accessible, provide parking and accessibility in addition to having to meet several other site planning requirements. The particulars of the construction of the building and the parking lot will be more detailed at the time of the Master Plan and the Subdivision Design. We would like an opinion on if we accept the GDP as is will we be obligated to let them construct the project exactly like the GDP or will we have some leeway on the design since this plan is "general A statement describing that the future community center will meet all applicable County requirements as identified through the Master Development Plan and Subdivision Design Plan may be sufficient to provide the assurances necessary at this point in the process. Thank you in advance for your thoughts and your continued assistance. cc: John Riley, Jr., County Administrator FILE COPY DEC -07-04 12:06PM FROM- GREENPIAY ENGINEERING P_C. Mail to- Frederick County Attomey Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Applicant's Name: Mailing Address: Current zoning: B2 Frederick County Attorney 151 Windy Hill Lane Winchester, VA 22602 Zoning requested: RP 5407229528 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information.. WESTBURY COMMONS REZONING (Greenway File #4079) Greenway Engineering Telephone: (5401662 -4185 Ann.: Evan Wyatt. AICP T 003 P 002/002 F 800 Location of property: Westminster Canterbury Dr.. approx 1 000' south of North Frederick Pike. Acreage: 3.13 County Attorney's Comments: Assistant County Attorney's Signature Date: Notice to County Attorney Please Return This Form to the Applicant FREDERICK COUNTY PLANNING DEVELOPMENT Rezoning Comments Planning Department Mail to: Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, VA 22601 (540) 665-5651 Current zoning: B2 Hand deliver to: 107 N. Kent Street Fourth Floor Winchester, VA (540) 665 -5651 F (a at ,a. n tIblie s s easefdl�'outath as'accuratelp as possrble�n orderto <assts a.uj a �a i`t W 4 i t t5f.A 2e+ ...r'se'w a u,9` ''ys5."a i -`x eF grin r lan i tti ent wih this revit t atopy of yotrrapplr 'a on f oi x y. roller statemen U. n t impact analysts;,and any oth information flat iiallo s x�.ta".,=l hi s`:,s S�+ lw,>, r Cn'wt` itli k' ''..£:.a` .�,r..4� n +.4 WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway Engineering Telephone: (540) 662 -4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster Canterbury Dr., approx. 1,000' south of North Frederick Pike Zoning requested: RP Acreage: 3.13 Planning Department Comments: Superintendent's Signature Date: Notice to Planning Department Please Return This Form to the Applicant 1. Applicant- Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Address: 147 Creekside Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan A. Wyatt, AICP Location map Plat Deed to property Verification of taxes paid REZONING APPLICATION FORM 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 Conunissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. Name: Harvest Communities, Inc. Attn.: Stuart Butler 4. Checklist: Check the following items that have been included with this application. Telephone: (540) 662 -4185 Telephone: (540) 678 -1462 Telephone: (540) 662 -4185 Agency Comments Fees Impact Analysis Statement Proffer Statement p [ECflfl DEC 3 2004 FREDERICK COUNTY PLANNING DEVELOPMENT 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: Harvest Communities, Incorporated. 6. A) Current Use of the Property: Unimproved (3.13 acres) B) Proposed Use of the Property: Residential, Single family small lot detached 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 53- ((4)) -3D1 Commercial B2 53- ((4)) -3E Commercial B2 53- ((4)) -3F Commercial B2 53- ((A)) -52C Commercial B2 53- ((A)) -52E Commercial B2 53A- ((A)) -6 Residential B2 53A- ((2)) -D -3 Residential RP 53A- ((2)) -D -4 Residential RP 53A- ((2)) -D -5 Residential RP 53A- ((2)) -D -6 Residential RP 53A- ((2)) -D -7 Residential RP 53A- ((2)) -D -8 Residential RP 53A- ((2)) -D -9 Residential RP 53B- ((4)) -7 Residential RP 53B- ((4)) -8 Residential RP 53B- ((4)) -9 Residential RP 53B- ((4)) -20A Residential, common space RP 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): Fronting on the west side of Westminster Canterbury Drive (Route 1318), approximately 1 000 feet south of the intersection of North Frederick Pike (Route 522). Acres Current Zoning Zoning Requested 3.13 B2 RP 3.13 Total acreage to be rezoned 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 Numbers 53- ((4)) -E 53- ((4)) -F Magisterial: Fire Service: Rescue Service: Districts Stonewall High School: James Wood High School Round Hill Middle School: Frederick County Middle School Round Hill Elementary School: Apple Pie Ridge Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Office: Retail: Restaurant: Other: Single Family homes: 11 Townhome: Non Residential Lots: 0 Mobile Home: 0 0 0 0 Number of Units Proposed Square Footage of Proposed Uses 0 Multi Family: 0 0 Hotel Rooms: 0 Service Station: Manufacturing: Warehouse: 0 0 0 12. Signature: By: 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: Harvest Communities, Inc. By: Stuart Butler, President Date Owner(s): Harvest Communities, Inc. Stuart Butler, President Date Name and Property Identification Number Address Name Upper Crust, LLC 112A Bruce Drive Winchester, VA 22601 Property 53 -4 -3D1 Name James T. Jessie S. Wilson 1200 Fairfax Street Stephens City, VA 22655 Property 53 -4 -3E Name A's Copier Sales c/o Gary L. Adams 249 Glenridge Drive Winchester, VA 22602 Property 53 -4 -3F Name Harry K. Benham 21 South Loudoun Street Winchester, VA 22601 Property 53 -A -52C Name H.K. Benham III James T. Anderson PO Box 368 Winchester, VA 22604 Property 53 -A -52E Name Vernon B. Frances A. Unger 5179 Barley Drive Stephens City, VA 22655 Property 53A -A -6 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -3 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -4 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -5 Adjoining Property Owners 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 Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -6 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -7 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -8 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -9 Name Jeremy P. Holly L. Buck 105 Rugby Place Winchester, VA 22603 Property 53B -4 -7 Name Edward H. Gertrude H. Corddry 103 Rugby Place Winchester, VA 22603 Property 53B -4 -8 Name Stephen G. Butler PO Box 2097 Winchester, VA 22604 Property 53B -4 -9 Name North Frederick Realty PO Box 2800 Winchester, VA 22604 Property 53B -4 -20A TM: 53- ((A))42E 59.2.24Y SIDE PLAZA CIRCLE' N. K BENNAM III 4 JAMES t, ANDERSO1 DS, 113, PG, 34 ZONE: Ed USE, CC11ERCIAL LEGEND OPEN SPACE LOT AREA RESIDENTIAL FOOT PRINT PEDESTRIAN TRAIL UPPER CRUST LLD/ 1Nt: 0300096•54. E: 132 USE Z G E RCIAL s TM: 539-!!4» -5 L STEVEN G l 39- ff411 -8 BUTLER DB 153, PG: 45 ZONE: RP USE: SINGLE- FAMILY SIDENT4L GERTRUDE N. COSDRY IN ST.: 0390242'96 ZONE: IAA USE: SINGLE •FAMILY 91DENTIAL TH: 538-(<4LL1 JEREMY P, 'JOLLY L. BUCK INET• 03002E103 ZONE: RP USE: ANAL F -FAMILY I f I 1 J TM: 53B•(f4J)40A NDRTN FREDERICK REAI-TY'� DB: 121. FG: 142 ZONE: USE: COMMON AREA FOR CANTERBURY SQUARE TM: 5)4- t (41t -6 VERNON 5 4 FRANCES 4. LACIER 05 255, PG' 65 ZONE: RP USE: SNGLE- FAMILY RESIDENTIAL r W r 7 LJ r 1 4 53A4.422-D-5 TNONA9 J. PLACE I DB: BtS. fG' 243 I Z E I P IISC. AIWA FI- FAMILY t 1: 534.40V-D-1 BETTY LOU R BEAN D9: 5102. PG. 141 ZONE: RP SINGLE FAMILY RESIDENTIAL I D1: 53A ICIPP& De: 6 P KI4 DB: 61 ZONE -F USE Ell I A RE91DEN9aL ltl: S3A- q» -D -4 ALMIRA L. KIPPS DB: 61, PG: 446 ZONE: RP USE: SI GLE- FAMILY RESIDENTIAL r -`1 BETTY LOUR BEAN DBI 5107, FG: 141 TM: 53A- 0 BETTY LOU R BEAN D9: 9102, PG: 141 ZONE: RP USE, SINGLE-Faller RESIDENTIAL USE SINGLE. FAMILY RESIDENTIAL 1 N �1.TH OF I vT MARK 0. SUITN No.022213T I ONA4 Z F 0 z rL Q 0 3- z 41 W j Q 6 W /q W Z VI O W DATE 45/24/44 SCALE N15 W CO E E CC c3 2c mi] e$ lei cc n° .Ki 0 El EE DESIGNED BY: SEW February 10. 2005 Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Evan: CEP /bad RE: REZONING #13 -04, WESTBURY COMMONS Sincerely, Candice E. Perkins Planner II Department of Planning and Development 540/665-5651 FAX: 540/665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 9, 2005. The above referenced application was approved to rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance). The subject property fronts on the east side of Westminster Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), and is identified with Property identification Numbers 53 -4 -3 -E and 53- 4 -3 -F, in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. cc: Harvest Communities, Inc., 147 Creekside Lane, Winchester. VA 22602 Lynda J. Tyler, Stonewall District Supervisor John H. Light, Stonewall District Planning Commissioner Jane Anderson, Real Estate em: Charles S. DeHaven Jr., Stonewall District Planning Commissioner 107 North Kent Street, Suite 202 Winchester, Virginia 22601 5000 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 Planning Commission: 01/19/05 Board of Supervisors: 02/09/05 PROPOSAL: To rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance) District. LOCATION: The property fronts on the east side of Westminster Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 53- 4 -3 -E, 53 -4 -3 -F PROPERTY ZONING: B2 (Business General) District PRESENT USE: Unimproved ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) B2 (Business General) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) REZONING APPLICATION #01 -05 WESTBURY COMMONS Staff Report for the Board of Supervisors Prepared: January 31, 2005 Staff Contact: Candice E. Perkins, Planner II Action Recommended Approval Pending Use: Use: Use: Use: Use: Residential Commercial Residential Residential Commercial PROPOSED USES: 11 age- restricted single family small lot detached dwellings Rezoning #13 -04, Westbury Commons January 31, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have some measurable impact on Route 1318. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Harvest Communities, Inc., rezoning application dated August 16, 2004 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 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: Landscaping and other materials shall be placed in a manner so as not to inhibit use of the entire driveway width to individual dwelling units. Fire Hydrants shall comply with Frederick County Code Section 90 -4. Plan approval recommended. Frederick Winchester Service Authority: No comments. Public Works Department: We have completed our review of the proposed rezoning and offer the following comments: 1) Site Drainage: In addition to onsite stormwater management, it may be necessary to implement some offsite improvements to protect the existing residential development located east of the proposed project. We definitely concur with your offer to control the 100 -year storm. Also, keep in mind that it will be necessary to consider the existing upgradient detention pond located immediately to the south of your site. 2) Solid Waste Disposal: In the second sentence, correct the word daily to indicate yearly volume. Also, consideration should be given to providing curbside trash pickup for this proposed development. Sanitation Authority: No comment. Frederick County Department of Parks Recreation: Staff anticipates the residents of this community will have every opportunity to benefit from the parks and recreational services offered by Frederick County. To calculate this impact on Parks and Recreation services, I would recommend we trust the formula included in the County Impact Model. Frederick County Public Schools: This letter is in response to your request for comments concerning the rezoning application for the proposed Harvest Communities, Inc., project located, fronting on the west side of Westminster Canterbury Drive, approximately 1,000 feet south of the intersection of North Frederick Pike. Based on the information provided that all parcels would be age- restricted, there would be no impact to the school population upon build -out. Attorney Comment: I have reviewed the proposed Proffer Statement. It is my opinion that the Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Rezoning #13 -04, Westbury Commons Rezoning #13 -04, Westbury Commons January 31, 2005 Page 3 Code of Virginia, subject to the following: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the statement of rezoning request, property, record owner, etc., be summarized at the beginning. 2. In Paragraphs B.3 and D, it is provided that the deeds to individual lots will provide for maintenance responsibility for shared driveways (B.3) and for the age restricted conditions (D). If the rezoning is granted, the owner will apply for and obtain subdivision approval, after which a document in the nature of a Deed of Subdivision and Declaration of Restrictive Covenants "Declaration will be recorded, which will record the subdivision plat, will set for the restrictive covenants on the property, and will provide for the property owners' association. It is my recommendation that the proffers provide that, in addition to being set forth the deeds to the individual lots, the subject provision will be set forth in the Declaration. 3. It is also my recommendation that the proffers provide that the maintenance responsibilities of the property owners' association [private street (Paragraph C); pedestrian trail (Paragraph E); community commons area (Paragraph F.1); full screen buffer (Paragraph F.2); landscape buffer (Paragraph F.3)] will be set forth in the Declaration. In this regard, it is not clear whether the fence referenced in Paragraph F.3 is to be maintained by the property owners' association or the individual lot owner, and that should be clarified. Also, it should also be specifically provided that the property owners' association shall have the maintenance responsibility for the community center building. 4. While the details of the pedestrian trail may be addressed at the subdivision plat stage, I note that the generalized development plan (GDP) shows the trail connecting at three points to private driveways. It would appear that a pedestrian trail easement would need to be placed on the three private driveways to connect the trail to the private street, assuming it is not the intention to have the trails dead -end at the driveways. It would probably be sufficient at this point to have the easements shown on the generalized development plan. 5. With respect to the monetary proffer (Paragraph G), the purpose or purposes of the monetary proffer should be detailed in the manner in which the County intends to expend the funds, as the County if required to account for the expenditure of the funds pursuant to Virginia Code §15.2- 2303.2(C). (It is noted in Paragraph 1 of the Impact Statement that the $1,000.00 per lot proffer is apparently intended to address impacts to County Administration, Fire and Rescue, Public Libraries, and Sheriff's Dept.). 6. With respect to the community center depicted on the GDP, there should be a specific provision in the proffers that a community center shall be constructed by the owner, and a statement of the timing of the construction (prior to the sale of any lot You have noted that the GDP shows the community center accessed only by the pedestrian trail system, but that the center will have to be handicap accessible and provide parking, in addition to meeting other site planning requirements. Accordingly, the proffer should also include language to the effect that the community center shall be located as generally shown on the GDP, and will be handicap accessible, provide for parking, and meet other requirements of County ordinances. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of the subject parcel as B -2 (Business General) District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as Rezoning #13 -04, Westbury Commons January 31, 2005 Page 4 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 Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Comprehensive Policy Plan, p. 6 -1, 6 -2) The subject property is located entirely within the UDA. In accordance with the Frederick County Comprehensive Policy Plan, "any new suburban residential development served by sewer and water will have to be located within the UDA." While this area is located within the UDA, the area comprising this rezoning is within the study limits of the Eastern Frederick County Long Range Land Use Plan and located in an area to remain business. (Comprehensive Policy Plan, pages 6 -66.2) Therefore, this rezoning is inconsistent with the goals of the Comprehensive Policy Plan. Transportation The subject site is currently accessible via Westminster Canterbury Drive (Route 1318). The Westbury Commons development will contain a private road that will serve the 11 lot subdivision. This private road will be accessed off of Westminster Canterbury Drive which intersects with North Frederick Pike (Route 522) at a median crossing. The existing traffic on Westminster Canterbury Drive is 1,800. 3) Site Suitability/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other environmental features have been identified on the 3.13 acre site. The General Soil Map of the Soil Survey of Frederick County. Virginia indicates that the soils comprising the subject parcel fall under the Frederick Poplimento Loams soil association (14B 17C). The soil type 14B (25% of the site) is designated as prime farmland and the soil type 17C (75% of the site) is more suitable for woodlands due to rock outcrops. 4) Potential lmpacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual, 7 Edition (page 453), single family adult housing generates an average of 3.71 tips per day (VPD). VDOT has recognized an Rezoning #13 -04, Westbury Commons January 31, 2005 Page 5 average VPD of 5.6 for this land use in recent traffic studies; therefore, the proffered 11 unit subdivision would produce an average daily traffic volume ranging between 41 and 62 vehicle trips. B. Sewer and Water An impact of 2,475 gpd is projected based on an average of 225 gpd per residential unit. The Sanitation Authority and Service Authority have offered "no comment" for this rezoning. C. Capital Facilities Impact Based on the modeling exercise, this development will create impacts on Fire Rescue, Parks and Recreation, the Public Library, the Sheriff's Office and County Administration. The Capital Facilities Impact Model projects a total fiscal impact of $2,081 per dwelling (this excludes the amount for the public school system because of the age restricted designation proffered by the applicant). The applicant is proffering a $1,000 contribution for each residential unit, this amount equates to a $1,081 deficit in the public services required for this project. D. Single family Small Lots By ordinance, single family small lots are lot types intended to serve a specialized population; i.e., age- restricted housing. The applicant has proffered that the project will be a singe family detached small lot age- restricted development. When choosing the single family small lot housing type, the ordinance requires that a community center (equivalent to three recreational units) as well as one additional recreational unit per 30 dwellings is provided to serve the needs of such a community. This proposed development will, therefore, require a community center and one additional recreation unit that is age appropriate for the communities' residents. The appropriate community center and recreation unit will be provided by the developer for this project. Details associated with the recreational units will be worked out during the Master Development Plan and Subdivision phases. 5) Proffer Statement Dated August 13, 2004 and Revised December 22, 2004 The following list is a summary of the proffered conditions associated with this rezoning application: The property will be developed in conformance with the Generalized Development Plan submitted with the rezoning package. Contribution of $1,000 per lot to lessen the impacts on capital facilities. Assurance that the site will be developed to accommodate no more than 11 age- restricted single family detached dwelling units with a minimum of 6,000 square feet per lot. The site will be served by a private street that meets the public street requirements utilized by VDOT and that the Homeowners Association will be responsible for the maintenance. A five foot wide asphalt pedestrian trail system will be constructed throughout the project, with connections to the center commons and community center. Community common open space will be provided in the center and northwest quadrant of the property, as well as around the perimeter of the site. A Category B full screen buffer along the portion of the northern property Line adjacent to the Rezoning #13 -04, Westbury Commons January 31, 2005 Page 6 existing B2 zoned parcel. The applicant will provide a twenty -five (25) foot landscaped buffer along the western project property line, adjoining Westminster Canterbury Drive. A fence, of a minimum of four feet in height, shall be constructed along the residential lot lines that adjoin this buffer. Planning Staff Comments: In the comments provided for the rezoning proffer by Mr. Robert Mitchell, Esq., the following issues have not been addressed by the applicant in the revised proffer statement: Maintenance of the trail system, the buffers and fencing, and the community center is unclear. Construction and maintenance of the community center shown on the GDP is unclear. Also, the GDP shows the community center only accessed by a trail. Mr. Mitchell felt it would be appropriate to include language in the proffer to the effect that the community center shall be located as generally shown on the GDP, and will be handicap accessible, provide for parking, and meet other requirements of County ordinances. PLANNING COMMISSION SUMMARY ACTION OF THE 01/19/05 MEETING: Some members of the Commission did not consider it appropriate to construct a community center for only 11 homes designated for the project; they believed it would be too costly to maintain and may not get full use. They suggested a donation to Parks Recreation in lieu of the community center. It was also suggested that the four foot fence along the road seemed to be out of place with the surrounding area. The Planning Staff responded that the community center is a zoning ordinance requirement for the single family, small -lot housing type and no waiver option exists in the ordinance. The applicant was in favor of working towards an ordinance amendment and suggested the possibility of a waiver option allowing 30 units or under to provide a recreational equivalent, based on the total number of dwelling units, in lieu of the community center. However, the applicant suggested that possibly, a portion of the money could be kept on site for the benefit of the residents of the community and another portion designated to the county for regional parks, etc. Concern was also raised by Commission members about the capability of a homeowners association on such a small scale to maintain roads in perpetuity. The applicant replied that potential buyers are aware of the HOA requirements and prefer a private street that is not open to the public; he added that the road will be constructed to meet or exceed the public street pavement section utilized by VDOT. Regarding the proffered amount for fiscal impacts, the applicant responded that the net cost per dwelling unit for both fire rescue and the sheriff was under $500 and they were attempting to double that amount. In addition, the applicant provided letters of support from the Canterbury Square residents and residents along Hickory Lane who preferred to have this parcel developed residentially as opposed to commercially. The consensus of the Commission was that an ordinance amendment needed to be considered concerning the possibility of providing a waiver option on a community center for developments on this small scale. However, they did not want to hold up this particular rezoning application until that was accomplished and proceeded on a recommendation for the Board. The majority vote was as follows: YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel Rezoning #13 -04, Westbury Commons January 31, 2005 Page 7 NO: Straub, Gochenour i (Note: Commissioner Rosenberry was absent from the meeting.) STAFF CONCLUSIONS FOR 02/09/05 BOARD OF SUPERVISORS MEETING: This application is a request to rezone approximately 3.13 acres of land from the B2 (Business General) District to the RP (Residential Performance) District. While the land requested for rezoning is within the UDA (Urban Development Area), the Eastern Frederick County Long Range Land Use Plan indicates that the property should be used for commercial use. Due to the subject site's location adjacent to the RP zoned Westminster Canterbury development, a rezoning from a B2 zoning to a RP zoning may be supported to continue the consistency and compatibility of the area, if all impacts are appropriately mitigated. The Frederick County Planning Commission recommended approval of this rezoning application by majority vote during their review on January 19, 2005. Following the required 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. OUTPUT MODULE APPLICANT: LAND USE TYPE REAL EST VAL FIRE RESCUE Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT METHODOLOGY: NOTES: Project Description Westbury Commons RP $1,442,100 9 Model Run Date 01/19/05 SKE Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltiies col sum only) $4,961 $47,165 $27,744 $40,673 $16,885 52,935 $1,737 $2,230 52,844 $147,175 $0 INDEX: "1.0" If Cap. Equip Included: INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: PLANNING DEPT PREFERENCES Assumes 11 single family detached units on 3.03 acres zoned RP District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. Credits to be Taken for Future Taxes Paid (NPV1 Cur. Budget Cur. Budget Cap. Future C1P/ Oper Cap Equip Expend /Debt S. Taxes, Other $7,717 $37,462 $1,423 $2,743 $11,884 1.0 $0 $3,028 540,490 0.0 1.0 1.0 1, Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -time taxes /fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). $3,805 $821 $355 $0 $4,981 Rev -Cost Bal Ratio to Co Avg NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (Unadiusted1 Cost Balance Facilities Impact Dwelling Unit 50 50 54,961 5451 $45,179 $32,300 583,282 $7.571 $3,805 $2,721 $14,164 5821 5587 $2,348 $1,778 $1,271 $466 50 $0 $2,230 55,771 $4,126 50 $57,355 $41,005 $0 $0 0.533 0.715 $106,170 $1,288 5213 $42 $203 $0 $9,652 $106,170 1 $9,652 1 TSENG; CHEN: &.CHRISTINA 4 53D 3 3 BENHAM H K I11 TRUSTEE 'BENHAM `H K III JAMES ANDERSON 't 53- 4 =3 -D1' UPPER- CRUSTLLC 53A. A 1 ,PATEL, GIRISH T. NITILA Rezoning 13.04 WESTBURY COMMONS (53.4.3 -E 53- 4 -3 -F) S A Rezoning ■13 -WE T UR COMMONS (53-4-3-E &5343 -M File #4079/EAWajc Proffer Statement Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 PROPOSED PROFFER STATEMENT Westbury Commons Rezoning REZONING: RZ Business General (B2) to Residential Performance (RP) PROPERTY: 3.13 -acres +1 Tax Parcels 53- ((4)) -3 -E 53- ((4)) -3 -F (the "Property RECORD OWNER: Harvest Communities, Incorporated APPLICANT: Harvest Communities, Incorporated PROJECT NAME: WESTBURY COMMONS REZONING ORIGINAL DATE OF PROFFERS: August 13, 2004 REVISION DATA: December 22, 2004 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 3.13 -acres from the Business General (B2) District to Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject property, identified as Westbury Commons, and more particularly described as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel 53- ((4)) -3 -E and 53- ((4)) -3 -F and being the same property as shown on a plat of survey prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County, Virginia in Deed Book 553 at Page 489. File f74079/AJC 4 Greenway Engineering B. Declaration August 13, 2004 A. Generalized Development Plan Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Westbury Commons Rezoning The applicant hereby proffers to develop the 3.13 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. A Deed of Subdivision and Declaration of Restrictive Covenants ("Declaration") shall be recorded with the subdivision record plat. The Declaration shall provide for a Homeowners Association and set forth maintenance responsibilities for all common areas and facilities. C. Residential Use Enhancements 1. The applicant hereby proffers that the 3.13 -acre property shall be developed pursuant to the "Single- family small lot" detached dwelling unit option as permitted in the Residential Performance (RP) District. All other housing types allowed in Section 165 -65 are hereby prohibited. 2. The applicant hereby proffers to limit the total number of "Single- family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. 3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the Declaration and the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. D. Private Street The applicant hereby proffers to serve the community with a private street. The cross sectional dimension of pavement thickness an compacted base thickness will meet or exceed the public street pavement section standards utilized by the VDOT. The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. File P4079/A1C 2 Greenway Engineering E. Age- Restricted Community The applicant agrees that the following language shall be included in the Declaration and the deeds conveying real property designated as age- restricted housing on that portion of the property. All occupied residential units shall be occupied by at least one person fifty -five (55) years of age or older and within such units the following conditions shall apply. 1. All other residents must reside with a person who is fifty -five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty -five (55) years of age or older. Not withstanding this limitation, a person hired to provide live -in, long term or terminal health care of a person who is fifty- five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty -five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he /she shall have attained the age of fifty -five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. F. Recreational Amenities 4111 4111 August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Westbury Commons Rezoning The applicant hereby proffers to construct a five -foot wide asphalt pedestrian trail system throughout the project, with connections to the center commons and community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. G. Open Space 1. The applicant hereby proffers to provide community commons open space in the center and northwest quadrant of the project, as well as around the perimeter of the site. File #4079 /AJC 3 Grecnway Engineering August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Westbury Commons Rezoning 2. The applicant hereby proffers to provide a Category B full screen buffer along the portion of the northern project property tine adjacent to existing B2 zoned parcel. 3. The applicant hereby proffers to provide a twenty -five (25) foot landscaped buffer along the western project property line, adjoining Westminster Canterbury Drive (Route 1318). A fence, of a minimum four feet in height, shall be constructed along the residential lot lines that adjoin this buffer. H. Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event rezoning application 1.2 is approved, the undersigned will pay into the General Fund of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. File #4079 /AJC 4 Greenway Engineering I. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. By: File #4079 /AJC August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Respectfully Sub i or 1p al•-e tua er, President Commonwealth of Virginia, Harvest Communities, Inc. Ci /County of i Ve( P (✓v iff My Commission Expires i hree.fr'L 2-`f 'Lae) To Wit: Westbury Commons Rezoning /_T. Date r(_ t The foregoing instrument was acknowledged before me this Z3 day of 1J :cc fl u 20 C4 by `3.h1,6s )<A- (r-,r. Pc6tvVE; -F CO al vilo itties Inc- Notary Public 5 AMENDMENT Action: PLANNING COMMISSION: January 19, 2005 Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #13 -04 OF WESTBURY COMMONS WHEREAS, Rezoning #13-04 of Westbury Commons, submitted by Greenway Engineering, to rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance) District. This property fronts on the east side of Westminster- Canterbury Drive (route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINS) 53 -4 -3 -E and 53- 4 -3 -F. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; and WH EREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the hest interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 3.13 acres from B2 (General Business) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #04 -05 Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler Gene E. Fisher PDRes #04 -05 This ordinance shall be in effect on the date of adoption. Passed this 9th day of February, 2005 by the following recorded vote: Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator rsE File H4079 /EA Wajc I Impact Analysis Statement Greenway Engineering INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 3.13 -acre subject property identified as Westbury Commons and owned by Harvest Communities, Incorporated. The subject property consists of two contiguous parcels, those being: TM 53- ((4)) -3 -E containing 1.59 -acres and TM 53- ((4)) -3 -F containing 1.54 acres. The subject site is located on the west side of Westminster- Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of Westminster Canterbury Drive (Route 1318) and North Frederick Pike (Route 522). The applicant proposes to conditionally rezone the 3.13 -acre tract from Business General (B2) District to Residential Performance (RP) District. The applicant plans to create a compact eleven -unit community of detached single- family small lot homes. (Reference Attachment I. Location and Existing Zoning Exhibit for Westbury Commons) Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out File #4079/EAWtaje August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 WESTBURY COMMONS REZONING Westbury Commons Rezoning Fronting on the west side of Westminster- Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522) Stonewall 53- ((A)) -3 -E and 53- ((4)) -3 -F Business General (B2) District Unimproved Residential, Single- family small lot, detached Residential Performance (RP) District 3.13 acres 11 Single- family detached residential lots Greenway Engineering 3. Recreational Units Requirement Frederick County Code Section 165 -64 states: File #4079/EAW /ajc 41111 4111 August 13, 2004 Revised September 29, 2004 Revised November I, 2004 Revised December 2, 2004 Westbury Commons Rezoning COMPREHENSIVE PLAN AND ZONING ORDINANCE 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its c- isting boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. Housing types with lots sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single family small lot housing shall provide a community center that provides for the equivalent of three age- appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. [Amended 10-27-19991 B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development.... The applicant proffers all Tots shall be at least 6,000 square feet in area. The subdivision will utilize the "small lot development" option of the Residential Performance (RP) District. The applicant proffers to limit the total number of units to only eleven (11) homes. The project is exclusively for age- restricted residents, as enforced through proffers and deed restrictions. In keeping with the spirit of the ordinance as well as the interests of these future residents, the applicant intends to provide recreational amenities. A recent Planning Department interpretation holds that the ordinance requires the subject proposal to provide a community center building valued at $75,000, as well as other recreational amenities valued at $25,000. Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 209 Westbury Commons Rezoning The applicant requests the Planning Commission. in conjunction with the Administrator and Department of Parks and Recreation, consider a "design and amount of facilities" proportional and appropriate to eleven age- restricted homes. In keeping with the recent Planning Department interpretation, community center is '.included in the proposal. In addition, the applicant proffers to provide an age appropriate pedestrian trail system. A. SUITABILITY OF THE SITE Access The subject site, consisting of tax parcels 53- ((4)) -3 -E and 53- ((4)) -3 -F, is located within a manmade boundary created by Westminster- Canterbury Drive (Route 1318) on the western frontage of the property, commercially zoned and developed adjacent properties to the north, the J.P. Darlington residential subdivision to the east, and the Canterbury Square and Westminster Canterbury residential communities to the south. The sole access to the subject site will be from Westminster- Canterbury Drive (Route 1318). A Generalized Development Plan (GDP) has been submitted as a proffered exhibit. The GDP identifies the general common open space, buffer, and road layout. (Reference Attachment 2, Generalized Development Plan Exhibit for Westbury Commons) Flood Plains The subject property can be found on FEMA NFIP map #510063-0105-B. The entire site is located outside the 100 -year flood plain in designated "Zone C Wetlands The National Wetlands Inventory data from the Frederick County GIS database indicates there are no wetlands on this site. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIS database. The subject site contains the following two soil types: 14B Frederick Poplimento loams 2 -7 slope covers approx. 25 of site 17C Frederick Poplimento rock outcrop complex 2 -15 slope covers approx. 75 of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the 14B Frederick Poplimento loams soils as prime farmland, however given the small area of these soils within the subject property and the existing development surrounding the property, it is not well suited to agricultural activities. The retraining soil type on site is not identified as prime farmland soil. Fle ri4079/EAW /ajc 4 Greenway Engineering C. TRANSPORTATION FIe #4079/EAW /ajc August 13, 2004 Revised September 29, 2004 Revised November I, 2004 Revised ne.r eber 2, 2004 Westbury Commons Rezoning Other Environmental Features The: :site: does; not e contain areas of steep slope or :woodlands- as defined .by the Frederick .i County Zoning Ordinance. 13. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Business General (B2) District Use: Commercial; car wash Residential Performance (RP) District Use: Mixed; residence and grocery store South: Residential Performance (RP) District Use: Residential; Canterbury Square East: Residential Performance (RP) District Use: Residential; Darlington Subdivision West: Business General (B2) District Use: Commercial; Sunnyside Plaza Traffic will access the site via Westminster- Canterbury Drive (Route 1318). Westminster Canterbury Drive (Route 1318) intersects North Frederick Pike (Route 522) at a median crossing, which provides the ability to safely cross North Frederick Pike to access commercial services and the Route 37 By -pass to the west. Westminster Canterbury Drive averages 1,800 vehicle trips per day according to VDOT 2002 counts Pursuant to the I.T.E. Trip Generation Manual, 7 Edition (page 453), single family detached adult housing generates an average of 3.71 vehicle trips per day (VPD). VDOT has recognized an average VPD of 5.6 for this land use in recent traffic studies; therefore, the proffered eleven -unit subdivision would produce an average daily traffic volume ranging between 41 and 62 vehicle trips. Sight distance at the North Frederick Pike intersection is very good and a median crossing exists to facilitate safe traffic movement from Westminster Canterbury Drive. The intemal subdivision street is to be a private road, maintained by the Westbury Commons Home Owners Association. The Proffer Statement ensures the cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. The private road is to be contained within an access easement, with all individual lots having frontage on the access easements (as permitted through Code 144- 24.C.2.b). Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 D. SEWAGE CONVEYANCE AND TREATMENT Westbury Commons Rezoning The 3.13 -acre property is located in the northwestern portion of the Sewer and Water Service Area :(SWSA): There is an existing. Frederick County Sanitation Authority :(FCSA) 8" :c -i R:•r; sanitary sewer main on the south aril east side of the subject site, which will serve 'he project. Effluent is conveyed from this geographic area to the Opequon Waste Water Treatment Plant through a series of transmission lines ranging in size from 12 inches to 30 inches. The eleven lots will be connected to the main in accordance with FCSA regulations. Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of eleven single- family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single family detached unit. The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of eleven (11) dwelling units: The proposed zoning is estimated to add 2,475 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant. The design capacity of the treatment plant is 8.4 million gallons per day, of which the City and the County are currently utilizing approximately 6.4 million gallons per day. The total build -out of the proposed subdivision would require approximately 1 /10 of one percent of the available capacity at the Opequon Waste Water Treatment Plant; therefore, adequate capacity, source and infrastructure is available for this development. E. WATER SUPPLY Q 225 GPD per dwelling unit Q 225 GPD x 11 dwelling units Q 2,475 GPD The 3.13 -acre property is located in the northwestern portion of the Sewer and Water Service Area (SWSA). There is an existing FCSA 8 -inch water line along Westminster- Canterbury Drive, which will serve the project. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of eleven single family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single family detached unit. The figures below represent the impact that this project would have to the water supply system at full build -out of eleven dwelling units: Rle #4079/EAW /ajc Q 275 GPD per dwelling unit Q 275 GPD x 11 dwelling units Q 3, 025 GPD Greenway Engineering The proposed development would utilize an estimated 3,025 gallons per day. The North West water storage and Sunnyside water storage tank provide water source and maintain adequate pressure for the Sunnyside community. The water storage tanks are served by adequate transmission lines and source; which includes :the Stephens City quarries sand water purchased from the City. of Winchester. The projected water.uSage at build -out is negligible.` Therefore, adequate capacity, source and infrastructure are available for this subdivision. F. SITE DRAINAGE The 3.13 -acre site is relatively flat, generally falling gently eastward from the Westminster Canterbury Road frontage to the rear of the tract. The topographic low point of the site is in the northeast corner. An onsite storm water management pond is proposed in this comer of the property to control the increased run -off. Stormwater will be detained during peak recovery of 2, 10, and 100 -year storm events for discharge into an existing shallow swale at or below pre development rates. All storm water management measures are to be approved by the County Engineer. G. SOLID WASTE DISPOSAL File #4079/EAW /ajc August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 AAV 5.4 cu. yd. per dwelling AAV 5.4 cu. yd. x 11 dwellings AAV 59.4 cu. yd. Westbury Commons Rezoning The impact on solid waste disposal facilities can be projected based upon each household having an annual average volume (AAV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference Manual, 4 edition). The following figures show the increase in daily volume based on the proffered density of 11 dwellings. It is estimated that the proposed development will provide approximately 1/10 of one percent increase in the Municipal Solid Waste portion of the Regional Landfill. The Landfill has the capacity to accommodate this increase in solid waste generation. Greenway Engineering H. HISTORICAL SITES AND STRUCTURES 1. Virginia Division of Historic Landmarks The Rural Landmarks Survey Report for Ft ?derick. Count- idem fies +:the Martin House (file #34 -527) as a potentially significant property within this geographic area of the County. The Martin House is not listed as a property potentially eligible for the State and National Register of Historic Places. The Martin House, located more than a quarter mile east of the subject property, and to the east of the Budget Motel, is not visible from the Westbury Commons site. Therefore there are no impacts to the Martin House as a result of this rezoning application. 2. Winchester Regional Preservation Office Department of Historic Resources There were no archeological artifacts found on the site. I. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the development of twelve (12) single family detached dwelling units (an earlier design of the project yielded one more lot). The results of this model run indicate that development of the subject site with typical single- family homes would result in a net fiscal impact of $9,652 per dwelling unit. However, it is noted the Westbury Commons community is proffered as an age- restricted community; therefore the impacts would not be that of typical (i.e. not age restricted) residences. This difference is most evident in the very limited impact this project will have on the school system. Removing the $7,571 attributed to Public Schools from the formula leaves a net fiscal impact of 2,081 per dwelling unit. Due to the current interpretation of Zoning Ordinance provisions for RP District small lot subdivision, this application is required to provide on -site recreational amenities valued at approximately $100,000 (i.e. four recreational units), or $9,090.91 per dwelling unit (exclusive of operating /maintenance costs). The cost of these required recreational amenities far exceeds the anticipated value to the residents and should more than satisfy any further contribution to the Parks and Recreation component of the model. Removing the $1,288 attributed to Parks and Recreation from the formula leaves a net fiscal impact of $793 per dwelling unit. It is acknowledged this development will have fiscal impacts to County services, including County Administration, Fire and Rescue, Public Libraries, and Sheriffs Department. The applicant has proffered a $1,000 per dwelling unit monetary contribution to mitigate impacts projected by the fiscal impact model. File #4079/EAW /ajc August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Westbury Commons Rezoning To be completed by Planning Staff Zoning Amendment Number PC Hearing Date 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: Harvest Communities, Inc. Telephone: (540) 678 -1462 Attn.: Stuart Butler Address: 147 Creekside Lane Winchester, VA 22602 2. Property Owner (if different than above) Same as above 3. Contact person if other than above REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Name: Greenway Engineering Attn.: Evan A. Wyatt AICP Address: 151 Windy Hill Lane Winchester, VA 22602 Location map Plat Deed to property Verification of taxes paid Date Received BOS Hearing Date Telephone: (540) 662 -4185 4. Checklist: Check the following items that have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement S. Tha 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 berezoned:• Harvest Communities, Incorporated. 6. A) Current Use of the Property: Unimproved (3.13 acres) B) Proposed Use of the Property: Residential, Single family small lot, detached 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 53- ((4)) -3D1 Commercial B2 53- ((4)) -3E Commercial B2 53- ((4)) -3F Commercial B2 53- ((A)) -52C Commercial B2 53- ((A)) -52E Commercial B2 53A- ((A)) -6 Residential B2 53A- ((2)) -D -3 Residential RP 53A- ((2)) -D -4 Residential RP 53A- ((2)) -D -5 Residential RP 53A- ((2)) -D -6 Residential RP 53A- ((2)) -D -7 Residential RP 53A- ((2)) -D -8 Residential RP 53A- ((2)) -D -9 Residential RP 53B- ((4)) -7 Residential RP 53B- ((4)) -8 Residential RP 53B- ((4)) -9 Residential RP 53B- ((4)) -20A Residential, common space RP 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): Fronting on the west side of Westminster- Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522). Acres Current Zoning Zoning Requested 3.13 B2 RP 3.13 Total acreage to be rezoned Magisterial: Fire Service: Rescue Service: 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 rlanning 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 Numbers Stonewall Round Hill Round Hill High School: Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 11 Townhome: Non Residential Lots: 0 Mobile Home: Office: Retail: Restaurant: Other: 0 0 0 0 Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: 'h. L t.._ 53 004DD �E Districts 5 3 1(05 3 r James Wood High School Frederick County Middle School Apple Pie Ridge Elementary School 0 Multi- Family: 0 0 Hotel Rooms: 0 0 0 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: Harvest Communities, Inc. Stuart Butler, President Owner: Harvest Communities, Inc. Stuart Butler, President Name and Property Identification Number Address Name Upper Crust, LLC 112A Bruce Drive Winchester, VA 22601 Property 53 -4 -3D1 Name James T. Jessie S. Wilson 1200 Fairfax Street Stephens City, VA 22655 Property 53 -4 -3E Name A's Copier Sales c/o Gary L. Adams 249 Glenridge Drive Winchester, VA 22602 Property 53 -4 -3F Name Harry K. Benham 21 South Loudoun Street Winchester, VA 22601 Property 53 -A -52C Name H.K. Benham 111 James T. Anderson PO Box 368 Winchester, VA 22604 Property 53 -A -52E Name Vernon B. Frances A. Unger 5179 Barley Drive Stephens City, VA 22655 Property 53A -A -6 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -3 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -4 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -5 Adjoining Property Owners 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 diY_etly: across:n; 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 Betty Lou .Reeves Bean 112 Hickory Lane Winchester, VA 2'603 Property 53A -2 -D -6 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -7 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -8 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property 53A -2 -D -9 Name Jeremy P. Holly L. Buck 105 Rugby Place Winchester, VA 22603 Property 53B -4 -7 Name Edward H. Gertrude H. Corddry 103 Rugby Place Winchester, VA 22603 Property 53B -4 -8 Name Stephen G. Butler PO Box 2097 Winchester, VA 22604 Property 53B -4 -9 Name North Frederick Realty PO Box 2800 Winchester, VA 22604 Property 53B -4 -20A =Sae ,n.,.,Sift U41NO N.. w.t,P LI.. 1MD •-font If Nlat CIgf IN tin IC Yt{ lily Gwnt 1 t. 211.07• PROPOSED ICLTI -Thai LT 1.1103 ACM D or 11. 44• Y :ITL r.n 14°1' tt i1f.e1T Iti.w" F 1 Til IEi alas 7 I F t$T u t t t 4,41.7410111U. LoY I ".w Ie y 1 1 _1.100/ 4c.. sus u. 4:1 I: I+ 1 :21 I S 1' S1c14'/ i •N' t..Pr T. pi I. Ovt 1 .P. 10.00• I40.03' I 41r" I i 42.03' 1 4 1140' 4 ILLY FREDERICK MALI. 1. SLUC$Ioro 111 ric04NlCN COUNTY. $CLlt =20o' It fl raw It nnemn IIEPNIN1 CITY. VI PROPOSED w0PR1111 45TED I t.u tcxl lA71E P N. LOt 1 M 47 607 R 1i 11 1 1, 1 L noro 'SHOPPING CENTER l y I. I2.SIXS ACRES p .11 e. yl. S 42 .1114 All r: 1271 As. .Tip Oft yE 16 9.00•. Nam t'� VA' EP l' telt A #OI.T2�..1 17Y rztif 17C4r -se 3. I.1/N 121 0 co 6c. un N ;r:01;:Alc 4- 7,1.: 1 1 1 IFS LC .S re a Z 1 W_.) 20' Ul1131V E.ns.1 1' 1.p TOP 11 I 16 ll' IS' rf 761.SY 0' On.naO. Eue.ent A% .Y. Utility 4.nent PLAT FREDERICK MALI. LAND TRUST GAINISIORO DISTRICT fllIDERICI COUNTY, VIRGINIA SCAltii SEPTEwICM 10 11 WI It Willi SIEMENS CITJ, VIRGINIA Ae•N./ 10•1041 eaL 0: k,1 4 Elliott Rnc',.M 7• t1C!NSE NO D 1002. •La e vi t,.• 14 CANTERBURY SQUARE HOMEOWNERS' ASSOCIATION 101 Rugby Place Winchester, VA 22603 (540) 662 -3486 SENT VIA FACSIMILE (540) 665 -6395 County of Frederick Department of Planning and Development Board of Supervisors 107 North Kent Street Suite 202 Winchester, VA 22601 -5000 Gentlemen: SGB:bgm cc: Stuart E. Butler January 13, 2005 Re: Rezoning Application #13 -04 for Westbury Commons Hearing Date: January 19, 2005 at 7:00 p.m. As President of the Canterbury Square Homeowners' Association, I would urge that you approve the rezoning of the 3.13 -acre tract from a B2 to a RP District. Canterbury Square consists of twenty (20) residences which are immediately adjacent to the site for which the rezoning is requested. The Association would prefer the RP zoning since such a change is consistent with good zoning practices and will promote better planned growth in the area. Very truly yours, CANTERBURY SQUARE k[O E WNERS' SSOCIATION S. G. Butler President tR E C f g IE JAN 1 3 2005 FREDERICK COUNTY PLANNING DEVELOPMENT 898 -d 10 /10 d 26V -1 1818ZZ10Y9+ 0 1 d 8311n9 33NOW NOISNHOI 11VO3U0N -word wd92 :80 90 -6I -10 11/26/2004 11:56 5404,395 NOV 1 5 2004 FREDERICK COUNTY PLANNING DEVELOPMENT Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 -5000 Re: Westbury Commons Re- Zoning Please contact me if you have any questions. FRED CO PL•NG DEP PAGE 02/06 November 12, 2004 Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B -2). I would support re- zoning it to a residential use (RP) which is consistent with, my property. Sincerely, (signature) TP S PLACE (print name) 111 141e-haky LANE W VA-. ?2163 (print address) 11/28/2004 11:56 5406395 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 -5000 Re: Westbury Commons Re- Zoning Please contact me if you have any questions. FRED CO PLA G DEP PAGE 03/06 November 12, 2004 Sincerely, ECIEIVED NOV 1 8 ZW4 NOV 1 8 2004 FREDERICK COUNTY PLANNING 8 DEVELOPMENP Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B -2). I would support re- zoning it to a residential use (RP) which is consistent with my property. C(.fl y/ .444 (signature) £chk>/agci y, /Ily (print name) /03 Por?.r?y 1A4 eauPoiCC �,o Yi. ,2.2a3 (print address) 11/28/2004 11:56 540,395 FRED CO PLA NG DEP Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Stmt Winchester, VA 22601 -5000 Re: Westbury Commons Re- Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B -2). I would support re- zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. November 12, 2004 Sincerely, PAGE 04/06 p I4E9V EL NOV 1 8 2004 FREDERICK COUNTY PLANNING DEVELOPMENT (si f,.: tore) L. "69, -tn name) \.1a. h,riktivb `\3Ic\ stX \J A k9-6b3 (print address) Loce&- Q23t- 11/28/2004 11:56 5406395 FRED CO PL ING DEP Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 -5000 Re: Westbury Commons Re- Zoning November 12, 2004 FR OUNTY PLANNIENG DERICK DEVELOPMENT Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B -2). I would support re- zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (signature) 4. l AI In Q `Ip fS (print name) /4 4 CAi y 1 -Ft .A-Cy C,i+csi C k 1 (print address) 124 b PAGE 05/06 11/28/2004 11:56 540656395 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 -5000 Re: Westbury Commons Re- Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B -2). I would support re-zoning it to a residential use (RP) which is consistent with my property. NOV 1 6 2r,r0 FREDERICK COUNTY PLANNING DEVELOPMENT Please contact me if you have any questions. FRED CO PLA ING DEP PAGE 06/06 November 12, 2004 Sincerely, rw a, v 01 1 (signature) 6i �rcslnCeS u�7Q Slit (print name) 5 7 9 �3s,(&. "D 5�-e hsrns o rt m' I utt address) 2 L r c S S OUTPb. ..JDULE APPLICANT: LAND USE TYPE REAL EST VAL FIRE 8 RESCUE Fire and Rescue Department Elementary Schools Middle Schools High Schools Padre and Reaea80n Public Library Sheriffs Offices Administration Building Other Idiscellaneous Facilities SUBTOTAL $160,554 LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT Westbury Commons RP 51.573.200 9 Net Fiscal Impact Costs of Impact Credit; Required (entered In Capital FadlBles col sum only) $5,412 551,452 530,266 544.370 518,420 $3,202 51,895 $2.432 53,103 SD Project Description: Assumes 12 single family detached units on 3.03 acres zoned RP District. Due to changing conditions associated with development in the County. the results of this Output Module may not be valid beyond a period of 90 days from the model run date. Credits to be Taken for Future Taxes Paid (NPV) Cur. Budget Cur, Budget Cap. Future CIPf Cram Cap Eaulp Expend/Debt S. Taxes. Other $8,419 51,553 52,992 312,964 $40,867 $0 33,304 544,171 54,151 5896 $987 50 55,434 Total Potential Tax Credits (Unadiustedt INDEX: "1.0' 11 Cap. Equip Included 1.0 INDEX: "1.0' if Rev -Cast Bal,'0.0" if Ratio to Co Avg: 0.0 PLANNING DEPT PREFERENCES 1.0 1.0 METHODOLOGY A 1. Capital facilities requirements are Input to the first column as calculated In Me model. 2. Net Fiscal Impact NPV from operations calculations Is Input in low total of second column (zero 0 negative); included are dm one-time laxesdees for one year only at full value. 3. NPV of future oper cap mule taxes paid in third ca(umn as calculated in fiscal Impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated In fiscal impacts. 5. NPV of future taxes paid to bring current caunly up to standard fu new facilities. as calculated far each new fadtity- 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from Me project (actual, or as ratio to avg. for all residential development). NOTE: Proffercalculations do not include Include Interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Data 08105/04 SKE 30 30 549,206 535,236 34,151 52.958 3895 $840 51.940 51,387 30 s9 38.298 54,501 562,569 $44,733 50 $0 Rev -Cost Bal 0.533 Ratio to Co Avg 0.715 Adjustment Far Revenue- Net Capital Cost Balance Facilities I moact 1 55.412 590,853 515,452 52,562 $508 52,432 $D 5115,822 5115,822 1 Net Goat Per Dweflina Unit $451 57.571 51,260 5213 $42 5203 SO 59,652 59,652 Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T Project Name: Westbury Commons Rezoning File No: 4079 Date February 3, 2005 To: FC Planning Attn: Candice Perkins Copied Evan Wyatt FREDERICK COUNTY PLANNING DEVELOPMENT From: Andy Conlon GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 n Urgent n For Your Review As You Requested n Please Comment Message: Candice, Per your request, attached please find ten additional copies of each of the following two rezoning exhibits for the Board of Supervisor packet: Location and Existing Zoning Site Plan Sheet, Generalized Development Plan The revised Proffers, original signed and notarized set, are also included with this transmittal. Let us know if you need anything else. Andy Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com T A X R E C E I P T Y E A R 2'0 0 4 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 -0225 2004 REAL ESTATE TAXES Previous FREDERICK MALL LE S3 53 4 3 E Balance 1.59 ACRES Acres: 1.59 Land: 155800 Imp: WILSON, JAMES T &.JESSIE S 1200 FAIRFAX ST STEPHENS CITY, VA 22655 2852 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T Y E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2004 REAL ESTATE TAXES FREDERICK MALL LF S3 53 4 3 F 1.54 ACRES Acres: 1.54 Land: 150900 A'S COPIER SALES C/O ADAMS, GARY L 249 GLENRIDGE DR WINCHESTER, VA 22602 7006 Principal Being Paid 9 0 Penalty Interest Amount Paid *Balance Due as of 5/19/2004$ Ticket 9 00371600001 as Date 5/19/2004 Register: LBX /CK Trans. 92371 Dept RE200401 ACCT# 27676 Check 9138.82 MARA 3213 (DUPLICATE) Imp: 2 0 0 4 Previous Balance 568-67 568.67 -00 -00 568.67 -00 Ticket 00000590001 as Date 6/03/2004 Register: COS /CO Trans. 29655 Dept RE200401 ACCT* 27677 550 -79 Principal Being Paid 550.79 0 Penalty .00 Interest .00 Amount Paid 550.79 *Balance Due as of 6/03/20049 -00 Check 550.79 BBT 1555 Pd by A'S COPIER SALES ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) WEST g: URY COMMONS REZONING APPLICATION Stonewall Magisterial District Frederick County, Virginia TM 53- ((4)) -E and TM 53- ((4)) -F aggregate area of 3.13 Acres Contact Person: December 23, 2004 Current Owners: HARVEST COMMUNITIES, INC. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540- 662 -4185 GREEFIWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 d,! y�9 5 Telephone 540 662 4185 t j Engineers FAX 540- 722 -9528 7 j, w Surveyors ww.greenwayeng.com 1 `,,,j i t I I III EC File #4079/EAWajc Rezoning Application Location Map Application Review Fee File #4079/EAW /ajc IMPACT STATEMENT WESTBURY COMMONS REZONING Stonewall Magisterial District Frederick County, Virginia TM 53- ((4)) -3 -E TM 53- ((4)) -3 -F aggregate area of 3.13 Acres August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Current Owners: Contact Person: Harvest Communities, Incorporated Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540- 662 -4185 Greenway Engineering INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 3.13 -acre subject property identified as Westbury Commons and owned by Harvest Communities, Incorporated. The subject property consists of two contiguous parcels, those being: TM 53- ((4)) -3 -E containing 1.59 -acres and TM 53- ((4)) -3 -F containing 1.54 acres. The subject site is located on the west side of Westminster Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of Westminster Canterbury Drive (Route 1318) and North Frederick Pike (Route 522). The applicant proposes to conditionally rezone the 3.13 -acre tract from Business General (B2) District to Residential Performance (RP) District. The applicant plans to create a compact eleven -unit community of detached single family small lot homes. (Reference Attachment 1. Location and Existing Zoning Exhibit for Westbury Commons) Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out File #4079/EAW /ajc August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 WESTBURY COMMONS REZONING Fronting on the west side of Westminster Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522) Stonewall 53- ((A)) -3 -E and 53- ((4)) -3 -F Business General (B2) District Unimproved Residential, Single family small lot, detached Residential Performance (RP) District 3.13 acres 11 Single family detached residential lots Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 COMPREHENSIVE PLAN AND ZONING ORDINANCE 1. Urban Development Area ,Westbury Commons Rezoning Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. 3. Recreational Units Requirement Frederick County Code Section 165 -64 states: A. Housing types with lots sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single family small lot housing shall provide a community center that provides for the equivalent of three age- appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. [Amended 10 -27 -1999) B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development.... The applicant proffers all lots shall be at least 6,000 square feet in area. The subdivision will utilize the "small lot development" option of the Residential Performance (RP) District. The applicant proffers to limit the total number of units to only eleven (11) homes. The project is exclusively for age- restricted residents, as enforced through proffers and deed restrictions. In keeping with the spirit of the ordinance as well as the interests of these future residents, the applicant intends to provide recreational amenities. A recent Planning Department interpretation holds that the ordinance requires the subject proposal to provide a community center building valued at $75,000, as well as other recreational amenities valued at $25,000. File #4079/EAW /ajc 3 Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Westbury Commons Rezoning The applicant requests the Planning Commission, in conjunction with the Administrator and Department of Parks and Recreation, consider a "design and amount of facilities" proportional and appropriate to eleven age restricted homes. In keeping with the recent Planning Department interpretation, a community center is included in the proposal. In addition, the applicant proffers to provide an age- appropriate pedestrian trail system. A. SUITABILITY OF THE SITE Access The subject site, consisting of tax parcels 53- ((4)) -3 -E and 53- ((4)) -3 -F, is located within a manmade boundary created by Westminster- Canterbury Drive (Route 1318) on the western frontage of the property; commercially zoned and developed adjacent properties to the north, the J.P. Darlington residential subdivision to the east, and the Canterbury Square and Westminster Canterbury residential communities to the south. The sole access to the subject site will be from Westminster Canterbury Drive (Route 1318). A Generalized Development Plan (GDP) has been submitted as a proffered exhibit. The GDP identifies the general common open space, buffer, and road layout. (Reference Attachment 2, Generalized Development Plan Exhibit for Westbury Commons) Flood Plains The subject property can be found on FEMA NFIP map #510063- 0105 -B. The entire site is located outside the 100 -year flood plain in designated "Zone C Wetlands The National Wetlands Inventory data from the Frederick County GIS database indicates there are no wetlands on this site. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIS database. The subject site contains the following two soil types: 14B Frederick Poplimento loams 2 -7 slope covers approx. 25` of site 17C Frederick Poplimento rock outcrop complex 2 -15 slope covers approx. 75 of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the 14B Frederick Poplimento loams soils as prime farmland; however given the small area of these soils within the subject property and the existing development surrounding the property, it is not well suited to agricultural activities. The remaining soil type on site is not identified as prime farmland soil. File #4079/EAW /ajc Greenway Engineering C. TRANSPORTATION Other Environmental Features File ri4079/EAW /ajc August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 le Westbury Commons Rezoning The site does not contain areas of steep slope or woodlands as defined by the Frederick County Zoning Ordinance. B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Business General (B2) District Residential Performance (RP) District South: Residential Performance (RP) District East: Residential Performance (RP) District West: Business General (B2) District Use: Commercial; car wash Use: Mixed; residence and grocery store Use: Residential; Canterbury Square Use: Residential; Darlington Subdivision Use: Commercial; Sunnyside Plaza Traffic will access the site via Westminster- Canterbury Drive (Route 1318). Westminster Canterbury Drive (Route 1318) intersects North Frederick Pike (Route 522) at a median crossing, which provides the ability to safely cross North Frederick Pike to access commercial services and the Route 37 By -pass to the west. Westminster Canterbury Drive averages 1,800 vehicle trips per day according to VDOT 2002 counts Pursuant to the I.T.E. Trip Generation Manual, 7 Edition (page 453), single family detached adult housing generates an average of 3.71 vehicle trips per day (VPD). VDOT has recognized an average VPD of 5.6 for this land use in recent traffic studies; therefore, the proffered eleven -unit subdivision would produce an average daily traffic volume ranging between 41 and 62 vehicle trips. Sight distance at the North Frederick Pike intersection is very good and a median crossing exists to facilitate safe traffic movement from Westminster Canterbury Drive. The internal subdivision street is to be a private road, maintained by the Westbury Commons Home Owners Association. The Proffer Statement ensures the cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. The private road is to be contained within an access easement, with all individual lots having frontage on the access easements (as permitted through Code 144- 24.C.2.b). Greenway Engineering E. WATER SUPPLY File #4079/EAW /ajc August 13, 2004 Revised September 29, 2004 Revised November I, 2004 Revised December 2, 2004 D. SEWAGE CONVEYANCE AND TREATMENT Q 225 GPD per dwelling unit Q 225 GPD x 11 dwelling units Q 2,475 GPD Q 275 GPD per dwelling unit Q 275 GPD x 11 dwelling units Q 3, 025 GPD Westbury Commons Rezoning The 3.13 -acre property is located in the northwestern portion of the Sewer and Water Service Area (SWSA). There is an existing Frederick County Sanitation Authority (FCSA) 8" sanitary sewer main on the south and east side of the subject site, which will serve the project. Effluent is conveyed from this geographic area to the Opequon Waste Water Treatment Plant through a series of transmission lines ranging in size from 12 inches to 30 inches. The eleven lots will be connected to the main in accordance with FCSA regulations. Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of eleven single family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single family detached unit. The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of eleven (11) dwelling units: The proposed zoning is estimated to add 2,475 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant. The design capacity of the treatment plant is 8.4 million gallons per day, of which the City and the County are currently utilizing approximately 6.4 million gallons per day. The total build -out of the proposed subdivision would require approximately 1 /10 of one percent of the available capacity at the Opequon Waste Water Treatment Plant; therefore, adequate capacity, source and infrastructure is available for this development. The 3.13 -acre property is located in the northwestern portion of the Sewer and Water Service Area (SWSA). There is an existing FCSA 8 -inch water line along Westminster- Canterbury Drive, which will serve the project. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of eleven single family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single family detached unit. The figures below represent the impact that this project would have to the water supply system at full build -out of eleven dwelling units: Greenway Engineering The proposed development would utilize an estimated 3,025 gallons per day. The North West water storage and Sunnyside water storage tank provide water source and maintain adequate pressure for the Sunnyside community. The water storage tanks are served by adequate transmission lines and source, which includes the Stephens City quarries and water purchased from the City of Winchester. The projected water usage at build -out is negligible. Therefore, adequate capacity, source and infrastructure are available for this subdivision. F. SITE DRAINAGE The 3.13 -acre site is relatively flat, generally falling gently eastward from the Westminster Canterbury Road frontage to the rear of the tract. The topographic low point of the site is in the northeast corner. An onsite storm water management pond is proposed in this corner of the property to control the increased run -off. Stormwater will be detained during peak recovery of 2, 10, and 100 -year storm events for discharge into an existing shallow swale at or below pre development rates. All storm water management measures are to be approved by the County Engineer. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected based upon each household having an annual average volume (AAV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference Manual, 4 edition). The following figures show the increase in daily volume based on the proffered density of 11 dwellings. It is estimated that the proposed development will provide approximately 1/10 of one percent increase in the Municipal Solid Waste portion of the Regional Landfill. The Landfill has the capacity to accommodate this increase in solid waste generation. File #4079/EAW /ajc August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 AAV 5.4 cu. yd. per dwelling AAV 5.4 cu. yd. x 11 dwellings AAV 59.4 cu. yd. Westbury Commons Rezoning Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 H HISTORICAL SITES AND STRUCTURES 1. Virginia Division of Historic Landmarks The Rural Landmarks Survey Report for Frederick County identifies the Martin House (file #34 -527) as a potentially significant property within this geographic area of the County. The Martin House is not listed as a property potentially eligible for the State and National Register of Historic Places. The Martin House, located more than a quarter mile east of the subject property, and to the east of the Budget Motel, is not visible from the Westbury Commons site. Therefore there are no impacts to the Martin House as a result of this rezoning application. 2. Winchester Regional Preservation Office Department of Historic Resources There were no archeological artifacts found on the site. I. OTHER IMPACTS Westbury Commons Rezoning The Frederick County Capital Facilities Fiscal Impact Model has been applied to the development of twelve (12) single family detached dwelling units (an earlier design of the project yielded one more lot). The results of this model run indicate that development of the subject site with typical single family homes would result in a net fiscal impact of $9,652 per dwelling unit. However, it is noted the Westbury Commons community is proffered as an age- restricted community; therefore the impacts would not be that of typical (i.e. not age restricted) residences. This difference is most evident in the very limited impact this project will have on the school system. Removing the $7,571 attributed to Public Schools from the formula leaves a net fiscal impact of 2,081 per dwelling unit. Due to the current interpretation of Zoning Ordinance provisions for RP District small lot subdivision, this application is required to provide on -site recreational amenities valued at approximately $100,000 (i.e. four recreational units), or $9,090.91 per dwelling unit (exclusive of operating /maintenance costs). The cost of these required recreational amenities far exceeds the anticipated value to the residents and should more than satisfy any further contribution to the Parks and Recreation component of the model. Removing the $1,288 attributed to Parks and Recreation from the formula leaves a net fiscal impact of $793 per dwelling unit. It is acknowledged this development will have fiscal impacts to County services, including County Administration, Fire and Rescue, Public Libraries, and Sheriffs Department. The applicant has proffered a $1,000 per dwelling unit monetary contribution to mitigate impacts projected by the fiscal impact model. File #4079/EAW /ajc Greenway Engineering Attachments: August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 1. Fiscal Impact Model Run for Westbury Commons (12 lots) 2. Location and Existing Zoning Exhibit for Westbury Commons 3. Generalized Development Plan Exhibit for Westbury Commons 4. Conditional Zoning Proffer Statement for Westbury Commons File #4079/EAW /ajc Westbury Commons Rezoning Greenway Engineering Preliminary Matters File #4079/AJC August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 WESTBURY COMMONS REZONING PROFFER STATEMENT Tax Parcels #53- ((4)) -3 -E 53- ((4)) -3 -F Gainesboro Magisterial District Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 3.13 -acres from the Business General (B2) District to Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject property, identified as Westbury Commons, and more particularly described as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel 53- ((4)) -3 -E and 53- ((4)) -3 -F and being the same property as shown on a plat of survey prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County, Virginia in Deed Book 553 at Page 489. A. Generalized Development Plan The applicant hereby proffers to develop the 3.13 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. B. Residential Use Enhancements el Westbury Commons Rezoning 1. The applicant hereby proffers that the 3.13 -acre property shall be developed pursuant to the "Single- family small lot" detached dwelling unit option as permitted in the Residential Performance (RP) District. All other housing types allowed in Section 165 -65 are hereby prohibited. Greenway Engineering C. Private Street August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 .Westbury Commons Rezoning 2. The applicant hereby proffers to limit the total number of "Single family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. 3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. The applicant hereby proffers to serve the community with a private street. The cross sectional dimension of pavement thickness an compacted base thickness will meet or exceed the public street pavement section standards utilized by the VDOT. The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. D. Age- Restricted Community The applicant agrees that the following language shall be included in the deeds conveying real property designated as age- restricted housing on that portion of the property. All occupied residential units shall be occupied by at least one person fifty -five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty -five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty -five (55) years of age or older. Not withstanding this limitation, a person hired to provide live -in, long term or terminal health care of a person who is fifty five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty -five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. File #4079 /AJC Greenway Engineering E. Recreational Amenities F. Open Space August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 File #4079/AJC G. Monetary Contribution to Offset Impact of Development is Westbury Commons Rezoning 3. If title to any lot or unit shall become vested in any person under the age of fifty five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he /she shall have attained the age of fifty -five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. The applicant hereby proffers to construct a five -foot wide asphalt pedestrian trail system throughout the project, with connections to the center commons and community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. 1. The applicant hereby proffers to provide community commons open space in the center and northwest quadrant of the project, as well as around the perimeter of the site. 2. The applicant hereby proffers to provide a Category B full screen buffer along the portion of the northern project property line adjacent to existing B2 zoned parcel. 3. The applicant hereby proffers to provide a twenty -five (25) foot landscaped buffer along the western project property line, adjoining Westminster- Canterbury Drive (Route 1318). A fence, of a minimum four feet in height, shall be constructed along the residential lot lines that adjoin this buffer. The undersigned owner of the above described property hereby voluntarily proffers that in the event rezoning application is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. Greenway Engineering H. Signatures Respectfully Submitted: File #4079 /AJC Commonwealth of Virginia, City /County of August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 By: Stuart Butler, President Date Harvest Communities, Inc. My Commission Expires 40 Westbury Commons Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public RA RURAL AREAS DISTRICT RP RESIDENTIAL PERFORMANCE DISTRICT R4 RESIDENTIAL PLANNED COMMUNITY R5 RESIDENTIAL RECREATIONAL COMMUNITY MH1 MOBILE HOME COMMUNITY DISTRICT 81 NEIGHBORHOOD BUSINESS DISTRICT B2 BUSINESS GENERAL DISTRICT 93 INDUSTRIAL TRANSITION DISTRICT 1 LIGHT INDUSTRIAL DISTRICT M2 INDUSTRIAL GENERAL DISTRICT EM EXTRACTIVE MANUFACTURING DISTRICT HE HIGHER EDUCATION DISTRICT 9 VAIN .06 1 i*S ZO NING LEGEND CI OF WI ESTER L z O q DATE 08;19;0. C 9