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HomeMy WebLinkAbout01-05 ApplicationI/ COUNTY of FREDERICK Department of Planning and Development 540/66S-5651 FAX: 540/665-6395 May 16, 2007 Benjamin M. Butler, Esquire McKee & Butler, P.L.C. P.O. Drawer 2097 Winchester, VA 22604 -1297 RE: Zoning Certification Russell 150 Rezoning # 01 -05 Dear Mr. Butler: This letter is in response to your correspondence dated May 3, 2007, to the Zoning Administrator requesting a zoning certification on the above- referenced project. This rezoning was approved by the Frederick County Board of Supervisors on September 28, 2007. This rezoning was of 150 acres of land, with proffers, from RA (Rural Areas) to B -2 (Business General) and RP (Residential Performance) Zoning District. I have included below an outline of the rezoning: 1. Property Identification Number (PIN) 64 -A -10, 64 -A -12, and 64 -A -150 are zoned B -2 and RP Zoning District. These properties cover a land bay of 150 acres. 2. There are proffers and a proffered General Development Plan (GDP) assigned to these properties. 3. A Master Development Plan (MDP #08 -06) for These properties has been approved by Frederick County on September 19, 2006. These properties are subject to the proffers of Rezoning #01 -05. Any request to change proffers will require a rezoning. If you have any questions contact at (540) 665 -5651. Sincerely, Mark R. Cheran Zoning Administrator MRC /bad Enclosures 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Department of Planning and Development 540/665.5651 FAX: 540 /665 -6395 October 3, 2005 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 901 -05, RUSSELL 150 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 28, 2005. The above - referenced application was approved to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with Proffers; said Proffers reflecting the revisions which were accepted by the Board of Supervisors on September 28, 2005 (totaling 150.28 acres). The subject properties front on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645) and has frontage on the east side of Interstate 81, and are identified with Property Identification Numbers 64 -A -10 and 64 -A -12, in the Shawnee 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. The Department looks forward to working with you and the applicants during the development of this project. Sincerely, "'07 Michael T. Ruddy Deputy Planning Director MTR/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris.. Shawnee Magisterial District Commissioner Jane Anderson. Real Estate Russell 150, LC, Attn: Denver E. Quinnelly, 36 Ricketts Dr., Winchester, VA 22601 107 North Dent Street, Suite 202 ^ Winchester, Virginia 22601 -5000 i !► REZONING APPLICATION #01 -05 RUSSELL 150, LC Summary Staff Report for the Board of Supervisors Prepared: September 21, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13105 Postponed for up to 60 Days 05/25/05 Postponed for up to 60 Days 08110105 Postponed for up to 90 Days PROPOSAL To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER(S) 64 -A -10 and 64 -A -12 PROPERTY ZONING RA (Rural Areas) District PRESENT USE Agricultural /Vacant /Residential ADJOINING PROPERTY ZONING & PRESENT USE North: RP (Residential Performance) B2 (Business General) South: RA (Rural Area) B2 (Business General) East: RP West: City of Winchester Use: Residential /Institutional Vacant Use: Vacant Vacant Use: Residential Use: Residential /Vacant PROPOSED USES Residential (single- family attached and detached) and Commercial. Rezoning #01 -05 — Russell 150, LC September 21, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan 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 Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer F &R: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick - Winchester Service Authority No comments. Public Works Department: Please see the attached letter dated November 9, 2004, front Haney E. Strawsnyder, Jr., 1'.E., Director of Public Works. Sanitation Authority No comment. Frederick - Winchester Health Department: Adequate water and sewer must be provided. Frederick Countv Department of Parks & Recreation: All bicycle lanes /trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland: however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not Rezoning #01 -05 — Russell 150, LC September 21, 2005 Page 3 address recreational units required for this project Winchester Regional Airport: Please see attached letter dated December 8, 2009, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please seethe attached letter dated December 3, 2009, from Mr. Stephen Kapocsi, Administrative Assistant to the Superintendent. Historic Resources Advisory Board: Please see the attached letter dated February 1.7 2005, from Ms. Candice E. Perkins, Planner H. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R -1 (Residential Limited). The parcels were re- mapped from R -1 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011 -80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. • • Rezoning #01 -05 — Russell 150, LC September 21, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use environment. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in theplan. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4 -lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane divided /raised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. 0 Rezoning #01 -05 —Russell 150, LC September 21, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to environmental features and historic areas. 3) Site Suitability /Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for enhanced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Rum floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the environmental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. 0 Rezoning #01 -05 —Russell 150, LC September 21, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and accommodated in the TIA. A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 23,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of Gast Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). *( *) represents AM(PM) LOS. The permitted intensity q / commercial development would have a greater impact than that which has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and innovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the Interstate 81 /East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. 0 Rezoning #01 -05 — Russell 150, LC September 21, 2005 Page 7 The stated intent of the CDA is to provide funding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of a CDA for this project. The applicant has proffered to fully participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right -of -way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right -of -way dedication is proffered to facilitate the extension and development of Airport Road. However, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to fully participate in the CDA established for the purposes of funding the construction of this and other improvements. Development of the bridge is only guaranteed with the establishment and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It may be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that fully addresses the needs of the project, community, and further assists with the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that 0 0 Rezoning #01 -05 —Russell 150, LC September 21, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of East Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conj unction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to commit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially future County planning efforts. It would be desirable for this application to promote this unique opportunity as an example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The permitted intensity of commercial development would have a greater impact than that which has been modeled and reviewed by the Frederick County Sanitation Authority and Frederick Winchester Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Impact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and 0 0 Rezoning 401 -05 — Russell 150, LC September 21, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the I-IRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of commercial development would have a greater impact on community facilities than that which has been modeled. The applicant `s Impact Models evaluation of the impact on Solid Waste Disposal facilities should be considered. The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the amount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. Initial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to future property owners of the residential uses regarding aircraft noise associated with airport operations. 0 0 Rezoning #01 -05 —Russell 150, LC September 21, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional. and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a Minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation In recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: it to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street/ Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right -of -way for said purpose (ultimate section is interpreted to be a 4 lane raised median divided roadway), iii) to developing the ultimate section of Airport Road extended within an undetermined right -of -way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, V) to provide inter - parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. 0 6 Rezoning 401 -05 — Russell 150, LC September 21, 2005 Page 11 D) Monetary Contribution The applicant has proffered a monetary contribution in the amount of $3,000 per residential unit for the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03 /16/05 PLANNING COMMISSION MEETING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the full by- right build out of the commercial component of this rezoning request and the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16, 2005 MEETING Regarding the staffs concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating their commitment to provide a disclosure statement on the subdivision plats concerning airport - related noise for future residential property owners. No commitment was made by the applicant for the continuation of East Tevis Street, from the western limits ofthe property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA funding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Commission members. A commissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four -year build -out. Therefore, the applicant was not willing to commit to a commercial start date. Rezoning #01 -05 —Russell 150, LC September 21.2005 Page 12 Based on concerns about the large amount of impervious areas to be constructed with parking and the detrimental environmental impact that could result, commissioners asked the applicant to consider incorporating best management practices for the parking and non - porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner's consent, prior to the Board's consideration. Commission members inquired if any ofthe HRAB's recommendations regarding the faun coin plex were being considered. The applicant replied that all ofthe structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Commission members were interested in a commitment from the applicant to establish design standards for the overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light ofthe special taxing involving the CDA and the wide variety of commercial- retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion ofthe project was within the airport'sflightpath and secondly, because ofthe additional school children that would impact already-overcrowded schools. Another commissioner suggested the possibility ofthe applicant conducting an environmental impact study in light of Buffalo Lick Run. The chairman asked the applicant to confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. The applicant responded that tile) are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. The width of pavement sections for right -of -ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non- porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design ofthe parking and non- porous surface areas to improve drainage and storm water management. The vote was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S) Straub, Watt, Unger, Morris, Light, DeFlaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: GochenOnr 0 0 Rezoning #01 -05 —Russell 150, LC September 21, 2005 Page 13 BOARD OF SUPERVISORS' SUMMARY & ACTION FOR THE APRIL 13, 2005 MEETING Members of the Board sought assurances that the County would not be responsible for the infrastructure construction, if the Community Development Authority collapsed. They also felt aphasing plan would be vital to ensure the commercial development is completed before the residential construction is started. They believed the commercial development would provide the funds the County would need to mitigate the impacts of the proposed residential portion of development. In addition, the Board felt the project was incomplete without the extension of East Tevis Street to Route 522. Two adjoining property owners spoke during the public hearing portion of the meeting. One of the property owners supported the project and said it would be good for the County. The other property owner had concerns about commercial development taking place behind him; he did not think that the traffic circle proposed in the plan would be good for areas where there is high - density traffic. The Board unanimously agreed to postpone action on the rezoning application for up to 60 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE MAY 25, 2005 BOARD OF SUPERVISORS MEETING: Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZO1 -05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un- addressed. On May 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. Options available to the Board are as follows: 1) To deny RZOI -05 in it's current form. 2) To continue the postponement of RZ01 -05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. 3) To approve RZO1 -05 in it's current form. STAFF UPDATE FOR THE AUGUST 10, 2005 BOARD OF SUPERVISORS MEETING: The Board of Supervisors, at their May 25, 2005 Board Meeting, continued the postponement ofRZ01- 05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. On July 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 90 day period from the August 10, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. 0 0 Rezoning #01 -05 — Russell 150, LC September 21, 2005 Page 14 Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZOI -05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un- addressed. It may be appropriate for the Board of Supervisors to continue the postponement of RZO1 -05 as requested by the applicant in their letter dated July 18, 2005, for up to another 90 days. Alternately, the options available to the Board are the same as identified in the Staff update for the May 25, 2005 BOS meeting. STAFF UPDATE. FOR THE SEPTEMBER 28, 2005 BOARD OF SUPERVISORS MEETING: At the August 10, 2005 meeting the Board of Supervisors granted the continuation of a postponement for this application. The applicant had up until the November 9, 2005 Board meeting to address the concerns identified previously by the Board of Supervisors. On September 21, 2005, staff was provided with a revised set of proffers and a revised GDP for the Russell 150 rezoning application. At this time, staff has not had the opportunity to review the content of the revised proffers, but will be providing a review to the Board prior to the meeting. Staff believed it was important to forward the revised materials to the Board as soon as possible. 0 0 151 Windy Hill lane Winchester, Virginia 22602 July 18, 2005 Frederick County Board of Supervisors Attn: Richard C. Shickle, Chairman 107 North Kent Street Winchester, VA 22601 RE: Russell 150 Rezoning Application Dear Mr. Shickle: The purpose of this letter is to request continuance of the Russell 150 Rezoning Application for up to an additional 90 -day period. As you know, the applicant previously requested a 60 day continuance from the May 25, 2005 Board of Supervisors meeting, which is scheduled to be reconsidered by the Board of Supervisors on August 10, 2005. The applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. The applicant requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to 90 days from the date of the August 10, 2005 meeting. Thank you for your assistance regarding this matter. Please advise me if you need any additional information and I will forward it to you immediately. Sincerely, l..U6- Q , Evan Wyatt, AICP Greenway Engineering Cc: Denver Quinnelly, Russell 150, L.C. Ben Butler, Legal Counsel John R. Riley, Jr., County Administrator Mike Ruddy, Frederick County Planning Department Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 w .greenwayeng.conr r .� ? ' 0 0 f ENGINEERING 151 Windy Hill lane Winchester, Virginia 22602 July 18, 2005 Frederick County Board of Supervisors Attn: Richard C. Shickle, Chairman 107 North Kent Street Winchester, VA 22601 RE: Russell 150 Rezoning Application Dear Mr. Shickle: The purpose of this letter is to request continuance of the Russell 150 Rezoning Application for up to an additional 90 -day period. As you know, the applicant previously requested a 60 day continuance from the May 25, 2005 Board of Supervisors meeting, which is scheduled to be reconsidered by the Board of Supervisors on August 10, 2005. The applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. The applicant requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to 90 days from the date of the August 10, 2005 meeting. Thank you for your assistance regarding this matter. Please advise me if you need any additional information and I will forward it to you immediately. Sincerely, Q , Evan Wyatt, AICP Greenway Engineering Cc: Denver Quinnelly, Russell 150, L.C. Ben Butler, Legal Counsel John R. Riley, Jr., County Administrator Mike Ruddy, Frederick County Planning Department Engineers Surveyors Telephone 540- 662 -4155 FAX 540- 722 -9528 mry wgreenwayeng.com 0 0 REZONING APPLICATION 401 -05 RUSSELL 150, LC Summary Staff Report for the Board of Supervisors Prepared: May 19, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also he useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Postponed for up to 60 Days 05/25/05 Pending PROPOSAL To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER(S) 64 -A -10 and 64 -A -12 PROPERTY ZONING RA (Rural Areas) District PRESENT USE Agricultural/Vacant /Residential ADJOINING PROPERTY ZONING & PRESENT USE North: RP (Residential Performance) Use: Residential/Institutional B2 (Business General) Vacant South: RA (Rural Area) Use: Vacant B2 (Business General) Vacant East: RP Use: Residential West: City of Winchester Use: Residential/Vacant PROPOSED USES Residential (single- family attached and detached) and Commercial. 0 0 Rezoning #01 -05 — Russell 150, LC May 19, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the LT.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 Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer F &R: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick - Winchester Service Authority No comments. Public Works Department: Please see the attached letter dated November 9, 2004, from Harvey E. Strawsnyder, Jr., P. E., Director of Public Works. Sanitation Authority No comment. Frederick - Winchester Health Department: Adequate water and sewer must be provided. Frederick Countv Department of Parks & Recreation: All bicycle lanes /trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 3 address recreational units required for this project Winchester Regional Airport: Please see attached letter dated December 8, 2004, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated December 3, 2004, from Mr. Stephen Kapocsi, Administrative Assistant to the Superintendent. Historic Resources Advisory Board: Please see the attached letter dated February 17, 2005, from Ms. Candice E. Perkins, Planner IL Plannimg & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R -1 (Residential Limited). The parcels were re- mapped from R -1 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011 -80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1 ] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. Rezoning #01-05— Russell 150, LC May 19, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use environment. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in the plan. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4 -lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane divided /raised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to environmental features and historic areas. 3) Site Suitabilitv/Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for entranced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Run floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the environmental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. Rezoning 401 -05 — Russell 150, LC May 19, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and accommodated in the TIA. A. Transportation Traffic Impact Anal The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 25,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). *( *) represents AM(PM) LOS. The permitted intensity of commercial development would have a greater impact than that which has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and innovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the Interstate 81 /East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 7 The stated intent of the CDA is to provide funding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of a CDA for this project. The applicant has proffered to fully participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right -of -way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right -of -way dedication is proffered to facilitate the extension and development of Airport Road. However, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to fully participate in the CDA established for the purposes of funding the construction of this and other improvements. Development of the bridge is only guaranteed with the establishment and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It maybe desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that fully addresses the needs of the project, community, and further assists with the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of East Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conjunction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to commit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially future County planning efforts. It would be desirable for this application to promote this unique opportunity as an example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The permitted intensity of commercial development would have a greater impact than that which has been modeled and reviewed by the Frederick County Sanitation Authority and Frederick Winchester Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Impact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and • Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the HRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriffs Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of commercial development would have a greater impact on community facilities than that which has been modeled. The applicant's Impact Models evaluation of the impact on Solid Waste Disposal facilities should be considered. The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the amount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. Initial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to future property owners of the residential uses regarding aircraft noise associated with airport operations. 0 0 Rezoning 401 -05 — Russell 150, LC May 19, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional, and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation In recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: i) to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street / Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right -of -way for said purpose (ultimate section is interpreted to be a 4 lane raised median divided roadway), iii) to developing the ultimate section of Airport Road extended within an undetermined right -of -way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, v) to provide inter -parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. Rezoning 401 -05 — Russell 150, LC May 19, 2005 Page 11 D) Monetary Contribution The applicant has proffered a monetary contribution in the amount of $3,000 per residential unit for the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the full by- right build out of the commercial component of this rezoning request and the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16, 2005 MEETING Regarding the staff s concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating their commitment to provide a disclosure statement on the subdivision plats concerning airport- related noise for future residential property owners. No commitment was made by the applicant for the continuation of East Tevis Street, from the western limits of the property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA funding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Commission members. A commissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four -year build -out. Therefore, the applicant was not willing to commit to a commercial start date. 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 12 Based on concerns about the large amount of impervious areas to be constructed with parking and the detrimental environmental impact that could result, commissioners asked the applicant to consider incorporating best management practices for the parking and non - porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner's consent, prior to the Board's consideration. Commission members inquired if any of the HRAB's recommendations regarding the farm complex were being considered. The applicant replied that all of the structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Commission members were interested in a commitment from the applicant to establish design standards for the overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light ofthe special taxing involving the CDA and the wide variety of commercial- retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion of the project was within the airport's flight path and secondly, because ofthe additional school children that would impact already- overcrowded schools. Another commissioner suggested the possibility of the applicant conducting an environmental impact study in light of Buffalo Lick Run. The chairman asked the applicant to confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. The applicant responded that they are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. The width of pavement sections for right -of -ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non - porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design of the parking and non - porous surface areas to improve drainage and storm water management. The vote was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S) Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour • 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 13 BOARD OF SUPERVISORS' SUMMARY & ACTION FOR THE APRIL 13, 2005 MEETING Members of the Board sought assurances that the County would not be responsible for the infrastructure construction, if the Community Development Authority collapsed. They also felt a phasing plan would be vital to ensure the commercial development is completed before the residential construction is started. They believed the commercial development would provide the funds the County would need to mitigate the impacts of the proposed residential portion of development. In addition, the Board felt the project was incomplete without the extension of East Tevis Street to Route 522. Two adjoining property owners spoke during the public hearing portion of the meeting. One of the property owners supported the project and said it would be good for the County. The other property owner had concerns about commercial development taking place behind him; he did not think that the traffic circle proposed in the plan would be good for areas where there is high - density traffic. The Board unanimously agreed to postpone action on the rezoning application for up to 60 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE MAY 25, 2005 BOARD OF SUPERVISORS MEETING: Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZO1 -05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un- addressed. On May 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. Options available to the Board are as follows: 1) To deny RZO1 -05 in it's current form. 2) To continue the postponement of RZO 1 -05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. 3) To approve RZO1 -05 in it's current form. STAFF UPDATE FOR THE AUGUST 10, 2005 BOARD OF SUPERVISORS MEETING: The Board of Supervisors, at their May 25, 2005 Board Meeting, continued the postponement of RZ01- 05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. On July 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 90 day period from the August 10, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. 0 0 Rezoning #01 -05 — Russell 150, LC May 19, 2005 Page 14 Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZO1 -05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un- addressed. It may be appropriate for the Board of Supervisors to continue the postponement of RZO1 -05 as requested by the applicant in their letter dated July 18, 2005, for up to another 90 days. Alternately, the options available to the Board are the same as identified in the Staff update for the May 25, 2005 BOS meeting. REZONING APPLICATION 401 -05 RUSSELL 150, LC Summary Staff Report for the Board of Supervisors Prepared: May 19, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Postponed for up to 60 Days 05/25/05 Pending PROPOSAL To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION The property fronts on the west side of Front Royal Pike (Route 522). opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER(S) 64 -A -10 and 64 -A -12 PROPERTY ZONING RA (Rural Areas) District PRESENT USE Agricultural /Vacant /Residential ADJOINING PROPERTY ZONING & PRESENT USE North: RP (Residential Performance) B2 (Business General) South: RA (Rural Area) B2 (Business General) East: RP West: City of Winchester Use: Residential /Institutional Vacant Use: Vacant Vacant Use: Residential Use: Residential /Vacant PROPOSED USES Residential (single - family attached and detached) and Commercial. i • Rezoning 90 1 -05 — Russell 150, LC May 19, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan 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 Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer F &R: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick - Winchester Service Authority No comments. Public Works Department: Please see the attached letter dated November 9, 200=1, from Harvey E. Strawsnyder, Jr., P.E., Director ofPublic Works. Sanitation Authority No comment. Frederick - Winchester Health Department: Adequate water and sewer must be provided. Frederick County Department of Parks & Recreation: All bicycle lanes /trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 3 address recreational units required for this project Winchester Regional Airport: Please see attached letter dated December 8, 2004, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated December 3, 2004, from Mr. Stephen Kapocsi, Administrative Assistant to the Superintendent. Historic Resources Advisory Board: Please see the attached letter dated February 11 2005, from Ms. Candice E. Perkins, Planter H. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R -1 (Residential Limited). The parcels were re- mapped from R -I to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011 -80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Poliev Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -I J Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use environment. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in the plan. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Tran,sPortalion The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U41Z (Urban 4 -lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane divided /raised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. Rezoning 401 -05 — Russell 150, LC May 19, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to environmental features and historic areas. 3) Site Suitability /Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for enhanced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Run floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the environmental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and accommodated in the TIA. A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 23,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). *( *) represents AM(PM) LOS. The permitted intensity of commercial development would have a greater impact than that which has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and innovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the Interstate 81 /East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and Fast Tevis Street within the limits of the project. • Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 7 The stated intent of the CDA is to provide funding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of CDA for this project. The applicant has proffered to fully participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right -of- -way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right- of-way dedication is proffered to facilitate the extension and development of Airport Road. However, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to fully participate in the CDA established for the purposes of funding the construction of this and other improvements. Development of the bridge is only guaranteed with the establishment and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It may be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that fully addresses the needs of the project, community, and further assists with the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of East Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conjunction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to commit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially future County planning efforts. It would be desirable for this application to promote this unique opportunity as an example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The permitted intensity of commercial development would have a greater impact than that which has been modeled and reviewed by the Frederick County Sanitation Authority and Frederick ld'inchester Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Impact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the FIRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff s Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of commercial development would have a greater impact on community facilities than that which has been modeled. The applicant's Impact Models evaluation of the impact on Solid Waste Disposal facilities should be considered. The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the amount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. Initial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to future property owners of the residential uses regarding aircraft noise associated with airport operations. 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional, and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy Five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation In recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: i) to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street / Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right -of -way for said purpose (ultimate section is interpreted to be a 4 lane raised median divided roadway), iii) to developing the ultimate section of Airport Road extended within an undetermined right -of -way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, V) to provide inter - parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. 9 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 11 D) Monetary Contribution The applicant has proffered a monetary contribution in the amount of$1,000 per residential unit for the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the full by- right build out of the commercial component of this rezoning request and the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16, 2005 MEETING Regarding the staffs concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating their commitment to provide a disclosure statement on the subdivision plats concerning airport- related noise for future residential property owners. No commitment was made by the applicant for the continuation of Gast Tevis Street, from the western limits ofthe property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA funding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Commission members. A commissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four -year build -out. Therefore, the applicant was not willing to commit to a commercial start date. 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 12 Based on concerns about the large amount of impervious areas to be constructed with parking and the detrimental environmental impact that could result, commissioners asked the applicant to consider incorporating best management practices for the parking and non - porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner`s consent, prior to the Board's consideration. Commission members inquired if any of the HRAB's recommendations regard ingthe farm coin plex were being considered. The applicant replied that all of the structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Commission members were interested in a commitment from the applicant to establish design standards for the overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light of the special taxing involving the CDA and the wide variety of coin mercial- retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion of the project was within the airport's flight path and secondly, because of the additional school children thatwouldiin pact aI ready-overcrowded schools. Another commissioner suggested the possibility ofthe applicant conducting an environmental impact study in light of Buffalo Lick Run. The chairman asked the applicant to confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. The applicant responded that they are looking atfourtravel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with V DOT and the bridge consultants priorto the Board's review. The width of pavement sections for right -of -ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non- porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design of the parking and non - porous surface areas to improve drainage and storm water management. The vole was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S) Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour 0 0 Rezoning #01 -05 —Russell 150, LC May 19, 2005 Page 13 BOARD OF SUPERVISORS' SUMMARY & ACTION FOR THE APRIL 13, 2005 MEETING Members of the Board sought assurances that the County would not be responsible for the infrastructure construction, if the Community Development Authority collapsed. They also felt a phasing plan would be vital to ensure the commercial development is completed before the residential construction is started. They believed the commercial development would provide the funds the County would need to mitigate the impacts of the proposed residential portion of development. In addition, the Board felt the project was incomplete without the extension of East Tevis Street to Route 522. Two adjoining property owners spoke during the public hearing portion of the meeting. One of the property owners supported the project and said it would be good for the County. The other property owner had concerns about commercial development taking place behind him; he did not think that the traffic circle proposed in the plan would be good for areas where there is high - density traffic. The Board unanimously agreed to postpone action on the rezoning application for up to 60 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE MAY 25, 2005 BOARD OF SUPERVISORS MEETING: Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZO1 -05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un- addressed. On Mav 18. 2005. a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. Options available to the Board are as follows: 1) To deny RZO1 -05 in it's current form. 2) To continue the postponement ofRZ01 -05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. 3) To approve RZO1 -05 in it's current form. e N 0 151 Windy Hill lane Winchester, Virginia 22602 May 16, 2005 Frederick County Board of Supervisors Attn: Richard C. Shickle, Chairman 107 North Kent Street Winchester, VA 22601 RE: Russell 150 Rezoning Application Dear Mr. Shickle: The purpose of this letter is to request continuance of the Russell 150 Rezoning Application that is scheduled to be reconsidered by the Board of Supervisors on May 25, 2005. As you know, the Board of Supervisors postponed action on this request for up to 60 days during their regular meeting on April 13, 2005. The applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors during this meeting. The applicant requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. Thank you for your assistance regarding this matter. Please advise me if you need any additional information and I will forward it to you immediately. Sincerely, Evan W AICP Greenway Engineering Cc: Denver Quinnelly, Russell 150, L.C. Ben Butler, Legal Counsel John R. Riley, Jr., County Administrator ✓L4iEe uddy rredericktiCourify _P,]anning:Depaitrient' Engineers Swveyors "Telephone 540- 662 -4185 FAX 540- 722 -9528 i www.greemvayeng.com REZONING APPLICATION #01 -05 RUSSELL 150, LC Staff Report for the Board of Supervisors Prepared: March 29, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13105 Pending PROPOSAL To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER(S) 64 -A -10 and 64 -A -12 PROPERTY ZONING RA (Rural Areas) District PRESENT USE Agricultural /Vacant/Res i denti a[ ADJOINING PROPERTY ZONING & PRESENT USE North: RP (Residential Performance) B2 (Business General) South: RA (Rural Area) B2 (Business General) East: RP West: City of Winchester Use: Residential /Institutional Vacant Use: Vacant Vacant Use: Residential Use: Residential /Vacant PROPOSED USES Residential (single- family attached and detached) and Commercial. 0 0 Rezoning #01 -05 — Russell 150, LC March 29, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension i1' the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan 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 Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer F &R: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick - Winchester Service Authority No comments. Public Works Department: Please see the attached letter dated November 9. 200=1, from Harvey E. Strawsnyder, Jr., P.E., Director of Public Works. Sanitation Authority No comment. Frederick- Winchester Health Department: Adequate water and sewer must be provided. Frederick County Department of Parks & Recreation: All bicycle lanes /trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents ofthis development wilt have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not 0 0 Rezoning #01 -05 — Russell 150, LC March 29, 2005 Page 3 address recreational units required for this project Winchester Regional Airport: Please see attached letter dated December 8, 2004, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated December 3, 2004, from Mr. ,Stephen Kapocsi, Administrative Assistant to the Superintendent. Historic Resources Advisory Board: Please see the attached letter dated February 17, 2005, from Ms. Candice E. Perkins, Planner IL Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R -1 (Residential Limited). The parcels were re- mapped from R -1 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #01 1 -80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. Rezoning #01 -05 —Russell 150, LC March 29, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use environment. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in the plan. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan ( Comprehensive Plan 7 -6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transporation Study) further identifies these improvements and provides a U41Z (Urban 4 -lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane dividedlraised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. Rezoning 401 -05 — Russell 150. LC March 29, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to environmental features and historic areas. 3) Site Suitability /Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for enhanced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Run floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the environmental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. 0 0 Rezoning #01 -05 —Russell 150, LC March 29, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and accommodated in the TIA. A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 23,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). *( *) represents AM(PM) LOS. The permitted intensity of commercial development would have a greater impact than that which has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and innovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the Interstate 81 /East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. 0 0 Rezoning #01 -05 — Russell 150, LC March 29, 2005 Page 7 The stated intent of the CDA is to provide funding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of a CDA for this project. The applicant has proffered to fully participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right -of -way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right -of -way dedication is proffered to facilitate the extension and development of Airport Road. However, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to fully participate in the CDA established for the purposes of funding the construction of this and other improvements. Development of the bridge is only guaranteed with the establishment and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It may be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that fully addresses the needs of the project, community, and further assists with the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that 0 0 Rezoning #01 -05 — Russell 150, LC March 29, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of Bast Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and Fast Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conj unction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to commit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially future County planning efforts. It would be desirable for this application to promote this unique opportunity as all example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114.150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The permitted intensity of commercial development would have a greater impact than that which has been modeled and reviewed by the Frederick County Sanitation Authority and Frederick Winchester Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Impact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and 0 0 Rezoning #01 -05 —Russell 150, LC March 29, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the HRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriffs Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of commercial development would have a greater impact on community facilities than that which has been modeled. The applicant's Impact Models evaluation of the impact on Solid Waste Disposal facilities should be considered. The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the amount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. Initial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to future property owners of the residential uses regarding aircraft noise associated with airport operations. Rezoning #01 -05 — Russell 150, LC March 29, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional. and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation In recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: i) to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street/ Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right- of-way for said purpose (ultimate section is interpreted to be a 4 lane raised median divided roadway), iii) to developing the ultimate section of Airport Road extended within an undetermined right -of -way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, V) to provide inter - parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. i • Rezoning 401 -05 — Russell 150, LC March 29, 2005 Page 11 D) Monetary Contribution The applicant has proffered a monetary contribution in the amount of $3,000 per residential unit fox the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components ofthe Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the full by- right build out of the commercial component of this rezoning request and the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16, 2005 MEETING Regarding the staff's concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating their commitment to provide a disclosure statement on the subdivision plats concerning airport - related noise for future residential property owners. No commitment was made by the applicant for the continuation of East Tevis Street, from the western limits of the property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA funding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Commission members. A commissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four -year build -out. Therefore, the applicant was not willing to commit to a commercial start date. • • Rezoning #0l -05 — Russell 150, LC March 29. 2005 Page 12 Based on concerns about the large amount of impervious areas to be constructed with parking and the detrimental environmental impact that could result, commissioners asked the applicant to consider incorporating best management practices for the parking and non- porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner's consent, prior to the Board's consideration. Commission members inquired if any ofthe HRAB's recommendations regarding the farm complex were being considered. The applicant replied that all ofthe structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Coin unission members were interested in a commitment from the applicant to establish design standards f o r t he overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light ofthe special taxing involving the CDA and the wide variety of commercial- retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion of the project was within the airport's flight path and secondly, because ofthe additional school children that would impact already-overcrowded schools. Another commissioner suggested the possibility ofthe applicant conducting an environmental impact study in light of Buffalo Lick Run. The chairman asked the applicant to confirm the wording of the term, ultimate pavement section, for the Last Tevis Street and Warrior Drive extensions. The applicant responded that theyarelookingatfnurtravel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. The width of pavement sections for right -of -ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non - porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design of the parking and non - porous surface areas to improve drainage and storm water management. The vote was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S) Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour 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. 0 I rn 0 0 z 0 COUNT of FREDERICK Deparrmenf.of Planning and Developmeai, 5401665 -5651 FAX: 54 0/665-639S February 17, 2005 Mr. Evan Wyatt, AJCP Gmenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE; Russell 150 Rezoning Proposal Location; Proms on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Property Identification Number (PIN): 64 -A -12; Zoning District; RA ( Rural Areas) Dear Mr. Wyatt: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of February 15, 2005 - TheHRAB reviewed infmrnationassociated with the Frederick County Rural Lin dmarksS ttry yReport theVirgi niaDepartmentofHistoricResouroes as wrl t as information provided by the applicant Historic Resources Adrisory Board Concerns The Rural Landmarks SurvehL Resort for Frederick County identifies a collection ofstrucWres known as the "Russell Place" on the property. The Russell Place is identified by the survey as being potentially significant. I[ is the intent of the applicant to rezone this property to (he B2 (Business General) and RP (Residential Performance) Zoning Districts. The HRAB expressed great concern that the structures on the property mi* be removed as the applicant vas urr (i s trg to commit to soy prrseavation efforts info . rnration from the Virginia Department of Historic Resources (VDIHR) file states that this is a "turn of the century mid farm complex, remarkably intact in the midst of increasing area development,, that it is the last intact farm close to ` C also stated that th ro p is petty should be investigated for possibleregistespotential. The VDHR The HRAB suggests the following be considered to mitigate impacts on the Nstoricresources: 0 C-4 • First and foremost, the owner /developer must have serious sensitivity for the site and an understanding of the historic aspect of the property. ID7 North Kent Street, Sint, 202 • Winchester, Vlrgtndia 22601.5000 9 m • Ki Mr. Evan Wyatt, AICP Re. Russell 150 Rezoning Proposal February 17, 2005 Page 2 0 • The farm complex is an anomaly left in this area of the ocunty, it should be saved and z incorporated into the commercial developmend as a `reminder of whaa Frederick County had" or "cut our around this development and leave it residential. • The farm cotnpleat could be an integral part of the entrance of the development. The engine.,r/owner should use a creative design to make the buildings fit in with developmenr, utilize similar design eonoepisin the new- commercial areas tbatreffectwhat is present in the farm complex. • A Phase I study of the property to determine if the property is eligible (through the VDHR) for the stale registry needs to be done by the property owners, • if the site is to be demolished, the entire site mustbe thoroughly doetmtented (comprehensive study). A new survey using VDHR standards along with photographs needs to be completed. Please contact me with any questions concerning these eomrnerns from Ike HRAB. Sincerely, C • Z0 Candice B. Perkins Planner 1I CEP/bad m Rhoda Kriz, Harold Lehman, HRAB Members Gene Fisher, Shawnee District Supervisor Michael r. Ruddy, Deputy Director a m 0 a r-.: a� 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAY: 5401665-6395 January 11, 2005 Mr. Mark Smith Greenway Engineering 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Preliminary Comments — Russell 150 Rezoning Application. Dear Mark: Thank you for forwarding to this office the Russell 150 rezoning application materials for our review. Also, opportunity to discuss this project with you at your office last week was most helpful. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. As customary, it is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. 1) Preliminary Matters a) Item 7. of the Rezoning Application requires that a listing of all adjoining property owners is provided. In addition, The Code of Virginia, Section 15.2 - 2204.C. requires that adjoining property owners in adjacent jurisdictions of the Commonwealth are notified or the proposed zoning change. Please ensure that property owners in the City of Winchester who adjoin the Russell 150 property via the Interstate 81 right -of -way are included in the adjoining property listing. As this rezoning proposal directly adjoins the City of Winchester, please ensure that written notice is also provided to the City Manager and City Planning Director as soon as possible for their review. The Code also requires that the CEO of the adjacent locality is notified if the property is within 1/2 mile of the boundary of the adjoining locality. With this in mind, and considering the City /County CDA concept, it is important to give them an opportunity to provide their input early in the process. It is expected that their review comments will be part of any rezoning application that is officially submitted for this project. JAN 122005 By -L - 1 '' _ 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 2 b) Community Development Authority Consideration. The special taxing district concept briefly introduced with this application is potentially an imaginative approach to a unique multi jurisdictional transportation and economic development scenario. However, details associated with such a Community Development Authority are not provided in this application. Further, the Department of Planning and Development is not aware of any formal progress or discussion that has occurred to further such an authority. It is important for the applicant to forward this discussion and to address the position of the City of Winchester, in addition to that of Frederick County, on their level of involvement in such a Community Development Authority. The County and the applicant will have to determine if it is appropriate to move forward with the rezoning of this property as presented prior to the formalization of an agreement regarding the Community Development Authority and special taxing district. This is very important as the CDA appears to be designed as a critical component of the application and Proffer Statement that would ensure a significant portion of the infrastructure improvements are completed. The proffer statement commits the applicant to participate fully in the Winchester - Frederick County Community Development Authority special taxing district; an assumption that is presumably made for such time the CDA is authorized. However, if a Community Development Authority is not a concept that is ultimately desirable to the County and the City, the application would need to be significantly modified. A commitment from the localities involved may be timely. The form and timing of such a commitment would be at the discretion of the localities but should be facilitated by the applicant. It is staff's belief that this rezoning application as currently presented should not proceed until more significant progress has been made towards the establishment of such a Community Development Authority. With the endorsement of the Community Development Authority and the clarification of the benefits. commitments, and details already worked out, a rezoning application for this property would be much more straightforward. Presently, many questions remain regarding the CDA. It would appear as though the burden of developing, administering, promoting, justifying, and the ultimate fiscal responsibility of such an authority would be entirely with Frederick County and the City of Winchester. If an authority is deemed to be desirable to the localities, it should ensure that a full transportation solution in the vicinity of this project is achieved. c) Mixed Use Concept. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use 0 0 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 3 designation. As noted in the Comprehensive Plan, mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. From a land use planning perspective, the location and scale of this project may present a unique opportunity to implement a truly mixed use project into Frederick County. The property is located on the east side of Interstate 81 with a considerable amount of prominent visibility and a strategic economic location that provides this opportunity. In many other communities there are successful examples of projects of a similar size and land use mix that have created commercial and mixed use environments that stand above the typical suburban residential and commercial developments and provide an urban and commercial focal point of the community. Such a creative approach or concept would be more preferable and acceptable than a rezoning that would simply enable more of the existing pattern of development to occur. A continuation of the suburban pattern of development that exists along Pleasant Valley Road or Millwood Pike would do little to enhance the character of the Urban Development Area of Frederick County. With the above said, the value of the economic tax base from this project as proposed is recognized. However, the County and the applicant may be interested in entertaining a concept similar to that described above that would enhance the economic value and employment opportunities of this project and provide an opportunity to create a venture that is an exemplary example of a mixed use project and a focal point for Frederick County's UDA. The connection between the City of Winchester and Frederick County could also be enhanced with this project. The mixed use concept envisioned for the southern portion of the property should be recognized in the rezoning application. This concept could potentially be enhanced with an integrated approach for the property in its entirety. Indeed, other adjacent properties could be incorporated into the concept. The Route 50 East Corridor Land Use Plan provides guidance for the commercial development of this property. However, it may be appropriate to consider improvements to this plan in an effort to incorporate new commercial land use concepts and to enhance the quality and economic strength of specific development projects. 0 0 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 4 2) Impact Analysis and Proffer Statement a) The area designated for residential use situated south of the Buffalo Lick Run stream valley constitutes approximately thirty six percent of the total project area. based upon the figures provided in the application, as opposed to the twenty five percent noted in the narrative. When correcting the narrative, it should also be recognized that the mixed use percentages should be considered in light of this property and adjacent properties south of the Buffalo Lick Run stream valley. Efforts should be made to provide the foundation for a mixed use environment in the area south of the stream valley. The commercial component north of the stream valley is designated as one hundred percent commercial. b) In the discussion of the suitability of the site, Access, the subject property is noted as havine 220 feet of frontage on Route 522. It would appear as though this number is incorrect. Please confirm and correct the number if necessary. Also, the residential land bay is noted as having a single connection to Front Royal Pike, and a single entrance on Warrior Drive. However, this is not shown on the GDP or noted in the proffers. It should be recognized that the Southern Frederick Land Use Plan identifies environmental constraints and depicts a road system that is generally designed to respect these constraints. Specifically, a connection is shown between Front Royal Pike and Warrior Drive a little further south of this project, yet central to this area of mixed use, and at a point designated with a future traffic signal. It would appear as though consideration was given to minimizing the number of access points onto Front Royal Pike and ensuring that any such access points are provided with a safe and controlled signal. c) Please note that all applicable County Ordinances, in particular Sections 165 -31 and the FP Floodplain District, provide additional guidance regarding the disturbance of environmental features and floodplains beyond the regulations of the identified State and Federal Agencies. d) The designation of the main body of Buffalo Lick Run and its associated floodplain as a public park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. Please provide additional information regarding the vision for this open space designation; in particular, regarding the public or private nature of this open space. The Parks and Recreation Department should provide a comment on the desirability of this concept. 0 0 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 5 e) The road system in the Southern Frederick Land Use Plan seeks to sustain the environmental features in this area by avoiding or minimizing crossings of riparian areas. The plan may suggest a modification to the road alignment in the area south of Buffalo Lick Run in order to minimize the impact on the riparian features. f) The preservation of the stream valley, slopes and wooded areas are addressed in the impact statement. These commitments should be incorporated into the Proffer Statement in order to guarantee the described concept. It should be noted that there is no such entity as the Winchester - Frederick County Park Authority. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. g) The Russell 150 project should ensure a regionalized stormwater management approach concept, as encouraged in the Southern Frederick Land Use Plan, to provide entrance protection to the Buffalo Lick Run area and its tributaries. It would be desirable to further memorialize this and other environmental commitments in the Proffer Statement. h) The adjoining property information should be updated to reflect the recently approved B2 property immediately to the south and the correct zoning designation of the property to the north. It should also more accurately reflect the actual use of the adjacent land. i) Transportation. i) Frederick County. The primary reason for the involvement of Frederick County and the City of Winchester in the CDA associated with this project would be to ensure that a coordinated comprehensive approach, designed to achieve needed long term regional transportation improvements of the City and County, is fully accomplished in conjunction with this project. Conspicuously absent from the transportation program is the assured completion of the direct connection from this project and the City to Route.522. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. Part of the rationale for the necessity of this east -west connection is to ensure that the long term transportation needs of the project, community, and the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17. It would be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. 0 0 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 6 The application notes that the roadways proffered through the GDP are in conformance with comprehensive planning documents. This is accurate on the subject property but is clearly limited to the subject property and does not extend off -site to fully mitigate the transportation impacts of this project or fully implement the connections identified in the various planning documents. The Traffic Impact Analysis (TIA) identifies a build -out lane geometry and level of service, and identifies roadway improvements designed to provide for an acceptable level of service. The roadway improvements that are identified should be guaranteed within the Proffer Statement. ii) City of Winchester. The commercial development occurring in the City of Winchester immediately to the west of Interstate 81 does not appear to have been included in the background condition information of the Traffic Impact Analysis (TIA). Also, the TIA appears to indicate an unacceptable level of service at the intersection of East Tevis Street and South Pleasant Valley Road without the implementation of suggested roadway improvements. It is important to ensure that the background traffic information is as accurate as possible. It is also noted that the TIA includes background trip generation information from projects in the County that have not been approved by Frederick County. A result of this may be that the background traffic count that is provided is overstated. This may result in an inflated level of service and therefore a resulting negligible differential between the background level of service and that with the project included. j) Phasing The timing or phasing of the transportation is not included with the rezoning application. It is important to address this issue to ensure that the road improvements and connections occur in concert with the development or in a manner appropriate for the City and County. With regards to the phasing of the bridge crossing of Interstate 81 and the extension of Tevis Street to Route 522, this connection should occur at the initiation of the project to ensure the benefits of the connection to the City and County are realized and the traffic patterns are established. Consideration should be given to the phasing of the different land uses. The introduction of the residential components would result in an immediate fiscal impact to the County. A phased approach to the inclusion of commercial along with the residential would be desirable. This would assist in the mitigation of the 0 i Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 7 impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. k) Historic Resources. The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warrants the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HR AB). At such time you feel that the application is in appropriate form, please forward it to the HRAB via this office for their review. The potential may exist to build upon the character of the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run. Please feel free to contact me at any time regarding the above comments or the application in general. As I have identified in this letter, further coordination of the review with the City of Winchester and the Frederick County Director of Parks and Recreation is required. Of primary importance at this time is the need to further the level of discussion and understanding of the proposed Community Development Authority Concept. I look forward to continuing our participation in the review of this application. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad LARRLNCE R. A.IIIROGI Cum m Ill" ca l th ; .AItome, GLEAN R. WILLIA:DISON \tismm Commomccalth's Aromcv \F.k LI LR F. Ill 1313ARD Ase atmu Cununmt "eahh s rttomcc NICOLE NI. SPICER As9stant Commumccalth's Ammo (� • tvsadt (co � OUN'Tl OF FRED VV ?RICK t� OFFICE OP THE COMMONWEALTH'S ATTORNEY 107 NORTH KENT STREET WINCHESTER, VIRGINIA 32601 (540) 665 -6383 FAX (530) 667 -3354 February 18, 2005 Mike Ruddy Deputy Director Frederick County Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Russell 150 Rezoning Dear Mike: CIIARLES W. STANSFIF:LD Administrator ERIC W. HEFLIN Investigator :MELISSA D. RICE Victim! /Witness Director 665 -6369 / 667 -3351 FAX I MAR I i The attached proffers appear to be proper in form and substance, although lacking in detail. Sincere] La Fence R. Ambrogi Frederick County Attorney 0 Rezoning Comments n u City ' nYn. 1 .! Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667 -1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Russell 150. LC c/o Greenway Engineering Attn: Andy Conlon, AICP Telephone: 540 -662 -4185 Location of Property: Fronting on the west side of Front Royal Pike (Route 522) opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Citv of Winchester's CnmmPntse UE FEB 2 3 2005 4 u City of Winchester's n Signature & Date: $ Notice to Cit of Winchest se Return This Form to the Appli ca UE FEB 2 3 2005 IF U A 4H WB Ad 91 xrvEA 63 ' W A 5 A \� GC A 3 i M21, 64C A A Q-1 r v ' C UB A 21 A 12 6d[ A 2 Bye 6CA 6 GLAI2$ FRED L JR RESIDUAL TRUST NDG, WINCHESTER REGIONAL 61 A BB B2 P Y. i OTC 64 A 4% 6C A 9 d 3 J EF01 MENTOIFLC 522 5 RP \. 61 A 123A �T'q n Fq� OA m `�L WB A 33A 5� RHO r P ^ \\ IH FB P 132 R�'� l `Q 64B 38 KOKORSKY,MANFREDG 66 A 36 Pt EFGINWSTMENTS,LLC 63 A 124 4 . A r . 6dB A 39 LOU A 10 a ' -WB A 29 W A 16 ' nn B1 Q � US A M A 83 " ,B 3 B2 B sA H / 81 A 82A C WINCHESTER REGIONAL 61 A 79 N O /Y Rp / 60 A 4. e °p P 4 J p "g 62 Y 5 g p . e .g ac 'Ai rport RE M 1 INVIC, LLC CA A d5 B2 14 A 45K q A( 64 A 451 U A 40K / AIRPORT BUSINESS PARK LLC AOAM9 FAMILY LTD :R 64 A 45 6f A 80M AIPPO11 H.UI SSPARK,LLC \ p`1 M1 pa e 64 A 401 'W O a fIS AIRPORT BUSINESS PARK, LIC ^ 64 A 40P a 1_R_CJ _ E Rezoning # 01 - 05 N .; Russell 150, LC (64 - A -10, 64 - A • 12) w�L ( 11 3 !a t F.e1 S WB Ad 91 64C A 2 $ GC A 3 i 64C A A Q-1 r RUSSELLi W, LC A 12 6d[ A 2 6CA 6 � S P Y. 64 A 4% 3 J EF01 MENTOIFLC 522 5 RP \. 61 A 123A Fq� OA WC A � 5� Al 61 A' 61C A 35 a KOKORSKY,MANFREDG 66 A 36 EFGINWSTMENTS,LLC 63 A 124 4 e \M1 _ O W A 16 " ,B 3 B2 B sA H / 81 A 82A C WINCHESTER REGIONAL 61 A 79 N O /Y Rp / 60 A 4. e °p P 4 J p "g 62 Y 5 g p . e .g ac 'Ai rport RE M 1 INVIC, LLC CA A d5 B2 14 A 45K q A( 64 A 451 U A 40K / AIRPORT BUSINESS PARK LLC AOAM9 FAMILY LTD :R 64 A 45 6f A 80M AIPPO11 H.UI SSPARK,LLC \ p`1 M1 pa e 64 A 401 'W O a fIS AIRPORT BUSINESS PARK, LIC ^ 64 A 40P a 1_R_CJ _ E Rezoning # 01 - 05 N .; Russell 150, LC (64 - A -10, 64 - A • 12) w�L ( 11 3 !a t F.e1 S 2 \Vl "! ��jj Cak'('gT fy { aJ w' -- `st -- i ith F U• rr )�'+'a, +'J "'"^ ;{ sL�t'p'�' ✓- /9 �-61 •q�� °yry cJtaR 4Sy! �"` '°'� A w�. 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G` - A t O �� �� Y Rezoning # 01 - 05 N � �• b Russell 150, LC (64 - A -10, 64 - A • 12) w L ) � REZONING APPLICATION FORM I ) F E 6 8 2005 D FREDERICK COUNTY, VIRGINIA be completed h} Planrnng Stnff w; -.VII: thrK COUNTY , � ' _ PLttAttd N(- & UEVELC °MENT 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: Russell 150, LC Telephone: (540) 662 -4164 Atum Denver E. Ouinnelly, Manager Address: 36 Ricketts Drive Winchester, VA 22601 2. Property Owner (if different than above) Name: same as above Telephone: (540) 662 -4164 Address: 36 Ricketts Drive Winchester, VA 22601 3. Contact person if other than above Name: Greenway Engineering Attention: Mark D. Smith, LS PE Telephone: (540) 662 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X ,0 • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Russell 150, LC 6. A) Current Use of the Property: Unimproved (150.28 acres) B) Proposed Use of the Property: Commercial, office and retail, Residential, Single- family attached 7. Adjoining Property: Please see attached for detailed list PARCEL ID NUMBER USE ZONING 64- ((A)) -I OA Residential RP 64- ((A))- I I Residential RP 64- ((A)) -14 Residential RP 64B- ((4)) -8 Residential RP 64B- ((4)) -9A Residential RP 64B- ((4))- I OA Residential RP 64B- ((A)) -25J Residential RP 64B- ((4)) -26 Residential RP 64B- ((4)) -27 Residential RP 64B- ((4)) -28 Residential RP 64B- ((A)) -29 Residential RP 64B- ((4)) -30 Residential RP 64B- ((4)) -31 Residential RP 64B- ((4)) -32 Residential RP 64B- ((4)) -33 Residential RP 64B- ((4)) -34 Residential RP 64B- ((4)) -35 Residential RP 64B- ((4)) -36 Residential RP 64B- ((4)) -37 Residential RP 64B- ((4)) -38 Residential RP 64B- ((4)) -39 Residential RP 64B- ((4)) -E Residential RP 64B- ((4)) -F Residential RP 64B- ((4)) -G Residential RP 64B- ((4)) -H Residential RP 64B- ((A)) -89 Residential RP 64B- ((A)) -92 Residential RP 0 0 64B- ((A)) -4 -91 Residential RP 64C- ((A))- I Residential RP 64C- ((A)) -2 Residential RP 64C- ((A)) -3 Residential RP 64C- ((A)) -4 Residential RP 64C- ((A)) -7 Residential RP 64C- ((A)) -8 Residential RP 64C- ((A)) -9 Residential RP 64C- ((A))- I I Residential RP 64C- ((A)) -13 Residential RP 64C- ((A)) -15 Residential RP 292 -02 -2 Commercial CM -1 312 -03 -32 Residential MR 312 -03 -33 Residential MR 312 -03 -34 Residential MR 312 -03 -46 Residential MR 312 -03 -47 Residential MR 332 -07 -22 Residential M R 332 -07 -23 Utility M R 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 Front Royal Pike (Route 522), opposite Airport Road (Route 6 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 64- ((A)) -10 & 64- ((A)) -12 E Districts E Magisterial: Shawnee High School: Millbrook High School Fire Service: Millwood Station Middle School: James Wood Middle School Rescue Service: Millwood Station Elementary School: Armel Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 96.28 RA B2 54.0 RA RP 150.28 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 294 Non - Residential Lots: 0 Mobile Home: 0 Square Footage of Proposed Uses Multi- Family: 0 Hotel Rooms: 0 Office: 264,000 Service Station: 0 Retail: 440,450 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Other: 0 12. Signature: 0 0 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: Owner(s): Russell l 0 C B : enver E'Quinnel nager ate Russell 4L4 ti C -7 Bs enver E. Q innell , i nager hate 0 Adjoining Property Owners F 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 Church of the Brethren 578 Front Royal Pike Winchester, VA 22602 Property # 64- ((A)) -l0A Name Arthur A. & Juanita S. Belt 201 Front Drive Winchester, VA 22602 Property # 64- ((A)) -11 Name Michael S. & Cheryl Shepard 179 George Drive Winchester, VA 22602 Property # 64- ((A)) -14 Name Maxine Godlove 635 Front Royal Pike Winchester, VA 22602 Property # 64B- ((4)) -8 Name Harry M. & Rose O: Stine 124 Longcroft Road Winchester, VA 22602 Property # 64B- ((4)) -9A Name Thomas Mudd 179 Front Drive Winchester, VA 22602 Property It 64B- ((4)) -25J Name Charles A. Courtney 161 Front Drive Winchester, VA 22602 Property # 64B- ((4)) -26, 27, 28, 29 Name Rosalie Glass Lewis 604 Tudor Drive Winchester, VA 22602 Property # 64B- ((4)) -30, 31 Name James A.& Carrie V. Ratcliff 155 Royal Avenue Winchester, VA 22602 Property # 64B- ((4)) -32, 33 0 L Name and Property Identification Number: Address Name Charles G. & Amy J. Klein 149 Royal Avenue Winchester, VA 22602 Property # 64B- ((4)) -34, 35 Name John B. Jr. & Marsha J. Kelly 137 Royal Avenue Winchester, VA 22602 Property 064B- ((4)) -36, 37 Name Michael N. & Connie R. Faurer 131 Royal Avenue Winchester, VA 22602 Property # 64B- ((4)) -38, 39 Name Kirby L. Hepner, Jr. 182 Front Drive Winchester, VA 22602 Property #64B- ((4)) -E Name Robert L. Sr. & Patricia A. Shank 185 Front Drive Winchester, VA 22602 Property # 64B- ((4)) -F, H Name Tara M. Crosen 189 Front Drive Winchester, VA 22602 Property # 64B- ((4)) -G Name Charles C. Sr. & Eleanor L. McFarland 116 Royal Avenue Winchester, VA 22602 Property # 64B- ((4)) -l0A Name Jimmie J. & Geneva B. Walker 667 Front Royal Pike Winchester, VA 22602 Property #64B-((A))-92 Name Philip T. & Judy Lynn Young 655 Front Royal Pike Winchester, VA 22602 Property #64B- ((A)) -4 -91 Name Scottie D. Dotson 651 Front Royal Pike Winchester, VA 22601 Property #64B- ((A)) -89 Name Milton E. & Martha M. Grim 673 Front Royal Pike Winchester, VA 22602 Property #64C- ((A)) -I Name Joseph & Lynnette L. Embree 687 Front Royal Pike Winchester, VA 22602 Property #64C- ((A)) -2, 3 Name E. Darlene S. & Charles M. Barnard P.O.Box 4585 Winchester, VA 22604 Property #64C- ((A)) -4 0 Name Elwood H. Whitacre, Sr. 721 Front Royal Pike Winchester, VA 22602 Property #64C- ((A)) -7 Name W. Lee & Anne B. Collins 749 Front Royal Pike Winchester, VA 22602 Property #64C- ((A)) -8 Name Winchester Outdoor 355 S. Potomac Street Hagerstown, MD 21740 Property #64C- ((A)) -9 Name William R. & Krista K. Lucas 831 Front Royal Pike Winchester, VA 22602 Property #64C- ((A)) -I I Name Montie W. Gibson, III 867 Front Royal Pike Winchester, VA 22602 Property #64C- ((A)) -13 Name Leonard James & Ingrid L. Greathouse 1207 Rowe Street New Tazewell, TN 37825 Property #64C- ((A)) -15 NAME GLAIZE DEVELOPMENT, INC. PO BOX 888 WINCHESTER, VA 22604 PROPERTY #292 -02 -2 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312 -03 -32 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #3 12-03-33 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312 -03 -34 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312 -03 -46 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312 -03 -47 Name Deborah P. Lake 448 Superior Avenue Winchester, VA 22601 Property #332 -07 -22 Name City of Winchester Suite 303 15 N Cameron Street Winchester, VA 22601 Property #332 -07 -23