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HomeMy WebLinkAbout09-05 ApplicationSeptember 15, 2005 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #09 -05, FREEDOM MANOR Dear Evan: Cei� ;r a,;�,� Alb 1 rliWiii Department o ann a` l. b I elopment 540/665 -5651 FAX: 540/665 -6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 14, 2005. The above referenced application was approved to rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District, with Proffers, for 70 single family detached homes. The subject property fronts on the east side of Paperm ill Road (Route 644), approximately 2,300 feet west northwest of the intersection of Paperm ill Road and Front Royal Pike (Route 522), and is identified with Property identification Number 64 -A -23, 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. Also enclosed is a copy of the Declaration of Restrictive Covenants that must be recorded within 30 days from September 14, 2005. 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, Michael T. Ruddy Deputy Planning Director MTR/bad t_ Steve DuBrueler, 158 Front Royal Pike, Winchester, VA 22602 Gene Fisher, Shawnee Magisterial District Supervisor Tune Wilmot, Shawnee Magisterial District Commissioner 'bert A. Morris, Shawnee Magisterial District Commissioner Anderson_ Real Estate 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REZONING APPLICATION #09 -05 FREEDOM MANOR Staff Report for the Board of Supervisors Prepared: September 7, 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 /hens 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: 07/06/05 Recommended Approval Board of Supervisors: 08/10/05 Tabled for 30 Days at Applicant's Request 09/14/05 Pending AppRovE PROPOSAL: To rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family detached homes. LOCATION: The property fronts on the east side of Papermill Road (Route 644), approximately 2.300 feet west northwest of the intersection of Papermill Road (Route 644) and Front Royal Pike (Route 522) MAGISTERIAL DISTRICT: Shawnee PROPERTY 1D NUMBER: 64 -A -23 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) Use: Residential /Vacant /Agricultural South: RA (Rural Areas) Use: Shenandoah Memorial Park East: RA (rural Areas) Use: Residential West: RA (Rural Areas) Use: Agricultural PROPOSED USE: 70 Single Family Detached Urban Residential Units Rezoning #09 -05 Freedom Manor September 7, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 644 and 522. These routes are the VDOT roadways which have been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Freedom Manor rezoning application dated May 19, 2005 and addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way 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 he covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Additional details of the proposed emergency access should accompany subdivision plans. Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4 or the Virginia Statewide Fire Prevention Code 2000 Edition. Plan approval recommended. Company 21, Millwood Station VFRD: No comment provided. Public Works Department: Under transportation and alternative access option B.4, indicate what circumstances would present the dedication of sufficient right -of -way for a left tum lane if the applicant is providing the land for the subject right -of -way. If the alternative access option referenced above is adopted, indicate if sufficient easements have been obtained to connect the proposed subdivision to Front Royal Pike. The evaluation of stormwater shall also include the impact of increased volumes on downstream channels and drainage structures. If it is intended to use the existing ponds as stormwater management facilities, it will be necessary to perform a thorough evaluation of the subsurface and as- built conditions of the existing structures. Also, the use of retention facilities will require a detailed evaluation. 'the comparison the projected yearly waste volume from the proposed development to the projected total capacity of the landfill does not adequately present a valid comparison of the impact on the solid waste program in Frederick County. The impact discussion is comparing a yearly disposal rate at build -out with a total capacity. It is estimated that the proposed development will have a yearly solid waste impact cost of $150 per dwelling and will represent an approximate one (1) percent increase in the solid waste generated in Frederick County per year. Frederick Winchester Service Authority: No comments. Sanitation Authority: No comment. Frederick- Winchester Health Department: No comment provided. Department of Parks Recreation: Based on the revised proffer statement dated May 28, 2004, staff recommends the developer be responsible for the construction of a 10' wide bicycle and pedestrian facility within the 20' non exclusive easement intended for that use. Also, construction of the bicycle Rezoning #09 -05 Freedom Manor September 7, 2005 Page 3 and pedestrian facility should meet this department's minimum standards and maintenance of said facility should become the responsibility of the development's home owners' association. No more than 50% of the required open space shall be within: lakes and ponds, wetlands or steep slopes. Staff has not received an open space summary for review. Frederick County Public Schools: Based on the information included in the application packet, it is anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. Winchester Regional Airport: We have reviewed the proposed rezoning request for Freedom Manor and it appears that the proposed rezoning request for residential will not impede operations at the Winchester Regional Airport. However, the proposed site does lie within airspace of the Winchester Regional Airport and residents in that area may experience noise from over flights of aircraft departing to and from the airport. Frederick County Attorney: Please see attached letter dated June 28, 2005 and signed by Robert T Mitchell, Jr. Historic Resources Advisory Board: Upon review of the Casey property rezoning, it appears that the proposal does not significantly impact historic properties. HRAB comment is not needed and this item will not be scheduled for review at the HRAB's next meeting. 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. In 2002, Rezoning Application RZ07 -02, Doris F. Casey, was submitted to the County for a request similar to the one currently presented as R209 -05. The rezoning proposal requested the development of seventy (70) single family detached residential lots on 30.31 acres with access being via Route 522. At that time the property had frontage on Route 522. Ultimately, the Board Rezoning #09 -05 Freedom Manor September 7, 2005 Page 4 of Supervisors denied Rezoning Application RZ07 -02 on December 17, 2002. On August 20, 2003 a Minor Rural Subdivision (Family Division) was approved creating the 26.87 acre parcel for which the rezoning is being requested. 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 Transportation 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 Freedom Manor property is located within the Southern Frederick Land Use Plan. The Southern Frederick Land Use Plan, a study within the County's 2000 Comprehensive Policy Plan, does not specifically identify a future land use for this site. It does provide guidance by stating that the development of future land uses throughout the study area should be sensitive to the existing uses and should demonstrate continuity with planned uses. Immediately to the south of this property is the Shenandoah Memorial Park. To the north, east, and northwest of this property area areas of existing residential land uses. Slightly farther to the north and south of the Freedom Manor property are areas designated for Mixed Use and Planned Unit developments which are newer land use designations that seek to promote land uses that are an alternative to the traditional land use patterns that have occurred in the past. These concepts are intended to promote land use patterns that allow for internal service, employment, and intermodal transportation opportunities with public open space linkages between various developments. Other elements of the Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are fully addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. The Frederick County Eastern Road Plan and the Southern Frederick Land Use Plan provide guidance regarding future arterial and collector road connections in the eastern portion of the Rezoning #09 -05 Freedom Manor September 7, 2005 Page 5 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). The subject site has road frontage on Route 644, Papermill Road, and has indirect access to Route 522, Front Royal Pike via a proposed state road connection that would traverse the adjacent parcel, 64- A -23A. Route 644 is classified as a major collector road and Route 522 is classified as a minor arterial according to the VDOT functional classifications. 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. lntermodal opportunities, including bicycle and pedestrian systems, are also encouraged as an objective of the Plan. 3) Site Suitability /Environment There are approximately .35 acres of wetlands present on the site. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. The initial rezoning request for this property provided for the preservation of this area within an extended area of open space beyond that which is provided by the road efficiency buffer. A similar approach would be desirable with this current request. No other environmental features exist on this property. 4) Potential Impacts Potential Impact Summary. In evaluating the Freedom Manor rezoning application it should be recognized that the applicant circulated this application for review in 2004. The initial submission considered the development of 120 single family detached residential units on 48 acres. Many of the review agency comments were provided based upon this initial submission. Subsequently, the applicant revised the application to its current form. The evaluation of the review agencies offered previously would appear to remain valid. Staff directed the applicant to obtain an additional review and comment on the latest version from VDOT and the County's Attorney to ensure that any modifications from the initial submission were evaluated and appropriate comments and approval were provided. County records indicate that the applicant is currently the owner of parcels 64 -A -19 and 64 -A- 20 to the north of the subject parcel. These parcels were part of the initial submission for 120 residential lots. However, the applicant did not include them as part of this application. The Rezoning #09 -05 Freedom Manor September 7. 2005 Page 6 A. Transportation County's Master Development Plan process requires that Master Plans include all contiguous land under single or common ownership. The consideration of the adjacent parcels within the context of this and future applications is encouraged. This would ensure a more comprehensive approach to development within this portion of the County that suits the characteristics of the land, is harmonious with adjoining property, and is in the best interests of the general public. Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 120 single family detached residential units would generate 1,200 vehicle trips per day. As previously mentioned, the number of units has been reduced to 70 units. The reduction in the number of units reduces the overall impact of the project to approximately 700 vehicle trips per day. I- Iowever, the values in the TIA have been maintained to ensure that the impacts of this project are entirely addressed. The conclusions of the TIA rennin valid for the application. The report was developed with primary access to the project to being via a primary access on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). The TIA concludes that the traffic impacts associated with the Freedom Manor application are acceptable and manageable. The intersection of Papermill Road and the project will operate at a level of service B or better upon the build out of this project. Further, the intersection of the project and Route 522 will operate at a level of service A or better with the build out of the project. Transportation Program. The Generalized Development Plan for Freedom Manor delineates the general public road systems that will serve the residential development. The applicant has designed the public road system to discourage cut through traffic between Front Royal Pike and Papermill Road. A traffic calming measure is proposed to further facilitate this approach. The construction of the public road connection to Route 522 would traverse an adjoining property, PIN 64- A -23A, owned by Robin Leigh Casey. An agreement between the applicant and the owner of that parcel provides the opportunity for a road connection to be provided across the Casey property. This is a private agreement between the two parties. Robin Leigh Casey is not a party to this rezoning application. However, the applicant has provided the County with a guarantee in the form of a proffer that ensures that this road connection would be secured and constructed prior to the issuance of the first building permit within the Freedom Manor Subdivision. It should be understood that this would be a public road connection built to State standards. The responsibility of ensuring this connection is secured prior to the approval of any development plans for the property lies with the Freedom Manor applicant. Rezoning #09 -05 Freedom Manor September 7, 2005 Page 7 The importance of this proffer and the connection to Route 522 should be recognized as both entrances to the project are needed to ensure that the existing portion of Papermill Road could be utilized with minimal improvements and without the need to obtain additional right-of-way from adjacent property owners. VDOT's approval of the project in its current form is based upon this premise. The Generalized Development Plan depicts that this connection to Route 522 will be located at the southernmost portion of the Robin Casey Leigh property, PIN 64- A -23A. This provides additional benefits as the adjacent properties to the south would be provided with State road frontage and an alternative means of ingress and egress to their uses. An alternative alignment of this road was evaluated directly in alignment with Vine Lane but was discounted by the applicant. Any other alignment may create a situation where parcel 64 -A -23A would ultimately be a nonconforming RA (Rural Area) lot in terms of lot size and dimensional requirements. The Frederick County Subdivision Ordinance states that wherever possible, the intersection of two streets on the opposite sides afa street shall he cross intersections. Further, any new street intersecting with an arterial street shall have a minimum centerline offset of 800 feet, from any other street intersecting that same arterial street. The endorsement of this Rezoning and Generalized Development Plan would provide the County's endorsement of a new street connection on Route 522 that is approximately 4001eet south *Aging Vine Lane. /t should be evaluated if this modification to the requirements of the Subdivision is appropriate. The road layout has also been designed to provide for a future connection to the adjoining property to the north. PIN 64 -A -19. Future development plans for the parcels to the north would be provided with interparcel connectivity to Freedom Manor. It should be pointed out that access to parcel to the north via Freedom Manor would not be immediately available. It would only be permitted upon the satisfaction of any transportation related improvements associated with the development of parcel 64 -A -19 through the appropriate development plan approval process. The applicant could further guarantee this scenario by providing that the temporary cul- de -sac and road would not initially connect to parcel 64 -A -19. Accommodations for the extension of the connection to the property line would then only occur if all transportation issues associated with the development of parcel 64 -A -19 are fully addressed to the satisfaction of VDOT and Frederick County. Placing a proffer restriction on the property that is under consideration for rezoning would achieve this aim. The applicant has attempted to address the concern that was previously raised regarding access from parcel 64 -A -19 to Westwood Drive. With the previous 2002 rezoning application, residents of Westwood Drive expressed a considerable amount of concern regarding any connection to Westwood Drive. This parcel is not part of this rezoning application. However, the applicant has provided a proffer that they, as owners of this adjacent parcel, will provide a deed restriction eliminating this road connection to Westwood Drive. The County's Attorney will be providing an opinion on the validity of this particular proffer. An alternative approach that was identified by staff was to include parcel 64 -A -19 as part of this rezoning application. This would enable them to place a proffer on the property, which would guarantee the Rezoning #09 -05 Freedom Manor September 7, 2005 Page 9 C. 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 Fiscal Impact Model output for this project indicates a net fiscal impact in the amount of $9,845 per residential unit. This residential impact is consistent with either a seventy unit project or the originally evaluated one hundred and twenty unit project. In recognition of the impacts that may be realized by the community the applicant has proffered a contribution in the amount of $9,845 per residential unit. The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The initial evaluation anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build -out. 70 residential units will yield a total of 49 new students upon build out; 28 elementary school students, 10 middle school students, and 12 high school students based upon the student generation factors utilized in the fiscal impact model. The school comment states that significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. RecenI planning efforts have identif ied that the 11 elementary. school anticipated to open in the fall of 2006 will open al its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 11 elementary school is in the immediate vicinity of Freedom Alanor. Aro additional elementary schools have been identified in the current Capital Improvements Plan jbr this general area of the UDA. D) Other The Freedom Manor application proposes and proffers a significant buffer adjacent to the Shenandoah Memorial Park property. The buffer would consist ofa fifly foot area outside ofthe residential lots within which evergreen landscaping would be provided, the bicycle and pedestrian facility would meander, and a six foot high fence would be provided. The fence would resemble a traditional iron fence style for cemetery enclosures. This element of the rezoning application would provide for an appropriate transition between the two uses. Rezoning #09 -05 Freedom Manor September 7, 2005 Page 8 elimination of the road connection, which would be legally binding and only removable with the approval of the County. The applicant did not pursue this approach. In recognition of off -site transportation improvements that are envisioned for Papermill Road in the vicinity of Freedom Manor, the applicant has proffered to make a monetary contribution in the amount of $7,500.00 per residential lot to facilitate these improvements. This contribution could be used for general improvements to Papermill Road which may include the realignment of the Papermill Road and Front Royal Pike intersection. The funds generated by this approach, up to $562,500.00, would be available to be used by Frederick County in conjunction with VDOT's revenue sharing program. The applicant has proffered to dedicate twenty (20) feet along the Papermill Road frontage of their property to further facilitate future improvements to Papermill Road. No additional right -of -way has been secured by this application to enable other off -site improvements to be constructed. The inability of the applicant to obtain right -of -way from adjacent property owners in the vicinity of Papermill Road has had an impact on the details and design of this rezoning application. Bicycle and pedestrian accommodations have been incorporated into the Freedom Manor project. The applicant has provided for the construction ofa 10' wide multi use trail along their Papermill Road frontage and along their entire southern property line to provide connectivity with adjacent properties and uses. It would be desirable to ensure that the multi use trail is extended to Route 522, potentially along the proposed offsite portion of the road providing access to this project. In this particular section, this could be achieved in a similar fashion to the recent construction of the Aylor Road multi use trail. The comments offered by Parks and Recreation pertaining to the trail have been satisfied by the applicant. B. Sewer and Water The Freedom Manor rezoning proposal is estimated to require approximately 19,250 gallons per day of water usage and approximately 15,750 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 initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Study Working Group, proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. Rezoning #09 -05 Freedom Manor September 7, 2005 Page 10 5) Proffer Statement Dated May 18, 2004 (Revised multiple times through June 16, 2005). A) General Development Plan. The Applicant has proffered a Generalized Development Plan that depicts the general layout of the site. The purpose of providing such a generalized development plan is to provide the locality with assurances that the project will develop as portrayed, in substantial conformance with the Architectural Site Plan. The delineation of road systems serving the proposed development is a key component of the Generalized Development Plan. B) Transportation. The applicant has proffered the layout of the road systems serving the development, the locations of two connections to existing public streets, the commitment that all transportation improvements will be implemented prior to the issuance of the first building permit within the Freedom Manner project, dedication of a 20' wide strip of land along the Papermill Road frontage of their property, and an off-site road contribution of $7,500.00 per residential lot that may generate up to $562,500.00 for off -site improvements. Also proffered is the construction of a 10' wide multi use trail, constructed to the standards of the Parks and Recreation Department, along the Parkins Mill frontage of the property and the southern property line adjacent to the Shenandoah Memorial Park. C) Buffer Mitigation A 50' landscaped buffer containing a six foot high iron style fence has been proffered adjacent to the entire southern property line common with the Shenandoah Memorial Park. D) Monetary Contribution. A monetary contribution in the amount of $9,845.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. STAFF CONCLUSIONS FOR 07 /06/05 PLANNING COMMISSION MEETING: The Freedom Manor rezoning application is generally consistent with the goals ofthe 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. The Planning Commission should pay particular attention to: 1. The capacities and capabilities of community facilities needed to serve the planned and proposed land uses. 2. The location and legal ability to establish a public street connection to Route 522. 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. Rezoning #09 -05 Freedom Manor September 7, 2005 Page 11 PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/05 MEETING: A resident of Westwood Drive spoke in opposition to the rezoning because of the amount of traffic another development would add to this area, which was already experiencing considerable traffic congestion. She commented on the additional traffic that would be generated by the new schools and the increasing number of traffic accidents occurring on Rt. 522. Ms. Robin Casey, the property owner at 1210 Front Royal Pike, said the contract agreement between her and Mr. DeBrueller stipulates that if the proposed right -of -way was to proceed through any existing structure, an agreement would be negotiated prior to its installation. Ms. Casey requested that the Commission delay the decision on this rezoning for 30 days, to allow time for Mr. DeBrueller and her to meet and come to an agreement. The applicant's representative agreed with Ms. Casey on her understanding of the agreement; however, he believed there was a significant window of time for the agreement to be worked out and he did not believe the rezoning would need to be delayed. He commented that the agreement is clear regarding costs and Ms. Casey was protected. Some of the Commissioners had reservations about the proposed location because it was across from the new school sites and along a bend on Papermill Road; they were concerned about further impacts to schools, to traffic, and to drainage; and they were concerned about the timing, in light of the UDA (Urban Development Area) Study currently taking place. Other Commissioners commented that this was a much improved plan over the one previously submitted; they liked the access on Papermill Road and were pleased to see the Westwood Drive access eliminated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers as submitted by the applicant. YES (TO APPROVE): Watt, Unger, Morris, Light, DeI- laven, Kriz, Triplett, Wilmot NO: Straub, Gochenour, Thomas (Note: Commissioners Manuel and Ours were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 08/10/05 MEETING: During the meeting the applicant offered an amended proffer which pertained to the creation of a start up fund for the homeowners association. The proffered $7,500.00 per lot contribution for off -site transportation improvements would be reduced to $7,000.00 per lot and the additional $500.00 per lot would be used to establish a start up fund for the homeowners association. Rezoning #09 -05 Freedom Manor September 7, 2005 Page 12 Two adjoining property owners spoke during the public hearing portion of the meeting. Both had concerns about traffic issues associated with the rezoning request on Route 522 and Papermill Road. The adjoining property owners also expressed concerns regarding drainage in the area. Members of the Board asked questions and expressed concerns regarding the Frederick- Winchester Service Authority and the Frederick County Sanitation Authority's review and comment on the application, the school capacity issues, and drainage in the area. The Board also addressed the Declaration of Restrictive Covenant that was provided by the applicant to implement proffer C.3., the intent of which was to prohibit a road connection to Westwood Drive. The Board expressed concern regarding the language contained within the covenant and the timing of the receipt of the covenant. The covenant was provided the afternoon of the Board meeting. Mr. Wyatt asked the Board for a 30 -day deferral to get the proffer modification revised, signed, and executed, and the Declaration of Restrictive Covenant in order. The Board unanimously agreed to postpone action on the rezoning application for up to 30 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE SEPTEMBER 14, 2005 BOARD OF SUPERVISORS MEETING: Staff has received a revised Proffer Statement that addresses the commitments made by the applicant during the August 10, 2005 meeting. Specifically, the monetary contribution to establish a homeowner's association fund and corresponding reduction in the off -site transportation contribution has been incorporated into the Proffer Statement. Regarding the Declaration of Restrictive Covenant proffered to prohibit a road connection to Westwood Drive, Route 822; staff received a revised Declaration of Restrictive Covenant on September 2, 2005. The outstanding concerns pertaining to access to Westwood Drive identified by the Board of Supervisors at their August 10, 2005 meeting do not appear to have been fully addressed. The applicant has modified the covenant to ensure that access could not be provided across parcel 64-A -I9 to Westwood Drive from the Freedom Manor property. However, a road connection to Westwood Drive would still be possible from parcel #64 -A -19 and indirectly from parcel #64 -A -20. Furthermore, the existing RP (Residential Performance) zoning classification of parcel #64 -A -19 and a portion of parcel 64 -A -20 would enable development to occur in a manner that may not require a road connection to Westwood Drive, only a commercial entrance. If it is the applicant's intent to prohibit a road connection or access to Westwood Drive which could be used for the purpose of facilitating the development of parcels #64 -A -19 and 20, a greater commitment in the Declaration of Restrictive Covenant should be provided. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. Y k 24 HALDEMAN 64 A 24 Map Features 0 A 8 a>o� ti �,e O F.,cel. u kew a N D a ae.h,ror,.0 Forestal Districts qtr—. Shams N Rouinop Walls Dauae chord, O auibugc Road Centerlines 0 Refuge Church Tanks N o south Frederick N •"■i Tnh 7 W e rodvr N o 0 0 trc 0 w< HINKUE 64D 3 fl en SHENANDOAH MEMORIAL PARK 64 3 A REZ 09 05 Freedom Manor (64 -A -23) 0 125 250 Feet 23 7 z` .co O C u ue WINGFIELD 2S 64D A 25 500 c MADIGAN 64D A 28 21 a 0 MADIGOI 640 A 27 D 0 CROSS 64D A 30 23A WILISCH 64 A 23A eo g wP.wmn A. COMM 0 Parcel. ltlnRbnds Dams Agricultural Owes Val watIns wr.- Steams N Fetching Walls cruel. church 0 Bachno. Road Centerlines O Refuge church N Tank. N O soot F,id ak N N' Map Features REZ #09 -05 Freedom Manor (64 -A -23) 125 250 500 0.2 0.2 0.4 Miles s s Map Features Ap plluton Bridges N takesaonas N Dams Dams agricultural& roreeoa Districts w— Steams A./ Retaining Wails Double Church Q said,nge Road Centerlines O Rewye ch Tanks At LJ South Frederick ^i Tnls E REZ #09 -05 Freedom Manor (64 -A -23) 0 125250 500 Feel Map Features Brid 9PoPnoaa0o N anew tasewoms f. mme w.84eams Retaining Walls Road Centerlines O Build Q Ta we 0 parcels Agricultural wa.sea elsmme Double Church 0 Refuge Chum' South Frederick LeurclaaarnitlJr JUL -20 -05 14:19 Tax Map ID: 64- ((A)) -19 Prepared by and Return to: FROM Sean A. Everhart, PLC 158 Front Royal Pike, Suite 305C Winchester, Virginia 22602 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of 2005, by and among Steve A. DUBRUELER Ray N. DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as `Declarants owners of the real property described in Exhibit A and Exhibit B. WITNESSETH: T -965 P.02/06 F -926 WHEREAS, Declarants are the fee simple owners of certain real property in Frederick County, Virginia, containing 2.2021 acres, more particularly described in Exhibit A (hereinafter referred to as the "Property and 26.8733 acres, more particularly described in Exhibit B; WHEREAS, Declarants desire and intend to restrict their access rights to the Property upon certain conditions; and WHEREAS, the Property is not subject to the lien of any Deed of Trust or any lienholder who would have to join in this Declaration. DECLARATION OF RESTRICIVE COVENANT NOW, THEREFORE, that for and in consideration of the premises and the sum of One Dollar (S1.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Declarants hereby make the following limitation and restriction on the Property and certify that said limitation and restriction shall constitute a covenant to run with the land and shall be binding on all parties claiming under them, and for the benefit of and limitation upon all future owners of said Property: 1. Declarants shall retain all legal and vehicular access rights via Route 822 (Westwood Drive) with respect to the Property unless and until a Frederick County approved roadway, with legal and vehicular iagress and egress, is granted and constructed between the Property (Tax Map Parcel 64-((A))-19) and the real property described in Exhibit 13 (Tax Map Parcel 64- ((A)) -23); upon approved and completed construction of said roadway, Declarants shall not exercise any rights to vehicular access to and from the Property via Route 822 (Westwood Drive). 2. This limitation and restriction shall run exclusively to the benefit of, and shall be enforceable exclusively by, Frederick County. 3. This limitation and restriction shall run with, and be appurtenant to, the land described in Exhibit A, and shall be binding on the Declarants, their heirs, personal representatives, successors, and assigns. JUL -20 -05 14:19 FROM WITNESS THE FOLLOWING SIGNATURES AND SEALS: T P.06/06 F 926 (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler, this day of 2005. JUL -20 -05 14:19 FROM- All of that certain tract or parcel of land, containing 2.69 acres, more or less, together with all improvements thereon and appurtenances thereunto belonging, lying and being situate about two miles south of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, and further shown as containing 2.2021 acres on a plat entitled "Zoning Exhibit Showing Existing Zoning District Boundary on the Land of Steve A. DuBrueler, Ray N. DuBrueler Madeline F. DuBrueler" by Richard E. Edens, L.S., dated January 13, 2003 and attached hereto as Exhibit C. AND BEING a portion of the property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Jean Swisher by Deed dated October 24, 2002 and recorded October 25, 2002 as Instrument Number 020018296 among the land records of Frederick County, Virginia. Tax Map Parcel: 64 ((A)) 19 Exhibit A T -985 P.04 /06 F -926 JUL -20 -05 14:19 FROM- Tax Map Parcel: 64- ((A)) -23 Exhibit B T -985 P.O5106 F-926 All of that certain tract or parcel of land, containing 26.8733 acres, situate in Shawnee Magisterial District, Frederick County, Virginia, as shown on the Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey, prepared by Mark; D. Smith, L.S., dated July 24, 2003, and attached to the Deed of Gift from Doris F. Casey to Robin Casey Wilisch dated and recorded December 30, 2003 as Instrument Number 030029416 (verify instrument number) among the land records of Frederick County, Virginia. AND BEING the same property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Doris F. Casey by Deed dated December 30, 2003 and recorded December 30, 2003 as Instrument Number 030029417 among the land records of Frederick County, Virginia JUL -20 -05 14:20 FROIM- 200 6ggickdI ;OBNawne• 3 Magisterial District, Frederick Counts, -NAB °Tn- ;.&RTH —ZONC PER CPS OBSERVATION Plan TM 63 -0)) -124 EFC INVESTMENTS, LLC DB. 955 PG. 724 (TRACT ELEVEN) TM 63 -((A)) -746 THOMAS W. BREEOLOVE MABEL L BREEDLOVE DB. 401 PC. 672 SCALE: 7 IRF IRF Founded in 1971 0 N 4 N G GRAPHIC SCALE (IN FEET) Engineers Surveyors 200 American Realty and Appraisers ACREAGE OF RP ZONED PORTh7N m 4.6065 ACRE; TM 64- ((A)) -18 MANFRED C. KOKORSKY Da. 468 PC. 350 ACREAGE OF R4 ZONED POR770N 1 138596 ACRES TM 64- ((A)) -20 16.4661 ACRES (totol) ZONE RA (S 02'57'56. W� 577.06'} ZONE R' IRF N 8737'49 E_ 71.3 01' POST 744 64-011-1.9 FOUND 2.2021 ACRES u N y N 1.6 e N 84 5 724' W 65 '05'37' W 26 0222' IRF 238,63' TM 64- ((A)) -23 DORIS M. CASEY WILL BOOK 91 PC. 596 ZONING EXHIBIT SHOWING EX /STING ZONING DISTRICT BOUNDARY ON THE LAND OF STEVE A. DuBRUELER, RAY N. OuBRUELER MADEL INE F. D SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 200' DATE: JANUARY 13 2003 GREENWAY ENGINEERING 151 WINDY EL L LMB WINCHESTER, VA. 22802 TELEPHONE: (540) 662 -4185 FAX: (540) 722 -0528 www.greenweyeng.cem 0 S 04'5746' E SHED ENCROACHES 0.20' L5 IPF LRF Liffirlir ORNE T 22 56' Rdµ• CONC. pp1T0 ,FOUND MON. FRONT ROYAL PIKE- RT 522 NOTE: SEE SHEET 2 FOR NOTES, LINE TABLE, LEGJJD KEY 70 ADJOINING PROPERTY OWNERS. O c W Q x 8 RICHARD A. EDENS No.002550 Sutt‘ 3370 SHT 1 of 2 T -985 P.00/06 F -926 7:;/ i i A;\ ROAD EFFICIENTCY BUFFER AND BICYCLE AND PEDESTRIAN FACILITY i LESS- ROADl- 1 1 PROFF ER TO� I ICTAG E S- TO WESTWOOD bR,V'•7- FUTURE WESTWOOD DRIVE_ J_— SHENANDOAH MEMORIAL PARK BUFFER AND BICYCLE AND PEDESTRIAN FACILITY TRAFFIC CHOKER Laurelwood _Shenandoah MHtr Drive/ OA TE .20.35 DESIGNED BY HNW/EAW SHEET or Zoning Amendment Number PC Hearing Date 7 c Qs' Address: 3. Contact person if other than above Location map Plat Deed to property Verification of taxes paid ate Received Date REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA C^- .uP.ir'. (;AUNTY To be completed by Planning- Staff C'b'\l "L' Cyr ;E T 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: Steve A. DuBrueler, et als Telephone: 540- 667 -7071 Address: 158 Front Royal Pike Winchester, VA 22602 2. Property Owner (if different than above) Name: Steve A. DuBrueler, et als Telephone: 540- 667 -7071 158 Front Royal Pike Winchester, VA 22602 Name: Greenway Engineering Evan A. Wyatt, AICP 151 Windy Hill Lane Winchester. VA 22602 4. Checklist: Check the following items that have been included with this application. Telephone: 540- 662 -4185 Agency Comments Fees Impact Analysis Statement Proffer Statement [E S J 1si h I 1 JUN 7 2005 1, I 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: Steve A. DuBrueler Ray N. DuBrueler Madeline F. DuBrueler 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: 63 ((A)) )46 64 ((2)) D 64 ((2)) D2 64 ((3)) A 64 ((3)) A1 64 ((A)) 19 64 ((A)) 23A 64 ((A)) 24 64D- an) (B) -A 64D ((2)) (A) -I 640 ((2)) (A) 2 64D ((2)) (A) 3 64D ((2)) (A) 4 64D ((2)) (A) 5 64D ((2)) (A) 6 64D ((4)) 1 64D ((4)) 2 64D ((4)) 3 64D ((4)) 4 64D ((A)) 27 64D ((A)) 28 64D ((A)) 30 Unimproved Residential single family residential single family residential single family residential commercial cemetery funeral home gricultural vacant commit structure single family residential single family residential single family residential single family residential single family residential single family residential single family residential single family residential single family residential single family residential single family residential single family residential single family residential single family residential single family residential RA RP RP RA B2 RP RA RA RP RP RP RP RP RP RP RP RP RP RP RP RP RP Name and Property Identification Number Address Name: Thomas W. Mabel L. Breedlove 63 -((A)) -146 3575 Papermill Road Winchester, VA 22602 Name: Dave Holiday Construction, Inc. 64- ((2)) -D P,O. Box 2715 Winchester, VA 22604 Name: Jose D. Hernandez 64 ((2)) D2 800 National Avenue Winchester, VA 22601 Name: Shenandoah Memorial Park, Inc 64 ((3)) A 155 Rittenhouse Circle Bristol, PA 19007 Name: JOCAPA 64 ((3)) Al 1600 Amherst Street Winchester, VA 22602 Name: Steve A. DuBrueler, et als 64 ((A)) 19 1686 S Pleasant Valley Road Winchester, VA 22601 Name: Robin Casey- Wilisch 64 ((A)) 23A 21 Peyton Street Winchester, VA 22601 Name: Paul M. Haldeman, Jr BB &T Trust 64 ((A)) 24 38 Rouss Avenue Winchester, VA 22601 Name: Robert 0. Mildred L. Detlefsen ((1)) (B) A 207 Westwood Drive Winchester, VA 22602 _64D Name: Robert M. Patsy 0. Largent 64D ((2)) (A —1 141 Westwood Drive Winchester, VA 22602 Name: Jeffrey B. Brenda S. Dodd 64D ((2)) 2 155 Westwood Drive Winchester, VA 22602 Name: Raymond N. E. Jean Mayhew 64D ((2)) (A) 3 366 Singhass Road Winchester, VA 22602 Name: Barbara L. Midkiff 64D ((2)) (A) —4 179 Westwood Drive Winchester, VA 22602 Name: Pau64D ((2)) (A) 5 I D. Willene C. Brooks 224 Quail Run Lane Winchester, VA 22602 Name: Johnny H. Anderson 6413 ((2)) (A) 6 197 Westwood Drive Winchester, VA 22602 Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name: Robert P. Dorothy E. Elliott 64D ((4)) 1 1215 Front Royal Pike Winchester, VA 22602 Name: Elwood H. Turessa K. Fox 64D- ((4)) -2 1231 Front Royal Pike Winchester, VA 22602 Name: Elwood H. Turessa K. Fox 64D ((4)) —3 1231 Front Royal Pike Winchester, VA 22602 Name: Elwood H. Turessa K. Fox 64D ((4)) 4 1231 Front Royal Pike Winchester, VA 22602 Name: Louise Craig Madigan, et als 64D ((A)) 27 1154 Front Royal Pike Winchester, VA 22602 Name: Louise Craig Madigan, et als 64D ((A)) 28 1154 Front Royal Pike Winchester, VA 22602 Name: Ann S. Cross 64D ((A)) 30 1170 Front Royal Pike Winchester, VA 22602 Parcel Current Zoning Zoning Requested Acres 64- ((A)) -23 RA RP 26.87 ALL Total acreage to be rezoned: 26.87 w 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 east side of Papermill Road (Route 644), approximately 2,300 feet west northwest of the intersection of Papermill Road and Front Royal Pike (Route 522). 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: TM 64- ((A)) -23 Office: 0 Retail: 0 Restaurant: 0 Districts 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. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 70 Townhome: 0 Multi- Family: 0 Non Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Service Station: 0 Manufacturing: 0 Warehouse: 0 12. Signature: 1 (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner/Applicant: _Steve A. DuBrueler Madeline F. DuBrueler to c /c Date Date Date Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That I (We) (Name) Steve A. DuBrueler, Ray N. DuBrueler, Madeline F. DuBrueler (Phone) (540) 667 -7071 (Address) 158 Front Royal Pike, Winchester, VA 22602 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030029417 on Page 0412 and is described as Parcel: 64 Lot: A Block: Section: Subdivision: 23 do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane, Winchester VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attomey -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we.).have hereto set my (our) hand and seal this day of Signature(s) State of Virginia, City /County of To -wit: braves 1, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction said this 2-0 day of 200,E My Commission Expires: Notary Public 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 otters interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 07/06/05 Recommended Approval Board of Supervisors: 08/10/05 Pending PROPOSAL: To rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family detached homes. LOCATION: The property fronts on the east side of Papermill Road (Route 644), approximately 2,300 feet west- northwest of the intersection of Papermill Road (Route 644) and Front Royal Pike (Route 522) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -23 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RA (rural Areas) West: RA (Rural Areas) REZONING APPLICATION #09 -05 FREEDOM MANOR Staff Report for the Board of Supervisors Prepared: July 21, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director Use: Residential /Vacant /Agricultural Use: Shenandoah Memorial Park Use: Residential Use: Agricultural PROPOSED USE: 70 Single family Detached Urban Residential Units Rezoning #09 -05 Freedom Manor July 21, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 644 and 522. These routes are the VDOT roadways which have been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Freedom Manor rezoning application dated May 19, 2005 and addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way 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: Additional details of the proposed emergency access should accompany subdivision plans. Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4 or the Virginia Statewide Fire Prevention Code 2000 Edition. Plan approval recommended. Company 21, Millwood Station VFRD: No comment provided. Public Works Department: Under transportation and alternative access option B.4, indicate what circumstances would present the dedication of sufficient right -of -way For a left turn lane ifthe applicant is providing the land for the subject right -of -way. If the alternative access option referenced above is adopted, indicate if sufficient easements have been obtained to connect the proposed subdivision to Front Royal Pike. The evaluation of stormwater shall also include the impact of increased volumes on downstream channels and drainage structures. If it is intended to use the existing ponds as stormwater management facilities, it will be necessary to perform a thorough evaluation of the subsurface and as- built conditions of the existing structures. Also, the use of retention facilities will require a detailed evaluation. The comparison the projected yearly waste volume from the proposed development to the projected total capacity ofthe landfill does not adequately present a valid comparison ofthe impact on the solid waste program in Frederick County. The impact discussion is comparing a yearly disposal rate at build -out with a total capacity. It is estimated that the proposed development will have a yearly solid waste impact cost of $150 per dwelling and will represent an approximate one (1) percent increase in the solid waste generated in Frederick County per year. Frederick Winchester Service Authority: No comments. Sanitation Authority: No comment. Frederick Winchester Health Department: No comment provided. Department of Parks Recreation: Based on the revised proffer statement dated May 28, 2004, staff recommends the developer be responsible for the construction of a 10' wide bicycle and pedestrian facility within the 20' non exclusive easement intended for that use. Also, construction of the bicycle Rezoning #09 -05 Freedom Manor July 21, 2005 Page 3 and pedestrian facility should meet this department's minimum standards and maintenance of said facility should become the responsibility of the development's home owners' association. No more than 50% of the required open space shall be within: lakes and ponds, wetlands or steep slopes. Staff has not received an open space summary for review. Frederick County Public Schools: Based on the information included in the application packet, it is anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. Winchester Regional Airport: We have reviewed the proposed rezoning request for Freedom Manor and it appears that the proposed rezoning request for residential will not impede operations at the Winchester Regional Airport. However, the proposed site does lie within airspace of the Winchester Regional Airport and residents in that area may experience noise from over flights of aircraft departing to and from the airport. Frederick County Attorney: Please see attached letter dated June 28, 2005 and signed by Robert T. Mitchell. Jr. Historic Resources Advisory Board: Upon review of the Casey property rezoning, it appears that the proposal does not significantly impact historic properties. HRAB comment is not needed and this item will not be scheduled for review at the HRAB's next meeting. Planning Zoning: 4) 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. In 2002, Rezoning Application RZ07 -02, Doris F. Casey, was submitted to the County for a request similar to the one currently presented as RZ09 -05. The rezoning proposal requested the development of seventy (70) single family detached residential lots on 30.31 acres with access being via Route 522. At that time the property had frontage on Route 522. Ultimately, the Board Rezoning #09 -05 Freedom Manor July 21, 2005 Page 4 of Supervisors denied Rezoning Application RZ07 -02 on December 17. 2002. On August 20, 2003 a Minor Rural Subdivision (Family Division) was approved creating the 26.87 acre parcel for which the rezoning is being requested. 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 J Land Use Transportation 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 Freedom Manor property is located within the Southern Frederick Land Use Plan. The Southern Frederick Land Use Plan, a study within the County's 2000 Comprehensive Policy Plan, does not specifically identify a future land use for this site. It does provide guidance by stating that the development of future land uses throughout the study area should be sensitive to the existing uses and should demonstrate continuity with planned uses. Immediately to the south of this property is the Shenandoah Memorial Park. To the north, east, and northwest of this property area areas of existing residential and uses. Slightly farther to the north and south of the Freedom Manor property are areas designated for Mixed Use and Planned Unit developments which are newer land use designations that seek to promote land uses that are an alternative to the traditional land use patterns that have occurred in the past. These concepts are intended to promote land use patterns that allow for internal service, employment, and intermodal transportation opportunities with public open space linkages between various developments. Other elements of the Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are fully addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. The Frederick County Eastern Road Plan and the Southern Frederick Land Use Plan provide guidance regarding future arterial and collector road connections in the eastern portion of the Rezoning #09 -05 Freedom Manor July 21, 2005 Page 5 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). The subject site has road frontage on Route 644, Papermill Road, and has indirect access to Route 522, Front Royal Pike via a proposed state road connection that would traverse the adjacent parcel, 64- A -23A. Route 644 is classified as a major collector road and Route 522 is classified as a minor arterial according to the VDOT functional classifications. 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. lntermodal opportunities, including bicycle and pedestrian systems, are also encouraged as an objective of the Plan. 3) Site Suitability /Environment There are approximately .35 acres of wetlands present on the site. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. The initial rezoning request for this property provided for the preservation of this area within an extended area of open space beyond that which is provided by the road efficiency buffer. A similar approach would be desirable with this current request. No other environmental features exist on this property. 4) Potential Impacts Potential Impact Summary. In evaluating the Freedom Manor rezoning application it should be recognized that the applicant circulated this application for review in 2004. The initial submission considered the development of 120 single family detached residential units on 48 acres. Many of the review agency comments were provided based upon this initial submission. Subsequently, the applicant revised the application to its current form. The evaluation of the review agencies offered previously would appear to remain valid. Staff directed the applicant to obtain an additional review and comment on the latest version from VDOT and the County's Attorney to ensure that any modifications from the initial submission were evaluated and appropriate comments and approval were provided. County records indicate that the applicant is currently the owner of parcels 64 -A -19 and 64 -A- 20 to the north of the subject parcel. These parcels were part of the initial submission for 120 residential lots. However, the applicant did not include them as part of this application. The Rezoning #09 -05 Freedom Manor July 21, 2005 Page 6 A. Transportation County's Master Development Plan process requires that Master Plans include all contiguous land under single or common ownership. "the consideration of the adjacent parcels within the context of this and future applications is encouraged. This would ensure a more comprehensive approach to development within this portion of the County that suits the characteristics of the land, is harmonious with adjoining property, and is in the best interests of the general public. Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 120 single family detached residential units would generate 1,200 vehicle trips per day. As previously mentioned, the number of units has been reduced to 70 units. The reduction in the number of units reduces the overall impact of the project to approximately 700 vehicle trips per day. However, the values in the TIA have been maintained to ensure that the impacts of this project are entirely addressed. The conclusions of the TIA remain valid for the application. The report was developed with primary access to the project to being via a primary access on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). The TIA concludes that the traffic impacts associated with the Freedom Manor application are acceptable and manageable. The intersection of Papermill Road and the project will operate at a level of service B or better upon the build out of this project. Further, the intersection of the project and Route 522 will operate at a level of service A or better with the build out of the project. Transportation Program. The Generalized Development Plan for Freedom Manor delineates the general public road systems that will serve the residential development. The applicant has designed the public road system to discourage cut through traffic between Front Royal Pike and Papermill Road. A traffic calming measure is proposed to further facilitate this approach. The construction of the public road connection to Route 522 would traverse an adjoining property, PIN 64- A -23A, owned by Robin Leigh Casey. An agreement between the applicant and the owner of that parcel provides the opportunity for a road connection to be provided across the Casey property. This is a private agreement between the two parties. Robin Leigh Casey is not a party to this rezoning application. However, the applicant has provided the County with a guarantee in the form of a proffer that ensures that this road connection would be secured and constructed prior to the issuance of the first building permit within the Freedom Manor Subdivision. It should be understood that this would be a public road connection built to State standards. The responsibility of ensuring this connection is secured prior to the approval of any development plans for the property lies with the Freedom Manor applicant. Rezoning #09 -05 Freedom Manor July 21, 2005 Page 7 The importance of this proffer and the connection to Route 522 should be recognized as both entrances to the project are needed to ensure that the existing portion of Papermill Road could be utilized with minimal improvements and without the need to obtain additional right-of-way from adjacent property owners. VDOT's approval of the project in its current form is based upon this premise. The Generalized Development Plan depicts that this connection to Route 522 will be located at the southernmost portion of the Robin Casey Leigh property, PIN 64- A -23A. This provides additional benefits as the adjacent properties to the south would be provided with State road frontage and an alternative means of ingress and egress to their uses. An alternative alignment of this road was evaluated directly in alignment with Vine Lane but was discounted by the applicant. Any other alignment may create a situation where parcel 64 -A -23A would ultimately be a nonconforming RA (Rural Area) lot in terms of lot size and dimensional requirements. The Frederick County Subdivision Ordinance stales that wherever possible, the intersection of two streets an the opposite sides afa street shall he cross intersections. Further, any new street intersectingii'ith an arterial street shall have a minimum centerline offset of800 from any other street intersecting that same arterial street. The endorsement of this Rezoning and Generalized Development Plan would provide the County's endorsement of a new street connection an Route 522 that is approximately 400 feet south ofexisting Vine Lane. It should be evaluated if this modification to the requirements of the Subdivision is appropriate. The road layout has also been designed to provide for a future connection to the adjoining property to the north. PIN 64 -A -19. Future development plans for the parcels to the north would be provided with interparcel connectivity to Freedom Manor. It should be pointed out that access to parcel to the north via Freedom Manor would not be immediately available. It would only be permitted upon the satisfaction of any transportation related improvements associated with the development of parcel 64 -A -19 through the appropriate development plan approval process. The applicant could further guarantee this scenario by providing that the temporary cul- de -sac and road would not initially connect to parcel 64 -A -19. Accommodations for the extension of the connection to the property line would then only occur if all transportation issues associated with the development of parcel 64 -A -19 are fully addressed to the satisfaction of VDOT and Frederick County. Placing a proffer restriction on the property that is under consideration for rezoning would achieve this aim. The applicant has attempted to address the concern that was previously raised regarding access from parcel 64 -A -19 to Westwood Drive. With the previous 2002 rezoning application, residents of Westwood Drive expressed a considerable amount of concern regarding any connection to Westwood Drive. This parcel is not part of this rezoning application. However, the applicant has provided a proffer that they, as owners of this adjacent parcel, will provide a deed restriction eliminating this road connection to Westwood Drive. The County's Attorney will be providing an opinion on the validity of this particular proffer. An alternative approach that was identified by staff was to include parcel 64 -A -19 as part of this rezoning application. This would enable them to place a proffer on the property, which would guarantee the Rezoning #09 -05 Freedom Manor July 21, 2005 Page 8 elimination of the road connection, which would be legally binding and only removable with the approval of the County. The applicant did not pursue this approach. In recognition of off -site transportation improvements that are envisioned for Papermill Road in the vicinity of Freedom Manor, the applicant has proffered to make a monetary contribution in the amount of $7,500.00 per residential lot to facilitate these improvements. This contribution could be used for general improvements to Papermill Road which may include the realignment of the Papermill Road and Front Royal Pike intersection. The funds generated by this approach, up to $562,500.00, would be available to be used by Frederick County in conjunction with VDOT's revenue sharing program. The applicant has proffered to dedicate twenty (20) feet along the Papermill Road frontage of their property to further facilitate future improvements to Papermill Road. No additional right -of -way has been secured by this application to enable other off -site improvements to be constructed. The inability of the applicant to obtain right -of -way from adjacent property owners in the vicinity of Papermill Road has had an impact on the details and design of this rezoning application. Bicycle and pedestrian accommodations have been incorporated into the Freedom Manor project. The applicant has provided for the construction of a 10' wide multi use trail along their Papermill Road frontage and along their entire southern property line to provide connectivity with adjacent properties and uses. It would be desirable to ensure that the multi use trail is extended to Route 522, potentially along the proposed offsite portion of the road providing access to this project. In this particular section, this could be achieved in a similar fashion to the recent construction of the Aylor Road multi use trail. The comments offered by Parks and Recreation pertaining to the trail have been satisfied by the applicant. B. Sewer and Water The Freedom Manor rezoning proposal is estimated to require approximately 19,250 gallons per day of water usage and approximately 15,750 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 initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Study Working Group, proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. Rezoning #09 -05 Freedom Manor July 21, 2005 Page 9 C. 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 Fiscal Impact Model output for this project indicates a net fiscal impact in the amount of $9,845 per residential unit. This residential impact is consistent with either a seventy unit project or the originally evaluated one hundred and twenty unit project. In recognition of the impacts that may be realized by the community the applicant has proffered a contribution in the amount of $9,845 per residential unit. The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The initial evaluation anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build -out. 70 residential units will yield a total of 49 new students upon build out; 28 elementary school students. 10 middle school students, and 12 high school students based upon the student generation factors utilized in the fiscal impact model. The school comment states that significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11' elementary school anticipated to open in the fall of2006 will open at its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy ofpreviously approved residential projects in the UDA. The 11 elementary school is in the immediate vicinity of Freedom Pvfanor. No additional elementary schools have been identified in the current Capital Improvements Plan fhr this general area of the UDA. D) Other The Freedom Manor application proposes and proffers a significant buffer adjacent to the Shenandoah Memorial Park property. The buffer would consist of a fifty foot area outside ofthe residential lots within which evergreen landscaping would be provided, the bicycle and pedestrian facility would meander, and a six foot high fence would be provided. The fence would resemble a traditional iron fence style for cemetery enclosures. This element of the rezoning application would provide for an appropriate transition between the two uses. Rezoning #09 -05 Freedom Manor July21, 2005 Page 10 5) Proffer Statement Dated May 18, 2004 (Revised multiple time• through June 16, 2005). A) General Development Plan. The Applicant has proffered a Generalized Development Plan that depicts the general layout of the site. The purpose of providing such a generalized development plan is to provide the locality with assurances that the project will develop as portrayed, in substantial conformance with the Architectural Site Plan. The delineation of road systems serving the proposed development is a key component of the Generalized Development Plan. B) Transportation. The applicant has proffered the layout of the road systems serving the development, the locations of two connections to existing public streets, the commitment that all transportation improvements will be implemented prior to the issuance ofthe first building permit within the Freedom Manner project, dedication of a 20' wide strip of land along the Papermill Road frontage of their property, and an off-site road contribution of $7,500.00 per residential lot that may generate up to $562,500.00 for off -site improvements. Also proffered is the construction of a 10' wide multi use trail, constructed to the standards ofthe Parks and Recreation Department, along the Parkins Mill frontage of the property and the southern property line adjacent to the Shenandoah Memorial Park. C) Buffer Mitigation A 50' landscaped buffer containing a six foot high iron style fence has been proffered adjacent to the entire southern property line common with the Shenandoah Memorial Park. D) Monetary Contribution. A monetary contribution in the amount of $9,845.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. STAFF CONCLUSIONS FOR 07/06/05 PLANNING COMMISSION MEETING: The Freedom Manor 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. The Planning Commission should pay particular attention to: 1. The capacities and capabilities of community facilities needed to serve the planned and proposed land uses. 2. "1'he location and legal ability to establish a public street connection to Route 522. 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. Rezoning #09 -05 Freedom Manor July 21, 2005 Page 11 PLANNING COMMISSION SUMMARY AND ACTION OF THE 07 /06/05 MEETING: A resident of Westwood Drive spoke in opposition to the rezoning because of the amount of traffic another development would add to this area, which was already experiencing considerable traffic congestion. She commented on the additional traffic that would be generated by the new schools and the increasing number of traffic accidents occurring on Rt. 522. Ms. Robin Casey, the property owner at 1210 Front Royal Pike, said the contract agreement between her and Mr. DeBrueller stipulates that if the proposed right -of -way was to proceed through any existing structure, an agreement would be negotiated prior to its installation. Ms. Casey requested that the Commission delay the decision on this rezoning for 30 days, to allow time for Mr. DeBrueller and her to meet and come to an agreement. The applicant's representative agreed with Ms. Casey on her understanding of the agreement; however, he believed there was a significant window of time for the agreement to he worked out and he did not believe the rezoning would need to be delayed. He commented that the agreement is clear regarding costs and Ms. Casey was protected. Some of the Commissioners had reservations about the proposed location because it was across from the new school sites and along a bend on Papermill Road; they were concerned about further impacts to schools, to traffic, and to drainage; and they were concerned about the timing, in light of Ole UDA (Urban Development Area) Study currently taking place. Other Commissioners commented that this was a much improved plan over the one previously submitted; they liked the access on Papermill Road and were pleased to see the Westwood Drive access eliminated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers as submitted by the applicant. YES (TO APPROVE): Watt, Unger, Morris, Light, Del laven, Kriz, Triplett, Wilmot NO: Straub, Gochenour. Thomas (Note: Commissioners Manuel and Ours were absent from the meeting.)