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HomeMy WebLinkAbout12-05 ApplicationNovember 15, 2006 Mr. David Frank Dewberry 611 W. Juba] Early Dr., Bldg. B, Ste. C Winchester, VA 22601 Dear David: C O Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 RE: APPROVAL OF REZONING #12 -05, VILLAGES AT ARTRIP, AND MASTER DEVELOPMENT PLAN #09 -05 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of November 8, 2006. The above referenced rezoning application was approved to rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for the proposed mixed use development of 793 residential units and retail, restaurant, office and public uses, with proffers dated October 25, 2006. The property is located one mile west of Interstate 81, three quarters mile north of Tasker Road (Route 649), 150 feet north of Fair Lawn Court (Route 1 176) and west of Canter Estates Section V, Falabella Drive, and is identified with Property Identification Number 75 -A -99A in the Shawnee Magisterial District. The October 25, 2006 proffer statement that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Master Development Plan #09 -05, a proffered condition of the rezoning application, was also approved. This Master Development Plan identifies the layout, design, and details of the project. The rezoning application and Master Development Plan #09 -05 were approved with three modifications as enabled by the R4 zoning classification; Modification #1 (Section 165- 72.B.(2)) provided for modifications to the housing types permitted with this project. Appendix A of the Proffer Statement identifies the alternative dimensional requirement plan which is approved for this project. Modification #2 (Section 165 -71. Mixture of Housing Types Required) provided that more than 40 percent of the total residential land area may be used for multifamily housing products. Modification #3 (Section 165 -62.D) provided for an increase in the overall gross density of the project from 4 units per acre to 4.7 units per acre. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 David Frank Re: Rezoning and Master Development Plan, Villages at Artrip November 15, 2006 Page 2 Enclosed is a copy of the adopted proffer statement for your records. Also enclosed is the final Master Development Plan for the Villages at Artrip (MDP #09 -05). Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application or the approval of Master Development Plan #09 -05. We look forward to working with you and the Villages at Artrip team as the project moves forward. Sincerely, Michael T. Ruddy, AICP Deputy Director MTR'bad Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Jim Doran, Parks and Recreation Al Orndoff Frederick County Public Schools John H. Foote, Walsh, Colucci, Lubeley, Emrich Walsh, PC, 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 Winchester -Artrip Limited Partnership, 11501 Huff Ct., North Bethesda Court, MD 20895 REZONING APPLICATION #12 -05 AND MASTER DEVELOPMENT PLAN #09 -05 VILLAGES AT ARTRIP Staff Report for the Board of Supervisors Prepared: October 24, 2005 (Revised October 30, 2006) 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 then in making a decision on this application. It may also be useful to others interested in this zoning natter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/03/05 Tabled 60 days w /consent of Applicant 10/05/05 Tabled 60 days w /consent of Applicant 12/07/05 Applicant requested delay to 12/21/05 12/21/05 Tabled 60 days w /consent of Applicant 02/15/06 Recommended Approved with Caveat Board of Supervisors: 10/11/06 Tabled 30 days w /consent of Applicant 11/08/06 Pending(* *See update on Page 28 PROPOSAL: To rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for the proposed mixed use development of 793 (Previously 905) Residential Units and Retail. Restaurant. Office and Public Uses. LOCATION: The property is located one mile west of Interstate 81, three quarters mile north of Tasker Road (Route 649),150 feet north of Fair Lawn Court (Route 1176) and west of Canter Estates Section V. Falabella Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75 -A -99A PROPERTY ZONING USE: Zoned: (Rural Areas) District Use ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: B2 (Business General) RA (Rural Area) RP (Residential Performance) RP (Residential Performance) RP (Residential Performance) RA (Rural Area) Use Use: Use: Use: Unimproved Unimproved Agricultural Residential/FCSA Residential Residential /Vacant Residential PROPOSED USES: 793 Residential Units, Retail, Restaurants, Office and Public Uses (a maximum of 128,550 square feel and a ,ninimuna of 20,000 square feet of commercial use has been proffered). Rezoning #12 -05 Villages at Artrip October 30, 2006 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 719. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Villages at Artrip rezoning application dated May 20, 2005 addresses transportation concerns associated with this request. The developer will be required to enter into a signalization agreement with VDOT at the tirne the roadway is requested to be accepted into the State's Secondary System. The developer will be liable for the cost of the signal. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the 1.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. BOS Update: Please see attached correspondence dated September 29,2006 from Mr. Lloyd Ingram, VDOT. Fire Marshal: Where the desire of the developer to provide proffers is appreciated, the development of this project will have an overwhelming impact on fire and rescue services. Water supplies for firefighting and access shall be addressed during the Subdivision Plan Review. Plan approval recommended. Stephens City Volunteer lire Dept.: No comments offered. Public Works Department: Your letter dated June 13, 2005 has adequately addressed our previous review comments related to the rezoning application and master development plan associated with the proposed Villages at Artrip. Frederick County Dept. of Inspections: No comment required. Frederick Winchester Service Authority: No comments regarding information submitted. Application recognizes that expansion of Parkins Mills is necessary to accommodate project build -out. Sanitation Authority: No continent. Health Department: No objection or comment, so long as municipal sewer and water services are provided to entire project. Department of Parks Recreation: The area identified as a school site and open space for use by the Parks and Recreation Department does not appear to be adequate to accommodate both uses. The typical section on page three of five of the Master Development Plan indicates trails to be between five and ten feet in width. The Parks and Recreations Department recommends all trail to be a minimum of ten feet in width. The revised proffer statement has modified proffer 5.1 to reflect ten foot bike trails. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 3 The Proffer Statement should include language which indicates the bridge design (The proffer statement, Section 14.2.1.1) will accommodate bicycle lanes. The proposed monetary proffer for Parks and Recreation appears to be less than what the impact model would indicate is needed to offset the impact of this development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 135 single family homes. 180 town houses and 570 multi family units will yield 49 high school students. 47 middle school students and 131 elementary school students for a total of 227 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 the practical capacity for a school. 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 resubmitting of this rezoning application with its proffer statement provides approximately 11 acres to be dedicated for a future elementary school site (minimum acreage needed for an elementary site would be 15 acres). It is imperative with the above number of units included with this project that an elementary school be located in this area. With current building trends, future considerations need to be given to additional middle and high school facilities. Also because of the continued growth in Frederick County, the replacement of certain administrative facilities such as the transportation and administration, which currently have exceeded their capacity, will need to be replaced or expanded. This proffer helps to address the impact ofa future elementary school; however, the impact of this type of application on other current and future school needs should be considered during the approval process. Winchester Regional Airport: We have reviewed the above referenced rezoning application/master plan and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport as the majority of the subdivision falls outside of the Airport's Part 77 surface. No special requirements or conditions are requested on behalf of the Winchester Regional Airport Authority. Frederick County Attorney: See attached letter from Mr. Bob Mitchell, Jr., dated August 3, 2005. Historic Resources Advisory Board: Upon review of the property rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the 1 -IRAB. The Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefield located on or adjacent to the property. Geographic Information Systems: Warrior Drive and Lakeside Drive are continuations of existing roadways and names. Parkins Mill Road will not be accepted as a road name. It conflicts with roadways and names already in the system, and is not considered an extension of an existing roadway name. The potential for up to 21 road names has been noted. Any "Private Road" that is the primary entrance for four or more properties must be named before numbering /addressing can be completed. This MDP is presented as a suburban setting and not a rural setting. Therefore, future road names with such suffixes as Road, Lane, Loop, Trail, Bypass, Grade, Highway, Interstate, Overlook, Pike and Turnpike will not be accepted into the system. Acceptable road name suffixes for this development Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 4 include Alley. Avenue, Boulevard, Circle, Court, Drive, Place, Plaza, Square, Street, Terrace and Way. Town of Middletown: None. Town of Stephens City: Traffic concerns as always. City of Winchester: From a regional transportation standpoint, the inability to provide connectivity to Warrior Drive where the bridge is needed at the south end raises concerns in terms of traffic impacts. Planning Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R -2 (Residential Limited). The parcels were re- snapped from R- 2 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition 4011-80), 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) Intended Use The applicant proposes the development of a mixed use project; a residential planned community with an arrangement of residential villages containing a mixture of housing types focused around core area which incorporates a neighborhood commercial center. Also proposed is the dedication of areas for public use including an eleven acre site for an elementary school. The project is proposed to be developed in three phases. Through the proffer statement, the project would be limited to 905 residential units. The proposed gross residential density for the Villages at Artrip is 5.40 units per acre. The applicant has not committed to construct any more than 10,000 square feet of commercial uses. However, the ability has been provided to enable up to 118,550 square feet of commercial uses. The construction of Warrior Drive as a four lane section throughout the limits of this property to connect with Warrior Drive in the Wakeland Manor and Crosspointe developments is a key component of the project. BOS Update: The project would be limited to 793 residential units. The proposed gross residential density for the project is 4.7 units per acre. The Applicant has the ability to construct up to 128,500 feet of commercial uses. However, only 20,000 square feet has been committed to he constructed, corresponding with the second phase of the development. Also proposed is the dedication of an eighteen acre site for an elementary school and an additional five acres for public use adjacent to the property owned by the FCSA. 3) Master Development Plan Requirement In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article XVIII of the Zoning Ordinance shall be submitted with the rezoning application. In adopting the rezoning, the master development plan submitted will be accepted Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 5 as a condition proffered for the rezoning. The master development plan review procedures described in Article XVIII must also be completed concurrently with or following the consideration of the rezoning. The purpose of the master development plan requirement is to ensure that the intent of the residential planned community is met. The intention of the R4 District is too provided for a mixture of housing types and uses within a carefully planned setting. Special care should be taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection, and to avoid adverse impacts on surrounding properties and facilities. The R4 District is intended to create new neighborhoods with an appropriate balance between residential, employment, and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure the necessary facilities, roads, and improvements are available or provided to support the R4 development. Residential planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. 3) 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 -17 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 Villages at Artrip property is located within the Southern Frederick Land Use Plan and is identified with a Mixed Use designation north and east of Warrior Drive and a Residential designation south and east of Warrior Drive. As noted in the Comprehensive Plan, the 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 intennodal 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 Villages at Artrip rezoning application request is consistent with the land use designations identified in the Southern Frederick Land Use Ilan. 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 Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 6 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. Transportation. The Southern Frederick Land Use Plan and the Eastern Road Plan identify new road systems which have been planned to effectively manage traffic generated from the various uses, to link various land uses with arterial and collector road systems, and to provide for signalization opportunities at critical intersections as areas develop. The most significant transportation element in the Comprehensive Plan that relates to this application is Warrior Drive. Warrior Drive is identified as a major collector road with a four lane urban section that traverses the property in a south -east to north westerly direction. Also identified are Parkins Mill Road and an extension of Lakeside Drive into the project. Both are identified as collector roads with a two lane section. The new road systems within the Southern Frederick Land Use Plan are planned to mitigate impacts to the environmental features and historic areas. The plan encourages public access and the development of bicycle facilities and pedestrian walkway systems that serve residential, mixed use and planned unit development areas. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Pursuant to the general transportation policies of the Comprehensive Policy Plan, roads located adjacent to and within new development are expected to operate at no less than a Level of Service Category "C." (Comprehensive Policy Plan, p. 7 -5) 4) Site Suitability /Environment The Villages at Artrip property is located immediately south of the Opequon Creek. Areas of 100 Year Flood Plain, steep slopes, and mature woodlands associated with the Opequon Creek frame the northern boundary of the project as these features run along the entire length of the property. The majority of these environmental features will be protected in areas of open space. Disturbance of areas of mature woodlands will occur in the northwestern portion of the property. The limits of disturbance of the mature woodlands have been identified on the proffered master development plan. Further, the applicant has made efforts in the design of the MDP and within the proffer statement to minimize the disturbance of the mature woodlands and ensure the protection of these areas. Internal to the project the applicant has made further attempt to preserve areas of existing woodlands or specimen trees by ensuring their location in open space areas. This is evidenced with the location of a village green around the identified specimen Delaware Pine and the dedicated tree save area in Landbay F. A second signi (leant stream, an unnamed tributary to the Opequon Creek, traverses the southern portion of this property. Once again this feature and its associated flood plain, steep slopes, and nature woodlands have been located within areas of open space. A small amount of disturbance Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 7 of the environmental features associated with the unnamed tributary will occur due to the construction of Warrior Drive. The master development plan prepared for this project ensures and demonstrates that any disturbance of identified environmental features will be done in accordance with all applicable local, state, and federal requirements. The majority of the Villages at Artrip site are generally more suitable for development as it relatively level and open. Historically, the site was used for agricultural purposes. Located internal to the site are smaller areas of wetlands and waters of the U.S. which have been incorporated into the design of the master development plan. Of particular note is the farm pond located central to the project that the applicant has proffered to preserve as a focal point or visual amenity to the project. This village pond and its associated wetlands may be enhanced for stormwater management function however its environmental integrity and aesthetic quality will be maintained with its proffered preservation. 5) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 820 residential units, 60,000 square feet of office use, 150,000 square feet of retail use, and two 6,000 square foot restaurants would ultimately generate 15,623 vehicle trips per day. The actual proffered mix of land uses, identified in the introduction to this application, should be considered in comparison to this assumption when evaluating the TIA. The report was developed with primary access to the project being via the proposed Warrior Drive, a future roadway. The report was separated into three phases generally consistent with the proffered phasing of the development. Phase 1 assumes 297 residential units along with the completion of Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip; Phase 2 assumes 577 residential units and 10,000 square feet of retail along with the completion Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip; and Phase 3 assumes the build out of the entire Villages at Artrip development along with the completion of Warrior Drive from south of Tasker Road to north of Crosspointe Boulevard a future roadway within the planned Crosspointe development. The TIA concludes that the traffic impacts associated with the Villages at Artrip application are acceptable and manageable. The conclusion of the TIA further identifies suggested improvements that are assumed to be implemented to achieve an acceptable level of service at intersections throughout the study area network and to achieve an acceptable and manageable conclusion. It should be noted that many of the improvements identified relate to intersections beyond the boundaries of this project and that some of the identified improvements may be accomplished with other development projects. The Villages at Artrip project has not proffered to address any of the identified off-site improvements that are identified in Figure 21a of the TIA (Phase 3: 2012 build out lane Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 8 geometry and levels of service) which would accommodate this and other adjacent background projects and traffic. The assumption of the Villages at Artrip project is that these improvements will be put in place by others and that ultimate connection to the study area network will occur in a timely fashion. The transportation proffers provided by the Villages at Artrip project relate directly to on -site transportation improvements with one exception the connection of Warrior Drive to its currently planned terminus on the Wakeland Manor project. Stuff Continent: A scenario could be envisioned where the Phase 3 build out of the Villages at Aririp project wo uld occur, including the construction of the road network through the limits of the Villages at Artrip property, prior to any development in the adjacent portion of the Crosspointe development. This scenario would be problematic when considering the structure of the Villages TIA. as this key connection to an off-site transportation network is the main assumption of the third phase of the TIA. With no connection to Warrior Drive internal to the Crosspointe project. and subsequently the other transportation improvements that are part of the Crosspointe project, the assumptions of the third phase of the Villages TIA should be carefully considered. With the above scenario in mind, and with the sole access to the property being via Warrior Drive south to Tasker Road, it has not been demonstrated by the applicant that a Level of Service C will be achieved al the Warrior Drive /Tacker Road (south) intersection, and at other locations throughout the study, with the full build out of the Villages project as permitted by proffer. BOS Update: The applicant provided a supplement to the TIA to the Planning Commission which demonstrated that an acceptable level of service would be achieved at the above mentioned intersection with the suggested improvements identified in the TIA in place. Any effort to advance the ultimate construction of Warrior Drive from Tasker Road through to Crosspointe Boulevard as depicted in the TIA would be beneficial to the Villages at Artrip project. Transportation Approach. The Villages at Artrip application addresses the transportation improvements identified in the Comprehensive Plan and necessary to accommodate the Villages development by proffering to develop the ultimate four lane section of Warrior Drive within the limits of their property and beyond to connect with the currently planned terminus of the road on the Wakeland Manor property. The ultimate section of Warrior Drive is described in the impact statement and is identified in the MDP. Also proffered is the construction of Parkins Mill Road from its intersection with Warrior Drive to the limits of the property adjacent to the Canter Estates Section V property. Parkins Mill Road will be constructed by the applicant to a point that provides a connection to the existing road within Canter Estates Section V. The typical section of Parkins Mill Road is also depicted on the MDP. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 9 1 The applicant has proffered a three phased approach to the transportation improvements identified above that is consistent with the phasing provided for the proposed land uses within the project. In addition, the application has proposed an alternative three phased approach to the transportation improvements in the event that access to the project from the north and the Crosspointe development is advanced ahead of access to the south through the Wakeland Manor proj ect. BOS Update: The applicant's latest Proffer Statement dated September 8, 2006, maintains the three phased approach. However, the language addressing the construction of Phase III, from Point D to Point E has been modified to guarantee the bonding of the remainder of Warrior Drive from Point D to Point E rather than the completion by the Applicant. The construction by the Applicant of Warrior Drive throughout the project is a critical element of the rezoning application and should be secured. This modification was made following the Planning Commission's recommendation. The completion of Warrior Drive entails the construction of the previously noted bridge over the unnamed tributary of the Opequon Creek. This significant crossing will occur with the first phase of the transportation improvements for the project. This crossing should accommodate the trail that parallels the length of Warrior Drive as identified in the proffers and the MDP. One roundabout intersection at Parkins Mill Road and two signalized intersections are identified in the TIA as being provided with this project. Pedestrian accommodations have been proffered at those locations where signalization is referenced in the TIA. Staff Comment: The Proffer Statement alludes to the provision of signalization consistent with the TIA; however, the Proffer Statement does not specifically state that signalization will be provided at the locations identified in the TIA. Clarity should be provided by the applicant and in the Proffer Statement. This is particularly critical with the proffered location ofa school site at one of these intersections. The Proffer Statement provides for the connection of Warrior Drive lo the existing section of Warrior Drive in Wakeland Manor in Phase 1 of the road phasing program if Warrior Drive construction and phasing is initiated from the south. However, the road phasing program, if construction is initiated fr oni Crosspointe, provides no commitment to making the connection to the existing section of Warrior Drive in Wakeland Manor, only to Point A as identified on the MDP. This critical omission should be clarified by the applicant and in the Proffer Statement. Also, Proffer 14.7.3 should be revised to ensure that Warrior Drive is constructed to the existing section of Warrior Drive in Wakeland Manor prior to the issuance of the 681' residential building permit. All road construction triggers should refer to issuance of residential building permits, not occupancy permits. h is important to ensure that the Parkins Mill Road extension, and connection to Canter Estates Section V is in place in a timely fashion. It is stuff's belief that this connection should be in place in conjunction with Phase2 of this development if not sooner. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 10 BUS Update: The applicant addressed the above comments in the Proffer Statement that was presented to the Planning Commission. Bicycle and pedestrian access has been provided throughout the project. The locations and details for these accommodations are clearly identified on the MDP. Staff has previously requested that consideration be given to extending pedestrian access to the adjacent Lakewood Manor subdivision. This would be extremely desirable and enhance access between the developments and to and from the dedicated elementary school site. The applicants currently own Lot 121 in the Lakewood Manor Subdivision. Pedestrian access at this location, via an access easement into the Villages at Artrip sidewalk network, would be appropriate and should be reconsidered by the applicant. The applicant should also consider extending a sidewalk along the south side of Parkins Mill road to provide a connection between the apartments and the adjacent Canter Estates Section V development. B. Sewer and Water The Villages at Artrip rezoning proposal is estimated to require approximately 204,710 gallons per day of water usage and is expected to generate a similar amount of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Parkins Mill Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority offered no comment and the review of the Frederick Winchester Service Authority identifies that the application recognizes that the expansion of the Parkins Mill facility is necessary to accommodate the projects build out. 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 mater 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 proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Historic Resources While no significant historical resources were identified on the property pursuant to the Frederick County Rural Landmarks Survey and other identified sources, several sites of interest were identified by the applicant. In particular, a family cemetery was identified that contained three to five gravesites. The applicant has incorporated the gravesite area into the reserved open space to ensure that it remains undisturbed. 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 Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 11 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 negative fiscal impact at the build out of the project. It should be recognized that the applicant has only proffered the construction of 10,000 square feet of commercial use with the project. The ability remains to provide up to 118,550 square feet of commercial. However, the applicant has stated that this is dependent upon the ultimate completion of Warrior Drive from Crosspointe Boulevard to Tasker Road No time frame is offered for the completion of the road and, therefore, no credit is provided for this potential commercial use. The R4 District requires that sufficient commercial areas shall be provided to meet the needs of the planned community, to provide for an appropriate balance of uses, and to lessen the overall impact of the planned community on Frederick County. The applicant has been encouraged to increase their commitment to the introduction of a greater amount of commercial square footage at an earlier stage of the development phasing. A result of such a commitment would be to minimize the fiscal impact of the project to the County. 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. In recognition of the fiscal impacts associated with this application, the applicant has proffered a contribution in the amount of $337 per residential unit for the public school system. The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application: The evaluation anticipated that the proposed 155 single-family homes, 180 town houses and 570 multi family units will yield 49 high school students, 47 middle school students and 131 elementary school students for a total of 227 new students upon build -out. Further. that significant residential growth in Frederick County has resulted in the schools serving this area having student enrolhnents nearing or exceeding the practical capacity for a school. 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. BOS Update: At the time this rezoning application was submitted for review by the Planning Commission, the old Fiscal Impact Model was in effect The initial review was based upon this model. Subsequently, the County adopted the Development Impact Model (DIM) which projected a higher dollar value impact on community facilities. The Proffer Statement submitted for the Board of Supervisors approval seeks to address the dollar values identified in the DIM by providing for approximately 75 percent of the projected DIM valuefor schools. All other community facility impact dollar values are based on the old fiscal impact model. Rezoning 1412 -05 Villages at Artrip October 30, 2006 Page 12 Following the initial review of this application, the applicant resubmitted the rezoning application with a proffer statement that provides approximately 11 acres to be dedicated for a future elementary school site. The schools provided the following comment: The minimum acreage needed for an elementary site would be 15 acres. 11 is imperative with the above number of units included with this project that an elementary school he located in this area. With current building trends, future considerations need to be given lo additional middle and high school facilities. Also, because of the continued growth in Frederick County, the replacement ofcertain administrative facilities such as transportation and administration, which currently have exceeded their capacity, will need lo be replaced or expanded. This proffer helps to address the impact of a future elementary school; however, the impact ofthis type of application on other current and future school needs should be considered during the approval process. The proposed dedication of land to facilitate the location of an elementary school in a location central to the rapidly developing areas of the County appears to be desirable in conjunction with this project. The availability of land from the properties adjacent to the proposed 11 acre dedication would have to be pursued to ensure that sufficient area could be obtained to accommodate an elementary school site. Alternately, sufficient area could be provided by the applicant within their property. It would also appear as though other impacts recognized by the public school system could be addressed to a greater extent. The applicant has also proffered a further dedication of five acres of public land identified as Landbay F, adjacent to the 11 acres, and has proffered a financial contribution to offset the fiscal impacts to the various County entities consistent with the results of the Fiscal Impact Model. BOS Update: As endorsed by the Planning Commission, the application provides for the dedication of an eighteen acre site for an Elementary School in the northeast corner of the site. Frederick County Public Schools has evaluated the proposal and determined that the proffered school site will accommodate an Elementary School at 750 program capacity with the required outside physical education and play areas please see the letter from Frederick County Public Schools dated January 27, 2006). E. Permitted Uses and R4 Modifications. The Zoning Ordinance allows a variety of uses within the R4 District. In addition to this flexibility, the Ordinance provides for the preparation of an alternative dimensional requirement plan. The applicant may also request modifications to specific requirements of the Zoning and Subdivision Ordinances. The applicant should justify that the requested modification is necessary or justified and further advance the goals and intent of the R4 residential planned community and particular project. The applicant's justification for the Villages at Artrip is contained within the Executive Summary of the Impact Statement and generally revolves around the desire to develop a neo- traditional development within the context of the residential planned community district concept. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 13 Modification #1 (Section 165- 72.B.(2)) The Villages at Artrip application proposes modifications to the housing types permitted with this project. Appendix A proposes an alternative dimensional requirement plan which is incorporated into the Proffer Statement. This appendix provides additional development standards that shall apply to the Villages at Artrip project. Appendix A introduces several new housing types, including rear loading single family detached cluster housing types, single family attached stacked flats. and single family attached back to back units. This proffered Appendix constitutes an extension to the permitted uses within this district that are specifically applicable to this project. Modification #2 (Section 165 -71. Mixture of Housing Types Required) The applicant is requesting that more than 40 percent of the total residential land area may be used for multifamily housing products. The master development plan identifies the general layout of the permitted uses and provides a clear picture of how the proposed uses relate to each other. The approval of this modification would enable the master development plan be developed as presented. Modification #3 (Section 165 -62.D) The applicant is requesting an increase in the overall gross density of the project from 4 units per acre to 5.4 units per acre. The gross density of any development with an approved master development plan which contains more than 100 acres shall not exceed four dwellings per acre. This requirement is contained within the RP (Residential Performance) District. It is the applicant's belief that an increase in density is warranted in order to achieve the desired neo- traditional residential planned community and facilitate the proposed public improvements and proffered land dedication commitments. BOS Update: Based upon the reduction in the number of residential units made prior to the Planning Commission's recommendation, the Applicant's request is for an increase in the overall gross density of the project from 4 units per acre to 4.7 units per acre rather than the 5.4 units per acre noted above. 6) Proffer Statement Dated June 2005, revised through September 8, 2006 The \Tillages at Artrip Proffer Statement is substantial in size and content and includes an appendix containing an alternative dimensional requirement plan and an appendix containing a signage plan. However, probably the most significant element of the Proffer Statement is the master development plan that has been prepared for this project. This master development plan identifies the layout, design, and details of the project and seeks to create an innovative and unique neighborhood that is representative of the intent of the R4 Residential Planned Community District. The master development plan identifies a core area that is designed to establish the tone and character for the development. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 14 The master development plan has been reviewed for conformance with the master plan requirements of the Zoning Ordinance (see section 7). The provision of the master development plan provides additional security as to the development of the property. Future modifications to the master development plan would necessitate this project going through a new rezoning process and a thorough public evaluation. The following is a summary of some of the other key elements of the proffer statement. 1) A maximum of 793 residential units (previously 905). 2) A gross residential density of 4.7 units per acre (previously 5.4). 3) An allowance for a 10 percent reduction in the required number of parking spaces. 4) The phasing of the development as follows: Phase 1— 325 units, Phase 11 —275 units for a total of 600 units and 20,000 square feet of commercial, Phase 11I 193 units for a total of 793 units (previously Phase I 300 units, Phase II 380 units for a total of 680 units and 10,000 square feet of commercial. Phase I11— 225 units for a total of 905 units). 5) The construction of community facilities and improvements within the third phase of development. BOS Update: The latest modification to the proffer statement reneges on the commitment to provide the community facilities in the second phase by postponing the construction of the community facilities to the third and final phase of the development. 6) Architectural, signage and landscaping standards. In particular, adjacent to Warrior Drive. 7) A pedestrian and bicycle trail system. 8) Financial contributions to offset the fiscal impacts of the development on County resources BOS Update: No Proffer has been made to address the fiscal impacts associated with Public Safety. 9) The dedication of 18 acres of land as depicted on the MDP for use as a future elementary school site (previously 11 acres of land in a different location) and five acres adjacent to the FCSA property for public use. 10) The preservation of the Village Pond within the core area as a visual amenity. This should be guaranteed within the context of its present state and may be improved or enhanced for stormwater management purposes. 1 1) Transportation improvements previously discussed in greater detail in this report. 7) Master Development Plan Conformance Review This preliminary Master Development Plan for the Villages at Artrip is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance, with the exception of some issues that still remain. These issues are as follows: Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 15 Sidewalks are only shown on one side of some of the residential streets. In accordance with §144 -18 of the Frederick County Subdivision Ordinance, sidewalks are required along both sides of the roads. The plan needs to be revised to show all of the required sidewalks, or a notation needs to be provided to that effect. A note should be provided on the MDP that the sidewalks on the eastern side of the property will connect with the Canter Estates Section V Subdivision. A trail should be shown through the existing Lakewood Manor Subdivision, lot 121, to give them access through the Villages project to the proposed school site. Details for the road efficiency buffer and residential separation buffer have not been provided. A cross section of these buffers showing the required trees and opaque element needs to be provided on sheet 4 of the MDP. All of the issues identified by staff should be appropriately addressed prior to a recommendation to the Board of Supervisors on the Master Development Plan. Any accommodations or waivers endorsed by the Planning Commission that address the above issues should be incorporated into the MDP through this rezoning process. BOS Update: The issues identified above have been addressed and were incorporated into the Master Development Plan prior to the endorsement of the Planning Commission. STAFF CONCLUSIONS FOR THE 08/03/05 PLANNING COMMISSION MEETING: The Villages at Artrip rezoning, an application to rezone 169 acres from RA (Rural Areas) to R4 (Residential Planned Community), 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. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. In addition, the preliminary Master Development Plan for the Villages at Artrip, MDP# 09 -05 is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance, with the exception of some issues that still remain. The Planning Commission should ensure that the applicant fully addresses the outstanding issues on the master development plan. 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 AND ACTION OF THE 08/03/05 MEETING: Numerous issues, such as transportation, schools, and water, were discussed by the Commission. Commission members believed the completion of Warrior Drive out to Rt. 37/1-81 was critical for this project to be successful. They also expressed concern that the applicant would only commit to construct Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 16 10,000 square feet of commercial area until Warrior Drive's completion through the limits of the property. Questions were raised on the results of the applicant's supplemental traffic analysis which concluded that the Tasker Road /Warrior Drive intersection would continue to function at a LOS C, even if the Crosspointe development's section of Warrior was not built soon and the Villages of Artrip was at full build -out. Commissioners believed that future Artrip residents wanting to commute to work in Northern Virginia would have problems accessing 1 -66 and 1 -81. The possibility of forming a CDA (Community Development Authority) with surrounding developers was suggested to the applicant as a possible solution to ensure the timely completion of Warrior Drive. Regarding the transportation issues, the applicant responded that two- thirds of Warrior Drive would be completed in sections by the end of Phase 2. The applicant commented that their transportation needs could be met with only one lane of Warrior Drive in each direction; however, they have agreed to construct two lanes in both directions. I -le noted that because of the economics associated with fulfilling that request, a critical mass of housing needed to go along with the road improvements, resulting in the housing construction and the length of Warrior Drive going hand -in -hand. VDOT's representative, Mr. Lloyd Ingram, anticipated signalization at Warrior Drive and Tasker Road before the applicant begins Phase 3. Mr. Ingram said that analysis of the initial plans suggested the four -lane paved section could not be justified with the commercial anticipated; however, once the connection was made into Crosspointe, the vehicle trips increased by an additional 8,000. I -le said the applicant provided the entire four -lane section because multiple lanes are needed over 8,000 trips and the balance of the commercial could be justified with the additional trips from Crosspointe. Since the size of the designated 11 acre school site was determined to be less than optimal by the School Board, other options were discussed, such as use of some of the open space area or use of a portion of the Sanitation Authority's property to the south. Issues were discussed regarding the waste water capabilities of Frederick County, if the pending regulations regarding nutrient reduction by the Virginia's Bay Program were enacted; in addition, the upgrade to the Parkins Mill treatment plant was discussed. A member of the Commission suggested that the wording within the transportation proffer reflect that roads will be "designed and constructed" to VDOT standards. The applicant agreed to revise the wording, but noted that areas within the development will be served by both public and private streets. Questions were raised regarding the establishment and jurisdiction of homeowners' associations for the various neighborhoods and responsibilities for maintenance of the common areas and structures. Two adjoining property owners spoke in favor of the proposed development, but with some reservations. One had concerns about increased traffic through his quiet neighborhood in Lakewood Manor, if Warrior Drive was not constructed early on; he also had concerns about the costs associated with funding a new school and providing sewer and water. The other citizen commented about the considerable wildlife on this property and he requested that a beautiful, old evergreen tree be left undisturbed because of its age, possibly dating back to the Civil War. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 17 The applicants said they would be willing to work on the issues raised at the meeting. In order to provide the applicants the additional time to work on the issues, the Planning Commission unanimously agreed to table the rezoning and master plan for 60 days. STAFF UPDATE FOR 10 /05/05 PLANNING COMMISSION MEETING: The applicant provided the County with a revised rezoning application package on September 9, 2005. The revised materials contained an updated Executive Summary, a revised Proffer Statement, and a revised Master Development Plan. Staff met with the applicants regarding the revised package on September 19. 2005. The following is a summary of staff's review of the revised materials. Summary of outstanding items (09/19/05): Master Development Plan: Sidewalks are only shown on one side of some of the residential streets. In accordance with §144 -18 of the Frederick County Subdivision Ordinance, sidewalks are required along both sides of the roads. The plan needs to be revised to show all of the required sidewalks, or a notation needs to be provided to that effect. The applicant has requested a modification to this requirement through the proffer statement. This request for modification is also on the Master Development Plan. Staff is of the opinion that at a minimum, sidewalks should be provided along both sides of the collector streets. This would include Parkins Mill Road and Warrior Drive (with the exception of the eastern side of Warrior Drive south of the Elementary School access). A note should be provided on the MDP that the sidewalks on the eastern side of the property will connect with the Canter Estates Section V Subdivision. A sidewalk has not been added to the East side of Parkins Mill Road to Canter Estates Section V. A trail should be shown through the existing Lakewood Manor Subdivision, lot 121, to give them access through the Villages project to the proposed school site. This comment remains un- addressed by the applicant. Details for the road efficiency buffer and residential separation buffer have not been provided. A cross section of these buffers showing the required trees and opaque element needs to be provided on sheet 4 of the MDP. The applicant has addressed the buffer details. However, a buffer detail has been added to the area adjacent to Canter Estates Section V that would necessitate the removal of existing trees. As existing woodlands exist adjacent to Canter Estates, a 50' Woodland Strip, as allowed by ordinance, should be utilized for the residential separation buffer adjacent to Canter V. Rezoning Application: The applicant has added a section to the Proffer Statement, Section 3.1.3.1. which provides that the applicant shall not construct any of the residential units otherwise permitted in Phase 3 until such time as Warrior Drive has been constructed, so that access is available to the property from Interstate 81 and through Wakeland Manor. Additional clarity should be provided to Section 3.1.3.1 to specify that access would be provided from Interstate 81 through the Crosspointe Development and through Wakeland Manor to Tasker Road as identified in the TIA. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 18 The applicant has proffered that 20,000 square feet of commercial development would occur by the end of Phase 2 of the development. Previously, the applicant had committed to providing 10,000 square feet of the enabled 118,550 square feet of commercial within the first two phases. The comprehensive sign plan should be reinstated as an appendix to the Proffer Statement. Section 4.5 has been modified to remove this commitment. Section 7 of the Proffer Statement addresses schools. Three additional proffers have been added to this section. It may be more desirable to the County for the applicant to designate the area to be dedicated for a more general public use, as opposed to a specific public use. This would provide the County with a greater amount of flexibility in the utilization of the land. In addition, Section 7.4, which contains a sunset and reversionary clause, should be carefully evaluated. This may not be desirable and is not consistent with past county actions regarding acceptance of proffers for public use. Finally, the applicant has maintained a $337 contribution for schools. This amount does not fully address the capital facility needs of the school system as identified in the Fiscal Impact Model. With regards to Section 14, Transportation, Warrior Drive is identified as an Urban Section (Curb and Gutter) and should be referenced as such in the Proffer Statement and detailed as such on the MDP. Section 14.3.1.1. is an important section that should also be added to Section 14.4. which addresses the Alternative approach for the Phase 1 (Parkins Mill) construction of the road. Presently there is no mention of the Wakeland Manor connection beyond point A in this section. Staff has identified one minor modification to the Proffer Statement, the final sentence of Section 14.3.1.1., which, when considered in connection with the deletion of language within Section 14.10, is significantly problematic to the transportation program and overall rezoning application submission. The addition of "...and the said bridge shall be completed no later than the end Phase 1 is not acceptable. Previously, the applicant had committed to ensuring the road connection would be in place prior to the issuance of the first building permit in Phase 1 and had committed to making no connection of Parkins Mill Drive extended to Canter Estates Section V, for construction or other purposes until such time as Warrior Drive has been constructed to permit traffic access through Wakeland Manor to Tasker Road. The combination of the two modifications to the Proffer Statement would result in the development of the entire first phase, and potentially more, with sole access being provided via Canter Estates. As noted, this would be unacceptable. The above scenario is not one which was previously presented to or contemplated by the Planning Commission. Nor was the consideration of this transportation scenario extended to the general public during the public hearing and the adjacent property owners. It should be clearly noted that the TIA prepared by the applicant for this application in no way considers the use of the adjacent subdivision as the primary means of access. The inclusion of this modification to the Proffer Statement appears to invalidate the conclusions of the Traffic Impact Analysis which identifies Warrior Drive as the means of access for all phases of the development. The Planning Commission should evaluate the scope and impact of the modifications to the Villages at Artrip application and determine the appropriate recommendation. Based upon the modifications as submitted, at a minimum, consideration should be given to affording the general public the opportunity to further evaluate the rezoning application. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 19 STAFF CONCLUSIONS FOR 10/05/05 PLANNING COMMISSION MEETING: The Villages at Artrip rezoning application to rezone 169 acres from RA (Rural Areas) to R4 (Residential Planned Community) remains generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report and proposes creativity in the application of the County's R4 (Residential Planned Community) District. However, 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 applicants modified commitment to the construction of Warrior Drive, a key component of the Comprehensive Plan and the County's transportation planning efforts should be considered. The applicant has not demonstrated that the resulting impacts to the County's transportation network have been addressed. Further, the failure to ensure the timely completion of Warrior Drive, a major element of the County's road network, does not appear to justify the additional density modifications requested in the application, contrary to the intent stated in the applicant's executive summary. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. In addition, the preliminary Master Development Plan for the Villages at Artrip, MDP# 09 -05 is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance, with the exception of some issues that still remain and that have been identified in the updated staff report. The Planning Commission should ensure that the applicant fully addresses the outstanding issues on the master development plan. 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. The Planning Commission has already held the public hearing for this application. Following the public meeting, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. PLANNING COMMISSION SUMMARY ACTION OF THE 10/05/05 MEETING: The staff informed the Commission that after the most recent staff report was written, the applicant had provided another revised proffer statement. Staff noted that the revised proffer statement appears to be an improvement over what was submitted for the September 9. 2005 staff report; however, the Commission should carefully consider the timing of the receipt of the revised proffers and the content of the revisions. Numerous questions were raised by Commission members. They sought further clarification regarding the proposed school sites and whether the school board had provided comment on the proposed sites and layout. Concerns continued to be raised about the traffic impacts and specifically, the potential traffic that could be generated without the benefit of the Warrior Drive road connection completed. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 20 Commission members inquired if the plan could be revised to show the phasing for construction of the various housing types and which sections of the center core area would be constructed with each phase. Questions were raised about access into the project. Concern was raised for residents in Canter Estates who would be exposed to continuous traffic through their neighborhood by this project's new residents and tradesmen working at the site. In addition, there were questions about the modification request for reduced setbacks in the rear loading and some front loading areas; specifically, concerning parked vehicles blocking portions of the alley in the rear or blocking sidewalks in the front. The subject of development tracking along the Route 522 South and Route 50 East corridor was raised by a member of the Commission. A question was posed regarding the potential number of units, in projects currently underway and undeveloped, but rezoned and able to move forward, that were capable of impacting the Route 522 South corridor. The benefits of the Artrip project constructing a segment of the Warrior Drive connection was recognized; however, there was doubt that Warrior Drive alone would be capable of serving the potential 5 -6,000 future units from various pending developments that could impact the traffic network in this area. The Commission requested that staff seek additional comments from the Sanitation Authority, the school system. and Public Works when the final submittals are received from the applicant. In view of the lateness in which the Commission members received the latest revisions from the applicant, the Commission unanimously voted to table the rezoning for another 60 days to allow more time to study the revisions that were provided. The applicant's representatives, Mr. John Foote, attorney, Mr. Jim Brown, design engineer, and Mr. John Callow, traffic consultant, were available to answer questions from the Commission. (Note: Commissioner Watt was absent from the meeting.) STAFF UPDATE FOR 12/21/05 PLANNING COMMISSION MEETING: The applicant provided the County with a revised rezoning application package at a meeting that was held on November 28, 2005. The revised materials contained an updated Executive Summary, a revised Proffer Statement, and a revised Master Development Plan. The following is a summary of staff's review of the revised materials. The most significant modification to the application involves the relocation of the proffered school site to an area internal to Land Bay A and adjacent to the Core Area of the Villages at Artrip. Previously, the proposed school site was located southeast of Warrior Drive adjacent to the property owned by the Frederick County Sanitation Authority. The applicant has proffered a site of 15 acres. Previously, the site was 11 acres in size. The proposed school site is in a desirable location and is integral to the proposed community. It is noted that the proffered 15 acre school site does contain areas in the northern portion of the property, adjacent to the Opequon Creek, with topographical constraints. The applicant has been working with Frederick County Public Schools to ensure that the proposed school site is fully evaluated. The Schools Building and Grounds Committee, with the assistance of the Schools Architect, Oliver, Webb, Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 21 Pappas Rhudy, Inc. have reviewed the proposed site and have sited a 750 seat elementary school on the property. While no formal correspondence has been provided, discussions with Frederick County Public Schools indicate that the proposed school site meets the minimum standards established for a 750 student elementary school. However, constraints on the site would compromise the function of the facility, particularly the outdoor equipment areas and playfield areas. The Schools request that an additional 114'o to three acres be made available in order to provide a school site that, fully meets the needs ofthe school system and the community. As proffered. the proposed site would not accommodate an 850 student elementary school. The revised application includes a reduction in the number of residential units and overall density for the Villages at Artrip. A maximum of 793 units is proffered which is 112 less than the previous amount of 905. The net result of this modification is a reduction in the gross residential density from 5.4 units per acre to 4.6 units per acre. This reduction in residential units is related to the relocation of the proffered school site. Pursuant to the procedure for modifications to the R4 requirements, the applicant had previously requested a modification to Section 165 -62D to increase the overall gross density. This modification should reflect the proposed 4.6 units /acre density. The applicant has increased the amount of commercial square footage that may be developed within the core area by 10,000 square feet to 128,550 square feet. However, the commitment to construct only 20,000 square feet prior to build out of the project remains in place. The applicant has increased their commitment to provide more residential units within the Core Area of the project within the first phase by increasing the minimum amount that shall be built to 100 residential units of three permitted unit types. In an effort to simplify the mechanics of the application, the project is proposed to develop within two phases as opposed to three previously. Phase 1 shall not exceed 350 residential units and Phase II shall not exceed an additional 443 dwelling units for a total of 793 dwelling units. The simplified development phasing program provides the basis for the transportation program which has been modified to ensure the timely completion of Warrior Drive as a four -lane section and to provide critical access to the proffered school site. As demonstrated, the applicant has made some relatively substantial modifications to the rezoning application. It is for this reason that an additional Public Hearing is being held at the Planning Commission for this application. Staffs review of the revised application has identified other comments and points that are more minor and administrative in context. These can most likely be attributed to the many changes that have been made to the application. Staff will be working with the applicant to ensure that the minor comments are addressed by the applicant. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 22 STAFF CONCLUSIONS FOR THE 12/21/05 PLANNING COMMISSION MEETING: The Villages at Artrip rezoning, an application to rezone 169 acres from RA (Rural Areas) to R4 (Residential Planned Community), 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 Community Facilities Impact to the school system. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. In addition, the preliminary Master Development Plan for the Villages at Artrip, MDP# 09 -05 is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. 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. The Planning Commission has previously held the public hearing for this application. Following a second public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. PLANNING COMMISSION SUMMARY ACTION OF THE 12/21/05 MEETING: Commission members had questions regarding the long -term transportation plan; specifically, the timing for connecting the Phase I construction to Front Royal Pike (Route 522) and the timing for the connection of Warrior Drive to the west, towards Crosspointe. There was concern about the LOS on Tasker Road until these other two access points were made. It did not appear to some Commissioners that all of the language was in place to insure that Warrior Drive is fully connected down to Wakeland Manor, if the development starts from the north. In addition, Commission members were concerned about giving the school system a site that may be less than optimal for their needs. The applicant had described a 12 -acre flat area with, possibly, another one and -a -half acre of recoverable area, which could be graded for soccer or softball fields. Commission members suggested the possibility of the applicant swapping housing types adjacent to the school site and squeezing them slightly to the east, thereby affording another acre or so of land to the schools, while still maintaining the same density. In addition, they suggested that the school system use a two -story structure, which would provide an additional acre of useable land. If the developer could provide the additional acreage by relocating some ofthe units and the school system would build a two story structure, they concluded that the school system would have the acreage they needed. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 23 One individual carne forward to speak during the public comment portion of the meeting. Speaking for himself and a few of the local residents, he expressed concern about environmental issues, particularly the preservation of the hardwood tree areas; he said they provided a buffer as well as a wildlife corridor. He was concerned about the two streams that would be impacted and the affect on the Opequon watershed; he suggested the applicant be required to use low- impact stormwater development measures. He suggested the pond and wetland areas be maintained in their natural state and maintained by an outside agency, rather than a homeowners association. He also expressed concern about the impacts to County services, such as fire and rescue, sheriff, schools, and sewer and water. Some of the Commissioners viewed the offered school site as less than optimal and had issues with some elements of the project, particularly transportation. A motion was made and seconded for denial, but failed by a majority vote. Another motion was made to table the rezoning for 60 days to give the applicant the opportunity to work with the school system and to fine tune the transportation issues. This motion was seconded and passed by the following majority vote: YES (TABLE FOR 60 DAYS): Straub, Gochenour, Morris, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Watt, Unger, Light, Del-laven STAFF UPDATE FOR 02/15/06 PLANNING COMMISSION MEETING: The applicant provided the County with a revised rezoning application package on January 30, 2006. The updated materials contained a revised Proffer Statement and a revised Master Development Plan. The following is a summary of staffs review of the revised materials. The most significant modification to the application addresses the primary concerns expressed by the Planning Commission and involves the proffered school site internal to Land Bay A, adjacent to the Core Area of the Villages at Artrip. Previously, the applicant relocated the school site to this general location from a site located southeast of Warrior Drive, adjacent to the property owned by the Frederick County Sanitation Authority. However, concerns were expressed by the Planning Commission and representatives of Frederick County Public Schools regarding the size of the proffered site and the usable area of the site when considering the topographical constraints in the northern portion of the property, adjacent to the Opequon Creek. The applicant has revised the location of the proffered school site slightly to the east of the previous site, increased the acreage of the proffered school site to 18 acres from 15 acres, and relocated the single family attached units from the eastern corner of Landbay A to areas internal to the project. As a result of this change the Frederick County Schools has evaluated the proposal and determined that the proffered school site will accommodate an elementary school at 750 program capacity with the required outside physical education and play areas (please see the letter from Frederick County Public Schools dated January 27, 2006). While the modified Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 24 1 school site location does not address the Core Area and Main Street of the community as previously depicted by the applicant, the proposed school site is in a desirable location and remains integral to the proposed community. The applicant has revised the phasing associated with the development of the project by reinstituting a three phased approach. Phase 1 shall not exceed 325 residential units, Phase II shall not exceed an additional 275 residential units for a total of 600 units, and Phase III shall not exceed an additional 193 units for total of 793 units. The gross residential density of the project will be 4.6 units per acre. Previously, the two phased approach stated that Phase 1 shall not exceed 350 residential units and Phase II shall not exceed an additional 443 dwelling units for a total of 793 dwelling units The development phasing program continues to provide the basis for the transportation program which has been modified to be consistent with the revised phasing. The transportation program will ensure the timely completion of Warrior Drive as a four -lane section and will provide critical access to the proffered school site. STAFF CONCLUSIONS FOR THE 02/15/06 PLANNING COMMISSION MEETING: The Villages at Artrip rezoning, an application to rezone 169 acres from RA (Rural Areas) to R4 (Residential Planned Community), is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. The applicant continues to enhance the application to address the concerns identified during the rezoning process. 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 Community Facilities Impact to the school system. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. In addition, the preliminary Master Development Plan for the Villages at Artrip, MDP# 09 -05 is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. 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 02/15/06 MEETING: Only one citizen spoke at the Planning Commission's public hearing. He had walked the site with the developer and was appreciative of the environmental protections proposed by the developer for the woodlands, the ponds, and the wetlands areas. He was concerned, however, that the area designated for playing fields. behind the proposed school, would be difficult to grade because it was completely wooded and contained a number of ravines. His second concern was for the protection of the Opequon stream, located below the area designated for playing fields. Because of the amount of grading work that needed to be done in this area, and the location of Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 25 stormwater management ponds, he was concerned about the nutrient and sediment load that could conceivably be added to the Opequon. He said the Opequon is already considered to be a polluted stream and guidelines must be maintained to meet the Chesapeake Bay requirements. Although almost every Commissioner considered this a well- designed project, they were not unified on their opinion of whether the rezoning should be recommended for approval. The issue of the fiscal impact difference between the County's old Fiscal Impact Model, which this application was submitted under, and the new, revised model was raised by some Commissioners; they were concerned about how the monetary difference would be made up. A Commissioner asked the applicant for an estimate of the value of both on -site and off -site proposed improvements, including the donation of the school site and bridge construction. The applicant calculated that the total dollar amount of transportation improvements, the land donation, road and bridge improvements, and cash proffer significantly exceeded the per residential unit impact amount projected under the model that was in effect when their application was submitted. Some Commissioners did not view the construction of Warrior Drive through this project as a benefit to the County, because it stopped at Crosspointe, which made it a "road to no where." Some did not think the value of the school site quoted by the applicant could be justified. On the other hand, there were Commissioners who believed that Warrior Drive was vital to the whole area and recognized the portion through this property as a crucial link towards completing the road They also believed the school site was valuable because it was located within an area where the School Board said a school was needed, and it was a site the School Board said they could work with. Another issue raised concerned the language of the proffer dealing with the commercial area and phasing of the development. Commission members believed the language was somewhat vague and should be revised to include a guarantee by the developer to construct and complete the 20,000 square -foot commercial portion prior to the issuance of the 601 building permit. The applicant agreed to this revision. A motion for approval of the rezoning was made and seconded, but failed by a six -to -six tie vote. A new motion was made and seconded for denial of the rezoning; this motion was defeated by a seven -to- five majority vote. Another new motion was made and seconded to recommend approval of the rezoning and the master development plan with the caveat that by the issuance of the 300 building permit, the developer must submit a site plan and start initial planning for the 20,000 square -feet of commercial area that is to be completed and ready for use prior to the 600 residential permit issuance. This motion passed by the following majority vote: YES (APPROVE REZONING W/ CAVEAT): Manuel, Morris, Wilmot, Thomas, Ours, Kerr, Mohn NO: Unger, Watt, Oates, Kriz, Triplett (Please Note: Commissioner Light was absent from the meeting.) Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 26 STAFF UPDATE FOR 10/11/06 BOARD OF SUPERVISORS MEETING: BOS Summary of Rezoning and Proffer Statement. This rezoning application proposes to rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for the proposed mixed use development of 793 Residential Units and Retail, Restaurant, Office and Public Uses. The project is limited to 793 residential units. The proposed gross residential density for the project is 4.7 units per acre. The Applicant has the ability to construct up to 128,500 feet of commercial uses. However, only 20,000 square feet has been committed to be constructed, corresponding with the second phase of the development. The phasing of the development as follows: Phase 1— 325 units, Phase II 275 units for a total of 600 units and 20,000 square feet of commercial, Phase 11I 193 units for a total of 793 units. The application proffers a three phased approach to the transportation improvements identified above that is generally consistent with the phasing provided for the proposed land uses within the project. The Applicant is proffering to develop the ultimate four lane section of Warrior Drive within the limits of their property and beyond to connect with the currently planned terminus of the road on the Wakeland Manor property. Also proffered is the construction of Parkins Mill Road as a two lane section from its intersection with Warrior Drive to connect to the adjacent Canter Estates Section V property at Falabella Drive. The application proposes the dedication of an eighteen acre site for an elementary school and an additional five acres for public use adjacent to the property owned by the FCSA. Also proffered is a complete pedestrian and bicycle trail system and the preservation of the Village Pond within the core area as a visual amenity and the preservation of significant areas of sensitive environmental features as open space. Since the Planning Commission's recommendation of approval, the applicant has modified their proffer statement to address the dollar values identified in the DIM by providing for approximately 75 percent of the projected DIM value for schools. All other community facility impact dollar values are based on the old fiscal impact model. $14,437sfd/$9,985sfa/$3,297rnf for schools: $537 for fire and rescue; $847 for parks and recreation; $137 for library; $0 for public safety; and $144 for general government; Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 27 Also, since the Planning Commission's recommendation of approval the applicant has modified their proffer statement in several other ways that should be carefully considered by the Board of Supervisors. Outstanding Rezoning Items from Proffer Statement dated September 8, 2006 1) The applicant's latest Proffer Statement dated September 8, 2006, maintains the three phased approach. However, the language addressing the construction of Phase III, from Point D to Point E has been modified to guarantee the bonding of the remainder of Warrior Drive from Point D to Point E rather than the completion by the Applicant. The construction by the Applicant of Warrior Drive throughout the project is a critical element of the rezoning application and should be secured. (Satisfactorily addressed in final proffer statement dated October 25, 2006) 2) The latest modification to the proffer statement goes back on the commitment to provide the community facilities in the second phase by postponing the construction of the community facilities to the third and final phase of the development (after the 600 Building Permit is issued). This modification was made following the Planning Commission's recommendation. (Satisfactorily addressed in final proffer statement dated October 25, 2006) 3) Minor changes regarding the details of serving the proposed school site with access and utilities should be endorsed by the Frederick County Public Schools to ensure their satisfaction along with the County's. (Satisfactorily addressed in final proffer statement dated October 25, 2006) 4) The applicant has proposed controlling the access between this project and the adjacent Canter Estates V project. Interconnectivity may be desirable in this location. (Addressed to the satisfaction of the Board) 5) Proffers 14.16 and 16 raise concerns about their appropriateness from a legal perspective. Confirmation of this item will be provided by the County's Attorney. (Satisfactorily addressed in final proffer statement dated October 25, 2006) BOS Summary of Master Development Plan The Master Development Plan that has been prepared for this project identifies the layout, design, and details of the project and seeks to create an innovative and unique neighborhood that is representative of the intent of the R4 Residential Planned Community District. The master development plan further identifies a core area that is designed to establish the tone and character for the development. This preliminary Master Development Plan for the Villages at Artrip (MDP #09 -05) is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. No action on the MDP is required. In order to rezone the property to the R4 Residential Planned District, the preparation of a Master Development Plan which will be accepted as a condition proffered for the rezoning is required. As the Rezoning provides for the MDP as a proffered condition, the approval of the Rezoning by the Board would constitute the approval of the MDP. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 28 BOARD ACTION OF THE 10/11/06 MEETING: Upon a motion by Supervisor Fisher, seconded by Supervisor Lemieux, the Board postponed Rezoning #12 -05 and MDP #09 -05 until the November 8, 2006 meeting to allow the Applicant the time to appropriately address the requested modifications to the proffer statement which included the revision of proffer 14.7.1 to include the language in 14.3.3 regarding the blocking of the access to Canter Estates and the removal of proffer 16. Please see the draft minutes attached to this staff report which fully describe the discussion from the October 11 111 Board meeting. STAFF UPDATE FOR 11 /08/06 BOARD OF SUPERVISORS MEETING: At the October 11, 2006 meeting, the Board held a public hearing on this rezoning request, discussed the application in great detail, and ultimately tabled the rezoning request for 30 days to thoroughly review the most recent proffer statement and to enable the applicant to address concerns expressed by the Board regarding access to the adjacent subdivision. On October 27, 2006, Staff received a signed and notarized Proffer Statement from the Tower Companies. The proffer addresses the concerns expressed by the Board as follows: The original Proffer 16 was removed (Modification to monetary proffers in the event of alterations to County fiscal impact modeling). Proffer 14.7.3 was added to the alternative road phasing approach (blocking vehicular access to Falabella, Canter V; connection to be made at the direction of the County). In addition, the final proffer addresses the concern identified by Supervisor Fisher by committing to the construction of Parkins Mill to the school site, in addition to the construction of Warrior Drive from Crosspointe to Parkins Mill, prior to the issuance of the first building permit (this is in the scenario in which Warrior Drive is initiated from Crosspointe). Attached with this updated agenda package is a scan of the transmittal letter from Tower and the revised proffer statement. It is Staffs belief that the final Proffer Statement dated October 25, 2006, addresses the concerns identified by the Board of Supervisors. Board Actions for Rezoning #12 -05: 1. R4 Modifications: Modification #1 (Section 165- 72.B.(2)) The Villages at Artrip application proposes modifications to the housing types permitted with this project. Appendix A of the Proffer Statement proposes an alternative dimensional requirement plan which is incorporated into the Proffer Statement. PC Recommended Approval. Rezoning #12 -05 Villages at Artrip October 30, 2006 Page 29 Modification #2 (Section 165 -71. Mixture of Housing Types Required) The applicant is requesting that more than 40 percent of the total residential land area may be used for multifamily housing products. PC Recommended Approval. Modification #3 (Section 165 -62.D) The applicant is requesting an increase in the overall gross density of the project from 4 units per acre to 4.7 units per acre rather than the 5.4 units per acre previously noted. PC Recommended Approval. 2. Rezoning Application RZ #12 -05, with Proffers dated September 8, 2006 and including MDP #09 -05. PC Recommended Approval with Proffers dated January 27, 2006 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 08/03/05 10 /05 /05 Board of Supervisors: 10/26/05 REZONING APPLICATION #12 -05 AND MASTERDEVELOPMENT PLAN #09 -05 VILLAGES AT ARTRIP Staff Report for the Planning Commission Prepared: September 21, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director PROPOSAL: To rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for the proposed mixed use development of 905 Residential Units and Retail, Restaurant and Office Uses. LOCATION: 'fhe property is located one mile west of Interstate 81, three quarters mile north of Tasker Road (Route 649).150 feet north of Fair Lawn Court (Route 1176) and west of Canter Estates Section V. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75 -A -99A PROPERTY ZONING USE: Zoned: (Rural Areas) District Use: Unimproved ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: B2 (Business General) RA (Rural Area) RP (Residential Performance) RP (Residential Performance) RP (Residential Performance) RA (Rural Area) Use: Use: Use: Use: Action Tabled 60 days Pending Pending Unimproved Agricultural Residential /FCSA Residential Residential/Vacant Residential PROPOSED USES: 905 Residential Units, Retail, Restaurants and Office Uses (a maximum of 118,550 square feet and a minimum of 10,000 square feet of commercial use has been proffered). Rezoning #12 -05 Villages at Artrip 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 719. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Villages at Artrip rezoning application dated May 20, 2005 addresses transportation concerns associated with this request. The developer will be required to enter into a signalization agreement with VDOT at the time the roadway is requested to be accepted into the State's Secondary System. The developer will be liable for the cost of the signal. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Where the desire of the developer to provide proffers is appreciated, the development of this project will have an overwhelming impact on fire and rescue services. Water supplies for firefighting and access shall be addressed during the Subdivision Plan Review. Plan approval recommended. Stephens City Volunteer fire Dept.: No comments offered. Public Works Department: Your letter dated June 13, 2005 has adequately addressed our previous review comments related to the rezoning application and master development plan associated with the proposed Villages at Artrip. Frederick County Dept. of Inspections: No comment required. Frederick Winchester Service Authority: No comments regarding submitted. Application recognizes that expansion of Parkins Mills is necessary to accommodate project build -out. Sanitation Authority: No comment. Health Department: No objection or comment, so long as municipal sewer and water services are provided to entire project. Department of Parks Recreation: The area identified as a school site and open space for use by the Parks and Recreation Department does not appear to be adequate to accommodate both uses. The typical section on page three of five of the Master Development Plan indicates trails to be between five and ten feet in width. The Parks and Recreations Department recommends all trail to be a minimum of ten feet in width. The revised proffer statement has modified proffer 5.1 to reflect ten foot bike trails. The Proffer Statement should include language which indicates the bridge design (The proffer statement, Section 14.2.1.1) will accommodate bicycle lanes. The proposed monetary proffer for Parks Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 3 and Recreation appears to be less than what the impact model would indicate is needed to offset the impact of this development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 155 single family homes, 180 town houses and 570 multi- family units will yield 49 high school students, 47 middle school students and 131 elementary school students for a total of 227 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 the practical capacity for a school. 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 resubmitting of this rezoning application with its proffer statement provides approximately 11 acres to be dedicated for a future elementary school site (minimum acreage needed for an elementary site would be 15 acres). It is imperative with the above number of units included with this project that an elementary school be located in this area. With current building trends, future considerations need to be given to additional middle and high school facilities. Also because of the continued growth in Frederick County, the replacement of certain administrative facilities such as the transportation and administration, which currently have exceeded their capacity, will need to be replaced or expanded. This proffer helps to address the impact of a future elementary school; however, the impact of this type of application on other current and future school needs should be considered during the approval process. Winchester Regional Airport: We have reviewed the above referenced rezoning application /master plan and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport as the majority of the subdivision falls outside of the Airport's Part 77 surface. No special requirements or conditions are requested on behalf of the Winchester Regional Airport Authority. Frederick County Attorney: Comments to be provided by Mr. Bob Mitchell, Jr. Historic Resources Advisory Board: Upon review of the property rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. The Rural Landmarks Survey and the Comprehensive Policy Plan do not identi fy any significant historic structures or battlefield located on or adjacent to the property. Geographic Information Systems: Warrior Drive and Lakeside Drive are continuations of existing roadways and names. Parkins Mill Road will not be accepted as a road name. It conflicts with roadways and names already in the system, and is not considered an extension of an existing roadway name. The potential for up to 21 road names has been noted. Any "Private Road" that is the primary entrance for four of more properties must be named before numbering /addressing can be completed. This MDP is presented as a suburban setting and not a rural setting. Therefore, future road names with such suffixes as Road, Lane, Loop, Trail, Bypass, Grade, Highway, Interstate, Overlook, Pike and Turnpike will not be accepted into the system. Acceptable road name suffixes for this development include Alley, Avenue, Boulevard, Circle, Court, Drive, Place, Plaza, Square, Street, Terrace and Way. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 4 Town of Middletown: None. Town of Stephens City: Traffic concerns as always. City of Winchester: From a regional transportation standpoint, the inability to provide connectivity to Warrior Drive where the bridge is needed at the south end raises concerns in terms of traffic impacts. Planning Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R -2 (Residential Limited). The parcels were re- mapped from R- 2 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) Intended Use The applicant proposes the development of a mixed use project; a residential planned community with an arrangement of residential villages containing a mixture of housing types focused around core area which incorporates a neighborhood commercial center. Also proposed is the dedication of areas for public use including an eleven acre site for an elementary school. The project is proposed to be developed in three phases. Through the proffer statement, the project would be limited to 905 residential units. The proposed gross residential density for the Villages at Artrip is 5.40 units per acre. The applicant has not committed to construct any more than 10,000 square feet of commercial uses. However, the ability has been provided to enable up to 118,550 square feet of commercial uses. The construction of Warrior Drive as a four lane section throughout the limits of this property to connect with Warrior Drive in the Wakeland Manor and Crosspointe developments is a key component of the project. 3) Master Development Plan Requirement In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article XVIII of the Zoning Ordinance shall be submitted with the rezoning application. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described in Article XVIII must also be completed concurrently with or following the consideration of the rezoning. The purpose of the master development plan requirement is to ensure that the intent of the residential planned community is met. The intention of the R4 District is too provided for a mixture of housing types and uses within a carefully planned setting. Special care should be Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 5 taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The R4 District is intended to create new neighborhoods with an appropriate balance between residential, employment, and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure the necessary facilities, roads, and improvements are available or provided to support the R4 development. Residential planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. 3) 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 -11 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 Villages at Artrip property is located within the Southern Frederick Land Use Plan and is identified with a Mixed Use designation north and east of Warrior Drive and a Residential designation south and east of Warrior Drive. As noted in the Comprehensive Plan, the 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 Villages at Artrip rezoning application request is consistent with the land use designations identified in the Southern Frederick Land Use Plan. 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. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 6 Transportation. The Southern Frederick Land Use Plan and the Eastern Road Plan identify new road systems which have been planned to effectively manage traffic generated from the various uses, to link various land uses with arterial and collector road systems, and to provide for signalization opportunities at critical intersections as areas develop. The most significant transportation element in the Comprehensive Plan that relates to this application is Warrior Drive. Warrior Drive is identified as a major collector road with a four lane urban section that traverses the property in a south -east to north- westerly direction. Also identified are Parkins Mill Road and an extension of Lakeside Drive into the project. Both are identified as collector roads with atwo lane section. The new road systems within the Southern Frederick Land Use Plan are planned to mitigate impacts to the environmental features and historic areas. The plan encourages public access and the development of bicycle facilities and pedestrian walkway systems that serve residential, mixed use and planned unit development areas. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Pursuant to the general transportation policies of the Comprehensive Policy Plan, roads located adjacent to and within new development are expected to operate at no less than a Level of Service Category "C." (Comprehensive Policy Plan, p. 7 -5) 4) Site Suitabilitv /Environment The Villages at Artrip property is located immediately south of the Opequon Creek. Areas of 100 Year Flood Plain, steep slopes, and mature woodlands associated with the Opcquon Creek frame the northern boundary of the project as these features run along the entire length of the property. The majority of these environmental features will be protected in areas of open space. Disturbance of areas of mature woodlands will occur in the northwestern portion of the property. The limits of disturbance of the mature woodlands have been identified on the proffered master development plan. Further, the applicant has made efforts in the design of the MDP and within the proffer statement to minimize the disturbance of the mature woodlands and ensure the protection of these areas. Internal to the project the applicant has made further attempt to preserve areas of existing woodlands or specimen trees by ensuring their location in open space areas. This is evidenced with the location of a village green around the identified specimen Delaware Pine and the dedicated tree save area in Landbay F. A second significant stream, an unnamed tributary to the Opequon Creek, traverses the southern portion of this property. Once again this feature and its associated flood plain, steep slopes, and mature woodlands have been located within areas of open space. A small amount of disturbance of the environmental features associated with the unnamed tributary will occur due to the construction of Warrior Drive. The master development plan prepared for this project ensures and demonstrates that any disturbance of' identified environmental features will be done in accordance with all applicable local, state, and federal requirements. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 7 5) Potential Impacts A. Transportation The majority of the Villages at Artrip site are generally more suitable for development as it relatively level and open. Historically the site was used for agricultural purposes. Located internal to the site are smaller areas of wetlands and waters of the U.S. which have been incorporated into the design ofthe master development plan. Of particular note is the farm pond located central to the project that the applicant has proffered to preserve as a focal point or visual amenity to the project. This village pond and its associated wetlands may be enhanced for stormwater management function however its environmental integrity and aesthetic quality will be maintained with its proffered preservation. Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 820 residential units, 60.000 square feet of office use, 150,000 square feet of retail use, and two 6,000 square foot restaurants would ultimately generate 15,623 vehicle trips per day. The actual proffered mix of land uses, identified in the introduction to this application, should be considered in comparison to this assumption when evaluating the TIA. The report was developed with primary access to the project being via the proposed Warrior Drive, a future roadway. The report was separated into three phases generally consistent with the proffered phasing ofthe development. Phase 1 assumes 297 residential units along with the completion of Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip; Phase 2 assumes 577 residential units and 10,000 square feet of retail along with the completion Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip; and Phase 3 assumes the build out of the entire Villages at Artrip development along with the completion of Warrior Drive from south of Tasker Road to north of Crosspointe Boulevard a future roadway within the planned Crosspointe development. The TIA concludes that the traffic impacts associated with the Villages at Artrip application are acceptable and manageable. The conclusion of the TIA further identifies suggested improvements that are assumed to be implemented to achieve an acceptable level of service at intersections throughout the study area network and to achieve an acceptable and manageable conclusion. It should be noted that many of the improvements identified relate to intersections beyond the boundaries of this project and that some of the identified improvements may be accomplished with other development projects. The Villages at Artrip project has not proffered to address any of the identified off -site improvements that are identified in Figure 21a of the TIA (Phase 3: 2012 build out lane geometry and levels of service) which would accommodate this and other adjacent background projects and traffic. The assumption ofthe Villages at Artrip project is that these improvements will be put in place by others and that ultimate connection to the study area network will occur Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 8 in a timely fashion. The transportation proffers provided by the Villages at Artrip project relate directly to on -site transportation improvements with one exception the connection of Warrior Drive to its currently planned terminus on the Wakeland Manor project. Staff Comment: A scenario could be envisioned where the Phase 3 build out of the Villages at Artrip project would occur, including the construction ofthe road network through the limits ofthe Villages at Artrip property, prior to any development in the adjacent portion of the Crosspointe development. This scenario would he problematic when considering the structure of the Villages TIA, as this key connection to an off -site transportation network is the main assumption of the third phase of the TIA. With no connection lo Warrior Drive internal to the Crosspointe project, and suhsequently the other transportation improvements that are part of the Crosspointe project, the assumptions of the third phase of the Villages TIA should be carefully considered. With the above scenario in mind. and with the sole access to the property heing via Warrior Drive south to Tasker Road, it has not been demonstrated by the applicant that a Level of Service C will be achieved al the Warrior Drive/Tasker Road (south) intersection. and al other locations throughout the study, with the lid; build out of the Villages project as permitted by proffer. Any effort to advance the ultimate construction of Warrior Drive from Tasker Road through to Crosspointe Boulevard as depicted in the TIA would he beneficial to the Villages at Artrip project. Transportation Approach. The Villages at Artrip application addresses the transportation improvements identified in the Comprehensive Ilan and necessary to accommodate the Villages development by proffering to develop the ultimate four lane section of Warrior Drive within the limits of their property and beyond to connect with the currently planned terminus of the road on the Wakeland Manor property. The ultimate section of Warrior Drive is described in the impact statement and is identified in the MDP. Also proffered is the construction of Parkins Mill Road from its intersection with Warrior Drive to the limits of the property adjacent to the Canter Estates Section V property. Parkins Mill Road will be constructed by the applicant to a point that provides a connection to the existing road within Canter Estates Section V. The typical section of Parkins Mill Road is also depicted on the MDP. The applicant has proffered a three phased approach to the transportation improvements identified above that is consistent with the phasing provided for the proposed land uses within the project. In addition, the application has proposed an alternative three phased approach to the transportation improvements in the event that access to the project from the north and the Crosspointe development is advanced ahead of access to the south through the Wakeland Manor project. Rezoning #12 -05 Villages at Artrip September 21 2005 Page 9 The completion of Warrior Drive entails the construction of the previously noted bridge over the unnamed tributary of the Opequon Creek. This significant crossing will occur with the first phase of the transportation improvements for the project. This crossing should accommodate the trail that parallels the length of' Warrior Drive as identified in the proffers and the MDP. One roundabout intersection at Parkins Mill Road and two signalized intersections are identified in the TIA as being provided with this project. Pedestrian accommodations have been proffered at those locations where signalization is referenced in the TIA. Staff Comment: The Proffer Statement cdludes to the provision of signalization consistent with the TIA: however, the Proffer Statement does not specifically state that signalization will be provided at the locations identified in the TTA. Clarity should he provided by the applicant and in the Proffer Statement. This is particularly critical with the proffered location ofa school site al one of these intersections. The Proffer Statement provides for the connection of Warrior Drive to the existing section of Warrior Drive in Wakeland Manor in Phase 1 of the road phasing program if Warrior Drive construction and phasing is initialed from the .south. However, the road phasing program, if construction is initiated from Crosspointe, provides no commitment to making the connection to the existing section of Warrior Drive in Wakeland Manor, only to Point A as identified on the MDP. This critical omission should he clarified by the applicant and in the Proffer Statement. Also, Proffer 14.7.3 should he revised to ensure that Warrior Drive is constructed to the existing section of Warrior Drive in Wakeland Manor prior to the issuance of the 681' residential building permit. All road construction triggers should refer to issuance of residential building permits, not occupancy permits. It is important to ensure that the Parkins Mill Road extension, and connection to Canter Estates Section V, is in place in a timely fashion. It is staffs belief that this connection should be in place in conjunction with Phase2 of this development if not sooner. Bicycle and pedestrian access has been provided throughout the project. The locations and details for these accommodations are clearly identified on the MDP. Staff has previously requested that consideration be given to extending pedestrian access to the adjacent Lakewood Manor subdivision. This would be extremely desirable and enhance access between the developments and to and from the dedicated elementary school site. The applicants currently own Lot 121 in the Lakewood Manor Subdivision. Pedestrian access at this location via an access easement into the Villages at Artrip sidewalk network, would be appropriate and should be reconsidered by the applicant. The applicant should also consider extending a sidewalk along the south side of Parkins Mill road to provide a connection between the apartments and the adjacent Canter Estates Section V development. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 10 B. Sewer and Water The Villages at Artrip rezoning proposal is estimated to require approximately 204,710 gallons per day of water usage and is expected to generate a similar amount of wastewater. The Frederick County Sanitation Authoritywill serve the property and the wastewater flow from the site will go to the Parkins Mill Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority offered no comment and the review of the Frederick Winchester Service Authority identifies that the application recognizes that the expansion of the Parkins Mill facility is necessary to accommodate the projects build out. 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 ofthe evolving nutrient loading regulations. C. Historic Resources D. Community Facilities While no significant historical resources were identified on the property pursuant to the Frederick County Rural Landmarks Survey and other identi lied sources, several sites of interest were identified by the applicant. In particular, a family cemetery was identified that contained three to live gravesites. The applicant has incorporated the gravesite area into the reserved open space to ensure that it remains undisturbed. 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 negative fiscal impact at the build out of the project. It should be recognized that the applicant has only proffered the construction of 10,000 square feet of commercial use with the project. The ability remains to provide up to 118,550 square feet of commercial. However, the applicant has stated that this is dependent upon the ultimate completion of Warrior Drive from Crosspointe Boulevard to Tasker Road. No time frame is offered for the completion ofthe road and, therefore, no credit is provided for this potential commercial use. The R4 District requires that sufficient commercial areas shall be provided to meet the needs of the planned community, to provide for an appropriate balance of uses, and to lessen the overall impact of the planned community on Frederick County. The applicant has been encouraged to increase their commitment to the Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 11 introduction of a greater amount of commercial square footage at an earlier stage of the development phasing. A result of such a commitment would be to minimize the fiscal impact of the project to the County. 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. in recognition of the fiscal impacts associated with this application, the applicant has proffered a contribution in the amount of $337 per residential unit for the public school system. The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application: The evaluation anticipated that the proposed 155 .single family homes, 180 town houses and 570 multi family units will yield 49 high school students, 47 middle school students and 131 elementary school students for a total of 227 new students upon build -out. Further, that significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. 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 ,mere cons0ruction of new school facilities to accommodate increased student enrollments. Following the initial review of this application, the applicant resubmitted the rezoning application with a proffer statement that provides approximately 11 acres to be dedicated for a future elementary school site. The schools provided the following comment: The minimum acreage needed, for an elementary site would he 15 acres. his imperative with the above number of units included with this project that an elementary school be located in this area. With current building trends considerations need to be given to additional middle and high school facilities. Also, because of the continued growth in Frederick Cormty, the replacement of certain administrative facilities such as transportation and administration, which currently have exceeded their capacity, will need to be replaced or expanded. This proffer helps to address the impact of a future elementary school: however, the impact ()Phis type ofapplication on other current and future school needs should be considered during the approval process. The proposed dedication of land to facilitate the location of an elementary school in a location central to the rapidly developing areas of the County appears to be desirable in conjunction with this project. The availability of land from the properties adjacent to the proposed 11 acre dedication would have to be pursued to ensure that sufficient area could be obtained to accommodate an elementary school site. Alternately, sufficient area could be provided by the applicant within their property. It would also appear as though other impacts recognized by the public school system could be addressed to a greater extent. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 12 The applicant has also proffered a further dedication of five acres of public land identified as Landbay F, adjacent to the 11 acres, and has proffered a financial contribution to offset the fiscal impacts to the various County. entities consistent with the results of the Fiscal Impact Model. E. Permitted Uses and R4 Modifications. The Zoning Ordinance allows a variety of uses within the R4 District. In addition to this flexibility. the Ordinance provides for the preparation of an alternative dimensional requirement plan. The applicant may also request modifications to specific requirements of the Zoning and Subdivision Ordinances. The applicant should justify that the requested modification is necessary or justified and further advance the goals and intent of the R4 residential planned community and particular project. The applicant's justification for the Villages at Artrip is contained within the Executive Summary of the Impact Statement and generally revolves around the desire to develop a neo- traditional development within the context of the residential planned community district concept. Modification #1 (Section 165- 72.B.(2)) The Villages at Artrip application proposes modifications to the housing types permitted with this project. Appendix A proposes an alternative dimensional requirement plan which is incorporated into the Proffer Statement. This appendix provides additional development standards that shall apply to the Villages at Artrip project. Appendix A introduces several new housing types, including rear loading single family detached cluster housing types, single family attached stacked flats, and single family attached back to back units. This proffered Appendix constitutes an extension to the permitted uses within this district that are specifically applicable to this project. Modification #2 (Section 165 -71. Mixture of I- lousing Types Required) The applicant is requesting that more than 40 percent of the total residential land area may be used for multifamily housing products. The master development plan identifies the general layout of the permitted uses and provides a clear picture of how the proposed uses relate to each other. The approval of this modification would enable the master development plan be developed as presented. Modification #3 (Section 165 -62.D) The applicant is requesting an increase in the overall gross density of the project from 4 units per acre to 5.4 units per acre. The gross density of any development with an approved master development plan which contains more than 100 acres shall not exceed four dwellings per acre. This requirement is contained within the RP (Residential Performance) District. It is the applicant's belief that an increase in density is warranted in order to achieve the desired neo- traditional residential planned community and facilitate the proposed public improvements and proffered land dedication commitments. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 13 6) Proffer Statement— Dated June 2005, revised June 17, 2005 The Villages at Artrip Proffer Statement is substantial in size and content and includes an appendix containing an alternative dimensional requirement plan. However, probably the most significant element of the Proffer Statement is the master development plan that has been prepared for this project. This master development plan identifies the layout, design, and details of the project and seeks to create an innovative and unique neighborhood that is representative ofthe intent of the R4 Residential Planned Community District. The master development plan identifies a core area that is designed to establish the tone and character for the development. The master development plan has been reviewed for conformance with the master plan requirements ofthe Zoning Ordinance (see section 7). The provision ofthe master development plan provides additional security as to the development of the property. Future modifications to the master development plan would necessitate this project going through a new rezoning process and a thorough public evaluation. The following is a summary of some of the other key elements of the proffer statement. 1) A maximum of 905 residential units. 2) A gross residential density of 5.40 units per acre. 3) An allowance for a 10 percent reduction in the required number of parking spaces. 4) The phasing of the development as follows: Phase I 300 units. Phase II 380 units for a total of 680 units and 10,000 square feet of commercial, Phase III 225 units for a total of 905 units. 5) The construction of community facilities and improvements within the second phase of development. 6) Architectural, signage and landscaping standards. In particular, adjacent to Warrior Drive. 7) A pedestrian and bicycle trail system. 8) Financial contributions to offset the fiscal impacts of the development on County resources. 9) The dedication of 11 acres of land as depicted on the MDP for use as a future elementary school site and an adjacent five acres for public use. 10) The preservation of the Village Pond within the core area as a visual amenity. This should be guaranteed within the context of its present state and may be improved or enhanced for stormwater management purposes. 11) Transportation improvements previously discussed in greater detail in this report. 7) Master Development Plan Conformance Review This preliminary Master Development Plan for the Villages at Artrip is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance, with the exception of some issues that still remain. These issues are as follows: Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 14 Sidewalks are only shown on one side of some of the residential streets. In accordance with §144 -18 of the Frederick County Subdivision Ordinance, sidewalks are required along both sides of the roads. The plan needs to be revised to show all of the required sidewalks, or a notation needs to be provided to that effect. A note should be provided on the MDP that the sidewalks on the eastern side of the property will connect with the Canter Estates Section V Subdivision. A trail should be shown through the existing Lakewood Manor Subdivision, lot 121, to give them access through the Villages project to the proposed school site. Details for the road efficiency buffer and residential separation buffer have not been provided. A cross section of these buffers showing the required trees and opaque element needs to be provided on sheet 4 of the MDP. All of the issues identified by staff should be appropriately addressed prior to a recommendation to the Board of Supervisors on the Master Development Plan. Any accommodations or waivers endorsed by the Planning Commission that address the above issues should be incorporated into the MDP through this rezoning process. STAFF CONCLUSIONS FOR THE 08/03/05 PLANNING COMMISSION MEETING: The Villages at Artrip rezoning, an application to rezone 169 acres from RA (Rural Areas) to R4 (Residential Planned Community), 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. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. In addition, the preliminary Master Development Plan for the Villages at Artrip, MDP# 09 -05 is generally consistent with the requirements of Article XV I I, Master Development Plan, of the Zoning Ordinance, with the exception of some issues that still remain. The Planning Commission should ensure that the applicant fully addresses the outstanding issues on the master development plan. 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 AND ACTION OF THE 08 /03/05 MEETING: Numerous issues, such as transportation, schools, and water, were discussed by the Commission. Commission members believed the completion of Warrior Drive out to Rt. 37/ 1 -81 was critical for this project to be successful. They also expressed concern that the applicant would only commit to construct 10,000 square feet of commercial area until Warrior Drive's completion through the limits of the property. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 15 Questions were raised on the results of the applicant's supplemental traffic analysis which concluded that the Tasker Road /Warrior Drive intersection would continue to function at a LOS C. even if the Crosspointe development's section of Warrior was not built soon and the Villages of Artrip was at full build -out. Commissioners believed that future Artrip residents wanting to commute to work in Northern Virginia would have problems accessing 1 -66 and 1 -81. The possibility of forming a CDA (Community Development Authority) with surrounding developers was suggested to the applicant as a possible solution to ensure the timely completion of Warrior Drive. Regarding the transportation issues, the applicant responded that two- thirds of Warrior Drive would be completed in sections by the end of Phase 2. The applicant commented that their transportation needs could be met with only one lane of Warrior Drive in each direction; however, they have agreed to construct two lanes in both directions. He noted that because of the economics associated with fulfilling that request, a critical mass of housing needed to go along with the road improvements, resulting in the housing construction and the length of Warrior Drive going hand -in -hand. VDOT's representative, Mr. Lloyd Ingram, anticipated signalization at Warrior Drive and Tasker Road before the applicant begins Phase 3. Mr. Ingram said that analysis of the initial plans suggested the four -lane paved section could not be justified with the commercial anticipated; however, once the connection was made into Crosspointe, the vehicle trips increased by an additional 8,000. 1 -le said the applicant provided the entire four -lane section because multiple lanes are needed over 8,000 trips and the balance of the commercial could be justified with the additional trips from Crosspointe. Since the size of the designated 11 acre school site was determined to be Tess than optimal by the School Board, other options were discussed, such as use of some of the open space area or use of a portion of the Sanitation Authority's property to the south. Issues were discussed regarding the waste water capabilities of Frederick County, if the pending regulations regarding nutrient reduction by the Virginia's Bay Program were enacted; in addition, the upgrade to the Parkins Mill treatment plant was discussed. A member of the Commission suggested that the wording within the transportation proffer reflect that roads will be "designed and constructed" to VDOT standards. The applicant agreed to revise the wording, but noted that areas within the development will be served by both public and private streets. Questions were raised regarding the establishment and jurisdiction of homeowners' associations for the various neighborhoods and responsibilities for maintenance of the common areas and structures. Two adjoining property owners spoke in favor of the proposed development, but with some reservations. One had concerns about increased traffic through his quiet neighborhood in Lakewood Manor, if Warrior Drive was not constructed early on; he also had concerns about the costs associated with funding a new school and providing sewer and water. The other citizen commented about the considerable wildlife on this property and he requested that a beautiful, old evergreen tree be left undisturbed because of its age, possibly dating back to the Civil War. Rezoning #12 -05 Villages al Artrip September 21, 2005 Page 16 The applicants said they would be willing to work on the issues raised at the meeting. In order to provide the applicants the additional time to work on the issues, the Planning Commission unanimously agreed to table the rezoning and piaster plan for 60 days. STAFF UPDATE FOR 10/05/05 PLANNING COMMISSION MEETING: The applicant provided the County with a revised rezoning application package on September 9, 2005. The revised materials contained an updated Executive Summary, a revised Proffer Statement, and a revised Master Development Plan. Staff met with the applicants regarding the revised package on September 19, 2005. The following is a summary of staffs review of the revised materials. Summary of outstanding items (09/19/05): Master Development Plan: Sidewalks are only shown on one side of some of the residential streets. In accordance with §144 -18 of the Frederick County Subdivision Ordinance, sidewalks are required along both sides of the roads. The plan needs to be revised to show all of the required sidewalks, or a notation needs to be provided to that effect. The applicant has requested a modification to this requirement through the proffer statement. This request for modification is also on the Master Development Plan. Staff is of the opinion that at a minimum, sidewalks should be provided along both sides of the collector streets. This would include Parkins Mill Road and Warrior Drive (with the exception of the eastern side of Warrior Drive south of the Elementary School access). A note should be provided on the MDP that the sidewalks on the eastern side of the property will connect with the Canter Estates Section V Subdivision. A sidewalk has not been added to the East side of Parkins Mill Road to Canter Estates Section V. A trail should be shown through the existing Lakewood Manor Subdivision, lot 121, to give them access through the Villages project to the proposed school site. This comment remains un- addressed by the applicant. Details for the road efficiency buffer and residential separation buffer have not been provided. A cross section of these buffers showing the required trees and opaque element needs to be provided on sheet 4 of the M DP. The applicant has addressed the buffer details. However, a buffer detail has been added to the area adjacent to Canter Estates Section V that would necessitate the removal of existing trees. As existing woodlands exist adjacent to Canter Estates, a 50' Woodland Strip, as allowed by ordinance, should be utilized for the residential separation buffer adjacent to Canter V. Rezoning Application: The applicant has added a section to the Proffer Statement, Section 3.1.3.1. which provides that the applicant shall not construct any of the residential units otherwise permitted in Phase 3 until such time as Warrior Drive has been constructed, so that access is available to the property from Interstate 81 and through Wakeland Manor. Additional clarity should be provided to Section 3.1.3.1 to specify that access would be provided from Interstate 81 through the Crosspointe Development and through Wakeland Manor to Tasker Road as identified in the TIA. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 17 The applicant has proffered that 20,000 square feet of commercial development would occur by the end of Phase 2 of the development. Previously, the applicant had committed to providing 10,000 square feet of the enabled 118,550 square feet of commercial within the first two phases. The comprehensive sign plan should be reinstated as an appendix to the Proffer Statement. Section 4.5 has been modified to remove this commitment. Section 7 of the Proffer Statement addresses schools. Three additional proffers have been added to this section. It may be more desirable to the County for the applicant to designate the area to be dedicated for a more general public use, as opposed to a specific public use. This would provide the County with a greater amount of flexibility in the utilization of the land. In addition, Section 7.4. which contains a sunset and reversionary clause, should be carefully evaluated. This may not be desirable and is not consistent with past county actions regarding acceptance of proffers for public use. Finally, the applicant has maintained a $337 contribution for schools. This amount does not fully address the capital facility needs ofthe school system as identified in the Fiscal Impact Model. With regards to Section 14, Transportation, Warrior Drive is identified as an Urban Section (Curb and Gutter) and should be referenced as such in the Proffer Statement and detailed as such on the M DP. Section 14.3.1.1. is an important section that should also be added to Section 14.4, which addresses the Alternative approach for the Phase 1 (Parkins Mill) construction of the road. Presently there is no mention of the Wakeland Manor connection beyond point A in this section. Staff has identified one minor modification to the Proffer Statement, the final sentence of Section 14.3.1.1., which, when considered in connection with the deletion of language within Section 14.10, is significantly problematic to the transportation program and overall rezoning application submission. The addition of "...and the said bridge shall he completed no later than the end Phase I" is not acceptable. Previously, the applicant had committed to ensuring the road connection would be in place prior to the issuance of the first building permit in Phase 1 and had committed to making no connection of Parkins Mill Drive extended to Canter Estates Section V, for construction or other purposes until such time as Warrior Drive has been constructed to permit traffic access through Wakeland Manor to Tasker Road. The combination of the two modifications to the Proffer Statement would result in the development ofthe entire first phase, and potentially more, with sole access being provided via Canter Estates. As noted, this would be unacceptable. The above scenario is not one which was previously presented to or contemplated by the Planning Commission. Nor was the consideration of this transportation scenario extended to the general public during the public hearing and the adjacent properly owners. It should be clearly noted that the "CIA prepared by the applicant for this application in no way considers the use of the adjacent subdivision as the primary means of access. The inclusion of this modification to the Proffer Statement appears to invalidate the conclusions of the Traffic Impact Analysis which identifies Warrior Drive as the means of access for all phases of the development. Rezoning #12 -05 Villages at Artrip September 21, 2005 Page 18 The Planning Commission should evaluate the scope and impact of the modifications to the Villages at Artrip application and determine the appropriate recommendation. Based upon the modifications as submitted, at a minimum, consideration should be given to affording the general public the opportunity to further evaluate the rezoning application. STAFF CONCLUSIONS FOR 10/05/05 PLANNING COMMISSION MEETING: The Villages at Artrip rezoning application to rezone 169 acres from RA (Rural Areas) to R4 (Residential Planned Community) remains generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report and proposes creativity in the application of the County's R4 (Residential Planned Community) District. However, 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 applicants modified commitment to the construction of Warrior Drive, a key component of the Comprehensive Plan and the County's transportation planning efforts should be considered. The applicant has not demonstrated that the resulting impacts to the County's transportation network have been addressed. Further, the failure to ensure the timely completion of Warrior Drive, a major element of the County's road network, does not appear to justify the additional density modifications requested in the application, contrary to the intent stated in the applicant's executive summary. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. In addition, the preliminary Master Development Plan for the Villages at Artrip, MDP# 09 -05 is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance, with the exception of some issues that still remain and that have been identified in the updated staff report. The Planning Commission should ensure that the applicant fully addresses the outstanding issues on the master development plan. 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. The Planning Commission has already held the public hearing for this application. Following the public meeting, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address nl! concerns raised by the Planning Con:mission. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be doinpleted byPlarining:Staff;' Fee Amount Paid o €3 0 Zoning Amendment Number s_ Date Received .1b/D. PC Ilearing Date 19,703 6Th BOS' Hearing Date //5 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: Winchester Artrip, LLC Telephone: 301- 984 -7000 Address: c /o_The Tower Companies 11501 Huff Court, North Bethesda, MD 20895 2. Property Owner (if different than above) Name: Winchester Artrip LLC Telephone: 301 -984 -7000 Address: 11501 Huff Court, North Bethesda, MD 20895 3. Contact person if other than above David L. Frank, CLA Name: Dewberry Telephone: 540- 678 -2700 611 West Jubal Early Drive, Bldg.B,•Suite C Winchester VA 22601 4. Checklist: Check the following items that have been included with this application. Location map g Agency Comments X Plat X Fees X Decd to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 11 1udV,do;dA30 swunroid AIN100 ;I3IuRc3j 5ooa inr I ?Li n (0. 5. The Code of Virginia allows us to request hill disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Winchester Artrip, LLC, a wholly owned subsidiary of Tower Real Estate Group, LLC, the managing members of which are: Albert, Jeffrey, Gary and Ronald Abramson. Other non managing members consists of additional family individuals: 6. A) Current Use of the Property: Vacant Residential,: Retail, I3) Proposed Use of the Property: Restaurants and Office. 7. Adjoining Property: See Table 3 following PARCEL ID NU MBER USE ZONING 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): South Frederick Land Use area, Tax Map 75— ((A)), Parcel 99A. One mile west of I -61, 3/4 mile north of Tasker Road (VA Route 649), and 150' north of Fair Lawn Court (VA Route 1176). 10 Pesend 5 -19 -051 2:31PM:DEWBERRY 12. Signature: :540 678 2703 tt 8/ 8 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) understandthat the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date Date: Owner(s): Q Date: 544 /or 12 Date: Acres Current Zoning Zoning Requested 169.924 RA R4 169.924 Total acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number Magisterial: Shawnee Fire Service: Stephens City Rescue Service: Stephens City Districts 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 905 Residental units SFD/ Townhome% MULTI Family Single Family homes: Townhome: Multi Family: Non- Residential Lots: Mobile Home: 1 -lotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: 118,550 SF Commercial /retail /office Olhcr Residental 13 75 (A) 99A High School: Sherando Middle School: James Wood R.E. Aylor Elementary School: Armel A aura o f I akcs�de�Uri t WINCHESTERARTRIP 75 A 99A 169.01 ac. 1C GLAIZE DEVELOPMENT 75 A 94 318 ac. HALDEMAN 64 A 24 280 ac. ARTRIP 76 A -13 232.3 ac.- REZ #15- 05 /MDP #09 -05 2005 Frederick County, VA Location in the tountj Map Features Application O Lakes /Ponds Streams c5 Flooplain Streets Primary Secondary 1 Tertiary Winchester City Railroads Future Rt37 Bypass O Properly Lines UDA Urban Development Area (Z)SWSA ren Location in Surrounding Area 0 250 500 Rezoning 12 05 MEW #09 -05 Application (s) Villages At Artrip Parcel ID: 75 A 99A °Net aa'w s Fm tip' rf e. as V ss€f,+ krd. rx' motet mw Taeal.P va z`• t�' e x a w,� .A 7 Y a. r t f f HALDEMAN P Q 0 <9 GLAIZE DEVELOPMENT a 6 280 ac. 0 7 318 ac. i 1 9� e 2 A ma y zoni z u ARTRIP co A, Future -RT 37 76 A_13 1 it A gy p, �1 232.3 ac o o c, y o Q I A ti� s v l f c, Frederick County, Rezoning MDP #09 Application Villages A Location in the. Parcel ID: e County Map Features 0 Application Zoning CS Lakes /Ponds O B1 (Business, Neighborhood Streams 0 B2 (Business, General C3 Flooplain a B3 (Business, Industrial VA 12 05 -05 (s) At p 75 A 99A District) District) Transition District) Streets 0 EM (EKtractive Manufacturing District) ti Primary O HE (Higher Education District) Secondary O M1 (Industrial, Light District) A•" Terciar (n d smal. General Distflct o Mz Winchester City MH1 (Mobile Home Community District) Railroatls e. MS Medical Su ti Future Rt37 Bypass O R4 (Residential, Panne Community District) Property Lines a R5 (Residential Recreational Community District) UDA RA (Rural Areas District) Urban Development Area RP (Residential Performance District) y SWSA Iq r 4♦� 4 'de 4 t0 .47 t I ��1 5 Q \bra vi'• l� Q� 0 Vito Ir i •te Fl es Illb J e, a I/► 1 ei WINCHES ARTRIP 76 A 99A U con. 169.01 ac. I�1 t /J u V G I y1r /4 o v. q 1 ,S "OA a `Ili at i. m 7 AU i i r-d‘ 401 :a4 e l i 7 T A. y a At MI i v 4.* is a a va ta fr. 4. P� 0; eq. Zia airk b ,a i III 3ed /1 4 J L ADr���w 3 4, 0t ir in 40 I jj Location in Surrounding Area 0 25050D 1:%Cl 1'O��et se 1 l a x1 el L dei ni p Map Features 0 Application O Lakes /Ponds Streams Q Flooplain Streets ti Primary 0‘. Secondary Ternary Winchester City Railroads Future Rt37 Bypass O property Lines UDA Urban Development Area SWSA Rezoning 12 05 MDP 09 05 Application (s) Rang. Land Use Rural Community Center Residential Business ndustrial nstitutional Recreation Mlstonc Mixed -Use Planned Unit Development rm o o-0. a 1 4:k 0 a p o 09 00 A® r Damp 2(o f t k `Yr'Nom. +K r1�, in TC+ .M, r. +wu_ 4 #J fi` f .�.1 in r l 6 I I! 1'4N'°} J Il ale w ry J f s O rcF' ry Z c w"P A, s "1>� 4 O .ow 4 dam r s .v �i.. 15�'. y 1 R4'r w T` Jln`f J�r 4 y+7 npiiyS r, LIZ A it s *31 6 F N r 'L ♦F. �u j iv 1 i -f, F 7l d I S r v "k d 1 i iACT ELO PME NT .E FL I Ai v .4r ae 3 fb Y .,'irk -,4 r� f �r �?r'; 't '`i 1 i r« 41,4,- 414 f� r/ Y y s J t+4 1: 1 i f f4 ^t t(',� s.> t xy 'rINALDEMAN �msuf 9 6yxK' yite/ 24 f'n, 1see airy" f l+S M IMO 1 i t t f Y.i 4 k7 M 1 j �M r ^-r ✓I y r e f y y [n q t h 1 1 i1 C ryy luau i_.:.�! j7 1h” i H,tF',IS^ .ffi 1 I _–j– /r is+ ARTRIPr II y 14 L 4.Y rr i 7 o j 8 S y E{' ''r- 4:�.- y 1 5 Frederick OLD County, VA 7J 9 Rezoning 12 05 MDP 09 05 Application (s) Villages At Artrip 1' s y o !Stilt t 5 rV 1 >Q 'f ff v 'r o a Q sie> e` fi s., 'y CI i ,t u I It P f r t l YU to 'ePf f 1 2. .1 r r�l'i J 9 rat t T'L I .r ..y .[Z \g .x n y-l" f'` Jyya' 1 5L 1 l ;��..y. ryA ..Ii p/� t'G 1( L H !l1 bS `ei y�l� S r 0 7 •yy y a\ JIB n idu p y n, r IPPII iitle yti, Y t O rit Y L 5d H S N. cc ,.H r G.. ,P fi `?r G do r '..er Ny s a !(yam ,r¢_ •rr 37 Y° 1 z s f- Y r r '�i Y y f r d� rp :rd�ii i 4 Lh iP )f4 7 Fry' J,, ♦tV rf �JYd r j �b +y• F I,.fY J• f N S J �e ic r l i +i i r f/I1 j r, A d f J' F. .r 1 4: 13A RT RIP ti, J 9 tt f qa n I' C t A r i s q h. Y r :Zr 16991 ac i4 it C 1 4 y r y l H3'nr t Y 1 s. L" �Pfr i �.e s i r r t �r,3 y f b.. q I 7 76 A 13 rs+ r? 2az.3 r J r t %Alt.> wJ.. r t,A .1 \khJ 6 w 'u a .�u JIf t l 's f L 1. y 4 4 r ff •.yf I.. fJ-s i �i ter r✓ 4� %a b ie" d I E J� O ..ra e ms` I C G.�1 /i �e a I N i D �0 4 4 i J 1 EEC a Parcel ID: 75 -A -99A Lo/ahon in the Count.' Map Features ®Lakesa,io 6 Lakes/Ponds n tls Streams e3 FlooPlan Streets ti Pr mdly ti Secondary 4.... Ternary V�nches,er City ^t Railroatls Future R,3]BYPess c:::, ProPenY Lines UDA Urban Development Area CD S WSA �a ♦r r 11 B ..tt J 4 Vf t i tlr tl W I "�4 l Ff 7A 1 J i rr 5 v ,b fx 1' 8' N V•1' Y r y 41N e M3 tOr. �.R E M t r x �i q, a d i i a e'E "l s s r r re ti .y.1r�}�A C: s r hr v j�A�� 4 f .y>LI�� 4 4 s. 1 Cr 'n• e r 1 t t 4 r y,� fn j ra flttl R34 r r i 'Y� 3� d r t> r 'L try 'ti. a 4 wf (A.. tX.1 SV I e Virginia a a, f y v ✓w 'i o r v J: r `yA �I'►. y 4 fy r�. 1 4 f !♦m G[6r "w at \7P 1 1'♦ r, 4'b_ rt_ W e r ^f r F d °1) t f it 1 t� s�3 y,"t 1 r y a W fr TT et l d [Jr' 2 i f i 7 aG '[,1 i 1y, 'L i r a S "r Gi y Fc� r �i' ,A 5441 :Y4 rk o y, r p� y VpRX L 0 e, tih i9 l. i tl Y (l PS rf i 90 tl J '[Y" v 4 Vir 'It i r r aV K ♦ot s •.R' _Cdp• d..Dq. f p /I''' '')A I''' y 'j ST r r I u r 6 4t i lam} r n .ti N °P 0.[. Q atir T /asks Ub J d f /rUIL S L+ C; 1 d` I p 3 �y A c t, Na on, 1 .y w•, r Y Location in Surrounding Area nn 0 250 500 1 O ne, t o �Si u z` a J ti V� 0i1 M r 7V 'r f ARTRIP 76 A 13 m Ls Tan 13 iJ !Dr oss gis WINCHESTER ARTRIP 75 A 99A Wakeland Manor Land Trust 75. A 101 Future Rt37 Bypass JASBO 76 A 23 Canter Estate Sec V 76C 1 5.365A Wakeland Manor Land Trust 75 A .100 Map Features B PoGI,c.eon cvNerts oP curer V,.,pe,es N Dams streams N R.umtrq 3 I/15 Double Church O guMn, Road Centerlines 0 Reluee cnue,A 0 south r,merck REZ #12- 05 /MDP #09 -05 Villages At Artrip 75 A 99A 0 250 500 1,000 Minima Feet GLAZE DEVELOPMENTS ss 75 A 96 WINCHESTER ARTRIP 75 A 99A Canter Estate Sec V 76C 1 5.065A Wakeland Manor Land Trust 75 A• 101 JASBO 76 A 23 Wakeland Manor Land Trust 75 A 100 Future Rt37 Bypass Map Features 8 �ton N C eev r N crm.n utaame„e. Al Dana Stream. N Rnure.? 0 emluoe. Road centerlines IND 7anna N Trait p Parcels Aarlculbn, a c ornea! Dislikes oouae Church O Refuge church 0 South Fre6e<k ARTRIP 76 A 13 REZ #12- 05 /MDP #09 -05 Villages At Artrip 75 A 99A 0 250 500 1,000 Feet fratat /P row N Budge. N diver% lal.s?oMI N Dare Agricultural a Forestal Piglets w— steams Al Retaining walls O Double church C I Rurngs Road Centerlines 0 Reh Chard' 0 Tests b OsoutFmenn N b W REZ #12- 05 /MDP #09 -05 Villages At Artrip 75 A 99A F s 0 250 500 1,000 Feet