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
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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
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ren
Location in Surrounding Area
0 250 500
Rezoning 12 05
MEW #09 -05
Application (s)
Villages At
Artrip
Parcel ID: 75 A 99A
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Rezoning 12 05
MDP 09 05
Application (s)
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ARTRIP
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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
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V,.,pe,es N Dams
streams N R.umtrq 3 I/15 Double Church
O guMn, Road Centerlines 0 Reluee cnue,A
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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.
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w— steams Al Retaining walls O Double church
C I Rurngs Road Centerlines 0 Reh Chard'
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REZ #12- 05 /MDP #09 -05
Villages At Artrip
75 A 99A
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s
0 250 500 1,000
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