Loading...
HomeMy WebLinkAbout02-06 ApplicationApril 14, 2006 Mr. Charles E. Maddox, Jr. Patton Harris Rust Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: REZONING #02 -06, SHENANDOAH UNIVERSITY Dear Chuck: COUN f,&; DERICK Department of Plann�i g nt a j 651 FAX: 540/665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 12, 2006. The above referenced application was approved to rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with proffers. The subject properties are located on the east side of Tulane Drive (route 797) and west side of Price Drive, approximately 650' north of Millwood Pike (Route 50), and are identified with Property Identification Numbers 64 -A -109 and a portion of 64 -A -1 10, in the Shawnee Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate Shenandoah University, Business Office, 1460 University Dr., Winchester, VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Planning Commission: Board of Supervisors: REZONING APPLICATION #02 -06 SHENANDOAH UNIVERSITY Staff Report for the Board of Supervisors Prepared: April 5, 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 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 March 15, 2006 April 12, 2006 Action Recommended Approval Pending PROPOSAL: To rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with proffers. LOCATION: The properties are located on the east side of Tulane Drive (Route 797) and west side of Price Drive, approximately 650' north of Millwood Pike (Route 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64 -A -109 and a portion of 64-A-110 PROPERTY ZONING: RP (Residential Performance) District, HE (1- ligher Education) District, and B2 (Business General) District PRESENT USE: University Stadium and Residential ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) PROPOSED USES: University Facilities Use: Use: Use: Use: Residential Residential Residential Hotel University Facilities Rezoning #02 -06 Shenandoah University April 5, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little significant impact on Route 797. This route is the VDOT roadway which has been considered as the access to the property referenced. It is recommended the applicant proffer that all access to this property be through Tulane Drive. No access will be allowed along the frontage of Price Drive. 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, 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: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Millwood Station: No comments. Department of inspections: No comment required at this time. Public Works Department: We have no comment at this time. Frederick Winchester Service Authority: No comment. Sanitation Authority: No comment. Frederick- Winchester Health Department: The Health Department has no objection to the request as stated so long as no private drainfields or private /public wells are negatively impacted. Department of Parks Recreation: No comment. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: This property appears to be just on the outside edge of the Airport Support Area and the traffic pattern of the Winchester Airport. Due to the close proximity of this property to the flight pattern at Winchester Regional Airport, building occupants are likely to experience aircraft noise and fly -over nuisance from aircraft entering into or departing the flight pattern. As the airport continues to expand services and operations, noise associated with such expansion will likely increase. Property owners may be aware of the airport's existence, but should be forewarned about this potential problem. We advise the owner to take measures for noise attenuation during construction of their classroom facilities. This would help reduce any noise distraction during classes. Winchester Regional Airport if a vital line in the National Air Transportation System used by private Rezoning #02 -06 Shenandoah University April 5, 2006 Page 3 citizens, commercial air carriers, businesses and industries throughout the region to transport people and goods around the world. During the last eighteen months, there has been a dramatic increase in jet transient traffic at Winchester. In addition, we now have a medevac helicopter conducting operations throughout the day and night. The Winchester Regional Airport has a direct and principal economic impact on our community and is continually working towards expanding operations. To be successful in our ventures, we need citizen support, which causes us concern regarding the potential for complaints about aircraft noise. Frederick County Attorney: Please see attached letter dated June 28, 2005 from Robert T. Mitchell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. The properties are within the study area of the First and Second Battles of Winchester; however, this area has already lost its integrity. 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). Site of the original farmhouse on the Lages land, the acreage that is now the College Park Subdivision, the property has been zoned RP (Residential Performance) since the consolidation of the existing R2 zoning classification with the RI, R3, and R6 zoning districts to create the RP (Residential General) District on September 28, 1983. The original College Park Subdivision was created around the parcels for which this current rezoning is being requested in 1970. The Pembridge Heights Subdivision further developed this area, including the residential lots located along Price Drive. At the time of the development of this section of Pembridge Heights, Shenandoah University further secured the use of Price Drive as an access to the College by enabling the conversion of an existing 60' right of-way that benefited the University, to a right -of -way dedicated to the State. existing Price Drive. The dedication ()Phis right- of-waty provided access to the residential lots and clearly to Shenandoah University. Correspondence from this era indicates that notification to that end was placed on the deed of dedication and therefore to subsequent homeowners regarding the potential future use of Price Drive as an access to Shenandoah University. The remaining portion of parcel 64 -A -110 that is not subject to this rezoning request which was acquired by Shenandoah University, contains both B2 (Business General) and HE (Higher Education) District zoned land, and has developed according to Master Development Plan MDP #01 -91 which was revised in August of 1999 to enable a football stadium and fieldhouse Rezoning #02 -06 Shenandoah University April 5, 2006 Page 4 facility on the east side of Interstate 81. Parcel 64 -A -109, totaling 0.6 acres, and the 0.6 acre portion of Parcel 64 -A -110 are subject to this 1.2 acre rezoning request from RP (Residential Performance) District to HE (Higher Education) District. 2) Comprehensive Police 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 subject properties included with this rezoning request are located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (U DA) and Sewer and Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan recognizes the existing land uses of the parcels in this area and does not identify any desired future land use. However, the Eastern Frederick County Long Range Land Use Plan Map recognizes the institutional land uses associated with Shenandoah University in the vicinity of the properties. Such a land use designation could be applied to the subject parcels with the appropriate recognition of the character of the adjoining residential subdivision. The intent of the HE (Higher Education) District is to permit institutions of higher education in appropriate areas. Transportalion The Comprehensive Plan does not presently identify any new road improvement projects in the immediate vicinity of this rezoning request. The street serving the existing and developing university facilities, Tulane Drive, was recently upgraded in accord with VDOT specifications to accommodate the development proposed with the Shenandoah University Master Development Plan. The intersection of Tulane Drive, Route 797. and Route 50 is of a standard that can accommodate the traffic anticipated from the currently master planned Shenandoah University project, the College Park Subdivision, and the properties included with this rezoning request. Price Drive the existing residential subdivision street on which the properties have frontage, is of residential character and additional traffic of a non- residential nature should be discouraged. Shenandoah's previous efforts to secure Price Drive as an access are recognized. 3) Site Suitabilitv/Environment The site does not contain any environmental or historical features. More specifically, there are no identified areas of steep slopes floodplain, or wetlands that should be addressed through this rezoning application or would constrain the development of the properties under the HE (Higher Education) zoning district classification. Parcel 64 -A -110 does contain a stormwater management facility that was created in conjunction with the Tulane Drive Road improvement project. Rezoning #02 -06 Shenandoah University April 5, 2006 Page 5 4) Potential Impacts A. Transportation In a letter dated May 2, 2005. the Virginia Department of Transportation recommended that the applicant proffer that all access to this property be through Tulane Drive. They further stated that no access will be allowed along the frontage of Price Drive. Staff would concur based upon the rationale that Tulane Drive was recently improved to a standard that would accommodate the anticipated traffic from the developing areas of Shenandoah University. Price Drive is a residential street that serves the existing residential uses, the character of which should be preserved with this rezoning application. The applicant should be prepared to address this issue and the Proffer Statement provides the applicant the opportunity to do so. No additional measurable transportation impacts are anticipated from the development of this 1.2 acre site on Tulane Drive, Route 797, and the intersection of Tulane Drive and Route 50. Staff would concur with the application's statement that the requested rezoning will expand the area available for the development of planned facilities and ancillary uses, but will not result in a discernable increase in traffic above what has already been planned and approved. It should be ensured that the access for any traffic generated by the development of this acreage is via Tulane Drive. 13. Sewer and Water Public water and sewer service is provided to the site by the City of Winchester. Wastewater generated by the development of this site will be conveyed to the Opequon Waste Water Treatment Facility. The ongoing development of University facilities has ensured that sufficient water and sewer infrastructure has been provided to accommodate any additional development that may occur on this site. C. Community Facilities and Impacts The Frederick County Development Impact Model has not been applied to 1-113 (Higher Education) District rezoning requests in recognition of the unique impacts and benefits that institutions of higher education provide to the community. The impacts of the development of facilities within the HE (Higher Education) District on the surrounding community should be carefully evaluated. In particular, when the land for which the rezoning request is being sought is part ofa residential community and the surrounding land uses are residential. In recognition of the need to ensure that areas of HE (Higher Education) District are appropriately integrated with the surrounding community, the HE (Higher Education) District section of the Zoning Ordinance enables the Planning Commission to require distance buffers and landscaping and /or full screening on lots which abut residential land uses. The size of the buffers and nature of the screening shall be based upon the amount of separation and screening needed. Rezoning #02 -06 Shenandoah University April 5, 2006 Page 6 Staff has previously encouraged the applicant to be proactive with regards to any landscaping and screening that could be applied to this property to ensure that the long terns use of the property is appropriately integrated with the adjacent residential uses. It would be preferable for the applicant to propose an approach to addressing this issue which ensures that whatever the ultimate use of the acreage, the surrounding properties are not negatively impacted. It is important to remember that buildings, signs, and structures within the HE (Higher Education) District may be erected up to 45 feet in height, structures may be located up to 35 feet from any street, and parking areas may be located within five feet of any property line. With the approval of the Master Development Plan for the Football Stadium and Fieldhouse, the University provided a landscape buffer that was twenty feet in width and consisted of a double row of evergreen trees adjacent to the residential properties. The properties that are subject to this rezoning request provide a gateway to the University grounds. The opportunity exists for the applicant to address this issue in a manner that is aesthetically pleasing, both as a gateway to the University Stadium complex and to the adjacent neighbors and ensures that any future impacts from the development of this acreage are mitigated. Staff continues to encourage the applicant to propose an approach that could be incorporated into the proffer statement in some form. 5) Proffer Statement Dated April 26, 2005 and revised February 15, 2006 The Proffer Statement contains one proffer that seeks to address the site development as it relates to transportation access. This proffer states that site access shall be limited to Tulane Drive, the internal campus road network, and the two existing entrance points on Price Drive. This proposed proffer does not appear to limit site access in any fashion and would enable the development of the subject properties to occur with primary access being via Price Drive. A more desirable approach may be to limit access to the 1.2 acre site to the University's internal street system via the extension of the recently improved Tulane Drive, thus minimizing any potential impacts to Price Drive and the existing residential land uses. Accommodations in the Proffer Statement may be appropriate to enable the existing residential structure to continue to utilize Price Drive. However, any new development and /or redevelopment of the site under the HE (Higher Education) designation should utilize an internal access point on Tulane Drive extended. STAFF CONCLUSIONS FOR 03/15/06 PLANNING COMMISSION MEETING: The Shenandoah University rezoning application is generally consistent with the goals ofthe Frederick County Comprehensive Plan. Elements ofthe rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan and the intent of the HE (Higher Education) District. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to ensuring that the potential development of the HE (Higher Education) land uses are appropriately integrated with the surrounding residential community. Rezoning #02 -06 Shenandoah University April 5, 2006 Page 7 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 03 /15/06 MEETING: Commission members discussed the protection of the adjoining residential area and their desire for any potential use of the property to appropriately blend in with the residential neighborhood. Commissioners encouraged the applicant to close or restrict the access to Price Drive and to have all the traffic from future users of this site to use Tulane Drive. They were also concerned that some uses permitted with HE Zoning would not be appropriate, such as a multi -story dormitory. The applicants expressed their opinion that the size of the property limited the intensity of its use and since the use had not yet been determined, they wanted to maintain as much flexibility as possible. They assured the Commission of Shenandoah University's intent to be a good neighbor, to provide additional screening if necessary, and to utilize the site with a compatible use. Two adjoining property owners on Price Drive spoke to the Commission about the type of use that might go on the property and how it would affect their property values. One of the property owners complained of a vacant lot on Price Drive that was an eyesore because it contained mounds of dirt; he also thought the existing structure should be investigated for potential historical significance because it may have been used during the Civil War. The other property owner was opposed to allowing access of this site to Price Drive; in addition, he said the landscape screening along his property line promised by Shenandoah University for a previous project was not completed. It was noted that the use of this property would come back to the Planning Commission in the form of a master development plan revision. It was also noted that ordinance requirements call for landscaping between residential and HE uses, with specific amounts and type at the discretion of the Commission. Commissioners unanimously recommended approval of the rezoning with the proffer submitted by the applicant and with a caveat that expressed the Commission's desire to sec access to Price Drive restricted. (Commissioner Ours and Light abstained from voting; Commissioners Unger and Watt were absent from the meeting.) ,i O 0 o 1 f Zoning t RP Zoning il HE i s 0 aa ar NPE o r• 0 YO CEY p ogare. q L 01 P� {b SNEV.LNOO.N UNIVERSRY yV Zoning B2 EP 01 1P' Cgo° Sf PEi F �a V e V' 111 Yl 0.C Cu N MI w, Ix I.&Ey fi ll Ep WN1111IN0 I I i x n L Ke SHENANWANUNVERSIY' 0 Q n+D e PRICE DA 1.I i a8 *nu 9LOSSW POPERnES,LP 61 APPLE BLOSSOM PROPERTIES .ry -!(i• -c1.-1 l �n s\ t 4. 7 1� t r. t I, s%� s ea 1 rI lI. I i� 1�� "I( fF? 4,,,,_ G_ S',' Kip Feature. Zoning A 34.. a ca..._.,...,.�e ,I REZONING 02 06 N G ez R 0 e R mi a ay..c .M o ne m a 603304116•, O O a 46 uanu warm. H ND... ia' 0 6o S henandoah Oe or- University 3 25 50 p a .,,Ie �._,e b, 00 64 A 109, 110) Feet LPPLE BLOSSOM PPOPERTES, LP Map reams. Zoning !F' 1 E,m..,,,a Nr O e OW� «x.w..mmv. y J_ Nw..�. O n a.........0 m 4 4 N u mm m m• Na E n O P Q tee. R ome cmwninu O nc O PP@.we.Ptimn.^e•nmw Q P o.,...,.. w. e..a Q P. Al Y M. I ...Pr"•0... „n.. 0 25 50 100 eu=se===ais Feel osws■ REZONING 02 06 Shenandoah University (64 -A -109, 110) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA ril Feenmount P,ar Zonmg,AmendmentaNumbe D w�� Date Received N +4 k I. t a 4 b.[, M. RL- ••4�Ay J AS CID eal t1.. PC;Heanng/Da e 1 1" r ;EBOSPHeanng Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Patton Harris Rust Associates (PHR +A) Telephone: 540- 667 -2139 Address: Location Map Plat Deed of property Verification of taxes paid 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Shenandoah University c/o Business Office Address: 1460 University Drive Winchester, Virginia 22601 Telephone: 540- 665 -4514 3. Contact person if other than above Name: Charles E. Maddox, Jr., Telephone: 540- 667 -2139 4. Checklist: Check the following items that have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement FEB 1 7 2006 1 Shenandoah University 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER 254 -1 -2 64 -A -107 64- A -107A 64 -A -109 64A- 8 -3 -35 64A-12-3-111C 64A-12-3-111D 64A -12 -3 -210 64A -12 -3 -211 USE University Commercial Hotel Commercial Hotel Residential Residential Residential Residential Residential Residential RP RP RP RP RP 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: University Stadium (HE), Residence (RP) University Facilities (Academic /Cultural) 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). The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650 feet north of Millwood Pike (US Route 50). ZONING HE1 (City of Winchester) B2 B2 RP 2 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. 1 (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Charl-: Maddox, Jr., P.E., Owner(s) U �3 OLw c-nn Shenandoah University Date 02/17/06 Date 02/17/06 4 '#Ta J r Name Address 64 -A -110 Shenandoah University Gene Fisher 1460 University Drive, Winchester, VA 22601 64 -A -111 C Virginia A Bresnanan 101 Harvard Drive, Winchester, VA 22602 64- A -111D Ida M Price 102 Price Drive, Winchester, VA 22602 64A -12 -3 -204 Michael L Cynthia S Clarke 104 Price Drive, Winchester, VA 22602 64A -12 -3 -210 Robert C Jacqueline Gochenour, Jr. 111 Price Drive, Winchester, VA 22602 64A -12 -3 -211 Ona Carlton Margaret F Hovatter 105 Price Drive, Winchester, VA 22602 64A- 8 -3 -35 Ruth T Sherwood 103 Princeton Drive, Winchester, VA 22602 64A -12 -3 -205 Christopher Sandra P Miller 106 Price Drive, Winchester, VA 22602 64A -12 -3 -206 Harry F Joyce M Evans III P.O. Box 1682, Winchester, VA 22604 64A -12 -3 -207 Eric D A Holly B McMurtry 110 Price Drive, Winchester, VA 22602 64A -12 -3 -208 William R Marie C Withers 112 Price Drive, Winchester, VA 22602 64A -12 -3 -209 John L Pamela T Haines 114 Price Drive, Winchester, VA 22602 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Plamung Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2n floor of the Frederick County Administrative Building, 107 North Kent Street. w v I z SOT. 1- F l Z a L Z CC 0 U P 0' 0 a tt —d'i o 4 cr o aD r., (jr .tar CD o E�i EL z N N -1 O J IJ J a 0_ NOTE: THE BOUNDARIES SHOWN HEREON WERE DERIVED FROM PUBLIC RECORDS ARE NOT THE RESULT OF A: CURRENT FIELD SURVEY. T.M. 64A —(0 2)) —(3) -211 ONA C. MARGARET HOVATTER D.B. 745, PG 1435 ZONE: RP 586'35'22 "E 180.60' N t 0 z S86'35'22 "E NO2'34'21 "E 78:08' S87'25'55 "E T.M. 64 -((A)) -109 SHENANDOAH UNIVERSITY INST: f 020007057 0.6192 ACRES ZONE: RP' PORTION OF T.M. 64 -((AD -110 CURRENTLY ZONED RP SHENANDOAH- UNIVERSITY INST. 020007057 0:6418 ACRES HARVARD DRIVE RTE. 1246 GRAPHIC SCALE a 4 STOVERS o No. 002342 0 6 7- /z 4410 SUW151# a� S9— inch 40 ft. 179.06' 6n 179.26' 0 o- 0 0 0. to N CO -D o 1n EXHIBIT SHOWING TWO PROPERTIES' CURRENTLY STANDING IN THE. NAME, OF SHENANDOAH UNIVERSITY SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, NRGNIA SCALE: 1" =4-0' DATE: AUGUST 12, 2005 ONTG EERY Sgbtccriisg Qroup, Inc. 654 PRsperity Dr. (540) 4503236 Winchester, VA 22602 catrme6.com (540) 450 -3235 FAX SHEET 1 OF 1 Planning Commission: Board of Supervisors: REZONING APPLICATION #02 -06 SHENANDOAH UNIVERSITY Staff Report for the Planning Commission Prepared: March 1,2006 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 them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action March 15, 2006 Pending ,e,_ April 12, 2006 Pending PROPOSAL: To rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with proffers. LOCATION: The properties are located on the east side of Tulane Drive (Route 797) and west side of Price Drive, approximately 650' north of Millwood Pike (Route 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64 -A -109 and a portion of 64 -A -1 10 PROPERTY ZONING: RP (Residential Performance) District, HE (Higher Education) District, and B2 (Business General) District PRESENT USE: University Stadium and Residential ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) PROPOSED USES: University Facilities Use: Use: Use: Use: Residential Residential Residential Hotel University Facilities Rezoning #02 -06 Shenandoah University March 1, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little significant impact on Route 797. This route is the VDOT roadway which has been considered as the access to the property referenced. It is recommended the applicant proffer that all access to this property be through Tulane Drive. No access will be allowed along the frontage of Price Drive. 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, 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: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Millwood Station: No comments. Department of Inspections: No comment required at this time. Public Works Department: We have no comment at this time. Frederick Winchester Service Authority: No comment. Sanitation Authority: No comment. Frederick Winchester Health Department: The Health Department has no objection to the request as stated so long as no private drainfields or private /public wells are negatively impacted. Department of Parks Recreation: No comment. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: This property appears to be just on the outside edge of the Airport Support Area and the traffic pattern of the Winchester Airport. Due to the close proximity of this property to the flight pattern at Winchester Regional Airport, building occupants are likely to experience aircraft noise and fly -over nuisance from aircraft entering into or departing the flight pattern. As the airport continues to expand services and operations, noise associated with such expansion will likely increase. Property owners may be aware of the airport's existence, but should be forewarned about this potential problem. We advise the owner to take measures for noise attenuation during construction of their classroom facilities. This would help reduce any noise distraction during classes. Winchester Regional Airport if a vital line in the National Air Transportation System used by private Rezoning #02 -06 Shenandoah University March 1, 2006 Page 3 citizens, commercial air carriers; businesses and industries throughout the region to transport people and goods around the world. During the last eighteen months. there has been a dramatic increase in jet transient traffic at Winchester. In addition, we now have a medevac helicopter conducting operations throughout the day and night. The Winchester Regional Airport has a direct and principal economic impact on our community and is continually working towards expanding operations. To be successful in our ventures, we need citizen support, which causes us concern regarding the potential for complaints about aircraft noise. Frederick County Attorney: Please see airached leper dated !June 28, 2005, from Robert T. Michell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. The properties are within the study area of the First and Second Battles of Winchester; however, this area has already lost its integrity. 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). Site of the original farmhouse on the Lages land, the acreage that is now the College Park Subdivision, the property has been zoned RP (Residential Performance) since the consolidation of the existing R2 zoning classification with the RI, R3, and R6 zoning districts to create the RP (Residential General) District on September 28, 1983. The original College Park Subdivision was created around the parcels for which this current rezoning is being requested in 1970. The Pembridge Heights Subdivision further developed this area, including the residential lots located along Price Drive. The remaining portion of parcel 64-A-110 that is not subject to this rezoning request which was acquired by Shenandoah University, contains both B2 (Business General) and I -IE (Higher Education) District zoned land, and has developed according to Master Development Plan MDP #01 -91 which was revised in August of 1999 to enable a football stadium and fieldhouse facility on the east side of Interstate 81. Parcel 64 -A -109, totaling 0.6 acres, and the 0.6 acre portion of Parcel 64-A-110 are subject to this 1.2 acre rezoning request from RP (Residential Performance) District to HE (Higher Education) District. Rezoning #02 -06 Shenandoah University March 1, 2006 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. Land Use The subject properties included with this rezoning request are located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan recognizes the existing land uses of the parcels in this area and does not identify any desired future land use. However, the Eastern Frederick County Long Range Land Use Plan Map recognizes the institutional land uses associated with Shenandoah University in the vicinity of the properties. Such a land use designation could be applied to the subject parcels with the appropriate recognition of the character of the adjoining residential subdivision. The intent of the 1 -1E (Higher Education) District is to permit institutions of higher education in appropriate areas. Transportation The Comprehensive Plan does not presently identify any new road improvement projects in the immediate vicinity of this rezoning request. The street serving the existing and developing university facilities, Tulane Drive, was recently upgraded in accord with VDOT specifications to accommodate the development proposed with the Shenandoah University Master Development Plan. The intersection of Tulane Drive, Route 797, and Route 50 is ofa standard that can accommodate the traffic anticipated from the currently master planned Shenandoah University project, the College Park Subdivision, and the properties included with this rezoning request. Price Drive, the existing residential subdivision street on which the properties have frontage, is of residential character and additional traffic ofa non residential nature should be discouraged. 3) Site Suitability /Environment The site does not contain any environmental or historical features. More specifically, there are no identified areas of steep slopes, Iloodplain, or wetlands that should be addressed through this rezoning application or would constrain the development of the properties under the HE (Higher Education) zoning district classification. Parcel 64 -A -110 does contain a stormwater management facility that was created in conjunction with the Tulane Drive Road improvement project. Rezoning #02 -06 Shenandoah University March 1, 2006 Page 5 4) Potential Impacts A. Transportation No additional measurable transportation impacts are anticipated from the development of this 1.2 acre site on Tulane Drive, Route 797, and the intersection of Tulane Drive and Route 50. Staff would concur with the application's statement that the requested rezoning will expand the area available for the development of planned facilities and ancillary uses, but will not result in a discernable increase in traffic above what has already been planned and approved. It should be ensured that the access for any traffic generated by the development of this acreage is via Tulane Drive. In a letter dated May 2, 2005, the Virginia Department of Transportation recommended that the applicant proffer that all access to this property be through Tulane Drive. They further stated that no access will be allowed along the frontage of Price Drive. Staff would concur based upon the rationale that Tulane Drive was recently improved to a standard that would accommodate the anticipated traffic from the developing areas of Shenandoah University. Price Drive is a residential street that serves the existing residential uses, the character of which should be preserved with this rezoning application. The applicant should be prepared to address this issue and the Proffer Statement provides the applicant the opportunity to do so. B. Sewer and Water Public water and sewer service is provided to the site by the City of Winchester. Wastewater generated by the development of this site will be conveyed to the Opequon Waste water Treatment Facility. The ongoing development of University facilities has ensured that sufficient water and sewer infrastructure has been provided to accommodate any additional development that may occur on this site. C. Community Facilities and Impacts The Frederick County Development Impact Model has not been applied to HE (Higher Education) District rezoning requests in recognition of the unique impacts and benefits that institutions of higher education provide to the community. The impacts of the development of facilities within the HE (Higher Education) District on the surrounding community should be carefully evaluated. In particular, when the land for which the rezoning request is being sought is part of a residential community and the surrounding land uses are residential. In recognition of the need to ensure that areas of HE (Higher Education) District are appropriately integrated with the surrounding community, the HE (Higher Education) District section of the Zoning Ordinance enables the Planning Commission to require distance buffers and landscaping and /or full screening on lots which abut residential land uses. The size of the buffers and nature of the screening shall be based upon the amount of separation and screening needed. Rezoning 402 -06 Shenandoah University March 1, 2006 Page 6 Staff has previously encouraged the applicant to be proactive with regards to any landscaping and screening that could be applied to this property to ensure that the long term use of the property is appropriately integrated with the adjacent residential uses. It would be preferable for the applicant to propose an approach to addressing this issue which ensures that whatever the ultimate use of the acreage, the surrounding properties are not negatively impacted. It is important to remember that buildings, signs, and structures within the HE (Higher Education) District may be erected up to 45 feet in height, structures may be located up to 35 feet from any street, and parking areas may be located within live feet of any property line. With the approval of the Master Development Plan for the Football Stadium and Fieldhouse, the University provided a landscape buffer that was twenty feet in width and consisted of a double row of evergreen trees adjacent to the residential properties. The properties that are subject to this rezoning request provide a gateway to the University grounds. The opportunity exists for the applicant to address this issue in a manner that is aesthetically pleasing, both as a gateway to the University Stadium complex and to the adjacent neighbors and ensures that any future impacts from the development of this acreage are mitigated. Staff continues to encourage the applicant to propose an approach that could be incorporated into the proffer statement in some form. 5) Proffer Statement— Dated April 26, 2005 and revised February 15, 2006 The Proffer Statement contains one proffer that seeks to address the site development as it relates to transportation access. This proffer states that site access shall be limited to Tulane Drive, the internal campus road network, and the two existing entrance points on Price Drive. This proposed proffer does not appear to limit site access in any fashion and would enable the development of the subject properties to occur with primary access being via Price Drive. A more desirable approach may be to limit access to the 1.2 acre site to the University's internal street system via the extension of the recently improved Tulane Drive, thus minimizing any potential impacts to Price Drive and the existing residential land uses. Accommodations in the Proffer Statement may be appropriate to enable the existing residential structure to continue to utilize Price Drive. However, any new development and /or redevelopment of the site under the HE (Higher Education) designation should utilize an internal access point on Tulane Drive extended. STAFF CONCLUSIONS FOR 03 /15/06 PLANNING COMMISSION MEETING: The Shenandoah University rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan. Elements ofthe rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan and the intent ofthe HE (Higher Education) District. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to ensuring that the potential development ofthe HE (Higher Education) land uses are appropriately integrated with the surrounding residential community. Rezoning #02 -06 Shenandoah University March 1, 2006 Page 7 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. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission.