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HomeMy WebLinkAbout04-06 ApplicationJune 29, 2006 Mr. Patrick R. Sowers Patton Harris Rust Associates, PC 117 E. Piccadilly St., Ste. 200 Winchester. VA 22601 RE: REZONING #04 -06, ORRICK CEMETERY, INC. Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of June 28, 2006. The above referenced application was approved to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Mixed Use— Commercial and Residential (all age- restricted). The subject property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, and is identified with Property Identification Number 55 -A -201 in the Red Bud 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, wQCtnti� estoodk Susan K. Eddy Senior Planner SKE/bhd Attachment COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 REC cc: Orrick Cemetery, Inc., 501 S. Braddock St., Winchester, VA 22601 Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory S. Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 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. Planning Commission: Board of Supervisors: REZONING APPLICATION #04 -06 ORRICK CEMETERY, INC. Staff Report for the Board of Supervisors Prepared: June 19, 2006 Staff Contact Susan K. Eddy, Senior Planner Reviewed April 5, 2006 May 3, 2006 May 24, 2006 June 28, 2006 Action Not heard Recommended Approval Postponed for up to 60 days Pending PROPOSAL: To rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. LOCATION: The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55 -A -201 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) RA (Rural Areas) South: RP (Residential Performance) RA (Rural Areas) East: RP (Residential Performance) RA (Rural Areas) West: RP (Residential Performance) B2 (Business General) Use: Use: Use: Use: Residential and vacant Fire station and church Residential Country store and residential Residential Residential Residential Retail Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 2 PROPOSED USES: Mixed Use Commercial and Residential (all age- restricted) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Orrick Commons rezoning application signed December 2005 addresses transportation concerns associated with this request. While the proposed proffers appear acceptable, VDOT offers the following comments: 6.1 acceptable; 6.2 acceptable; 6-3 acceptable; 6.4 acceptable; 6.5 initially acceptable, but VDOT reserves the right to require additional dedications upon review of the site plan/entrance design. It should be noted that if 250' of separation from the proposed Greenwood entrance and Greenpark Drive cannot be achieved, the developer may be required to align the Greenwood entrance with Greenpark Drive. This would also require the developer to enter into a signalization agreement with VDOT. 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: Maintain access during all phases of construction. Municipal water supply for firefighting must be available as soon as combustible materials arrive on site. Plan approval recommended. Public Works Department: 1. Refer to page 3 of 6, C. Site Suitability: Include a discussion of the existing power line right -of -way and the impact on the proposed road network and related utility development. Provide a detailed wetlands delineation with the master development plan (MDP) submittal. A copy of the MDP should be submitted to the Corps of Engineers for their review and comment. Refer to page 5 of 6, D. Transportation: The discussion references the requirement for a right turn lane on westbound Senseny Road for vehicles turning north onto Greenwood Road. Considering this location is outside of the proposed rezoning boundaries, indicate if sufficient right -of- way is available at this location. Refer to page 6 of 6, F. Site Drainage: Indicate what types of low impact development techniques will be employed within the proposed development. Also, delineate how much of the existing vegetation will be preserved as riparian buffers. All permanent storm water management facilities shall be highlighted in the MDP. Refer to page 6 of 6, G. Solid Waste Facilities: This discussion indicates that the homeowners' association (HOA) will be responsible for trash collection within the residential portion of the project. However, the proffer statement, paragraph 3.2 indicates, "if they decide to use a commercial collection company This latter portion of item iii should be removed from the proffer statement, thereby making this a definite requirement of the HOA. Refer to page 3 of 7, proffer statement, paragraph 5.1: We applaud the use of BMP facilities. However, the maintenance of these facilities shall be included in the responsibilities of the HOA or commercial Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 3 property owners. Refer to page 10 of the Traffic Impact Analysis by Patton Harris Rust Associates: Revise the data in Table II to reflect the actual commercial development of 158,000 square feet, proposed in the Introduction paragraph (page 1 of 6) of the impact analysis. Staff Note: The issue of maintenance of BMP facilities has not been addressed by the applicant. Frederick County Inspections: No comment at this time. Shall comment at the time of site plan and subdivision lot review. Frederick Winchester Service Authority: No comment. Sanitation Authority: I concur with the water sewer comments made in the application package. Frederick Winchester Health Department: No objection if water and sewer are to be provided. Department of Parks Recreation: The proposed plan appears to provide a monetary proffer consistent with the county model for this housing type. The developer has also indicated that a public recreational park, including playground equipment equivalent to monetary value of the required recreational units, will be located within the 3.5 acres of open space provided. Plan also shows a bike trail, meeting Frederick County Parks and Recreation Department standards, along Senseny Road and Greenwood Road which is to be maintained by the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 175 single family and multi family units will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated May 3, 2006 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 is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. Planning Department: Please see attached letter dated January 26, 2006from Susan K Eddy, Senior Planner. Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 4 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan Land Use The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were 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. The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection, developing the western portion of the Orrick property for neighborhood commercial development and the eastem portion for residential, if done in a compatible manner, could be consistent with the Comprehensive Policy Plan. The multi family housing, in the center of the site, as proffered on the Generalized Development Plan, provides a transition between the retail portion of the site and the single family portion of the site. Siting elderly housing adjacent to retail /office uses is desirable, and with the safeguards called for in the Comprehensive Plan when multi family units are adjacent to single family units, the mix of uses could be consistent with the Comprehensive Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. Staff Note: The on -going Urban Development Area (UDA) Study has preliminarily designated this area for a neighborhood center. Before this could happen, community input would be Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 5 sought, and policies and standards would need to be adopted. As these steps have not taken place, the general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types would need to be followed Given the lack of details concerning the residential portion of the site, the county will need to be confident that the multi family housing will be compatible with the existing single family housing and that the commercial uses will be complementary with residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road and Greenwood Road as improved major collectors. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The idealized intersection design in the Comprehensive Plan (6 -15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right -of -way, and sidewalks. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. Staff Note: The applicant is implementing the Eastern Road Plan. On Senseny Road a new lane is being provided Following the Planning Commission meeting, the applicant proffered street trees along Senseny Road and Greenwood Road The most recent proffer statement (June 2, 2006) also proffers a median on Senseny Road. 3) Site Suitability /Environment No steep slopes exist on the property. No portion of this site is within the 100 -year flood plain according to the Flood Insurance Study Map for Frederick County. U.S.G.S. maps show one stream and one pond on the property, both in the northeast corner. The applicant has prepared a Wetland Delineation Report and a Request for Jurisdictional Wetlands Determination. That report documented two wetlands in the southeast corner of the site and one circular ditch holding water, that is not a jurisdictional water of the U.S. The wetlands will be further analyzed further at the MDP and site plan stages. Some mature woodlands, which may form part of the landscape requirement, are located on the eastern portion of the site. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Weikert- Berks Blairton soil association, which is the predominant association on land located east of Interstate 81. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. No soil types on this site are classified as prime farmland soil. 4) Potential Impacts A. Transportation Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 6 B. Sewer and Water C. Community Facilities Traffic Impact Analysis. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Two TIA addendums were also prepared. The first addendum (labeled Option B and numbered as pages 14a and 14b in the TIA) incorporates the alignment of the site entrance on Greenwood Road with Greenpark Drive. This is the proffered road alignment. The second addendum, dated April 5, 2006, models a different mix of uses than the original TIA. It models less retail floorspace but more office, more day -care and more overall floorspace (158,000 square feet) than originally modeled. The projected trip generation decreased slightly with this mix of commercial uses. Staff note: The precise mix of commercial uses and floorspace is not proffered. Only the maximum floorspace of 158,000 square feet is proffered. Using traffic generation figures from the T.T.E. Trip Generation Manual, 7 Edition, the revised TIA projects that the proposed development will produce 11,547 vehicle trips per day (VPD). The TIA further indicates that the study area roads and intersections have the capacity to accommodate the trips generated by the project at Level of Service C conditions or better, given the proffered improvements. Improvements to the intersection of Senseny Road and Channing Drive (turn lanes and signalization) have been proffered by the developers of the Channing land bays when the first site plan is submitted for their B2 area. The TIA shows level of Service D(F) at this intersection without the signalization proffered by others, but this failing level of service is reached with or without the Orrick development. Water and sanitary sewer facilities are available via the Lynnehaven Subdivision to the east. The majority of the site will be served via gravity flow from west to east. Using the standards water consumption rates for single family attached /multi- family residential uses and general consumption/office uses, the proposed development is projected to consume approximately 59,200 GPD (gallons per day) of water and produce equivalent sewer flows. The applicant has proffered $558 for each residential unit to offset the impacts to community facilities. This amount is based the County's new Development Impact Model. It includes double the amount listed for fire and rescue, and excludes the amount for schools because this is a proffered age restricted community. Staffnote: The impact model for Orrick was based on 55,000 square feet ofretail floorspace as this is proffered to be built prior to the occupancy of any residences The latest proffer statement includes a cash proffer of 8558 per residential unit for capital facilities which is much different than the 82,912 per unit originally proffered. The revision is based on the applicant's re- evaluation of the county's new Development Impact Model as it applies to age restricted dwellings. Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 8 Stuff Note: Earlier renderings presented to stafffor this project showed buildings on the pad sites close to Senseny Road and Greenwood Road, with the parking lots hidden behind. Staff has encouraged the applicant to commit to this layout. The most recent proffer statement (June 2, 2006) removed formed concrete as a material for commercial buildings. The multi family units will have facades of brick, stone, simulated stone, wood, Hardishingle and /or Harditrim, or materials of comparable quality, Azek Trimboards, Fypon brackets and /or cornice details, stucco and glass. The apartment structures will incorporate non symmetrical massing, bays and columned porches, as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. Staff note: As stated earlier, the county will want to be assured that the multi- family units are compatible with the surrounding single family units. The design proffers are vague and the proffered conceptual drawings lack detail. Staff is not convinced that a compatible design is guaranteed Also, Exhibit A shows a four story building. Acceptance of this exhibit does not give approval for a four story building. The proffer and exhibit relate only to non symmetrical massing, hays and columned porches. E) Parks and Recreation The applicant will design and construct a 3.5 acre park. If in the future both the county and applicant find it to be in the best interest of the county, this park may be dedicated to the county for use by the general public. The applicant will construct a ten foot asphalt pedestrian bike trail along Senseny Road and Greenwood Road, prior to occupancy of any commercial building. Staff Note: Originally the applicant had proffered to design and construct the 3.5 acre park to be open to the public, but owned and maintained by the residential homeowners association. Some Planning Commissioners had concerns over the long term maintenance and liability of such an arrangement on the homeowners association. Following the Planning Commission meeting, the applicant met with Parks and Recreation, who expressed a strong interest in a public park in this area. A number of steps would need to take place before the County could agree to accept the park Therefore, the proffer was revised to leave open the possibility that the park could be a public park. If not dedicated to the county, it would remain a private park. F) Signage Freestanding signs at the two commercial entrances will be limited to a single monument style sign. Each sign shall be limited to 20 feet in height. Pylon signs will be prohibited on the site. Staff Nole: Given the proximity of this site to residential uses, the applicant has been encouraged to consider signs with a reduced height and sign face. Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 9 G) Monetary Contribution For each residential unit the applicant has proffered: $248 for parks and recreation; $166 for fire and rescue; $37 for general government; $76 for public safety; and $31 for library $558 for capital improvements, plus $2,854 for road improvements to Senseny Road and Greenwood Road. Staff Note: In the latest proffer statement, as compared to the original proffer statement, the applicant has reduced the amount of cash proffer for public facilities from 82,912 to $558, per residential unit. This was based on the applicant 's re- evaluation of the County's Development Impact Model. The applicant has increased the amount of the transportation cash proffer from $500 to 82,854, per unit. Recent rezonings in the Senseny Road area have proffered larger contributions toward road improvements. H) Tree Save Following the Planning Commission meeting, a new proffer was added to preserve a minimum of 8,000 square feet of tree save area in the location depicted on the revised GDP. I) Corridor Enhancements Following the Planning Commission meeting, a new proffer was added to provide street trees along Senseny Road and Greenwood Road. J) Interior Landscaping At the Board of Supervisors meeting on May 24, 2006, the applicant added a proffer to provide a minimum of 6% landscaping of the interior portions of parking lots. This is reflected in the most recent proffer statement (June 2, 2006). STAFF CONCLUSIONS FOR 05/03/06 PLANNING COMMISSION MEETING: This application is somewhat consistent with the Comprehensive Policy Plan. The County will need assurances that the multi family units will be compatible with the neighboring single family homes. This can best be assured through more detailed design proffers. For the commercial component, the applicant should carefully consider road standards and corridor appearance standards concerning: 1.) a median on Senseny Road, 2.) street trees, 3.) the placement of buildings closer to the street, and 4.) reduced signage. This could become the county's first neighborhood center, but the county needs to be Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 10 assured, based on its currents policies and standards, that the development is of a high quality and compatible with its surroundings. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/03/06 MEETING: Commission members were supportive of the staffs recommendation for enhanced corridor appearance and spoke with the applicant about the possibility of providing street trees and a median along Senseny Road and street trees along Greenwood Road The applicant agreed to work with the staff to achieve an acceptable level of streetscape. Commissioners wanted to see a commitment from the applicant on improving the design of the parking lot for appearance and water infiltration. The applicant agreed to work directly with the staff for an improved design of the parking lot before going forward to the Board of Supervisors. Commission members also expressed concern about having the 3.5 -acre park owned and maintained by the HOA, but open to the public. Some members were not in favor of the park being opened to the public, while others favored the idea of a centrally located green area being available to the surrounding community. The applicant agreed to meet with the Department of Parks and Recreation before the Board of Supervisors meeting for their recommendation on the possibility of the park area being owned by the County and open to the public. There were no public comments regarding the proposed rezoning. Based upon the applicant's commitments, the Planning Commission, by a unanimous vote, recommended approval of Rezoning Application #04 -06 with enhanced corridor appearance to include trees along Senseny and Greenwood Roads; with the applicant to meet with the Parks and Recreation Department regarding the 3.5 -acre park; and with an agreement by the applicant to improve the design of the parking lot for appearance and water infiltration. (Note: Commissioner Ours was absent from the meeting.) STAFF CONCLUSIONS FOR 05/24/06 BOARD OF SUPERVISORS MEETING: This application is in general terms consistent with the Comprehensive Policy Plan. Staff had sought more detailed design proffers for the commercial and multi family residential buildings. Staff had also sought a median on Senseny Road. The Planning Commission requested street trees along Senseny Road and Greenwood Road and these are now proffered. The Planning Commission requested a discussion with Parks and Recreation on public dedication of the proposed park. Discussions have taken place and the proffer statement revised to allow for future dedication of the park to the county. The Planning Commission's recommendation on the parking lot design and water infiltration has not been addressed by the applicant, despite suggestions from staff. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 05/24/06 MEETING: Patrick Sowers, Patton Harris Rust Associates, and David Harper, Paramount Development, appeared before the Board on behalf of the applicant. They explained the applicant's interpretation of the development impact model. They stated the design proffers were purposely vague in order to allow the best design to be brought forward. With regard to the Planning Commission conditions, the applicant has proffered the street trees, the median will be left up to VDOT to recommend, and the parking lot design will not change because the shale geology is not conducive to green paving to allow water run- Rezoning #04 -06 Orrick Cemetery, Inc. June 19, 2006 Page 11 off. Mr. Sowers then submitted a revised proffer statement and directed the Board to proffer #19, which increased the interior parking lot landscaping requirement from 5% to 6 During the public hearing several representatives of Orrick Cemetery, Inc (H. M. Brooks, Chairman, Bill Buckner, Vice President, Viola Gaither, and Dick Merlin Briscoe) spoke on the philanthropic mission of the Cemetery, including working with youth, the elderly, substance abusers and those in need of housing. Four residents of the Red Bud District (Joanne Leonardis, Chris Collins, Richard Crane, Teresa Collins) also spoke on the project. Residents had concerns with some of Orrick's social projects and the age- restricted nature of the residential site. There was support for the park being public and for walking /bike paths. Development compatible with the existing community was stressed. Mr. Hamer clarified the non -profit work of Orrick would be financed by this project. Supervisor Lemieux advised that he had met with the applicant and he believed this application was lacking in several areas. Supervisor voted to postpone the rezoning for up to 60 days. STAFF CONCLUSIONS FOR 05/24/06 BOARD OF SUPERVISORS MEETING: This application is in general terms consistent with the Comprehensive Policy Plan. Staff had sought more detailed design proffers for the commercial and multi- family residential buildings. The concerns of the Planning Commission have been addressed by the applicant in the latest proffer statement. Since the public hearing, the applicant has also added to their cash contribution for fire and rescue and for transportation. The required public hearing for this application took place on May 24, 2006. A decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. XVI ENMAIrl, TIMOTHY HOMIER, RUMS LAUPINE BAYSERNPM IUTEc WAGDM ERBFVNW 0.5 A 205 LMNEN2VLM, LL D urum N emnnxi 01 (Business Nei or o ra) Ms lMee 52)BUeln nNa0 a RA IRng ca n nrlvu R R a n oecolmmrrnM putrid} B,IBn r ,en. 55 enrol a 05(0 05501Yl Recnxllun *IcunrmunryDln EM (Extracts( Manufacturing Patna) Q PPIRUVr Areas Muth., ME1 E L nlbn gl ar) 0 as Parlormanm Dianne} (Industrial Disbar) Midi (Mobile xomecommonTy Dad REZ #04 -06 Orrick Cemetery (55 -A -201 ...I .55 e M Dieted) C ez is,,..eee. ee„e,. 00 e a3 (B.. e DA ren.nme M„m.n.nno Den t) e xE(xiune, Fnumiwn MMnk e 01Onde.n.l. Light Mate* mi o MnI {Mnene Notre Community Dive a�� e Ms (Met/s„opnunint O R4 (Residenhel Planned Cettmently U mt) O 05Rsde.,Ma ta.a Moms..* omrcn o RAlR.1elaeeeDetect) O RP (Renneneaven>,menm Dated) REZ 04 06 Orrick Cemetery (55 -A -201) Feet BOWMAN MSIE O MI (Mumma ou n24p NM (Metal Support nutaep Q 92 Mum .ulry Q MI (Residenhal.Planond Communny •m ImI n Br 1BUn mm i RAip e e e e pmm.m wnnnl Eu lEtlnnrve M.nula uuMnp oinR9 O MIMUnden al p m-10m .aon I( an.. 0 Mp,Re,iamtin.nem.�n M n MI wn o�ne�w �i o M WO(MoM eHom"Ca mDmIrmt) REZ #04 -06 Orrick Cemetery (55 -A -201) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Fee,Ainount;Paid'$ umber ti/ —O(o Date 'Received .BOS,Heanng•Date; "Zoning Ainendment PC ,5:3 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: Paramount Development Corporation Telephone: (843) 361 -4433 Address: c/o David Harper 607 Briarwood Drive, Suite 5, Myrtle Beach, South Carolina 29572 2. Property Owner (if different than above) Name: Orrick Cemetery, Inc. c/o Address: 501 S Braddock St Winchester, VA 22601 3. Contact person if other than above Name: Patrick R. Sowers Patton Harris Rust Associates, pc Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Location Map Plat Deed of property Verification of taxes paid Telephone: (540) 722 -4463 4. Checklist: Check the follovving items that have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement Telephone: (540) 667 -2139 1 5. The Code of Virginia allows as 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: Orrick Cemetery, Inc. Paramount Development Corporation Orchard Development 6. A) Current Use of the Property: Vacant B) Proposed Use of the Property: Mixed Use Commercial/Residential 7. Adjoining Property: SEE ATTACHED PARCEL ID NUMBER 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). The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along both roadways. 2 9. Signature: I (we), the undersigned, dofiereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the -signisaued 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) 49/,tit -le ark pe aternot5 Date cfNti'K— at: Owner(s) .2- M ON Date 46 Date (n O Name Property Identification Number (PIN) Address Name: Greenwood Vol. Fire Company Property 55 -A -199 809 Greenwood Rd Winchester, VA 22602 Name: Property Greenwood Baptist Church 55 -A -192 781 Greenwood Rd Winchester, VA 22602 Name: Property Bettie E. Winslow 55 -A -184 711 Greenwood Rd Winchester, VA 22602 Name: Property Briarwood, LC 55 -A -200 205 N. Cameron St Winchester, VA 22601 Name: Property Chris S. and Carla A. Hammond 55J -1 -6 -118 210 Trefoil Ct Winchester, VA 22602 Name: Property David R. and Kay E. Jarl 55J -1 -6 -119 212 Trefoil Ct Winchester, VA 22602 Name: Property Briarwood Estates HOA 55J- 1- 9 -193A Name: Property Stephen P. and Angela C. Pforr 55J -1 -9 -194 120 Teaberry Dr Winchester, VA 22602 Name: Property John B. and Elizabeth C. Tullis 55J -1 -9 -195 122 Teaberry Dr Winchester, VA 22602 Name: Property Alberto C. Otoya 55J -1 -9 -196 124 Teaberry Dr Winchester, VA 22602 Name: Property John Shields 55J -1 -9 -197 126 Teaberry Dr Winchester, VA 22602 Name: Property Michael J. Rudolph 55J -1 -9 -198 128 Teaberry Dr Winchester, VA 22602 Name: Property Mark and Melinda A. Dowsett 55J -1 -9 -199 130 Teaberry Dr Winchester, VA 22602 Name: Property Ronald C. and Elizabeth A. Dishong 55J -1 -9 -204 215 Ladyslipper Dr Winchester, VA 22602 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the r floor of the Frederick County Administrative Building, 107 North Kent Street. 4 Name: Property Charles R. Campbell 55K- 1 -2 -25 401 Farmington Blvd Winchester, VA 22602 Name: Property Gene and Laurie L. Orr 55K- 1 -1 -24 400 Farmington Blvd Winchester, VA 22602 Name: Property James E. and Karen S. Neaverth 55K- 1 -1 -14 118 Sesar Ct Winchester, VA 22602 Name: Property Therese M. and Christopher E. Collins 55K- 1 -1 -13 120 Sesar Ct Winchester, VA 22602 Name: Property Paula K. McDonald 55K- 1 -1 -12 121 Sesar Ct Winchester, VA 22602 Name: Property Lynnehaven HOA 55K- 1 -1 -24A Name: Property Russell W. and Velma Moreland 65 -A -23 2105 Senseny Rd Winchester, VA 22602 Name: Property George T. Damko 65 -A -22 2097 Senseny Rd Winchester, VA 22602 Name: Property Rocky J. Rhodes et als 65 -A -21 2085 Senseny Rd Winchester, VA 22602 Name: Property Charles D. Lloyd 55 -A -203 2045 Senseny Rd Winchester, VA 22602 Name: Property Charles D. Lloyd 55 -A -202 2045 Senseny Rd Winchester, VA 22602 Name: Property Shane P. Taylor 65A -1 -8 2037 Senseny Rd Winchester, VA 22602 Name: Property Henry J. Agregarrd III 65A -1 -7 2031 Senseny Rd Winchester, VA 22602 Name: Property Skip and Vickie A. Baker 65A -1 -6 2025 Senseny Rd Winchester, VA 22602 Name: Property Ernest H. and Lena Lawrence 65A -1 -5 2019 Senseny Rd Winchester, VA 22602 Name: Property Melvin.G.- Saville Jr. 65A -1 -4 2015- Senseny _Rd Winchester, VA 22602 Name: Property Genoa T. Kees 65A -1 -3 2009 Senseny Rd Winchester, VA 22602 Name: Property Valley, LLC 65A -1 -2 2003 Senseny Rd Winchester, VA 22602 Name: Property Edward G. and Mary L. Sinkoski 65A -1 -1 1997 Senseny Rd Winchester, VA 22602 Name: Property Myra C. Hughes 65A -2 -1 -8 1986 Senseny Rd Winchester, VA 22602 Name: Property Gregory S. and Janet M. Puffinburger 65A -2 -1 -7 1978 Senseny Rd Winchester, VA 22602 Name: Property Michael C. Dorgan 65A -2 -1 -6 1968 Senseny Rd Winchester, VA 22602 Name: Property Donald E. Strauss 65A -2 -1 -5 1958 Senseny Rd Winchester, VA 22602 5 Name: Franklin B. Anderson Property 65A -2 -1 -4 1948 Senseny Rd Winchester, VA 22602 Name: Kenneth L. and Shirley A. Mason Property 65A -2 -1 -3 1930 Senseny Rd Winchester, VA 22602 Name: Kenneth L. and Shirley A. Mason Property 65A -2 -1 -2 1930 Senseny Rd Winchester, VA 22602 Name: Cora V. Clark Property 65A -2 -1 1932 Senseny Rd Winchester, VA 22602 Name: Property Cora V. Clark 55 -A -196 1932 Senseny Rd Winchester, VA 22602 Name: Property Timothy and Mary Stafford 55 -A -197 1905 Senseny Rd Winchester, VA 22602 Name: Property Green Sen, LLC 55 -A -198 1893 Senseny Rd Winchester, VA 22602 Name: Property TCG Management, LLC 55 -A -194 847 Lake St Clair Winchester, VA 22603 Name: Property Country Park Homeowners Association 55D -1 -34A RR 5 Box 525 Winchester, VA 22603 6 UNE TABLE UNE BEARING LENGTH L1 N6952'58'W 47.12' L2 N69'00'30'W 179.88' L3 N6858'22'6 60.81' L4 N6931 157.62' L5 N1525'06'E 138.60' L6 N7434'54'W 75.00' L7 51525'06'W 21.11' LB N73'05'S4'W 78.50' L9 N13'46'06'E 67.85' CURVE TABLE CURVE RADIUS LENGTH TANGENT BEARING CHORD DELTA C1 5759.58' 74.04' 37.07 N7424'03' 74.04' 0'44'11' C2 11429.16' 80.47 40.23' N74'34'02'W 80.47 024'12' L6 r �S> 6.avf i f General Commercial (B2) 22.06 Acres C4 r, Atig3g„, L7 Residential Performance (RP) 33.61 Acres OWE n1 gilbert w. Clifford associates tqls ters Son LAS ASS ORRICK COMMONS REZONING BOUNDARY EXHIBIT FREDERICK COUNTY, VIRGINIA oNSI again sal 1 Of 1 Yee Wit wn vat xn Ill in UNE TABLE LENGTH1 UNE BEARING 11 N69'52'5801 47.12' L2 N69'00'30 'W 179.08' L3 N68'58'22"W 60.81' L4 N6911'12'9/ 157.62' L5 N15'25'06 "F 138.60' L6 N7634'54 "W 75.00' 17 515'25'06 "W 21.11' LB N73'05'54 78.50'' L9 1413'46'06 "E 67.85' CURVE TABLE CURVE RADIUS LENGTH TANGENT BEARING CHORD DELTA C1 5759.58' 7 37.02' N74'24'03 W 74.04' 0'44'11' C2 11429.16' 80.4' 40.23' N74'34'02"W 80.4T 024'12 ADDITIONAL ADJOINERS: TMP 55 -A -197 N/F RAY B. FRANCES J. TAYLOR DB 291. PG 362 IMP 55 -A -198 N/F GREEN SEN, LLC. INST 1040021106 TMP 55 -A -202 N/F CHARLES D. LLOYD PENNY L. RITENOUR DB 942, PC 17 The 55-A-1 AO N GREENWOOD 16 n l B P 7/ST CHURCH S 19 514, PC 21.5 1, 15 h 'P qV b. GREENWOOD NW y'k.7 70/6 55-A-737 A IIIVOLVN7EER FIRE CO N/F BR /ARW MANOR, L.C. Ell T8 .56.5, PG 600 KT MATNER /RACT 1 Afn II 52 J SIREnu >p.._ INST /040016438 r OZ s P II L ��G I s R 1 91 E3 gae pfn ti0 WIRE FENCE MRE FFHEE )p m o: R. Q: -11 (�F IPF (W UNE) (P70° 4 4 [xuM1x5 FENCE m O swn(E P051 FOAM 4. 9> CH 0ORMNADE ES915 TMP 5 201 y aE1 �p a 055. PC 2 24 ORRICK CEMETE SURVEYE C I >-061L1 7 t+1 25' TD 2 1 2,4 2 5.020 (A5 N O W SF/55.6700 AC m K MFH wE PENCE. 7 E NCE Rxrr DIRT ROAD TMP 55 -4 -203 N/F CHARLES D. LLOYD DB 820, PG 345 001. NOTES: DINCNESTEER I TMP 65 -A -21 N/F RICHARD L. RHODES Gc CORA F. RHODES DB 543, PC 97 TMP 65 -A -22 N/F GEORGE T. DAMKO DB 505, PG 845 IMP 65 -A -23 N/F RUSSELL W. VELMA MORELAND DB 344, PG 311 I. FREDERICK COUNTY TA% MAP. 55 -A -201, N/F BR /ARWOOD MANOR, L.C. TRACT 2 (12' SOAP) INST /0400164.58 IMP 55 -A -184 W N�WINSLO E OB 416 PC 645 91 •cctsrcwr DEM Aert P G�et DN >MP 7 R.acr s EN SENY� "T �;R RpAp (6 D•p7,RQU 2 BOUNDARY INFORMATION 15 BASED 014 A CURRENT FIELD RUN PURSUANT TO THE DEED OF CONVEYANCE RECORDED IN 08 337. PG 179 AMONG THE LAND RECORDS OF FREDERICK COUNTY, NRCANIA. DATE OF LAST FIELD INSPECTION: AUG. 30. 2005. 3. BASIS OF MERIDIAN SHOWN HEREON IS A FIELD RUN GPS SURVEY CONDUCTED BY 19115 FIRM DURING JUNE 2005. WHICH TIES 11115 PROJECT TO TAGS (CORS) PIP AJ 4467 HAG2. 4. CERTAIN IMPROVEMENTS SHOWN HEREON (INTERIOR FENCE UNES, UTILITY STRUCTURES, BUILDINGS, ROADS. STREAMS. HEDGES. PARKING) ARE DERIVED FROM PHOTOGRAMMETRIC AERIAL MAPPING FL0941 JUNE 14. 2005, COMPILED BY McKENZIE 5NYDER, INC. OF ASHBURN, 'RGINIA. 5. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP(5) COMMUNITY PANEL Nos. 510063 01158 510063 01208. BOTH EFFECTIVE JULY 17, 1978: THE SUBJECT PROPERTY UES WITHIN ZONE C (AREA OF MINIMAL FLOODING). 6. THE LOCATION OR EXISTENCE OF UNDERGROUND MITRES. HAZARDOUS MATERIALS, ENVIRONMENTALLY SENSITIVE OR DAMAGED AREAS OR WETLANDS (IF ANY) IS NOT DETERMINED BY THIS SURVEY. 7. ADJOINING PROPERTY INFORMATION WAS DERIVED FROM THE FREDERICK COUNTY PARCEL MAPPING SERVICE JUNE 13, 2005. LEGEND: NP TAX MAP PARCEL HPB HIGHWAY PLAT BOOK DB DEED BOOK PC PACE AC ACRES IPF IRON PIPE FOUND IRE IRON ROD FOUND PPE PINCH PIPE FOUND IRS IRON ROD SET N/F NOW OR FORMERLY INST J INSTRUMENT NUMBER R/W RICHT OF WAY CL CENTERUNE 5060 SUBDIVISION SW 'SIDEWALK 51M 5115 STORM DRAINAGE STRUCTURE A UTILITY POLE (MTH GUY) 0 LIGHT POLE 0 or FH FIRE HYDRANT b FLAG POLE Q HEDGE/BUSH NVPC NORTHERN VIRGINIA POWER COMPANY WEN F1H➢ of N DETO el IRS4y 4/5 /6 T e, ,��'�N �IB 1 �Q 1 R.Lgk a ry gp 5 00 SOR FENCE PARE FENCE K MR R. PREPARED WITHOUT BENEFIT OF A TILE REPORT. 9. YA PA REFERENCE TO ME COURSE N64'38 'W, 37673' ESTABLISHED BY THIS SURVEY: THE PROPERTY DESCRIPTION FOR PARCEL 2, TMP 65 -A -22 CONTAINED IN DB 505, PG 845 (DERIVED FROM 06 190, PC 246, REFERENCED IN DB 337, PG 179) IS AMBIGUOUS. BASED ON A FIELD SURVEY AND INSPECTION OF THE PREMISES. THE ACTUAL LOCATION OF THE COMMON LINE IN THE FIELD (IF ANY) BETWEEN THE SUBJECT PROPERTY AND PARCEL 2, TMP 65 -A -22 IS NOT READILY APPARENT. SAID COURSE WAS ESTABLISHED BY (GENERALLY) HOLDING THE EXISTING WIRE FENCEUNE (THE APPARENT LINE OF POSSESSION). IP 111E COURSE ESTABLISHED BY THIS SURVEY 15 NOT COMMON 94111 PARCEL 2, 110P 65 -A -22: THEN THERE 15 A PROBABLE GAP BETWEEN THE PROPERTIES. 3. 4 0 3 4.> R1g4.2v436> P bh I R M1 $ap 6 5 P DETAIL SCALE: 1" =100' VICINITY MAP h 4 fS SCALE: 1' 1000' p O8 �S 200 100 0 100 200 1 =200 BOUNDARY SURVEY PROPERTY OF- ORRICK CEMETERY COMPANY, INC. DEED BOOK 337, PAGE 179 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 a 200' DATE: AUGUST 30, 2005 117 FAN P4dOSW 51ms 6MS 202 WMeuw. W0WS 22601 F 5406673119 F 940065.8491 SHEET 1 04 1 Patton Harris Hu 6 As cite ,pe Engineers. 5017151. Manners. 087/,849. Archita 9 N, i Proposed Pedestrian-Biqcle Ti i 2:3 COMI Z a 0 cylE- 3 3.6 Acres) Proposed Pgdestrian\ 0 s ii%3/4. Bicycle Trail 1 0 t•, NO. Add tree save area DESCRIPTION 5/12/06 DATE PRS REVSD REVMD *WO REVISION DESIGN PRS DRAWN TWP CHECKED PRS SHEET 1 Of 1 SURVEY CATE NOVEMBER 15, 2005 Semi NTS raz Planning Commission: Board of Supervisors: North: South: East: West: REZONING APPLICATION #04 -06 ORRICK CEMETERY, INC. Staff Report for the Board of Supervisors Prepared: May 15, 2006 Staff Contact: Susan K. Eddy, Senior Planner 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 April 5, 2006 May 3, 2006 May 24, 2006 MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55 -A -201 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: RP (Residential Performance) RA (Rural Areas) RP (Residential Performance) RA (Rural Areas) RP (Residential Performance) RA (Rural Areas) RP (Residential Performance) B2 (Business General) 1TOT CURRENT Action Not heard Recommended Approval Pending PROPOSAL: To rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, LOCATION: The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways. Use: Use: Use: Use: Residential and vacant Fire station and church Residential Country store and residential Residential Residential Residential Retail Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 2 REVIEW EVALUATIONS: PROPOSED USES: Mixed Use Commercial and Residential (all age- restricted) Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Orrick Commons rezoning application signed December 2005 addresses transportation concerns associated with this request. While the proposed proffers appear acceptable, VDOT offers the following comments: 6.1 acceptable; 6.2 acceptable; 6-3 acceptable; 6.4 acceptable; 6.5 initially acceptable, but VDOT reserves the right to require additional dedications upon review of the site plan/entrance design. It should be noted that if 250' of separation from the proposed Greenwood entrance and Greenpark Drive cannot be achieved, the developer may be required to align the Greenwood entrance with Greenpark Drive. This would also require the developer to enter into a signalization agreement with VDOT. 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: Maintain access during all phases of construction. Municipal water supply for firefighting must be available as soon as combustible materials arrive on site. Plan approval recommended. Public Works Department: 1. Refer to page 3 of 6, C. Site Suitability: Include a discussion of the existing power line right -of -way and the impact on the proposed road network and related utility development. Provide a detailed wetlands delineation with the master development plan (MDP) submittal. A copy of the MDP should be submitted to the Corps of Engineers for their review and comment. Refer to page 5 of 6, D. Transportation: The discussion references the requirement for a right turn lane on westbound Senseny Road for vehicles turning north onto Greenwood Road Considering this location is outside of the proposed rezoning boundaries, indicate if sufficient right -of- way is available at this location. Refer to page 6 of 6, F. Site Drainage: Indicate what types of low impact development techniques will be employed within the proposed development. Also, delineate how much of the existing vegetation will be preserved as riparian buffers. All permanent storm water management facilities shall be highlighted in the MDP. Refer to page 6 of 6, G. Solid Waste Facilities: This discussion indicates that the homeowners' association (HOA) will be responsible for trash collection within the residential portion of the project. However, the proffer statement, paragraph 3.2 indicates, "if they decide to use a commercial collection company This latter portion of item iii should be removed from the proffer statement, thereby making this a definite requirement of the HOA. Refer to page 3 of 7, proffer statement, paragraph 5.1: We applaud the use of BMP facilities. However, the maintenance of these facilities shall be included in the responsibilities of the HOA or commercial Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 3 property owners. Refer to page 10 of the Traffic Impact Analysis by Patton Harris Rust Associates: Revise the data in Table II to reflect the actual commercial development of 158,000 square feet, proposed in the Introduction paragraph (page 1 of 6) of the impact analysis. Staff Note: The issue of maintenance of BMP facilities has not been addressed by the applicant. Frederick County Inspections: No comment at this time. Shall comment at the time of site plan and subdivision lot review. Frederick Winchester Service Authority: No comment. Sanitation Authority: I concur with the water sewer comments made in the application package. Frederick- Winchester Health Department: No objection if water and sewer are to be provided. Department of Parks Recreation: The proposed plan appears to provide a monetary proffer consistent with the county model for this housing type. The developer has also indicated that a public recreational park, including playground equipment equivalent to monetary value of the required recreational units, will be located within the 3.5 acres of open space provided. Plan also shows a bike trail, meeting Frederick County Parks and Recreation Department standards, along Senseny Road and Greenwood Road which is to be maintained by the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 175 single family and multi family units will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated May 3, 2006 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 is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. Planning Department: Please see attached letter dated January 26, 2006from Susan K. Eddy, Senior Planner. Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 4 Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1J Land Use The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection. developing the western portion of the Orrick property for neighborhood commercial development and the eastern portion for residential, if done in a compatible manner, could be consistent with the Comprehensive Policy Plan. The multi family housing, in the center of the site, as proffered on the Generalized Development Plan, provides a transition between the retail portion of the site and the single family portion of the site. Siting elderly housing adjacent to retail /office uses is desirable, and with the safeguards called for in the Comprehensive Plan when multi family units are adjacent to single family units, the mix of uses could be consistent with the Comprehensive Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. StaffNote: The on -going Urban Development Area (UDA) Study has preliminarily designated this area for a neighborhood center. Before this could happen, community input would be Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 5 sought, and policies and standards would need to be adopted. As these steps have not taken place, the general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types would need to be followed. Given the lack of details concerning the residential portion of the site, the county will need to be confident that the multi family housing will be compatible with the existing single-family housing and that the commercial uses will be complementary with residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road and Greenwood Road as improved major collectors. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The idealized intersection design in the Comprehensive Plan (6 -15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right -of -way, and sidewalks. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. StaffNote: The applicant is partially implementing the Eastern Road Plan. On Senseny Road a new lane is being provided. Following the Planning Commission meeting, the applicant proffered street trees along Senseny Road and Greenwood Road However, the applicant has not committed to a median on Senseny Road. 3) Site SuitabilitvfEnvironment No steep slopes exist on the property. No portion of this site is within the 100 -year flood plain according to the Flood Insurance Study Map for Frederick County. U.S.G.S. maps show one stream and one pond on the property, both in the northeast corner. The applicant has prepared a Wetland Delineation Report and a Request for Jurisdictional Wetlands Determination. That report documented two wetlands in the southeast corner of the site and one circular ditch holding water, that is not a jurisdictional water of the U.S. The wetlands will be further analyzed further at the MDP and site plan stages Some mature woodlands, which may form part of the landscape requirement, are located on the eastern portion of the site. The General Soil Map of the Soil Survey of Frederick County. Virginia indicates that the soils comprising the subject parcel fall under the Weikert- Berks- Blairton soil association, which is the predominant association on land located east of Interstate 81. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. No soil types on this site are classified as prime farmland soil. 4) Potential Impacts A. Transportation Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 6 B. Sewer and Water Traffic Impact Analysis. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Two TIA addendums were also prepared. The first addendum (labeled Option B and numbered as pages 14a and 14b in the TIA) incorporates the alignment of the site entrance on Greenwood Road with Greenpark Drive. This is the proffered road alignment. The second addendum, dated April 5, 2006, models a different mix of uses than the original TIA. It models less retail floorspace but more office, more day -care and more overall floorspace (158,000 square feet) than originally modeled. The projected trip generation decreased slightly with this mix of commercial uses. Staff note: The precise mix of commercial uses and floorspace is not proffered. Only the maximum floorspace of 158,000 square feet is proffered. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7 Edition, the revised TIA projects that the proposed development will produce 11,547 vehicle trips per day (VPD). The TIA further indicates that the study area roads and intersections have the capacity to accommodate the trips generated by the project at Level of Service C conditions or better, given the proffered improvements. Improvements to the intersection of Senseny Road and Channing Drive (turn lanes and signalization) have been proffered by the developers of the Channing land bays when the first site plan is submitted for their B2 area. The TIA shows level of Service D(F) at this intersection without the signalization proffered by others, but this failing level of service is reached with or without the Orrick development. Water and sanitary sewer facilities are available via the Lynnehaven Subdivision to the east. The majority of the site will be served via gravity flow from west to east. Using the standards water consumption rates for single family attached /multi- family residential uses and general consumption/office uses, the proposed development is projected to consume approximately 59,200 GPD (gallons per day) of water and produce equivalent sewer flows. C. Community Facilities The applicant has proffered $475 for each residential unit to offset the impacts to community facilities. This amount is based the County's new Development Impact Model. It excludes the amount for schools because this is a proffered age restricted community. Staffnote: The impact model for Orrick was based on 55,000 square feet of retail floorspace as this is proffered to be built prior to the occupancy of any residences The latest proffer statement includes a cash proffer of $475 per residential unit for capital facilities which is much different than the 82,912 per unit originally proffered. The revision is based on the applicant's re- evaluation of the county's new Development Impact Model as it applies to age restricted dwellings. Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 7 A) Land Use C) Transportation 5) Proffer Statement Dated December 6, 2005 and Revised May 12, 2006 Generalized Development Plan Dated November 15, 2005 and Revised May 12, 2006 Commercial floorspace shall not exceed 158,000 square feet. A minimum of 55,000 square feet of commercial floorspace shall be constructed prior to occupancy of any residential dwelling. Adult retail uses are prohibited and car washes are prohibited adjacent to residential properties. All units will be age- restricted and will comprise a mix of single family and multi- family units. B) Homeowners Association The residential homeowners association (HOA) will own and maintain all common areas. The HOA will be responsible for a common solid waste disposal program provided by a collection company. The applicant will install a traffic signal at the project entrance on Senseny Road, provide a left turn lane on eastbound Senseny Road at that entrance, and provide a new westbound lane on Senseny Road from the eastern end of the property to the intersection of Senseny Road and Greenwood Road. The applicant will install a new northbound lane on Greenwood Road from the intersection of Greenwood Road and Senseny Road to the project entrance on Greenwood Road. The applicant will install signalization at the entrance on Greenwood Road when requested by VDOT. All other road improvements to Senseny Road and Greenwood Road will be completed prior to occupancy of any commercial buildings. The applicant will dedicate an additional 10 feet of right -of -way on Senseny Road and 15 feet of right -of -way on Greenwood Road to VDOT, within 90 days of notice by the county. Access along Senseny Road and Greenwood Road will be limited to one entrance on each. The applicant will connect the residential and commercial portions of the site. The site access on Senseny Road will have a median with street trees at the entrance. Inter- parcel connectors with adjacent properties will be identified at the Master Development Plan (MDP) stage. StaffNote: The Eastern Road Plan calls for Senseny Road to be improved to a major collector. The county standards calls for a four lane divided section with landscaping along the edge of the right -of -way and a landscaped median. While sufficient right -of -way may not exist for a full median with trees, a portion of the median could be provided with this project such that a full median can be provided when the south side of Senseny Road develops. The applicant has proffered to construct Farmington Boulevard on their property to base pavement, and bonded to final payment, prior to issuance of a certificate of occupancy for the first single family dwelling unit. Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 8 D) Design Standards The principal facade and any other facade facing Senseny Road or Greenwood Road of any commercial building will be limited to a cast stone, stone, brick, formed concrete, glass, wood stucco or other masonry. All commercial buildings will have standing seam metal roofs. Staff Note: Earlier renderings presented to staff for this project showed buildings on the pad sites close to Senseny Road and Greenwood Road, with the parking lots hidden behind. Staff has encouraged the applicant to commit to this layout. Staff also has concerns with the use of formed concrete as a possible dominant building material. The multi family units will have facades of brick, stone, simulated stone, wood, Hardishingle and /or Harditrim, or materials of comparable quality, Azek Trimboards, Fypon brackets and/or cornice details, stucco and glass. The apartment structures will incorporate non symmetrical massing, bays and columned porches, as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. Staff note: As stated earlier, the county will want to be assured that the multi family units are compatible with the surrounding single family units. The design proffers are vague and the proffered conceptual drawings lack detail. Staff is not convinced that a compatible design is guaranteed. Also, ExhibitA shows a four storey building. Acceptance of this exhibit does not give approval for a four storey building. The proffer and exhibit relate only to non symmetrical massing, bays and columned porches. E) Parks and Recreation The applicant will design and construct a 3.5 acre park. If in the future both the county and applicant find it to be in the best interest of the county, this park may be dedicated to the county for use by the general public. The applicant will construct a 10 foot asphalt pedestrian bike trail along Senseny Road and Greenwood Road, prior to occupancy of any commercial building. StaffNote: Originally the applicant had proffered to design and construct the 3.5 acre park to be open to the public, but owned and maintained by the residential homeowners association. Some Planning Commissioners had concerns over the long term maintenance and liability of such an arrangement on the homeowners association. Following the Planning Commission meeting, the applicant met with Parks and Recreation, who expressed a strong interest in a public park in this area. A number of steps would need to take place before the County could agree to accept the park. Therefore, the proffer was revised to leave open the possibility that the park could be a public park If not dedicated to the county, it would remain a private park. F) Signage Freestanding signs at the two commercial entrances will be limited to a single monument style sign. Each sign shall be limited to 20 feet in height. Pylon signs will be prohibited on the site. Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 9 Staff Note: Given the proximity of this site to residential uses, the applicant has been encouraged to consider signs with a reduced height and sign face. G) Monetary Contribution For each residential unit the applicant has proffered: $248 for parks and recreation; $83 for fire and rescue; $37 for general government; $76 for public safety; and $31 for library; $475 for capital improvements, plus $1,500 for road improvements to Senseny Road and Greenwood Road Staff Note: In the latest proffer statement, as compared to the original proffer statement, the applicant has reduced the amount of cash proffer for public facilities from $2, 912 to $475, per residential unit. This was based on the applicant's re- evaluation of the County's Development Impact Model. The applicant has increased the amount of the transportation cash proffer from $500 to Si, 500, per unit. Recent rezonings in the Senseny Road area have proffered larger contributions toward road improvements. H) Tree Save Following the Planning Commission meeting, a new proffer was added to preserve a minimum of 8,000 square feet of tree save area in the location depicted on the revised GDP. I) Corridor Enhancements Following the Planning Commission meeting, a new proffer was added to provide street trees along Senseny Road and Greenwood Road. STAFF CONCLUSIONS FOR 05/03/06 PLANNING COMMISSION MEETING: This application is somewhat consistent with the Comprehensive Policy Plan. The County will need assurances that the multi family units will be compatible with the neighboring single family homes. This can best be assured through more detailed design proffers. For the commercial component, the applicant should carefully consider road standards and corridor appearance standards concerning: 1.) a median on Senseny Road, 2.) street trees, 3.) the placement of buildings closer to the street, and 4.) reduced signage. This could become the county's first neighborhood center, but the county needs to be assured, based on its currents policies and standards, that the development is of a high quality and compatible with its surroundings. Rezoning #04 -06 Orrick Cemetery, Inc. May 15, 2006 Page 10 PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/03/06 MEETING: Commission members were supportive of the staffs recommendation for enhanced corridor appearance and spoke with the applicant about the possibility of providing street trees and a median along Senseny Road and street trees along Greenwood Road. The applicant agreed to work with the staff to achieve an acceptable level of streetscape. Commissioners wanted to see a commitment from the applicant on improving the design of the parking lot for appearance and water infiltration. The applicant agreed to work directly with the staff for an improved design of the parking lot before going forward to the Board of Supervisors. Commission members also expressed concern about having the 3.5 -acre park owned and maintained by the HOA, but open to the public. Some members were not in favor of the park being opened to the public, while others favored the idea of a centrally located green area being available to the surrounding community. The applicant agreed to meet with the Department of Parks and Recreation before the Board of Supervisors meeting for their recommendation on the possibility of the park area being owned by the County and open to the public. There were no public comments regarding the proposed rezoning. Based upon the applicant's commitments, the Planning Commission, by a unanimous vote, recommended approval of Rezoning Application #04 -06 with enhanced corridor appearance to include trees along Senseny and Greenwood Roads; with the applicant to meet with the Parks and Recreation Department regarding the 3.5 -acre park; and with an agreement by the applicant to improve the design of the parking lot for appearance and water infiltration. (Note: Commissioner Ours was absent from the meeting.) STAFF CONCLUSIONS FOR 05/24/06 BOARD OF SUPERVISORS MEETING: This application is in general terms consistent with the Comprehensive Policy Plan. Staff had sought more detailed design proffers for the commercial and multi family residential buildings. Staff had also sought a median on Senseny Road. The Planning Commission requested street trees along Senseny Road and Greenwood Road and these are now proffered. The Planning Commission requested a discussion with Parks and Recreation on public dedication of the proposed park. Discussions have taken place and the proffer statement revised to allow for future dedication of the park to the county. The Planning Commission's recommendation on the parking lot design and water infiltration has not been addressed by the applicant, despite suggestions from staff. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Board of Supervisors: North: South: East: West: 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. Planning Commission: REZONING APPLICATION #04 -06 ORRICK CEMETERY, INC. Staff Report for the Planning Commission Prepared: April 17, 2006 Staff Contact: Susan K. Eddy, Senior Planner Reviewed April 5, 2006 May 3, 2006 May 24, 2006 MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55 -A -201 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: RP (Residential Performance) RA (Rural Areas) RP (Residential Performance) RA (Rural Areas) RP (Residential Performance) RA (Rural Areas) RP (Residential Performance) B2 (Business General) Use: Use: Use: Use: Action Not heard Pending Pending PROPOSAL: To rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. LOCATION: The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways. Residential and vacant Fire station and church Residential Country store and residential Residential Residential Residential Retail Rezoning #04 -06 Orrick Cemetery, Inc. April 17, 2006 Page 2 PROPOSED USES: Mixed Use Commercial and Residential (all age restricted) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Orrick Commons rezoning application signed December 2005 addresses transportation concerns associated with this request. While the proposed proffers appear acceptable, VDOT offers the following comments: 6.1 acceptable; 6.2 acceptable; 6 -3 acceptable; 6.4 acceptable; 6.5 initially acceptable, but VDOT reserves the right to require additional dedications upon review of the site plan/entrance design. It should be noted that if 250' of separation from the proposed Greenwood entrance and Greenpark Drive cannot be achieved, the developer may be required to align the Greenwood entrance with Greenpark Drive. This would also require the developer to enter into a signalization agreement with VDOT. 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: Maintain access during all phases of construction. Municipal water supply for firefighting must be available as soon as combustible materials arrive on site. Plan approval recommended. Public Works Department: 1. Refer to page 3 of 6, C. Site Suitability: Include a discussion of the existing power line right -of -way and the impact on the proposed road network and related utility development. Provide a detailed wetlands delineation with the master development plan (MDP) submittal. A copy of the MDP should be submitted to the Corps of Engineers for their review and comment. Refer to page 5 of 6, D. Transportation: The discussion references the requirement for a right turn lane on westbound Senseny Road for vehicles turning north onto Greenwood Road. Considering this location is outside of the proposed rezoning boundaries, indicate if sufficient right -of- way is available at this location. Refer to page 6 of 6, F. Site Drainage: Indicate what types of low impact development techniques will be employed within the proposed development. Also, delineate how much of the existing vegetation will be preserved as riparian buffers. All permanent storm water management facilities shall be highlighted in the MDP. Refer to page 6 of 6, G. Solid Waste Facilities: This discussion indicates that the homeowners' association (HOA) will be responsible for trash collection within the residential portion of the project. However, the proffer statement, paragraph 3.2 indicates, "if they decide to use a commercial collection company This latter portion of item iii should be removed from the proffer statement, thereby making this a definite requirement of the HOA. Refer to page 3 of 7, proffer statement, paragraph 5.1: We applaud the use of BMP facilities. However, the maintenance of these facilities shall be included in the responsibilities of the HOA or commercial Rezoning #04 -06 Orrick Cemetery, Inc. April 17, 2006 Page 3 property owners. Refer to page 10 of the Traffic Impact Analysis by Patton Harris Rust Associates: Revise the data in Table II to reflect the actual commercial development of 158,000 square feet, proposed in the Introduction paragraph (page 1 of 6) of the impact analysis. Staff Note: The issue of maintenance of BMP facilities has not been addressed by the applicant. Frederick County Inspections: No comment at this time. Shall comment at the time of site plan and subdivision lot review. Frederick Winchester Service Authority: No comment. Sanitation Authority: I concur with the water sewer comments made in the application package. Frederick Winchester Health Department: No objection if water and sewer are to be provided. Department of Parks Recreation: The proposed plan appears to provide a monetary proffer consistent with the county model for this housing type. The developer has also indicated that a public recreational park, including playground equipment equivalent to monetary value of the required recreational units, will be located within the 3.5 acres of open space provided. Plan also shows a bike trail, meeting Frederick County Parks and Recreation Department standards, along Senseny Road and Greenwood Road which is to be maintained by the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 175 single family and multi family units will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated January 30, 2006 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 is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. Planning Department: Please see attached letter dated January 26, 2006from Susan K Eddy, Senior Planner. Rezoning #04 -06 Orrick Cemetery, Inc. April 17, 2006 Page 4 Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Lana' Use The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection, developing the western portion of the Orrick property for neighborhood commercial development and the eastern portion for residential, if done in a compatible manner, could be consistent with the Comprehensive Policy Plan. The multi- family housing, in the center of the site, as proffered on the Generalized Development Plan, provides a transition between the retail portion of the site and the single family portion of the site. Siting elderly housing adjacent to retail /office uses is desirable, and with the safeguards called for in the Comprehensive Plan when multi family units are adjacent to single family units, the mix of uses could be consistent with the Comprehensive Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. StaffNote: The on -going Urban Development Area (UDA) Study has preliminarily designated this area for a neighborhood center. Before this could happen, community input would be Rezoning #04 -06 Orrick Cemetery, Inc. April 17, 2006 Page 5 sought, and policies and standards would need to be adopted. As these steps have not taken place, the general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types would need to be followed Given the lack of details concerning the residential portion of the site, the county will need to be confident that the multi family housing will be compatible with the existing single-family housing and that the commercial uses will be complementary with residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road and Greenwood Road as improved major collectors. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The idealized intersection design in the Comprehensive Plan (6 -15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right -of -way, and sidewalks. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. Staff Note: The applicant is partially implementing the Eastern Road Plan. On Senseny Road a new lane is being provided. However, the applicant has not committed to a road section with landscaping and a median. Along Greenwood Road, given the current road configuration and access needed for the Greenwood Fire and Rescue, a median in not proposed by the County at this time. The applicant should however, address landscaping on Greenwood Road. 3) Site SuitabilitvlEnvironment No steep slopes exist on the property. No portion of this site is within the 100 -year flood plain according to the Flood Insurance Study Map for Frederick County. U.S.G.S. maps show one stream and one pond on the property, both in the northeast corner. The applicant has prepared a Wetland Delineation Report and a Request for Jurisdictional Wetlands Determination. That report documented two wetlands in the southeast corner of the site and one circular ditch holding water, that is not a jurisdictional water of the U.S. The wetlands will be further analyzed further at the MDP and site plan stages. Some mature woodlands, which may form part of the landscape requirement, are located on the eastern portion of the site. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Weikert- Berks Blairton soil association, which is the predominant association on land located east of Interstate 81. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. No soil types on this site are classified as prime farmland soil. 4) Potential Impacts A. Transportation Rezoning #04 -06 Orrick Cemetery, Inc. April 17, 2006 Page 6 B. Sewer and Water Traffic Impact Analysis. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Two TIA addendums were also prepared. The first addendum (labeled Option B and numbered as pages 14a and 14b in the TIA) incorporates the alignment of the site entrance on Greenwood Road with Greenpark Drive. This is the proffered road alignment. The second addendum, dated April 5, 2006, models a different mix of uses than the original T1A. It models less retail floorspace but more office, more day -care and more overall floorspace (158,000 square feet) than originally modeled. The projected trip generation decreased slightly with this mix of commercial uses. Staff note: The precise mix of commercial uses and floorspace is not proffered. Only the maximum floorspace of 158, 000 square feet is proffered. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7 Edition, the revised TIA projects that the proposed development will produce 11,547 vehicle trips per day (VPD). The TIA further indicates that the study area roads and intersections have the capacity to accommodate the trips generated by the project at Level of Service C conditions or better, given the proffered improvements. Improvements to the intersection of Senseny Road and Channing Drive (turn lanes and signalization) have been proffered by the developers of the Channing land bays when the first site plan is submitted for their B2 area. The TIA shows level of Service D(F) at this intersection without the signalization proffered by others, but this failing level of service is reached with or without the Orrick development. Water and sanitary sewer facilities are available via the Lynnehaven Subdivision to the east. The majority of the site will be served via gravity flow from west to east. Using the standards water consumption rates for single family attached /multi fancily residential uses and general consumption/office uses, the proposed development is projected to consume approximately 59,200 GPD (gallons per day) of water and produce equivalent sewer flows. C. Community Facilities The applicant has proffered $475 for each residential unit to offset the impacts to community facilities. This amount is based the County's new Development Impact Model. It excludes the amount for schools because this is a proffered age restricted community. Staff note: The impact model for Orrick was based on 55,000 square feet ofretail floorspace as this is proffered to be built prior to the occupancy of any residences The latest proffer statement includes a cash proffer of 8475 per residential unit for capital facilities which is much different than the 82,912 per unit originally proffered. The revision is based on the applicant's re- evaluation of the county's new Development Impact Model as it applies to age restricted dwellings. Rezoning #04 -06 Orrick Cemetery, Inc. April 17, 2006 Page 7 A) Land Use 5) Proffer Statement Dated December 6, 2005 and Revised April 13, 2006 Generalized Development Plan Dated November 15, 2005 Commercial floorspace shall not exceed 158,000 square feet. A minimum of 55,000 square feet of commercial floorspace shall be constructed prior to occupancy of any residential dwelling. Adult retail uses are prohibited and car washes are prohibited adjacent to residential properties. All units will be age- restricted and will comprise a mix of single family and multi- family units. B) Homeowners Association The residential homeowners association (HOA) will own and maintain all common areas including a 3.5 acre park which, by proffer, will be open to the public. The HOA will be responsible for a common solid waste disposal program provided by a collection company. C) Transportation The applicant will install a traffic signal at the project entrance on Senseny Road, provide a left turn lane on eastbound Senseny Road at that entrance, and provide a new westbound lane on Senseny Road from the eastern end of the property to the intersection of Senseny Road and Greenwood Road The applicant will install a new northbound lane on Greenwood Road from the intersection of Greenwood Road and Senseny Road to the project entrance on Greenwood Road. The applicant will install signalization at the entrance on Greenwood Road when requested by VDOT. All other road improvements to Senseny Road and Greenwood Road will be completed prior to occupancy of any commercial buildings. The applicant will dedicate an additional 10 feet of right -of -way on Senseny Road and 15 feet of right -of -way on Greenwood Road to VDOT, within 90 days of notice by the county. Access along Senseny Road and Greenwood Road will be limited to one entrance on each. The applicant will connect the residential and commercial portions of the site. The site access on Senseny Road will have a median with street trees at the entrance. Inter parcel connectors with adjacent properties will be identified at the Master Development Plan (MDP) stage. StaffNote: The Eastern Road Plan calls for Senseny Road to be improved to a major collector. The county standards calls for a four lane divided section with landscaping along the edge of the right -of -way and a landscaped median. While sufficient right -of -way may not exist for a full median with trees, a portion of the median could be provided with this project such that a full median can be provided when the south side of Senseny Road develops. The applicant is encouraged to provide street trees along Senseny Road and Greenwood Road and on each side of the proffered boulevard entrance, consistent with earlier plans shown to staff and the county's own intersection design in the Comprehensive Policy Plan (6 -15). Rezoning #04 -06 Orrick Cemetery, Inc. April 17, 2006 Page 8 D) Design Standards The applicant has proffered to construct Farmington Boulevard on their property to base pavement, and bonded to final payment, prior to issuance of a certificate of occupancy for the first single family dwelling unit. The principal facade and any other facade facing Senseny Road or Greenwood Road of any commercial building will be limited to a cast stone, stone, brick, formed concrete, glass, wood stucco or other masonry. All commercial buildings will have standing seam metal roofs. Staff Note: Earlier renderings presented to stafffor this project showed buildings on the pad sites close to Senseny Road and Greenwood Road, with the parking lots hidden behind. Staff has encouraged the applicant to commit to this layout. Staff also has concerns with the use of formed concrete as a possible dominant building material. The multi- family units will have facades of brick, stone, simulated stone, wood, Hardishingle and /or Harditrim, or materials of comparable quality, Azek Trimboards, Fypon brackets and /or cornice details, stucco and glass. The apartment structures will incorporate non symmetrical massing, bays and columned porches, as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. Staff note: As stated earlier, the county will want to be assured that the multi family units are compatible with the surrounding single family units. The design proffers are vague and the proffered conceptual drawings lack detail. Staff is not convinced that a compatible design is guaranteed. E) Parks and Recreation The applicant will design and construct a 3.5 acre park to be open to the public, but owned and maintained by the residential homeowners association. The applicant will construct a 10 foot asphalt pedestrian bike trail along Senseny Road and Greenwood Road, prior to occupancy of any commercial building. StaffNote: It is unclear if trail will be directly adjacent to the road or whether landscaping will be placed in between. The latter is encouraged for safety and aesthetic reasons. F) Signage The applicant will limit freestanding entrance signs at the proposed entrances to a single monument style sign. Each of these signs shall be limited to 20 feet in height. Pylon signs will be prohibited on the site. Staff Note: Given the proximity of this site to residential uses, the applicant has been encouraged to consider signs with a reduced height and sign face. Rezoning #04 -06 Orrick Cemetery, Inc. April 17, 2006 Page 9 G) Monetary Contribution For each residential unit the applicant has proffered: $248 for parks and recreation; $83 for fire and rescue; $37 for general government; $76 for public safety; and $31 for library; $475 for capital improvements, plus $1,500 for road improvements to Senseny Road and Greenwood Road. Staff Note: In the latest proffer statement, as compared to the original proffer statement, the applicant has reduced the amount of cash proffer for public facilities from $2, 9/2 to $475, per residential unit. This was based on the applicant's re- evaluation of the County's Development Impact Model. The applicant has increased the amount of the transportation cash profferfrom $500 to $1,500, per unit. Recent rezonings in the Senseny Road area have proffered larger contributions toward road improvements. STAFF CONCLUSIONS FOR 05/03/06 PLANNING COMMISSION MEETING: This application is somewhat consistent with the Comprehensive Policy Plan. The County will need assurances that the multi family units will be compatible with the neighboring single family homes. This can best be assured through more detailed design proffers. For the commercial component, the applicant should carefully consider road standards and corridor appearance standards concerning: I a median on Senseny Road, 2) street trees, 3.) the placement of buildings closer to the street, and 4.) reduced signage. This could become the county's first neighborhood center, but the county needs to be assured, based on its currents policies and standards, that the development is of a high quality and compatible with its surroundings. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. 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'+nrfR" 7 �j/ a i t K 4 6 F`�S 4 P�$ ;$f'tP "'a4\ '•"I,'L i }�i'd_Ti 1'i�t5 '"6 �e d P �•ne� R t ri f vs^.• i., Y 6t yy `9 P i pr y !,I1 Ex "t4 s t g a k it i "id r ri,' p uta y 1n a *y, s' tr r Pe fn r' PRO �rSITE g to 3>�"•. 4. !]{a_.i t/ 1 i ,Z: 4$ (y_� f C ttSS EARS if 04 T i ix q W1 2 4� 4.h♦ k E',1 j i∎ AiV F S I 1 Pz Pr X`s r y i4^ of d r e x s 11 *t r5. n s e "ia W`�' '15 r O t d I�4 0 fi ac, 9.r r x :+tP q"i r fi f e S` r*r. r e t t a 13 y�.ry{.y/ b air fSe. t 1 a� E'lf4i y�,TS.V4 i n :ta ""C� r J 'p'4 u 1•! al[ a T y r*�t t�r l s n 1 Ze r Yr' M1 y4, K l ��CC4e:. ,te e &T .r r' a.. t �prdn` 'Y' y .��y. 7 a f 4 4. g S' i H MAR 1 0 2006 f J ORRICK COMMONS DECEMBER 2005 area e �v r• Patton, Harris, Rust Associates, pc 117 a Flo2dRr St. l%dnter. *Via 22601 10Cf: (540) 667-21M at (540) 665-0493