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HomeMy WebLinkAbout06-06 ApplicationMay 15, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #06 -06, CEDAR MEADOWS Dear Evan: Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 10, 2006. The above referenced application was approved to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family age restricted homes. The subject properties are located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642), and are identified with Property Identification Numbers 75 -.A- 106.75 -A -107, 75 -A -1 14, 75- A -115, 75 -A -116 and 86 -A -153 in the Opequon Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bhd Attachment cc: Bill M. Ewing, Board of Supervisors, Opequon District Roger Thomas and Rick Ours, Opequon District Planning Commissioners Jane Anderson, Real Estate Jasbo, Inc. Sparks Property L.L.C., PO Box 480. Stephens City, VA 22655 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: PROPOSAL: To rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family age restricted homes LOCATION: West side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75 -A -106. 75 -A -107, 75 -A -114, 75 -A -115. 75 -A -116 and 86 -A -153 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential and Agricultural ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: REZONING APPLICATION #06 -06 CEDAR MEADOWS Staff Report for the Board of Supervisors Prepared: May 2, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director Reviewed April 19, 2006 May 10, 2006 RA (Rural Areas) District RA (Rural Areas) District RA (Rural Areas) District RA (Rural Areas) District RP (Residential Performance) District Use: Use: Use: Use: Action Recommended Approval Pending Residential Residential Residential /Agricultural Sherando Park Residential (under development) PROPOSED USES: 140 Single Family Small Lot Homes (Proffered Age Restricted Community) Rezoning #06 -06 Cedar Meadows May 2, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 636, 642 and 277. 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 Cedar Meadows rezoning application dated July 1, 2005 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right of-way needs, including right -of -way 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: Access shall meet the minimum requirements of NFPA 1141. Extension of municipal water for firefighting shall meet the requirements of Frederick County Code Section 90.4. Plan approval recommended. Department of Inspections: No Comment. Public Works Department: Refer to page 4, Wetlands: The discussion indicates that the existing pond will be incorporated as a central feature in the proposed development. Future designs of this feature should include a detailed evaluation of the existing earth dam to insure its stability during 100 year storm flows. Additional wetland studies might be required downstream of the existing pong to delineate potential wetland areas. These studies should be submitted with the master development plan. Refer to page 8, Site Drainage: We concur with the proposed stormwater management controls. However, we recommend that agreements be established with the parks department to allow point source discharges and possible regarding of stormwater channels to facility site grading. Frederick Winchester Service Authority: No comments Sanitation Authority: A 12" waterline will need to be extended through the site toward VA at 277. Frederick Winchester Health Department: No Comment. GIS: No Comment. Department of Parks Recreation: The proposed monetary proffer does not appear to offer Frederick County the funds to offset the impact the residents of this development will have on the services provided by the Parks and Recreation Department. The maintenance access easement, for use by the Parks and Recreation Department, should not be included as usable open space for this development. Plan does not appear to indicate the minimum lot size for this development. Because the soils in this area have an extremely slow percolation rate, staff recommends the pedestrian trail, Rezoning #06 -06 Cedar Meadows May 2, 2006 Page 3 identified on the plan as a nature trail, be hard surfaced and a minimum of six feet in width. This will ensure a safe and usable path for the population being served. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 140 single family homes will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: The Master Plan has been reviewed and it appears that it should not have an impact on operations of the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However. the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. 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 Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney: (Please see attached letter from Mr. Bob Mitchell dated March 27, 2006). Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) identifies the property for which the rezoning is being requested as being zoned R -1 (Residential Limited). The parcels were re- mapped from R -1 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011 -80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 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 Rezoning #06 -06 Cedar Meadows May 2, 2006 Page 4 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Cedar Meadows property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. As presented, the Cedar Meadows project would develop at 4. units per acre. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan and should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). White Oak Road is identified as an improved major collector road and should be addressed accordingly. While not presently designated as a bicycle route on the County's bicycle plan, this section of White Oak Road warrants consideration for the inclusion of bicycle accommodations consistent with the recently constructed section of White Oak Road north of this property. This northern section of White Oak road was completed as part of the Canter Estates development. The integration of additional bicycle facilities along the frontage of this project would provide a future linkage with the existing multi use trails, adjacent residential developments, and Sherando Regional Park. The connection along White Oak Road was identified during the on- going bicycle and pedestrian planning update efforts. Further consideration of this enhancement should be considered by the applicant and potentially incorporated into the proffer statement. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to insure that needed road improvements are identified in order to maintain or improve upon the level of service. Rezoning #06 -06 Cedar Meadows May 2, 2006 Page 5 3) Site Suitability /Environment The Cedar Meadows site contains a man -made pond, approximately 0.85 acres in size, which is considered an area of wetlands. The Cedar Meadows project incorporates this environmental feature into the design of the development as a focal point to the community that affords additional protection to the wetland area. Minor slopes associated with the natural drainage of the property have been identified on the site. No additional environmental features have been identified on the site that would limit the development of the project as proposed by the applicant. According to the Frederick County Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. The Sherman Rogers Sargent House, identified in the Rural Landmarks Survey, is located approximately 0.4 acres north of the site. It has been determined that the Cedar Meadows project would not have a detrimental impact on this identified resource. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 140 age restricted residential units would generate 721 vehicle trips per day. The report was developed with access to the project being provided from White Oak Road and included an evaluation ofthe intersection of White Oak Road and Tasker Road. The TIA concludes that the traffic impacts associated with the Cedar Meadows application are acceptable and manageable. The site driveway and the intersection of White Oak Road and Tasker Road will maintain levels of service of C or better during the build out conditions. This is assuming the identified signalization improvements are provided at the intersection of White Oak Road and Tasker Road are implemented. Transportation Program. The Generalized Development Plan for Cedar Meadows delineates the general private road systems that will serve the residential development. The applicant has designed the road system as a private road system with controlled access. Cedar Meadows is proposed to be a gated community. The private street system proposed in the Generalized Development Plan would not meet the requirements ofthe Frederick County Subdivision Ordinance with regards to lot access (Section 144 -24C). Rezoning #06 -06 Cedar Meadows May 2, 2006 Page 6 Waiver Request: The Board of Supervisors recently amended the Frederick County Subdivision Ordinance, Chapter 144, Section 24C. Subdivision of Land, to provide an opportunity for a waiver for Public Road Requirements to allow for proffered age- restricted gated communities with a complete system of private streets. This waiver may be requested by the applicant during the consideration of a Rezoning Application or during consideration of the Master Development Plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provide for the cross section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. The Cedar Meadows project is requesting a waiver described above to address Section 144 24C of the Subdivision Ordinance. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated community with one individual access to White Oak Road. The Board of Supervisors should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Cedar Meadows application has proffered to design and construct right turn lanes on White Oak Road. In addition, the application proffers to ensure that the design of the main entrance accommodates an area for vehicular turnaround in advance of the proposed main gate to the facility. In coordination with the Department of Parks and Recreation, the applicant has proffered to provide an additional entrance on White Oak Road for park maintenance purposes and a 30 foot easement for the purpose of providing access for park maintenance operations along the southern boundary of the property. White Oak Road's designation as an improved major collector road requires that the applicant address the need for additional right of-way to enable the improvement of White Oak Road. !f warranted, improvements to White Oak Road should also he provided. The applicant has proffered the dedication of an additional twenty feet along the frontage of their property to facilitate the ultimate right -of -way needs associated with an improved major collector road At this time, it is not anticipated that additional improvement to White Oak Road are warranted. The Board of Supervisors should consider if the scope of this development warrants additional consideration of improvement to White Oak Road to facilitate the full section of a Major Collector Road as identified in the Comprehensive Plan. The intersection of White Oak Road and Tasker Road warrants signalization based upon the conclusion of the applicant's TIA. To that end, the applicant has proffered the signalization of this intersection. Flexibility has been provided in this particular proffer to enable Frederick County to leverage additional transportation funding based upon the amount of the signalization funding. Rezoning 1 -06 Cedar Meadows May 2, 2006 Page 7 B. Sewer and Water Omitted from the general transportation program is an enhanced accommodation for pedestrian and bicycle circulation along the frontage of White Oak Road to facilitate access along White Oak Road between the adjacent residential developments and Sherando Regional Park. Internal pedestrian circulation will be provided and access will be provided to the adjacent park property for the residents of Cedar Meadows. The section of White Oak Road along thefrontage of this property warrants consideration for the inclusion of bicycle accommodations consistent with the recently constructed section of White Oak Road north of this property. The Cedar Meadows rezoning proposal is estimated to require approximately 38,500 gallons per day of water usage and approximately 31,500 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Parkins Mill Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority identified that a 12" waterline will need to be extended through the site toward VA at 277. The applicant should ensure that this improvement is incorporated into the project. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Study Working Group, proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. It is recognized that the community facility impacts to schools may be negated when considering the very nature of proffered age restricted communities. When subtracting the project school impact of $19,189.00 from the total impact amount, the balance remaining to be addressed by the applicant is $4,101.00 distributed among the other impacted community facilities. This application does not address this balance but rather proposes a I ,500.00 monetary contribution to be utilized for fire and rescue services. Rezoning 406 Cedar Meadows May 2, 2006 Page 8 o The distribution and deficit in the monetary contribution provided by the applicant should be evaluated by the Planning Commission to determine ifthi.s alternative approach is appropriate. As currently presented, the community facility impacts to the following entities have not been fully addressed; Parks and Recreation, Library, Sheriff's Office, and County Administration. 5) Proffer Statement Dated December 28, 2005, revised March 9, 2006, Revised April 20, 2006 General Development Plan. The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the private street systems, age restricted community center facility, and park area. The GDP is also provided to clarify the requested waiver to Section 144 -24C, Subdivision of Land, for a waiver to the Public Road Requirements to allow for proffered age restricted gated communities with a complete system of private streets. Residential Uses and Age Restricted Community. The applicants have proffered to limit the total number of residential uses to 140 Single Family Small Lot detached dwelling units. Further, the applicant has proffered that the property will be developed as an age restricted community. Requirements detailing the specifications of the age restricted community have also been proffered. Recreational Amenities. The applicant has provided for the construction of a community center in conjunction with this project, the provision of a complete system of pedestrian sidewalks and trails, and the provision of accessibility enhancements to the Sherando Regional Park for purposes of pedestrian and maintenance facility access. Consideration should he given to additional external pedestrian and bicycle accessibility. Transportation. The applicant has proffered to limit the number of entrances along White Oak Road, to gate the access to this community, to dedicating additional right-of-way along White Oak Road to enable the future improvement of this major collector road, and to the signalization of the intersection of White Oak Road and Tasker Road. Consideration should be given to additional frontage improvements along White Oak Road. Community Curbside Trash Collection. Commercial trash pick up has been proffered, the responsibility of which will be with the Cedar Meadows Honie Owners Association. Rezoning #06 -06 Cedar Meadows May 2, 2006 Page 9 Monetary Contribution. Waiver Request: Rezoning Request: The applicant has proffered a monetary contribution in the amount of $1,500 for each residential lot that is platted to be utilized for Fire and Rescue Services. Consideration should be given to the community facility impacts that have not been addressed by the applicant. Addressed by the applicant in the revised Proffer Statement dated 4 /20/06. STAFF CONCLUSIONS FOR 04/19/06 PLANNING COMMISSION MEETING: The Planning Commission should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Cedar Meadows project is requesting a waiver described above to address Section 144 -24C of the Subdivision Ordinance. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated community with one individual access to White Oak Road. The Cedar Meadows rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant, including the following issues which were identified in the staff report: Consideration should be given to additional external pedestrian and bicycle accessibility along White Oak Road. Consideration should he given to the community facility impacts that have not been addressed by the applicant. The Commission should recognize that if the above Waiver Request for lot access is not approved, the rezoning application and proffer statement would have to be modified from its current fimm to provide for lot access meeting the requirements of Section 144 -24C of the Subdivision Ordinance. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Rezoning #06 -06 Cedar Meadows May 2, 2006 Page 10 PLANNING COMMISSION SUMMARY AND ACTION OF 04/19/06 MEETING: Three citizens came forward to speak under public comments. The first citizen spoke in opposition to the project being designated as an age- restricted community because of the cost impacts to the County. He argued that 140 units on fixed incomes could not support a private road system, in addition to all of the other amenities offered in this community; he argued that when the marketability of age restricted communities drops and this project is converted to a traditional development, the impact of additional school -age children will be significant; and he argued that age— restricted communities use a considerable amount of public services and he was in favor of having the monetary proffer distributed to all of the agencies, not solely to fire and rescue. The other two citizens, two brothers who were adjoining property owners, requested that the old fence line remain in tact and be supplemented with trees. One said a bulldozer pushed down the fence and some trees on his property; they had presumed the developer would inform them of what was to take place, but they were not contacted. The Commission discussed numerous issues with the applicant. Because an established mechanism did not exist in the proffer model to tailor dollar amounts specifically for age- restricted communities, the Commission preferred to see an amount proffered to each of the community facilities within the proffer model in the traditional way, rather than doubling an amount to one agency, such as fire and rescue, as in this case. The applicant agreed to revise the proffer and distribute funds as indicated by the proffer model and, in addition, would keep the doubled amount originally proffered for fire and rescue the same. The applicant offered the following amounts: $2,136.00 to Parks and Recreation; $267.00 to the Library; $658.00 to Public Safety; $320.00 to County Administration; and $1,500.00 to Fire and Rescue Services, for a total of $4,881.00 per residential unit. Emergency access concerns were raised by Commission members because the development had only one entrance. The applicant agreed to incorporate an all- weather- surfaced emergency access into this development from the maintenance access road they were constructing into Sherando Park for the Department of Parks and Recreation. Commission members urged the applicant to meet with the two adjoining property owners who sought to have a fence and trees along the property line. The applicant agreed to meet with the citizens; the applicant also noted that the ordinance requires a residential separation buffer to be established along the property boundaries of these citizens, which included a six foot -high fence, along with planted trees. The applicant addressed specific questions about the roads within the development. The applicant stated that the internal road system will be constructed, both horizontally and vertically, to meet VDOT standards, with third party verification that specific standards have been met, so that if at some future time, the County requests that VDOT take over maintenance of the roads, V DOT will have the ability to do so. The Commission spoke with the applicant about the possibility of establishing a fund with some initial seed money for the homeowners association (BOA), in addition to what the homeowners would Rezoning #06 -06 Cedar Meadows May 2. 2006 Page 11 contribute, to insure a healthy financial start for the community; it was thought this would put the home owners in a much better financial position to meet maintenance expenses for the roads and common amenities. The applicant was agreeable to establishing a seed fund and suggested a monetary contribution of $20.000. This was simply a suggestion of the Commission and they did not seek a commitment by the applicant for this. Questions were raised by Commission members about the applicant's opposition to constructing an external bicycle and pedestrian facility along White Oak Road. The applicant said they were not in favor of constructing a bicycle path along their property line; the applicant stated there were no official plans for a bicycle facility along White Oak Road, on the west side from Tasker Road along the Camp down to their property line, for their project to tie into. In addition, the applicant said the White Oak Major Collector Road Improvements were not listed on the County's Secondary Road Improvement Plan. He pointed out, however, that the applicant has dedicated a 20 -foot right -of -way along the entire frontage of their property, in addition to their 50 -foot road efficiency buffer, so that right -of -way will be available for future road improvements and bicycle paths, should this need come about. Other transportation issues addressed by the applicant included their commitment to construct a right -turn and taper lane and to fully fund traffic signalization at Tasker Road and White Oak Road. The Planning Commission believed the waiver requested by the applicant pursuant to this rezoning request was appropriate and by a majority vote, they recommended approval. The majority vote was as follows: YES (TO REC. APPROVAL OF WAIVER): Mohn, Kerr, Triplett, Kriz, Thomas. Wilmot, Morris, Manuel, Watt, Unger NO: Oates The Planning Commission believed the impacts and outstanding issues raised with the rezoning had been adequately addressed through their discussions with the applicant and they recommended approval of the rezoning with the proffer amendment offered by the applicant totaling $4.881.00 per residential unit and with an emergency access to be included in the package that goes forward to the Board of Supervisors. The majority vote was as follows: YES (TO REC. APPROVAL OF REZ W/ PROFFER ADDENDUM): Mohn, Kerr, Triplett, Kriz, Thomas, Wilmot, Morris, Manuel, Watt, Unger NO: Oates (Note: Commissioners Light and Ours were absent from the meeting.) Rezoning 1/06 -06 Cedar Meadows May 2, 2006 Page 12 Waiver Request The Board of Supervisors should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Planning Commission recommended approval of the Waiver Request. The complete system of private streets would have to be built to meet VDOT Standards. The Private Streets would be maintained by the Homeowners Association. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated community with one individual access to White Oak Road. The Board should recognize that if the above Waiver Request for lot access is not approved, the rezoning application and proffer statement would have to be modified from its current form to provide for lot access meeting the requirements of Section 144 -24C of the Subdivision Ordinance. Rezoning Request: The Board of Supervisors should ensure that the impacts associated with this rezoning request have been addressed by the applicant to the satisfaction of the Board, including the following issues which were identified in the staff report and by the Planning Commission but not addressed in the rezoning application: Consideration should be given to additional external pedestrian and bicycle accessibility along White Oak Road. Consideration should be given to additional rvarrantedfrontage improvements to White Oak Road to facilitate the full section of a Major Collector Road as identified in the Comprehensive Plan. It would be appropriate for the Board of Supervisors to provide a separate motion for the Waiver Request and a separate motion for the Rezoning Request. Capital facility Single Family Town home Apartment Fire And Rescue $720 $528 $540 General Government $320 $245 $245 Public Safety $658 $503 $503 Library $267 $204 $204 Parks and Recreation $2,136 $1,634 $1,634 School Construction $19,189 $14,618 $5,940 Total $23,290 $17,731 $9,064 12/1/05 Single Family Dwelling Unit $23,290 Town Home Dwelling Unit $17,731 Apartment Dwelling Unit 9,064 10 Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The DIM projects that, on average, residential development has a negative fiscal impacts on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after December 1, 2005 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: The fo lowing is a breakdown of the projected impacts per dwelling unit for each capital facility. A "read -only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 75 A 116 JASBO, INC 75 A 107 JASBO, INC iy SARGENT, B ELIZABETH.TRUSTEE t 4' 76 /A Q 75 A,113\ LEONARD PROPERTY, LLC 143C/ COUNTY OF FREDERICK d/ 75.A 117 JASBO, INC N N u... Qu v. O w 4,21) LaM Ure a,aperlee Rezoning 06 06 Cedar Meadows (75-A- 106,107) (86- A- 114,115,116,153) 0 125 YA Fes! 500 66;,A 143C COUNTYOF FREDERICK 75 A 117A COUNTY OF FREDERICK 75 A 117 JASBO, INC 76 A 02 SARGENT, M ELIZABETH TRUSTEE 75 A 113 LEONARD PROPERTY, LLC 4 .4*Th` [7...... e n.ww. Land Us• Cita ;odes (0T.,) CRP •-•44.• Rezoning 06 06 Cedar Meadows (75 -A- 106,107) (86 -A -114, 115, 116, 153) 0 T n0 Fee, te 66 A 143C COUNTY OF FREDERICK 75 A 117 JASBO, INC 75 A 117A COUNTY OF FREDERICK Zoning RP o 76 A 42 SARGENT, 11 ELIZABETH TRUSTEE 75 A 113 LEONARD PROPERTY, RC w 7 ;4 i. h P4 Rezoning 06 06 Cedar Meadows 75 A 106, 107 (86 -A -114, 115, 116, 153) a 125 15D Feel 75 A:113 LEONARD PROPERTY, LLC p...,. L.ma. aue•x.. Rezoning 06 06 Cedar Meadows (75 -A- 106,107) (86- A- 114,115,116,153) 0 125 250 Feet To be completed by Planning Staff: Zoning Amendment Number /y. 0 PC Hearing Date 1. Applicant: Name: Address: Name: Name: Location map Plat Deed to property Verification of taxes paid REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Date Received `f oG BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above Evan Wyatt AICP Telephone: (540) 662 -4185 Jasbo Inc. Sparks Property L.L.C. Telephone: (540) 896 -1800 Beverley B. Shoemaker, President Telephone: (540) 662 -4185 4. Checklist: Check the following items that have been included with this application. Agency Comments X Fees X Impact Analysis Statement X Proffer Statement X 5. The Code of Virginia allows us to request hill disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo, Inc. Sparks Property, L.L.C. Beverley B. Shoemaker, President 6. A) Current Use of the Property: Residential Agricultural B) Proposed Use of the Property: Age Restricted Residential Community 7. Adjoining Property: Please see attached PARCEL Ill NUMBER USE ZONING 75 -((A)) -108 Residential RA 75 -((A)) -109 Residential RA 75 -((A)) -110 Residential RA 75 -((A)) -111 Residential RA 75- ((A)) -1 13 Residential RA 75- ((A)) -113A Residential RA 75-((A))-117 Residential RP 75- ((A)) -117A Regional Park RA 86 -((A)) -151 Residential RA 86 -((A)) -152 Residential RA 86 -((A)) -154 Residential RA 86 -((A)) -155 Residential RA 86- ((A)) -155A Residential RA 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): Located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Acres Current Zoning Zoning Requested 29.70± RA RP 29.70± Total acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Numbers 75 -((A)) -106, 75-((AD-107, 75 -((A)) -114, 75 -((A)) -115, 75 -((A)) -116 86 -((A)) -153 Districts Magisterial: Opequon High School: Sherando High School Fire Service: Stephens City Middle School: Admiral Byrd Middle School Rescue Service: Stephens City Elementary School: Armel Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 140 Townhome: 0 Multi- Family: 0 Non Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Other: 0 12. Signature: 1 (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner(s): Jasbo, Inc. Sparks Property, L.L.C. .a. ik alit i Q Beverley B. Shoemaker, Presio nt Date %waJail, P i tc /11247112A) 446 Date: 11/ibioS" Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Baylis Investments, LLC 2332 Middle Road Property 75 -A -106 Winchester, VA 22601 Name Buracker, Grover Elwood 396 White Oak Road White Post, VA 22663 Property 75 -A -108 Name Buracker, Grover E. and Judy Kay 396 White Oak Road White Post, VA 22663 Property 75 -A -109 Name Buracker, Lynwood and Linda 432 White Oak Road White Post, VA 22663 Property 75- A -110A Name Strosnider, Holmes P. and Catherine J. 444 White Oak Road White Post, VA 22663 Property 75 -A -111 Name Leonard, Robert D. and Wendy L. 471 White Oak Road White Post, VA 22663 Property 75 -A -113 Name Abrell. Madeline K. 519 White Oak Road White Post, VA 22663 Property# 75- A -113A Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name JASBO, Inc c/o James 1. Bowman 448 Fairfax Pike Stephens City, VA 22615 Property 75 -A -117 Name County of Frederick 9 Court Square #601 Winchester, VA 22601 Property 75 -A -I 17A Name Chapman, Edgar P. and Jennifer D. 600 White Oak Road White Post, VA 22663 Property 86 -((A)) -151 Name Chapman. Edgar P. and Jennifer D. 600 White Oak Road White Post, VA 22663 Property# 864(A)) -152 Name Fleming, Madeline P. 519 White Oak Road White Post, VA 22663 Property 86-((A)) -154 Name Fertig, Juanita 557 White Oak Road White Post, VA 22663 Property# 86 -((A)) -155 Name Coates, Christopher D. and Dixie D. 587 White Oak Road White Post. VA 22663 Property 86- ((A)) -155A REZONING APPLICATION #06 -06 CEDAR MEADOWS Staff Report for the Planning Commission Prepared: April 2, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Planning Commission: Board of Supervisors: Reviewed April 19, 2006 May 10, 2006 Action Pending Pending PROPOSAL: To rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family age restricted homes LOCATION: West side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75 -A -106, 75 -A -107, 75-A -114, 75-A -115, 75 -A -116 and 86 -A -153 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential and Agricultural ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) District RA (Rural Areas) District RA (Rural Areas) District RA (Rural Areas) District RP (Residential Performance) District Use: Use: Use: Use: Residential Residential Residential /Agricultural Sherando Park Residential (under development) PROPOSED USES: 140 Single Family Small Lot Homes (Proffered Age- Restricted Community) Rezoning 406 -06 Cedar Meadows April 2, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 636, 642 and 277. 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 Cedar Meadows rezoning application dated July 1, 2005 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way 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: Access shall meet the minimum requirements ofNFPA 1141. Extension of municipal water for firefighting shall meet the requirements of Frederick County Code Section 90.4. Plan approval recommended. Department of Inspections: No Comment. Public Works Department: Refer to page 4, Wetlands: The discussion indicates that the existing pond will be incorporated as a central feature in the proposed development. Future designs of this feature should include a detailed evaluation of the existing earth dam to insure its stability during 100 year storm flows. Additional wetland studies might be required downstream of the existing pong to delineate potential wetland areas. These studies should be submitted with the master development plan. Refer to page 8, Site Drainage: We concur with the proposed stormwater management controls. However, we recommend that agreements be established with the parks department to allow point source discharges and possible regarding of stormwater channels to facility site grading. Frederick Winchester Service Authority: No comments Sanitation Authority: A 12" waterline will need to be extended through the site toward VA at 277. Frederick- Winchester Health Department: No Comment. GIS: No Comment. Department of Parks Recreation: The proposed monetary proffer does not appear to offer Frederick County the funds to offset the impact the residents of this development will have on the services provided by the Parks and Recreation Department. The maintenance access easement, for use by the Parks and Recreation Department, should not be included as usable open space for this development. Plan does not appear to indicate the minimum lot size for this development. Because the soils in this area have an extremely slow percolation rate, staff recommends the pedestrian trail, Rezoning #06 -06 Cedar Meadows April 2, 2006 Page 3 identified on the plan as a nature trail, be hard surfaced and a minimum of six feet in width. This will ensure a safe and usable path for the population being served. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 140 single family homes will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: The Master Plan has been reviewed and it appears that it should not have an impact on operations of the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However, the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. 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 Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney: (Please see attached letter from Mr. Bob Mitchell dated March 27, 2006). Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) identifies the property for which the rezoning is being requested as being zoned R -1 (Residential Limited). The parcels were re- mapped from R -1 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011 -80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 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 Rezoning #06 -06 Cedar Meadows April 2, 2006 Page 4 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Cedar Meadows property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. As presented, the Cedar Meadows project would develop at 4.7 units per acre. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan and should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). White Oak Road is identified as an improved major collector road and should be addressed accordingly. While not presently designated as a bicycle route on the County's bicycle plan, this section of White Oak Road warrants consideration for the inclusion of bicycle accommodations consistent with the recently constructed section of White Oak Road north of this property. This northern section of White Oak road was completed as part of the Canter Estates development. The integration of additional bicycle facilities along the frontage of this project would provide a future linkage with the existing multi use trails, adjacent residential developments, and Sherando Regional Park. The connection along White Oak Road was identified during the on- going bicycle and pedestrian planning update efforts. Further consideration of this enhancement should be considered by the applicant and potentially incorporated into the proffer statement. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to insure that needed road improvements are identified in order to maintain or improve upon the level of service. Rezoning #06 -06 Cedar Meadows April 2, 2006 Page 5 3) Site Suitability/Environment The Cedar Meadows site contains a man -made pond, approximately 0.85 acres in size, which is considered an area of wetlands. The Cedar Meadows project incorporates this environmental feature into the design of the development as a focal point to the community that affords additional protection to the wetland area. Minor slopes associated with the natural drainage of the property have been identified on the site. No additional environmental features have been identified on the site that would limit the development of the project as proposed by the applicant. According to the Frederick County Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. The Sherman- Rogers Sargent House, identified in the Rural Landmarks Survey, is located approximately 0.4 acres north of the site. It has been determined that the Cedar Meadows project would not have a detrimental impact on this identified resource. 4) Potential lmpacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 140 age restricted residential units would generate 721 vehicle trips per day. The report was developed with access to the project being provided from White Oak Road and included an evaluation of the intersection of White Oak Road and Tasker Road. The TIA concludes that the traffic impacts associated with the Cedar Meadows application are acceptable and manageable. The site driveway and the intersection of White Oak Road and Tasker Road will maintain levels of service of C or better during the build out conditions. This is assuming the identified signalization improvements are provided at the intersection of White Oak Road and Tasker Road are implemented. Transportation Program. The Generalized Development Plan for Cedar Meadows delineates the general private road systems that will serve the residential development. The applicant has designed the road system as a private road system with controlled access. Cedar Meadows is proposed to be a gated community. The private street system proposed in the Generalized Development Plan would not meet the requirements of the Frederick County Subdivision Ordinance with regards to lot access (Section 144 -24C). Rezoning #06 -06 Cedar Meadows April 2, 2006 Page 6 Waiver Request: The Board of Supervisors recently amended the Frederick County Subdivision Ordinance, Chapter 144, Section 24C, Subdivision of Land, to provide an opportunity for a waiver for Public Road Requirements to allow for proffered age- restricted gated communities with a complete system of private streets. This waiver may be requested by the applicant during the consideration of a Rezoning Application or during consideration of the Master Development Plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provide for the cross section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. The Cedar Meadows project is requesting a waiver described above to address Section 144 24C of the Subdivision Ordinance. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feetfrom a State maintained Road and provides for a gated community with one individual access to White Oak Road. The Planning Commission should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Cedar Meadows application has proffered to design and construct right turn lanes on White Oak Road. In addition, the application proffers to ensure that the design of the main entrance accommodates an area for vehicular turnaround in advance of the proposed main gate to the facility. In coordination with the Department of Parks and Recreation, the applicant has proffered to provide an additional entrance on White Oak Road for park maintenance purposes and a 30 foot easement for the purpose of providing access for park maintenance operations along the southern boundary of the property. White Oak Road's designation as an improved major collector road requires that the applicant address the need for additional right -of -way to enable the improvement of White Oak Road. If warranted, improvements to White Oak Road should also be provided. The applicant has proffered the dedication of an additional twenty feet along the frontage of their property to facilitate the ultimate right -of -way needs associated with an improved major collector road. At this time, it is not anticipated that additional improvement to White Oak Road are warranted. The intersection of White Oak Road and Tasker Road warrants signalization based upon the conclusion of the applicant's TIA. To that end, the applicant has proffered the signalization of this intersection. Flexibility has been provided in this particular proffer to enable Frederick County to leverage additional transportation funding based upon the amount of the signalization funding. Rezoning #06 -06 Cedar Meadows April 2, 2006 Page 7 B. Sewer and Water Omitted from the general transportation program is an enhanced accommodation for pedestrian and bicycle circulation along the frontage of White Oak Road to facilitate access along White Oak Road between the adjacent residential developments and Sherando Regional Park. Internal pedestrian circulation will be provided and access will be provided to the adjacent park property for the residents of Cedar Meadows. The section of White Oak Road along the frontage of this property warrants consideration for the inclusion of bicycle accommodations consistent with the recently constructed section of White Oak Road north of this property. The Cedar Meadows rezoning proposal is estimated to require approximately 38,500 gallons per day of water usage and approximately 31,500 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Parkins Mill Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority identified that a 12" waterline will need to be extended through the site toward VA at 277. The applicant should ensure that this improvement is incorporated into the proj ect. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Study Working Group, proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. It is recognized that the community facility impacts to schools may be negated when considering the very nature of proffered age restricted communities. When subtracting the project school impact of$ 19,189.00 from the total impact amount, the balance remaining to be addressed by the applicant is $4,101.00 distributed among the other impacted community facilities. This application does not address this balance but rather proposes a $1,500.00 monetary contribution to be utilized for fire and rescue services. Rezoning #06 -06 Cedar Meadows April 2, 2006 Page 8 The distribution and deficit in the monetary contribution provided by the applicant should be evaluated by the Planning Commission to determine ifthis alternative approach is appropriate. As currently presented, the community facility impacts to the following entities have not been fully addressed; Parks and Recreation, Library, Sheriff's Office, and County Administration. 5) Proffer Statement Dated December 28, 2005 and revised March 9, 2006 General Development Plan. The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the private street systems, age restricted community center facility, and park area. The GDP is also provided to clarify the requested waiver to Section 144 -24C, Subdivision of Land, for a waiver to the Public Road Requirements to allow for proffered age restricted gated communities with a complete system of private streets. Residential Uses and Age Restricted Community. The applicants have proffered to limit the total number of residential uses to 140 Single Family Small Lot detached dwelling units. Further, the applicant has proffered that the property will be developed as an age restricted community. Requirements detailing the specifications of the age restricted community have also been proffered. Recreational Amenities. The applicant has provided for the construction of a community center in conjunction with this project, the provision of a complete system of pedestrian sidewalks and trails, and the provision of accessibility enhancements to the Sherando Regional Park for purposes of pedestrian and maintenance facility access. Consideration should be given to additional external pedestrian and bicycle accessibility. Transportation. The applicant has proffered to limit the number of entrances along White Oak Road, to gate the access to this community, to dedicating additional right -of -way along White Oak Road to enable the future improvement of this major collector road, and to the signalization of the intersection of White Oak Road and Tasker Road. Community Curbside Trash Collection. Commercial trash pick up has been proffered, the responsibility of which will be with the Cedar Meadows Home Owners Association. Rezoning #06 -06 Cedar Meadows April 2, 2006 Page 9 Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $1,00 for each residential lot that is platted to be utilized for Fire and Rescue Services. Consideration should be given to the community facility impacts that have not been addressed by the applicant. STAFF CONCLUSIONS FOR 04/19/06 PLANNING COMMISSION MEETING: Waiver Request The Planning Commission should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Cedar Meadows project is requesting a waiver described above to address Section 144 -24C of the Subdivision Ordinance. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated community with one individual access to White Oak Road. Rezoning Request: The Cedar Meadows rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant, including the following issues which were identified in the staff report: Consideration should be given to additional external pedestrian and bicycle accessibility along White Oak Road. Consideration should be given to the community facility impacts that have not been addressed by the applicant. The Commission should recognize that if the above Waiver Request for lot access is not be approved, the rezoning application and proffer statement would have to be modified from its current form to provide for lot access meeting the requirements of Section 144 -24C of the Subdivision Ordinance. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Greenway Engineering December 28, 2005 March 9, 2006 REZONING: PROPERTIES: RECORD OWNERS: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters December 28, 2005 March 9, 2006 CEDAR MEADOWS PROFFER STATEMENT RZ# O 6"a to Rural Areas (RA) to Residential Performance (RP) Jasbo, Inc. Sparks Property, L.L.C. Jasbo, Inc. Sparks Property, L.L.C. Cedar Meadows Age- Restricted Community Cedar Meadows Rezoning 29.70 -acres Tax Parcels 75 -((A)) -106; 75 -((A)) -107; 75 -((A)) -114; 75 -((A)) -115; 75 -((A)) -116; 86 -((A)) -153 Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended. (the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, Jasbo, Inc., and Sparks Property, L.L.C. (the "Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application OVa. for the rezoning of 29.70± -acres (the "Property from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as Cedar Meadows, and more particularly described as the lands owned by Jasbo, Inc., being all of Tax Map Parcels 75 -((A)) -106, 75-((AD-107, 75 -((A)) -114, 75 -((A)) -115, 75 -((A)) -116, and 86 -((A)) -153 and further identified by plat and survey dated June 7, 2004, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Boundary Survey of the Land of Chloe Juanita Sparks, recorded as Instrument Number 040022470, additionally by Deed, recorded as Instrument Number 050007167 and Instrument Number 050029421. File #4074 /EAW Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan "GDP dated December 28, 2005 that will be approved as part of the rezoning application. The GDP shall identify the general location of the internal private road system and the general location of the age restricted community center facility and park area. B. Residential Land Use 1. The Applicant hereby proffers that the Property shall be developed as an age restricted community pursuant to the requirements set forth in Section C Age Restricted Community of this proffer statement. 2. The Applicant hereby proffers to limit the total number of age restricted residential structures to140 total single family small lot detached dwelling units. C. Age- Restricted Community The Applicant hereby proffers that the following language shall be included in the deeds conveying real property designated as age- restricted housing on that portion of the Property. All residential units shall be occupied by at least one person fifty -five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty -five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of nineteen (19) years of age or older, or provide primary physical or economic support to the person who is fifty -five (55) years of age or older. Not withstanding this limitation, a person hired to provide live -in, long term or terminal health care of a person who is fifty -five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty -five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty -five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in File #4074/EAW 2 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 such lot or unit until he/she shall have attained the age of fifty -five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. 11 Recreational Amenities 1. The Applicant hereby proffers to construct a Community Center Facility for the Cedar Meadows age- restricted community pursuant to §165 -64, which shall be a minimum of 2,000 square -feet and will be located within the park area along the pond, which shall count towards the required recreational amenity requirement. 2. The Applicant hereby proffers to construct a complete system of pedestrian sidewalks and trails that provide access from all residential dwellings to the Community Center Facility and park area, of which the trails shall count towards the required recreational amenity requirement. The Applicant shall provide an easement adjoining the internal trail system along the Sherando Regional Park property to allow for a future trail connection that will allow residents of the Cedar Meadows age restricted community access to the regional park. 3. The Applicant hereby proffers to provide an easement upon a portion of the Cedar Meadows Property sufficient to accommodate an entrance off of White Oak Road (Route 636), transitioning to a 30 -foot easement for the construction of a private access lane for the exclusive use of the Frederick County Parks and Recreation Department for maintenance access only. The Applicant further proffers to apply for the required VDOT entrance permit for the maintenance access drive at the time that the main VDOT entrance permit is applied for and to construct the maintenance entrance and access drive from White Oak Road (Route 636) to the western limits of the subject property following approval of the VDOT entrance permit. This maintenance access easement shall be incorporated as a component of the subdivision and open space plats for the Cedar Meadows age restricted community. The maintenance access drive shall not be utilized as a public access drive for the Sherando Regional Park. E. Transportation Enhancements 1. The Applicant hereby proffers to develop the Cedar Meadows age- restricted community with a complete system of private streets and as a gated community. 2. The Applicant hereby proffers to limit the number of entrances along White Oak Road (Route 636) to one main entrance in addition to the Sherando Regional Park maintenance access entrance described in Section D(3) above. The main entrance File #4074/EAW 3 Greenway Engineering December 28. 2005 1 March 9, 2006 F. Community Curbside Trash Collection Cedar Meadows Rezoning shall be gated and the ingress and egress lanes into the community shall be designed and sized to allow for emergency access on either lane and for a vehicle turn around area between the public street and the gated main entrance. 3. The Applicant hereby proffers to dedicate a 20 -foot strip along the existing 40- foot White Oak Road right -of -way frontage on the subject site for the purpose of future road widening. The Applicant shall be responsible for the construction of a right turn and taper lane to provide safe access to the Cedar Meadows age restricted community. 4. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) that will fully fund the installation of traffic signalization at the White Oak Road (Route 636) /Tasker Road (Route 642) intersection. These funds shall be made available to Frederick County for use as a local match for Revenue Sharing Funds or other applicable transportation enhancement funds. In the event that VDOT determines that traffic signalization is not warranted at the White Oak Road (Route 636)/Tasker Road (Route 642) intersection, these funds will be made available to Frederick County unconditionally for other transportation improvements as determined by the Board of Supervisors. 5. The Applicant hereby proffers to provide for advanced warning signs along White Oak Road (Route 636) to the south of the subject site to advise motorists of the Parks and Recreation private maintenance access drive if desired by VDOT. Additionally, the Applicant proffers to gate the private maintenance access drive during the construction process as described in Section D(3) of the proffer statement. The Applicant hereby proffers to provide commercial trash pickup and waste removal service for the Cedar Meadows age- restricted community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Cedar Meadows Honie Owners Association (HOA) at such time as identified in the legal documents setting forth the guidelines for the Cedar Meadows HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Cedar Meadows HOA until such time as this service is provided by Frederick County. File #4074 /EAW 4 Greenway Engineering G. Monetary Contribution to Offset Impact of Development December 28, 2005 Cedar Meadows Rezoning March 9.2006 The undersigned contract owner of the above described property hereby voluntarily proffers that in the event rezoning application is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $1.500 for each residential lot that is platted, to be utilized for Fire and Rescue Services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. H. Signatures The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: B 7,tG/YYYt.�GU� Beverley B. Shoemaker, Presi s ent Jasbo. Inc. Sparks Property, L.L.C. Commonwealth of Virginia, City /County of ae r%cK To Wit: /&z.! 3 Z3 n6 Date The foregoing instrument was acknowledged before me this ,X day of H 0.rch My Commission Expires 4n11/42//e e- ,24 ,Qco& rife #4074 /EAW Notary Publ cQ rn 6.),44° 5 Rezoning Application Location Map Application Review Fee Cedar Meadows Rezoning Application File #4074 /EAW 0 CEDAR MEADOWS AGE RESTRICTED COMMUNITY REZONING APPLICATION Opequon Magisterial District Frederick County, Virginia TM 75 -((A)) -106, 75 -((A)) -107, 75 -((A)) -114, 75 -((A)) -115, 75 -((A)) -116 86 -((A)) -153 aggregate area of 29.70± Acres Current Owner: Contact Person: Founded in 1971 Engineers Surveyors March 9, 2006 JASBO, INC. SPARKS PROPERTY, L.L.0 Evan Wyatt, AICP G RtECE iu�r/ ENGINLEER1DIi lG 151 Windy Ai11 Lane Winchester, Virginia 22602 Telephone 540- 662 -4185 FAX 540 722 -9528 www.greenwayeng.com PAY TO THE ORDER OF JAS80 INC. JASBO INC. 12/01 PH. 540- 869 -1800 P.O. BOX 480 STEPHENS CITY, VA 22655 -0480 Treasurer of Frederick County BNANCN BANKING AND TRUST COMPANY STEPHENS CITY. VIRGINIA S:A Thou3and Twenty and 00/ 100 DOLLARS Treasurer of Frederick County MEMO 1 1'0056 1 L1i' 1 :05L 1 ,042601:5 L37LL9LL 2 11. Treasurer of Frederick County 3/13/2006 Development Costs:Cedar Meadows (Sp Rezoning Application Cedar Meadows BB &T Checking 3/13/2006 $x,020.00 5641 5641 6,020.00 6,11,41 1141 68- 426/514 47201