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HomeMy WebLinkAbout12-06 ApplicationAugust 28, 2007 Mr. Patrick Sowers Patton Harris Rust Associates, PC 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING #12 -06, CARRIAGE PARK Dear Patrick: Sincerely, Michael T. Ruddy Deputy Planning Director MRT/bhd Attachment 0 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 This letter serves to confiuu action taken by the Frederick County Board of Supervisors at their meeting of August 22, 2007. The above referenced application was approved to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park, in the Red Bud Magisterial District, and are identified with Property Identification Numbers 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A-174A, 55- A -174B and 55- A -174D. The proffer, revised July 30, 2007, which 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. cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Denver Quinnelly, 22A Ricketts Dr., Winchester, VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Planning Commission: Board of Supervisors: Planning Commission: Board of Supervisors: MAGISTERIAL DISTRICT: Red Bud REZONING APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Board of Supervisors Prepared: August 16, 2007 Staff Contact: Eric R. Lawrence, AICP, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action November 1, 2006 Tabled by Planning Commission March 21, 2007 Tabled at request of Applicant April 18, 2007 Tabled by Planning Commission May 16, 2007 Recommended Denial June 13, 2007 Tabled by BOS July 25, 2007 Returned to PC for Review of Significant Application Revisions August 15, 2007 Recommended Approval August 22, 2007 Pending Prior to the Board of Supervisors' July 25, 2007, the applicant substantially revised the application, proffer statement, and generalized development plan. This staff report has been updated to reflect the most recent request which includes a proffer statement revision dated July 30, 2007. PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses. LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, and 55- A -174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Horne Community) District PRESENT USE: Mobile Home Community, residential, and vacant. REZONING 12 -06 Carriage Park August 16, 2007 Page 2 of 17 ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MH1 (Mobile Home Community) Review Agency Comments: See Appendix A Planning Zoning: 1) Site History 2) Comprehensive Policy Plan Use: Use: Use: Use: Residential Residential and Agricultural Residential Mobile Home Community The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MH Mobile Home zoning classifications. The County's A -1 and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. 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] Land Use The parcels comprising this rezoning application are located within the County's Urban REZONING #12 -06 Carriage Park August 16, 2007 Page 3 of 17 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 Carriage Place 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. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. 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 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location on a new alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is REZONING #12 -06 Carriage Park August 16, 2007 Page 4 of 17 3) Site Suitabilitv /Environment designated as a major collector road that traverses south of its existing location, providing anew crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. 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 ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision. construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Flollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. By current County definition, this project contains relatively small areas of steep slopes. The road layout proposes access to the site directly from Valley Mill Road via a crossing of Abram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property, immediately south of the intersection of Valley Mill Road and Route 7. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection REZONING #12 -06 Carriage Park August 16, 2007 Page 5 of 17 of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplain. In addition, preservation of the existing pond should be incorporated into the project. It should be recognized that no buffer and screening ordinance requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has attempted to address this issue in the Proffer Statement by providing for a minimum landscaped buffer, a 15 foot landscaped buffer including a double row of evergreen trees a minimum of 4 feet in height, planted on 10 foot centers, along the southern portion of the project boundary with Valley Mill Farm which is shown on the GDP. An area of mature trees serves as an existing vegetative buffer. Current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. The preservation of these existing trees within a buffer area should be guaranteed in the proffer statement. Disturbance should be avoided. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this project, dated September 8, 2006, and the more recent Addendum dated July 25, 2007, projected that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via an unsignalized site driveway along the west side of Route 659, Valley Mill Road. This TIA is referenced in the Proffer Statement as the "TIA that the proffered transportation improvements will be designed and constructed consistent with. The September 8, 2006 TIA and July 25, 2007 Addendum are the basis for the current application, proffer statement, and Generalized Development Plan. This TiA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of Route 659, Valley Mill Road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. As noted previously, the Comprehensive Plan identifies that a level of service "C" should be maintained and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In addition, the application's proffered transportation program does not provide for the immediate construction of the signalization of Route 659, Valley Mill Road and Route 7, but delays the signalization improvement until the 50"' residential building permit or within 180 days of VDOT's request to install REZONING #12 -06 Carriage Park August 16, 2007 Page 6 of 17 Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. Primary access to the site is from existing Route 659 Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. Previously, the existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. The application's proffer includes improvements to the existing section of Valley Mill Road from the projects entrance to Route 7; however, no detail of the design of these improvements has been proffered. The applications proffer also includes the construction of a traffic signal at the intersection of Valley Mill Road and Route 7; however, this will only occur prior to the issuance of the 50 building permit. One internal public street is proposed that runs from Route 659, Valley Mill Road to the southwestern corner of the property generally adjacent and parallel to the southeastern property line. The Applicant has proffered that this road will be constructed as a two lane public roadway on a 60 foot right of way with no direct lot access permitted on the road. No other internal streets have been identified in the GDP. The location of the road provides the ability to connect to the property to the southwest of the site and to the Blue Ridge Mobile Home Park immediately west of the property. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network in the northwestern corner of the property so that the interparcel connections might be utilized with the current road configuration of the Mobile Home Park. Public inter parcel connection to the adjacent properties is proposed in the locations identified on the GDP. The proffer statement provides for the right -of -way dedication at no cost to the County should the extension of the public road from the subject property onto the southern property (Valley View Farm) be pursued. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. As an alternative to assisting in implementing the construction of the road network identified in the Comprehensive Plan, the Applicant has proffered a monetary contribution in the amount of $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. The application's transportation program has been revised a number of time over the past 10 months. The latest proffer revision, dated July 30, 2007, no longer provides for the following: REZONING #12 -06 Carriage Park August 16, 2007 Page7ofl7 The design of relocated Valley Mill Road in general and specifically from the project entrance to Route 7. The extension of the projects public street to Valley Mill Road through the adjacent Valley Mill Farm property. The design and construction of the signal on Route 7 in a manner that would accommodate the future construction of the Route 37 ramps. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 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 Opequon Wastewater Treatment Plant. 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 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 The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students. 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type at 240 units would generate approximately the sane amount of students. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11 °i elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build REZONING #12 -06 Carriage Park August 16, 2007 Page 8 of 17 out and occupancy of previously approved residential projects in the UDA. The 12 elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 2006 update of the Development Impact Model has been followed by the Applicant in this latest submission. Based on the 2006 update, the impacts associated with entirely residential projects are fixed at $15,530 for single family attached residential dwellings. This application previously addressed community facility impacts and needs by proffering a payment consistent with the 2005 update of the DIM. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family attached unit: $583 for fire and rescue; $12,192 for schools: $1,712 for parks and recreation; $285 for library; $513 for public safety; and $245 for general government; $15,530 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8 -17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. 5) Proffer Statement Original dated January 25, 2006; final revision dated July 30, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to the project, residential land use areas, and open space and reservation areas within the Carriage Place development. The GDP may be utilized to a greater extent to more clearly address the sensitive environmental features on the property and the buffering of the adjacent residential uses. REZONING #12 -06 Carriage Park August 16, 2007 Page 9 of 17 B) Land Use The applicants have proffered to limit to the total number and type of residential units to allow up to 240 single family attached townhouse units. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year. The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach. the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of Valley Mill Road and Route 7 prior to the issuance of the 50 building permit. The Applicant has also proffered to construct a two lane public roadway on a sixty foot right of way. The construction of this road to the boundary of the Blue Ridge Mobile Home Park will occur prior to issuance of the 100 building permit. No direct access shall be permitted on the two lane public roadway. The applicant has proffered to reserve for dedication an area of open space that contains significant environmental features for future transportation improvements. The latest revision to the proffers includes a $3,000 per unit contribution to the County to use towards transportation improvements in the vicinity of the site. D) Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. E) Monetary Contribution The applicant has proffered a monetary contribution totaling $15,530 for each single family attached residential dwelling unit to offset the capital costs associated with this request. BOARD OF SUPERVISORS SUMMARY AND ACTION FOR 7/25/07 MEETING The latest application revisions (proffer dated 7/25/07) to this application were presented to the Board of Supervisors. The more significant revisions included: provisions for up to 240 single family attached units, accessed via an entrance on Valley Mill Road; signalization of the Route 7 and Valley Mill Road intersection; and a monetary contribution of $3,000 per unit towards transportation improvements in the REZONING #12 -06 Carriage Park August 16, 2007 Page 10 of 17 vicinity of the site. The Board felt that the applicant had undergone significant changes since the Planning Commission's review on May 16, 2007, and directed that the application be returned to the Planning Commission for their review and recommendation. The Board further directed staff to return the application to the Board of Supervisors on August 22, 2007. STAFF SUMMARY FOR 08/15/07 PLANNING COMMISSION MEETING: Since the Planning Commission's recommendation of denial of this rezoning request on May 16, 2007 the application has been modified substantially. While the application remains generally consistent with future land use designations of the Comprehensive Plan, it does not fully address the goals of the Frederick County Comprehensive Plan as highlighted in the staff report. The following items should be considered by the Planning Commission. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of Valley Mill Road and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 south bound ramps, including vertical and horizontal designs and all turning movements. The current proffer provides for signalization and some turn lane improvements, but does not address future Route 37 impacts. The application should guarantee the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. Unnecessary disturbance should be avoided. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction phases, should be a greater consideration of this application and as part of the proffer statement. The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. PLANNING COMMISSION SUMMARY AND ACTION FROM 8/15/07 MEETING: There were no public comments. The Commission appreciated the efforts that had been made by the Applicant on this application. In addition, the Commission stated their appreciation for the additional opportunity to review and provide a recommendation on this rezoning which was substantially different to that which they had previously reviewed. A motion was made, seconded, and passed by a majority vote to recommend approval of the rezoning. The majority vote was as follows: YES (REC. APPROVAL): Mohn, Ours, Triplett, Morris, Manuel, Unger, and Wilmot NO: Oates, Light (Note: Commissioners Thomas, Kriz. Kerr and Watt were absent from the meeting.) REZONING #12 -06 Carriage Park August 16, 2007 Page 11 of 17 Appendix A Review Agency Comments REVIEW EVALUATIONS: Virginia Dept. of Transportation: Multiple comments have been provided by VDOT on the various submissions of this application dating from their original comments provided on August 24, 2006 to their latest provided on May 16, 2007. At this time a comment has not been received from VDOT on the revised application submitted to the County on July 3, 2007. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Companv: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys. it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick -up would be an improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and REZONING #12 -06 Carriage Park August 16, 2007 Page 12 of 17 revised in the Proffer Statement, Paragraph 9.2 iii (Delete `if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick- Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian /bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick Countv Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a REZONING #12 -06 Carriage Park August 16, 2007 Page 13 of 17 form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. 1 note' that Paragraphs 1 through 11 of the current Proposed Proffer Statement are substantially the same as the Proposed Proffer Statement which 1 reviewed, with the exception that Paragraph 1.1 includes a provision for a maximum number of dwelling units, and the monetary proffers in Paragraph 3 through 7 vary somewhat from the monetary proffers set forth in the previous Proposed Proffer Statement. 2. In Paragraph 12.1, I would recommend that the words "by Applicant" be inserted after the word "constructed 3. With respect to Paragraph 12.2, the staff needs to determine if it is comfortable with road improvements being "as directed by VDOT", or whether the specific improvements are known at the time and should be described in the proffer. 4. With respect to the possible future road improvements "if directed by VDOT" referenced in Paragraph 12.3, I would recommend that the second sentence by worded to state: "Applicant shall design and construct extended turn lanes on eastbound /or westbound Route 7 at the signalized intersection, if directed by VDOT 5. 1 would recommend that Paragraph 12.5 be reworded to state as follows: "The Applicant shall reserve the portion o the property depicted on the GDP for any future transportation improvements deeded necessary by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County, within 30 days of the written request from V DOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. 6. As any given proffer could be central to the board's approval of a proffered rezoning, I would recommend that Paragragph 15 be deleted. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 20061»om Eric R. Lawrence, Planning Director. REZONING #12 -06 Carriage Park August 16, 2007 Page 14of17 Appendix B Planning Commission History and Action Summary PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right -of -way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason REZONING #12 -06 Carriage Park August 16, 2007 Page 15 of 17 for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1.600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long -term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and.unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30 -day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30 -day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) REZONING #12 -06 Carriage Park August 16, 2007 Page 16of17 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/16/07 MEETING: The applicant provided the Planning Commission with a modified Proffer Statement dated May 14, 2007, prior to the meeting. The Commission noted the changes made, in particular the reduction in the monetary contribution to Frederick County Public Schools. There were no public comments. Significant issues for members of the Commission involved transportation. In particular, concern was raised about Paragraph 12.2 of the applicant's proffer under Transportation regarding the timing for the signalized intersection on Route 7 and the desire to have relocated Valley Mill Road paved the entire way to existing Valley Mill Road. Commissioners preferred to have commitments by the applicant for the construction of the road and the intersection at the onset of the project and much earlier than the 125" building permit. They believed Paragraph 12.2 as written could leave the County exposed to a much worse situation, particularly for the residents in that area. Commission members questioned why the applicant was not constructing relocated Valley Mill Road as a major collector road, as called for in the Eastern Road Plan; they preferred to have the applicant commit to an 80 -foot right -of -way and not have individual lot access on the road. They wanted to make sure that as this road comes to fruition; it is developed as a major collector road and ultimately provides that function. Other Commissioners wanted to see the connection to the mobile home park done in Phase I. In addition, noted that if the adjoining property owner to the south was not willing to provide essential right -of -way, then the road would have to be moved further south, affecting the future ramp location for Route 37. This in turn would affect property owners in the area who were not previously affected by the path of Route 37. Commission members thought the proposal did have potential and the location of the intersection on Route 7 could possibly be an improvement; however, they believed there were a considerable number of loose ends to the proposal, particularly with the transportation phasing program. They encouraged the applicant to make changes to their proffers so the Board of Supervisors could review a refinement in the application. By a majority vote, the Planning Commission recommended denial of the rezoning. The majority vote was as follows: YES (TO REC. DENIAL): Morris, Oates, Wilmot, Ours, Kriz, Mohn NO: Unger, Thomas, Triplett REZONING #12 -06 Carriage Park August 16, 2007 Page 17 of 17 ABSTAIN: Kerr (Note: Commissioners Wan, Manuel, and Light were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 06/13/07 MEETING: The Board of Supervisors tabled this request until their July 25, 2007 meeting. Red Bud Ag Forestral District r simeent 1 PAW 0 p ,.,.,...,D.InN REZ #12 -06 Carriage Park Aerial Map 55 A -161, 165A, 166, 167, 167A, 168, 174A, 174B, 174D 0a�„ P t S 55 A i4o A 13 LAMSON, NORMAN ROSEMARIE S NO OLAN 55 A 152 p. MCALLISTER, TAN &P fr SOHNE 55 A to 1, 4 RASSIT GREEK. LP c U a cK`y AT Red Bud Ag 8 Forestial District 8 a' ,HA na A •RGE ETALS '14:1%. SRADFIE OS 55 A n4c SLUE RIDGE ASSOCIATES 55 A Ib55 MGHALE, MATTHEW GHA' Jj A 9 INCHESTER 'k, fR 55 A 1A VALLEY LL fARR RM, LC LL 55 4 4A eSrOkY GREY ALIGA F S Mc &Et 4. 1 Ci I' S; I 55 A 2"0 C Q THE CANYON ter 0 125 250 500 w CV 55 A TOLL VA V P 55 A i THE ANY N, 4 Feet �is', I"rY y" �`.�l 1► t o REZ #12 -06 ..e Carriage Park oPo= Location Map ©R.Bud 55 -A -161, 1E5A, 166, 167, 167A, 168, 174A, 1748, 174D) Red Bud Ag 8 Forestial District p N �a;1.... o °5 0 ME b. 0 o.,.. O w i O....8w ew a oE.m__. o.m. e.= ;o oa cEE ew;. a.�.. „o e d m. REZ #12 -06 Carriage Park Zoning Map (55 A -161, 165A, 166, 167, 167A, 168, 174A, 174B, 174D 'a E 4 t o 4 r- 55 A 144 L MSON, NORMAN ft ROSEMARIE 5 HD DLAN 55 A 151, MCALLISTER, TANS P 4 TDHN E Yt i t 55 A 14b o m RA5515 GREEK. LP a C W K x� 4 e a all 84 41./ Red Bud Ag 8 Forestal District 9 5 W ig •4 c a. A4- APJ H 5RADREt G Wt ETALS ue SWE RIDGE ASSOCIATES O i SP A 55 A 1455 MGHALE, MATTHEW CHA INCHESTER 55 A `IA FARM, IL VALLEY LL RM, I li Ss t_✓ J 55 4 4A es2OR GREY. ALICIA F MCkSE q o Mr q 2 e 4 Co u m F 55 A 214 IS p THE CANYON I y A 209 TOLL VA V, LT 55 A N THE A Y N N, I F AU NW 0 125 250 500 Feet C• �c �`r s l s 5� fc. 1►� 1 7 w cc __c.n �N 6 1. REZ oV gym. O Carriage Park Landuse Map 55 A -161, 165A, 166, 167, 167A, 168,174A,1746, 1740) 0 s REZONING APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Board of Supervisors Prepared: August 1, 2007 Staff Contact: Eric R. Lawrence, AICP, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: November 1, 2006 Tabled by Planning Commission March 21, 2007 Tabled at request of Applicant April 18, 2007 Tabled by Planning Commission May 16, 2007 Recommended Denial Board of Supervisors: June 13, 2007 Tabled by BOS July 25, 2007 Returned to PC for Review of Significant Application Revisions Planning Commission: August 15, 2007 Pending Prior to the Board of Supervisors' July 25, 2007, the applicant substantially revised the application, proffer statement, and generalized development plan. This staff report has been updated to reflect the most recent request which includes a proffer statement revision dated July 30, 2007. PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile home Community) District to RP District. totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses. LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55-A-1 74B. and 55- A -174D PROPERTY ZONING: RA (Rural Areas) District and MHI (Mobile Home Community) District PRESENT USE: Mobile Horne Community, residential, and vacant. REZONING #12 -06 Carriage Park August 1, 2007 Page 2 of 17 ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MH1 (Mobile Home Community) Review Agency Comments: See Appendix A Planning Zoning: 1) Site History 2) Comprehensive Policy Plan Use: Use: Use: Use: Residential Residential and Agricultural Residential Mobile Home Community The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MH Mobile Home zoning classifications. The County's A -1 and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Horne designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. 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] Land Use The parcels comprising this rezoning application are located within the County's Urban REZONING #12 -06 Carriage Park August 1, 2007 Page 3 of 17 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 Carriage Place 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. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. 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 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location on a new alignment In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is REZONING #12 -06 Carriage Park August 1.2007 Page 4 of 17 3) Site Suitability/Environment designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of' future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. 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 ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. By current County definition, this project contains relatively small areas of steep slopes. The road layout proposes access to the site directly from Valley Mill Road via a crossing of Abram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property, immediately south of the intersection of Valley Mill Road and Route 7. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection REZONING #12 -06 Carriage Park August 1, 2007 Page 5 of 17 of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. In addition, preservation of the existing pond should be incorporated into the project. It should be recognized that no buffer and screening ordinance requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has attempted to address this issue in the Proffer Statement by providing for a minimum landscaped buffer, a 15 foot landscaped buffer including a double row of evergreen trees a minimum of 4 feet in height, planted on 10 foot centers, along the southern portion of the project boundary with Valley Mill Farm which is shown on the GDP. An area of mature trees serves as an existing vegetative buffer. Current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. The preservation of these existing trees within a buffer area should be guaranteed in the proffer statement. Disturbance should be avoided! 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this project, dated September 8, 2006, and the more recent Addendum dated July 25, 2007, projected that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via an unsignalized site driveway along the west side of Route 659, Valley Mill Road. This TIA is referenced in the Proffer Statement as the TIA that the proffered transportation improvements will be designed and constructed consistent with. The September 8, 2006 TIA and July 25, 2007 Addendum are the basis for the current application, proffer statement, and Generalized Development Plan. This TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of Route 659, Valley Mill Road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. As noted previously, the Comprehensive Plan identifies that a level of service `C" should be maintained and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In addition, the application's proffered transportation program does not provide for the immediate construction of the signalization of Route 659, Valley Mill Road and Route 7, but delays the signalization improvement until the 50"' residential building permit or within 180 days of VDOT's request to install. REZONING #12 -06 Carriage Park August 1, 2007 Page 6 of 17 Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. Primary access to the site is from existing Route 659 Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. Previously, the existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. The application's proffer includes improvements to the existing section of Valley Mill Road from the projects entrance to Route 7; however, no detail of the design of these improvements has been proffered. The applications proffer also includes the construction of a traffic signal at the intersection of Valley Mill Road and Route 7; however, this will only occur prior to the issuance of the 50` building permit. One internal public street is proposed that runs from Route 659, Valley Mill Road to the southwestern corner of the property generally adjacent and parallel to the southeastern property line. The Applicant has proffered that this road will be constructed as a two lane public roadway on a 60 foot right of way with no direct lot access permitted on the road. No other internal streets have been identified in the GDP. The location of the road provides the ability to connect to the property to the southwest of the site and to the Blue Ridge Mobile Home Park immediately west of the property. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network in the northwestern corner of the property so that the interparcel connections might be utilized with the current road configuration of the Mobile Home Park. Public inter parcel connection to the adjacent properties is proposed in the locations identified on the GDP. The proffer statement provides for the right -of -way dedication at no cost to the County should the extension of the public road from the subject property onto the southern property (Valley View Farm) be pursued. As noted previously. the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. As an alternative to assisting in implementing the construction of the road network identified in the Comprehensive Plan, the Applicant has proffered a monetary contribution in the amount of $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. The application's transportation program has been revised a number of time over the past 10 months. The latest proffer revision, dated July 30, 2007, no longer provides for the following: REZONING #12 -06 Carriage Park August 1, 2007 Page 7 of 17 The design of relocated Valley Mill Road in general and specifically from the project entrance to Route 7. The extension of the projects public street to Valley Mill Road through the adjacent Valley Mill Farm property. The design and construction of the signal on Route 7 in a manner that would accommodate the future construction of the Route 37 ramps. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 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 Opequon Wastewater Treatment Plant. 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 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 The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type at 240 units would generate approximately the same amount of students. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the JJ elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build REZONING #12 -06 Carriage Park August 1, 2007 Page 8 of 17 out and occupancy of previously approved residential projects in the UDA. The 12 elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 2006 update of the Development Impact Model has been followed by the Applicant in this latest submission. Based on the 2006 update, the impacts associated with entirely residential projects are fixed at $15,530 for single family attached residential dwellings. This application previously addressed community facility impacts and needs by proffering a payment consistent with the 2005 update of the DIM. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family attached unit: $583 for fire and rescue; $12,192 for schools: $1,712 for parks and recreation; $285 for library; $513 for public safety; and $245 for general government: $15,530 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-1 7). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. 5) Proffer Statement Original dated January 25, 2006; final revision dated July 30, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to the project, residential land use areas, and open space and reservation areas within the Carriage Place development. The GDP may be utilized to a greater extent to more clearly address the sensitive environmental features on the property and the buffering of the adjacent residential uses. REZONING #12 -06 Carriage Park August 1, 2007 Page 9 of 17 B) Land Use The applicants have proffered to limit to the total number and type of residential units to allow up to 240 single family attached townhouse units. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year. The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of Valley Mill Road and Route 7 prior to the issuance of the 50 building permit. The Applicant has also proffered to construct a two lane public roadway on a sixty foot right of way. The construction of this road to the boundary of the Blue Ridge Mobile Home Park will occur prior to issuance of the 100 building permit. No direct access shall be permitted on the two lane public roadway. The applicant has proffered to reserve for dedication an area of open space that contains significant environmental features for future transportation improvements. The latest revision to the proffers includes a $3,000 per unit contribution to the County to use towards transportation improvements in the vicinity of the site. D) Historic Resource Protection The applicant has proffered a $25.000 contribution to the County for purposes associated with security fencing at Star Fort. E) Monetary Contribution The applicant has proffered a monetary contribution totaling $15,530 for each single family attached residential dwelling unit to offset the capital costs associated with this request. BOARD OF SUPERVISORS SUMMARY AND ACTION FOR 7/25/07 MEETING The latest application revisions (proffer dated 7/25107) to this application were presented to the Board of Supervisors. The more significant revisions included: provisions for up to 240 single family attached units, accessed via an entrance on Valley Mill Road; signalization of the Route 7 and Valley Mill Road intersection; and a monetary contribution of $3,000 per unit towards transportation improvements in the REZONING #12 -06 Carriage Park August 1, 2007 Page 10 of 17 vicinity of the site. The Board felt that the applicant had undergone significant changes since the Planning Commission's review on May 16, 2007, and directed that the application be returned to the Planning Commission for their review and recommendation. The Board further directed staff to return the application to the Board of Supervisors on August 22, 2007. STAFF SUMMARY FOR 08/15/07 PLANNING COMMISSION MEETING: Since the Planning Commission's recommendation of denial of this rezoning request on May 16, 2007 the application has been modified substantially. While the application remains generally consistent with future land use designations of the Comprehensive Plan, it does not fully address the goals of the Frederick County Comprehensive Plan as highlighted in the staff report. The following items should be considered by the Planning Commission. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of Valley Mill Road and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. The current proffer provides for signalization and some turn lane improvements, but does not address future Route 37 impacts. The application should guarantee the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. Unnecessary disturbance should be avoided. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction phases, should be a greater consideration of this application and as part of the proffer statement. The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. REZONING #12 -06 Carriage Park August 1, 2007 Page 11 of 17 Appendix A Review Agency Comments REVIEW EVALUATIONS: Virginia Dept. of Transportation: Multiple comments have been provided by VDOT on the various submissions of this application dating from their original comments provided on August 24, 2006 to their latest provided on May 16, 2007. At this time a comment has not been received from VDOT on the revised application submitted to the County on July 3, 2007. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick -up would be an improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and REZONING 1112 -06 Carriage Park August 1, 2007 Page 12 of 17 revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. However. residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a REZONING #12 -06 Carriage Park August 1, 2007 Page 13 of 17 form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I note that Paragraphs 1 through 11 of the current Proposed Proffer Statement are substantially the same as the Proposed Proffer Statement which I reviewed. with the exception that Paragraph 1.1 includes a provision for a maximum number of dwelling units, and the monetary proffers in Paragraph 3 through 7 vary somewhat from the monetary proffers set forth in the previous Proposed Proffer Statement. 2. In Paragraph 12.1, I would recommend that the words "by Applicant" be inserted after the word "constructed 3. With respect to Paragraph 12.2, the staff needs to determine if it is comfortable with road improvements being "as directed by VDOT or whether the specific improvements are known at the time and should be described in the proffer. 4. With respect to the possible future road improvements "if directed by VDOT" referenced in Paragraph 12.3, I would recommend that the second sentence by worded to state: "Applicant shall design and construct extended turn lanes on eastbound /or westbound Route 7 at the signalized intersection, if directed by VDOT 5. 1 would recommend that Paragraph 12.5 be reworded to state as follows: "The Applicant shall reserve the portion o the property depicted on the GDP for any future transportation improvements deeded necessary by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County, within 30 days of the written request from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. 6. As any given proffer could be central to the board's approval of a proffered rezoning, I would recommend that Paragragph15 be deleted. It should be noted that 1 have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The I -IRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: e Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. o The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached leiter dated August 3, 2006 from Eric R. Lawrence, Planning Director. REZONING #12 -06 Carriage Park August 1, 2007 Page 14of17 Appendix B Planning Commission History and Action Summary PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right -of -way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation. which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the H RAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort. in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally-sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner. Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason REZONING #12 -06 Carriage Park August 1, 2007 Page 15 of 17 for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long -term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore. they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30 -day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30 -day tabling to April 18, 2007. (Commissioner linger was absent from the meeting.) REZONING #12 -06 Carriage Park August 1, 2007 Page 16of17 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/16/07 MEETING: The applicant provided the Planning Commission with a modified Proffer Statement dated May 14, 2007, prior to the meeting. The Commission noted the changes made, in particular the reduction in the monetary contribution to Frederick County Public Schools. There were no public comments. Significant issues for members of the Commission involved transportation. In particular, concern was raised about Paragraph 12.2 of the applicant's proffer under Transportation regarding the timing for the signalized intersection on Route 7 and the desire to have relocated Valley Mill Road paved the entire way to existing Valley Mill Road. Commissioners preferred to have commitments by the applicant for the construction of the road and the intersection at the onset of the project and much earlier than the 125 building permit. They believed Paragraph 12.2 as written could leave the County exposed to a much worse situation, particularly for the residents in that area. Commission members questioned why the applicant was not constructing relocated Valley Mill Road as a major collector road, as called for in the Eastern Road Plan; they preferred to have the applicant commit to an 80 -foot right -of -way and not have individual lot access on the road. They wanted to make sure that as this road comes to fruition; it is developed as a major collector road and ultimately provides that function. Other Commissioners wanted to see the connection to the mobile home park done in Phase 1. In addition, noted that if the adjoining property owner to the south was not willing to provide essential right -of -way, then the road would have to be moved further south, affecting the future ramp location for Route 37. This in turn would affect property owners in the area who were not previously affected by the path of Route 37. Commission members thought the proposal did have potential and the location of the intersection on Route 7 could possibly be an improvement; however, they believed there were a considerable number of loose ends to the proposal, particularly with the transportation phasing program. They encouraged the applicant to make changes to their proffers so the Board of Supervisors could review a refinement in the application. By a majority vote, the Planning Commission recommended denial of the rezoning. The majority vote was as follows: YES (TO REC. DENIAL): Morris, Oates, Wilmot, Ours, Kriz, Mohn NO: Unger, Thomas, Triplett REZONING 1112 -06 Carriage Park August 1, 2007 Page 17 of 17 ABSTAIN: Kerr (Note: Commissioners Watt, Manuel, and Light were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 06/13/07 MEETING: The Board of Supervisors tabled this request until their July 25, 2007 meeting. North: South: East: West: Planning Commission: Planning Commission: Board of Supervisors: Reviewed November 1, 2006 March 21, 2007 April 18, 2007 May 16, 2007 June 13, 2007 July 25, 2007 MAGISTERIAL DISTRICT: Red Bud RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MH1 (Mobile Home Community) REZONING,APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Board of Supervisors Prepared: July 12, 2007 Staff Contact: Michael T. Ruddy, AICP, 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. Action 'fabled by Planning Commission Tabled at request of Applicant Tabled by Planning Commission Recommended Denial Tabled by 130S to 07/25/07 Pending Following the June 13, 2007 Board of Supervisors meeting, the Applicant has substantially revised the application, proffer statement, and generalized development plan. This staff report has been updated to reflect the most recent request which was submitted on July 3, 2007. PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses. LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. PROPERTY ID NUMBERS: 55 -A -161. 55- A -165A, 55 -A -166, 55 -A -167, 55- A -I67A, 55 -A -168, 55- A -174A, 55- A -174B, and 55- A -174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING PRESENT USE: Use: Use: Use: Use: Residential Residential and Agricultural Residential Mobile Home Community Rezoning #12 -06 Carriage Park July 12. 2007 Page 2 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MH Mobile Home zoning classifications. The County's A -1 and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. 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] 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 Carriage Place 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. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to Rezoning #12 -06 Carriage Park July 12, 2007 Page 3 accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area ofthe project and promoting the protection of sensitive environmental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastem 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 should be constructed by the developer when warranted by the scale, intensity, or impacts ofthe development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location on a new alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. 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 ensure that needed road improvements are identified in order to maintain or improve upon the level of Rezoning #12 -06 Carriage Park July 12, 2007 Page 4 service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. By current County definition, this project contains relatively small areas of steep slopes. The road layout proposes access to the site directly from Valley Mill Road via a crossing of Abram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property, immediately south of the intersection of Valley Mill Road and Route 7. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part ofthe proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. In addition, preservation of the existing pond should be incorporated into the project. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has attempted to address this issue in the Proffer Statement by providing for a minimum landscaped buffer, a 15 foot landscaped buffer including a double row of evergreen trees a minimum of 4 feet in height, along the southern portion of the project boundary with Valley Mill Farm which is shown on the GDP. An area of mature trees serves as an existing vegetative buffer. Current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded Rezoning #12 -06 Carriage Park July 12, 2007 Page 5 areas as a desirable buffer to the surrounding properties. The preservation of these existing trees within a buffer area should be guaranteed in the proffer statement. Disturbance should be avoided. 4) Potential lmpacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this project, dated September 8, 2006, projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The report was developed with access to the site provided via an unsignalized site driveway along the west side of Route 659, Valley Mill Road. This TIA is referenced in the Proffer Statement as the TIA that the proffered transportation improvements will be designed and constructed consistent with. An addendum to this TIA, dated February 23, 2007, was prepared that had an updated vehicle trip projection of 2,088 vehicle trips per day based upon the development of 240 single family attached townhouse units. This report was developed with site access to the project via a new signalized driveway onto the south side of Route 7. Reference to this addendum to the TIA has been removed from the Proffer Statement. The September 8, 2006 TIA is the basis for the current application, proffer statement, and Generalized Development Plan. This TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of Route 659, Valley Mill Road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Please be aware that the conclusions offered in this TIA are based upon a trip generation that is significantly less than the current rezoning proposal (I,348vpd v 2,088vpd). Based upon this change, Staff would state that the application's TIA does not demonstrate that an acceptable level of service will be maintained on roads adjacent to and within this development, particularly at the intersection of Route 659, Valley Mill Road and Route 7. As noted previously, the Comprehensive Plan identifies that a level of service "C" should be maintained and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In addition, the applications proffered transportation program does not provide for the immediate construction of the signalization of Route 659, Valley Mill Road and Route 7. Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. Primary access to the site is from existing Route 659 Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. Rezoning #12 -06 Carriage Park July 12, 2007 Page 6 Previously, the existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. The applications proffer includes improvements to the existing section of Valley Mill Road from the projects entrance to Route 7; however, no detail of the design of these improvements has been proffered. The applications proffer also includes the construction of a traffic signal at the intersection of Valley Mill Road and Route 7; however, this will only occur prior to the issuance of the 50` building permit. One internal public street is proposed that runs from Route 659, Valley Mill Road to the southwestern comer of the property generally adjacent and parallel to the southeastern property line. The Applicant has proffered that this road will be constructed as a two lane public roadway on a 60 foot right of way with no direct lot access permitted on the road No other intemal streets have been identified in the GDP. The location of the road provides the ability to connect to the property to the southwest of the site and to the Blue Ridge Mobile Home Park immediately west of the property. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network in the northwestern corner of the property. Public inter parcel connection to the adjacent properties is proposed in the locations identified on the GDP. The application should ensure that the reserve areas identified for future interparcel connection is available for dedication upon request by the County and at no cost. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road No effort has been made to assist in the implementation of the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan. As an alternative to assisting in implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. In addition, the application's transportation program no longer provides for the following: The design of relocated Valley Mill Road in general and specifically from the project entrance to Route 7. The extension of the projects public street to Valley Mill Road through the adjacent Valley Mill Fann property. The design and construction of the signal on Route 7 in a manner that would accommodate the future construction of the Route 37 ramps. Rezoning #12 -06 Carriage Park July 12, 2007 Page 7 Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the overall transportation program does not address the transportation impacts created by the proposal and does not promote an approach that furthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 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 Opequon Wastewater Treatment Plant. 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 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 The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type at 240 units would generate approximately the same amount of students. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the ll' elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12 elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. Rezoning #12 -06 Carriage Park July 12, 2007 Page 8 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 2006 update of the Development impact Model has been followed by the Applicant in this latest submission. Based on the 2006 update, the impacts associated with entirely residential projects are fixed at $15,530 for single family attached residential dwellings. This application previously addressed community facility impacts and needs by proffering a payment consistent with the 2005 update of the DIM. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family attached unit: $583 for fire and rescue $12.192 for schools: $1,712 for parks and recreation; $285 for library; $513 for public safety; and $245 for general government; $15,530 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8 1 7). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. 5) Proffer Statement Original dated January 25, 2006; final revision dated June 29, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to the project, residential land use areas, and open space and reservation areas within the Carriage Place development. The GDP may be utilized to a greater extent to more clearly address the sensitive environmental features on the property and the buffering of the adjacent residential uses. B) Land Use The applicants have proffered to limit to the total number and type of residential units to allow up to 240 single family attached townhouse units. Rezoning #12 -06 Carriage Park July 12, 2007 Page 9 The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year. The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach. the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of Valley Mill Road and Route 7 prior to the issuance of the 50` building permit. The Applicant has also proffered to construct a two lane public roadway on a sixty foot right of way. The construction of this road to the boundary of the Blue Ridge Mobile Home Park will occur prior to issuance of the 100` building permit. No direct access shall be permitted on the two lane public roadway. The applicant has proffered to reserve for dedication an area of open space that contains significant environmental features for future transportation improvements. D) Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. E) Monetary Contribution The applicant has proffered a monetary contribution totaling $15,530 for each single family attached residential dwelling unit to offset the capital costs associated with this request. STAFF SUMMARY FOR 07/25/07 BOARD OF SUPERVISORS MEETING: Since the Planning Commission's recommendation of denial of this rezoning request on May 16, 2007 the application has been modified substantially. While the application remains generally consistent with future land use designations of the Comprehensive Plan, it does not fully address the goals of the Frederick County Comprehensive Plan as highlighted in the staff report. As presented, this application does not adequately address the impacts associated with this request; in particular, the transportation impacts. The following items should be addressed to the satisfaction of the Board. The TIA is based upon a trip generation that is significantly less than the current rezoning proposal (1,348vpd v 2,088vpd). Therefore, the application's TIA does not demonstrate that an acceptable level of service will be maintained on roads adjacent to and within this development, particularly at the intersection of Route 659, Valley Mill Road and Route 7. Rezoning #12 -06 Carriage Park July 12, 2007 Page 10 1 The applications proffered transportation program does not provide for the immediate construction of the signalization of Route 659, Valley Mill Road and Route 7. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of Valley Mill Road and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The application should guarantee the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. Unnecessary disturbance should be avoided. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction phases, should be a greater consideration of this application and as part of the proffer statement. The application should ensure that the reserve area identified for future interparcel connection is available for dedication upon request by the County and at no cost. The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration as should those offered by the Department of Parks and Recreation. Appendix A Review Agency Comments REVIEW EVALUATIONS: Virginia Dept. of Transportation: Multiple comments have been provided by VDOT on the various submissions of this application dating from their original comments provided on August 24, 2006 to their latest provided on May 16, 2007. At this time a comment has not been received from VDOT on the revised application submitted to the County on July 3, 2007. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick -up would be an improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Appendix A Review Agency Comments Carriage Park July 12, 2007 Page 2 Frederick County Inspections: No comment required at this time. Frederick- Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Horne Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 1 1 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential Lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of Appendix A Review Agency Comments Carriage Park July 12. 2007 Page 3 only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDP.4. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that T have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate. as it is my understanding that that review will be done by the staff and the Planning Commission. Mr. Mitchell was provided with the latest proffer statement submitted on July3, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The 1-IRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. Patrick, Original Message From: Ingram, Lloyd [mailto:Lloyd. Ingram @VDOT.Virginia.gov) Sent: Tuesday, July 17, 2007 11:38 AM To: Patrick R. Sowers Cc: Mike Ruddy Subject: Carriage Park Proffers After reviewing the proposed proffers, VDOT offers the following comments: 12.3 it would be preferable if the proffer was more flexible to allow for VDOT to determine when the signal was warranted and then require installation 180 days after written notice was issued. Was there to be any proffered per unit dollar value dedicated to the area roadway improvements? This had been seen earlier in the rezoning process but appears to be missing in this latest revision. Regards, Lloyd A. Ingram Transportation Engineer VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984 -5611 (540) 984 -5607 (fax) Appendix B Planning Commission History and Action Summary PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right -of -way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained Appendix B PC Action Summary and Action Carriage Park July 12, 2007 Page 2 that considering the amount of long -term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn. could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30 -day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30 -day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) Appendix B PC Action Summary and Action Carriage Park July 12, 2007 Page 3 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/16/07 MEETING: The applicant provided the Planning Commission with a modified Proffer Statement dated May 14, 2007, prior to the meeting. The Commission noted the changes made, in particular the reduction in the monetary contribution to Frederick County Public Schools. There were no public comments. Significant issues for members of the Commission involved transportation. In particular, concern was raised about Paragraph 12.2 of the applicant's proffer under Transportation regarding the timing for the signalized intersection on Route 7 and the desire to have relocated Valley Mill Road paved the entire way to existing Valley Mill Road. Commissioners preferred to have commitments by the applicant for the construction of the road and the intersection at the onset of the project and much earlier than the 125 building permit. They believed Paragraph 12.2 as written could leave the County exposed to a much worse situation, particularly for the residents in that area. Commission members questioned why the applicant was not constructing relocated Valley Mill Road as a major collector road. as called for in the Eastern Road Plan; they preferred to have the applicant commit to an 80 -foot right -of -way and not have individual lot access on the road. They wanted to make sure that as this road comes to fruition; it is developed as a major collector road and ultimately provides that function. Other Commissioners wanted to see the connection to the mobile home park done in Phase I. In addition, noted that if the adjoining property owner to the south was not willing to provide essential right -of -way, then the road would have to be moved further south, affecting the future ramp location for Route 37. This in turn would affect property owners in the area who were not previously affected by the path of Route 37. Commission members thought the proposal did have potential and the location of the intersection on Route 7 could possibly be an improvement; however, they believed there were a considerable number of loose ends to the proposal, particularly with the transportation phasing program. They encouraged the applicant to make changes to their proffers so the Board of Supervisors could review a refinement in the application. By a majority vote, the Planning Commission recommended denial of the rezoning. The majority vote was as follows: YES (TO REC. DENIAL): Morris, Oates, Wilmot, Ours. Kriz, Mohn Appendix B PC Action Summary and Action Carriage Park July 12, 2007 Page 4 NO: Unger, Thomas, Triplett ABSTAIN: Kerr (Note: Commissioners Watt, Manuel, and Light were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 06/13/07 MEETING: The Board of Supervisors tabled this request until their July 25, 2007 meeting. REZONING APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Board of Supervisors Prepared: June 4, 2007 Staff Contact: Michael T. Ruddy, AICP, 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: Planning Commission: Reviewed November 1, 2006 March 21, 2007 April 18, 2007 May 16, 2007 Action Tabled by Planning Commission Tabled at request of Applicant Tabled by Planning Commission Recommended Denial Board of Supervisors June 13, 2007 Pending* *Please refer to the staff update on Page 19 for a BOS summary review of this application. PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal was for 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, and 55- A -174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MH1 (Mobile Home Community) Use: Use: Use: Use: Residential Residential and Agricultural Residential Mobile Home Community Rezoning #12 -06 Carriage Park June 4, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006. Please see attached revised comments dated February 23, 2007from Mr. Lloyd Ingram, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will Rezoning #12 -06 Carriage Park June 4, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that consideration of curbside pick -up would be an improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12 -06 Carriage Park June 4, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDP.4. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Mr. Mitchell was provided with the latest proffer statement submitted on February 23, 2007. His comments were provided to the Applicant. The most recent 5/14/07 proffer, submitted at the 5/16/07 PC meeting, was also forwarded to Mr. Mitchell His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. Rezoning #12 -06 Carriage Park June 4, 2007 Page 5 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized Development Plan which is a part of the Proffer Statement has also been modified The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November I, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MH Mobile Home zoning classifications. The County's A -1 and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development ofthe remaining areas ofthe Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. 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] 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 Carriage Place property is located for residential land uses. Rezoning #12 -06 Carriage Park June 4, 2007 Page 6 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. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. 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 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning #12 -06 Carriage Park June 4, 2007 Page 7 3) Site Suitability /Environment 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 ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing of Abram's Creek and its associatedfloodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. Rezoning #12-06 Carriage Park June 4, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HRAB. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. The Applicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road. No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacent property to the west are proposed. Rezoning #12-06 Carriage Park June 4, 2007 Page 9 Background. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishment of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. Since the Planning Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7 that were not previously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not juste impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. Rezoning 12 -06 Carriage Park June 4, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on/off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u -turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. Rezoning #12 -06 Carriage Park June 4, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does not promote an approach that furthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 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 Opequon Wastewater Treatment Plant. 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 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 The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same Rezoning #12 -06 Carriage Park June 4, 2007 Page 12 amount Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11" elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12 elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application previously addressed community facility impacts and needs by proffering a payment in the amount of $17,732 for single family attached residential dwellings to mitigate the impact to the identified community facilities. The latest 5/14/07 proffer reduces the amount proffered for public schools. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8 -1 7). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. Rezoning #12 -06 Carriage Park June 4, 2007 Page 13 5) Proffer Statement Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Revision Dated January 25, 2007 was reviewed by PC. Most recent revision dated 5/14/07 was discussed during 5/16/07 PC meeting. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the commitment was over a minimum three year period). The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125 building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 125` building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. Rezoning #12 -06 Carriage Park June 4, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report. and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic- control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right -of -way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Rezoning #12 -06 Carriage Park June 4, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long -term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) Rezoning #12 -06 Carriage Park June 4, 2007 Page 16 STAFF UPDATE FOR 03/21/07 PLANNING COMMISSION MEETING: The Commission previously tabled the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection, the environmental impacts of the project, and what the transportation system would look like relative to the proposed improvements of the Eastern Road Plan. The Applicant has not responded directly to these issues. However, the applicant has substantially revised the application. The changes generally exceed the scope of what the Planning Commission had previously discussed. The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not appear to fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on /off ramp. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Rezoning #12-06 Carriage Park June 4, 2007 Page 17 The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30 -day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30 -day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) STAFF UPDATE FOR 04/18/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. A request was provided by the Applicant on April 4, 2007 to continue the consideration of this application for an additional time period (see attached letter). The Planning Commission may address this request at your 4/18/07 meeting. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) Rezoning 12 -06 Carriage Park June 4, 2007 Page 18 STAFF UPDATE FOR 05/16/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. The Planning Commission may address this request at your 5/16/07 meeting. The update and recommendations provided by Staff for your 03/21/07 meeting (see page 16) remain valid and reflect the most current information provided by the Applicant in support of their request. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/16/07 MEETING: The applicant provided the Planning Commission with a modified Proffer Statement dated May 14, 2007, prior to the meeting. The Commission noted the changes made, in particular the reduction in the monetary contribution to Frederick County Public Schools. There were no public comments. Significant issues for members of the Commission involved transportation. In particular, concern was raised about Paragraph 12.2 of the applicant's proffer under Transportation regarding the timing for the signalized intersection on Route 7 and the desire to have relocated Valley Mill Road paved the entire way to existing Valley Mill Road. Commissioners preferred to have commitments by the applicant for the construction of the road and the intersection at the onset of the project and much earlier than the 125 building permit. They believed Paragraph 12.2 as written could leave the County exposed to a much worse situation, particularly for the residents in that area. Commission members questioned why the applicant was not constructing relocated Valley Mill Road as a major collector road, as called for in the Eastern Road Plan; they preferred to have the applicant commit to an 80 -foot right -of -way and not have individual lot access on the road. They wanted to make sure that as this road comes to fruition; it is developed as a major collector road and ultimately provides that function. Other Commissioners wanted to see the connection to the mobile home park done in Phase I. In addition, noted that if the adjoining property owner to the south was not willing to provide essential right -of -way, then the road would have to be moved further south, affecting the future ramp location for Route 37. This in turn would affect property owners in the area who were not previously affected by the path of Route 37. Commission members thought the proposal did have potential and the location of the intersection on Route 7 could possibly be an improvement; however, they believed there were a considerable number of loose ends to the proposal, particularly with the transportation phasing program. They encouraged the applicant to make changes to their proffers so the Board of Supervisors could review a refinement in the application. By a majority vote, the Planning Commission recommended denial of the rezoning. The majority vote was as follows: YES (TO REC. DENIAL): Morris, Oates, Wilmot, Ours, Kriz, Mohn NO: Unger, Thomas, Triplett Rezoning #12-06 Carriage Park June 4, 2007 Page 19 ABSTAIN: Kerr (Note: Commissioners Watt, Manuel, and Light were absent from the meeting.) STAFF UPDATE FOR 06/13/07 BOARD OF SUPERVISORS MEETING: No changes have been made to the Carriage Park application since the Planning Commission's recommendation was provided on May 16, 2007. The latest version of the proffer statement is May 14, 2007. Please be aware of the enclosed correspondence provided by the adjacent land owner whose property is significantly linked to this application and proffer statement. The correspondence is not supportive of the application and the commitments that are offered, particularly those that impact the Valley Mill Farm property. The correspondence is supportive of the County's long range transportation efforts, particularly the realignment of Valley Mill Road in the manner depicted on the Eastern Road Plan. The report and the Planning Commission's review highlighted that the Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should continue to be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a road connection that would affect the relocated alignment for the future Route 37 on/off ramp. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this road and major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Rezoning #12-06 Carriage Park June 4, 2007 Page 20 Home Park in the general location of the existing street network, in a timely manner. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban Development Area and all roads should be built with an urban typical section. The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. The reduction in the monetary contribution to public schools should be recognized. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The proffer statement indicates placing the road directly adjacent to, and on the adjacent Valley Mill Farm property, and the buffer on this adjacent property. Please see the correspondence from this property owner. The protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction pleases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. As presented, this application does not adequately address the impacts associated with this request; in particular, the transportation impacts, and creates additional impacts on adjacent property. All efforts should continue to be made to promote and implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan. Planning Commission: Planning Commission: Board of Supervisors: REZONING APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: April 4, 2007 Staff Contact: Michael T. Ruddy, AICP, 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. 11 may also he useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed November 1, 2006 March 21, 2007 April 18, 2007 May 9, 2007 Action Tabled by Planning Commission Tabled at request of Applicant Pending Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal was for 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7. east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, and 55- A -174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: North: South: East: West: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING PRESENT USE: RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MHI (Mobile Home Community) Use: Use: Use: Use: Residential Residential and Agricultural Residential Mobile Home Community Rezoning #12 -06 Carriage Place April 4, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context ofthe proffers, the desire ofthe Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006. Please see attached revised comments dated February 23, 2007 from Mr. Lloyd Ingram, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will Rezoning #12-06 Carriage Place April 4, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick -up would be an improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at /on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick- Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12 -06 Carriage Place April 4, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However. the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDP.4. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Mr. Mitchell has been provided with the latest proffer statement submitted on February 23, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. o The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. Rezoning #12 -06 Carriage Place April 4, 2007 Page 5 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized Development Plan which is a part of the Proffer Statement has also been modified. The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November 1, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MH Mobile Home zoning classifications. The County's A -1 and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. 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] 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 Carriage Place property is located for residential land uses. Rezoning #12 -06 Carriage Place April 4, 2007 Page 6 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. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. 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 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition. Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning #12-06 Carriage Place April 4, 2007 Page 7 3) Site Suitability /Environment 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 ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing of Abram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. Rezoning #12 -06 Carriage Place April 4, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HRAB. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The latest Traffic impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the south west of the site. The Applicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road. No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacent property to the west are proposed Rezoning #12 -06 Carriage Place April 4, 2007 Page 9 Background. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishment of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. Since the Planning Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on /off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp front aligning with existing Valley Mill Road. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7 that were not previously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. Rezoning #12 -06 Carriage Place April 4, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on /off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u -turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. Rezoning #12 -06 Carriage Place April 4, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does not promote an approach that furthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 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 Opequon Wastewater Treatment Plant. 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 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 The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same Rezoning #12-06 Carriage Place April 4, 2007 Page 12 amount Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11 elementary school opened in theft!! of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12 elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $17,732 for single family attached residential dwellings to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1.634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8 -1 7). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. Rezoning #12-06 Carriage Place April 4, 2007 Page 13 5) Proffer Statement Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Latest Revision Dated January 25, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the commitment was over a minimum three year period). The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125` building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 12? building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. Rezoning #12 -06 Carriage Place April 4, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm. and trees to fall. Rezoning #12 -06 Carriage Place April 4, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the appl icant from crossing the environmentally sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long -term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concems were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) Rezoning #12 -06 Carriage Place April 4, 2007 Page 16 STAFF UPDATE FOR 03/21/07 PLANNING COMMISSION MEETING: The Commission previously tabled the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection, the environmental impacts of the project, and what the transportation system would look like relative to the proposed improvements of the Eastern Road Plan. The Applicant has not responded directly to these issues. However, the applicant has substantially revised the application. The changes generally exceed the scope of what the Planning Commission had previously discussed. The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not appear to fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on /off ramp. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Rezoning #12 -06 Carriage Place April 4, 2007 Page 17 The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. 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 (a second public /hearing is being held due to the scope of the modifications to the application). The applicant should be prepared to adequately address all concerns raised by the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30 -day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30 -day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) STAFF UPDATE FOR 04/18/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. A request was provided by the Applicant on April 4, 2007 to continue the consideration of this application for an additional time period (see attached letter). The Planning Commission may address this request at your 4/18/07 meeting. REZONING APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: March 5, 2007 Staff Contact: Michael T. Ruddy, AICP, 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. 11 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: Planning Commission: Board of Supervisors: Reviewed November 1, 2006 March 21, 2007 April 11, 2007 PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MI -I1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal was for 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A. 55 -A -168. 55 A 174A, 55 A 174B, and 55 A 174D PROPERTY ZONING: RA (Rural Areas) District and MH I (Mobile 1 -Tome Community) District PRESENT USE: North: South: East: West: Mobile Horne Community, residential, and vacant. ADJOINING PROPERTY ZONING PRESENT USE: RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MI-11 (Mobile Home Community) Action Tabled by Planning Commission Pending Pending Use: Use: Use: Use: �o Residential Residential and Agricultural Residential Mobile 1 -Tome Community Rezoning #12 -06 Carriage Place March 6, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006 Please see attached revised comments dated February 23, 2007 from Mr. Lloyd Ingrain, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually. the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will Rezoning #12 -06 Carriage Place March 6, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick -up would be an improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore. any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick Winchester Service Authority: The first item of concem is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design /construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian /bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students. and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12 -06 Carriage Place March 6, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDP.4. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Mr. Mitchell has been provided with the latest proffer statement submitted on February 23, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed infonnation associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. Rezoning #12 -06 Carriage Place March 6, 2007 Page 5 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized Development Plan which is a part of the Proffer Statement has also been modified. The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November 1, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MFI Mobile Home zoning classifications. The County's A -1 and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Horne Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. 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] 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 Carriage Place property is located for residential land uses. Rezoning #12 -06 Carriage Place March 6, 2007 Page 6 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. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. 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 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning #12 -06 Carriage Place March 6, 2007 Page 7 3) Site Suitability/Environment 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 ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. The Carriage Place site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in tloodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing of Abram's Creek and its associatedfloodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. Rezoning #12 -06 Carriage Place March 6, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the FIRAB. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. The Applicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road. No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacent property to the west are proposed. Rezoning #12 -06 Carriage Place March 6, 2007 Page 9 Background. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishment of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mil! Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. Since the Planning Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on /off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbrmn's Creek is dictated by minimum curve radius standards which would preclude this ramp front aligning with existing Valley Mill Road. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7 that were not previously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. Rezoning #12 -06 Carriage Place March 6, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on /off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 south bound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u -turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. Rezoning #12 -06 Carriage Place March 6, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter- parcel connectivity ofthe public street system is a requirement ofthe zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does not promote an approach that furthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32.200 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 Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations prontulgated 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 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 The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same Rezoning #12 -06 Carriage Place March 6, 2007 Page 13 5) Proffer Statement Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Latest Revision Dated January 25, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the commitment was over a minimum three year period). The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125 building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 12S` building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. Rezoning #12 -06 Carriage Place March 6, 2007 Page 12 amount Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11"' elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The l2 elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $17,732 for single family attached residential dwellings to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-1 7). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. Rezoning #12 -06 Carriage Place March 6, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future and use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements ofthe rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic- control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right -of -way can be acquired across the Stafford property back to Valley Mill Road He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion ofthe hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Rezoning #12 -06 Carriage Place March 6, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long -term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) Planning Commission: Planning Commission: Board of Supervisors: Reviewed November 1, 2006 March 21, 2007 April 18, 2007 May 16, 2007 June 13, 2007 REZONING APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: April 30, 2007 Staff Contact: Michael T. Ruddy, AICP, 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. Action Tabled by Planning Commission Tabled at request of Applicant Tabled by Planning Commission Pending Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal was for 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, and 55 A 174D PROPERTY ZONING: RA (Rural Areas) District and MHl (Mobile Home Community) District PRESENT USE: ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: Mobile Home Community, residential, and vacant. RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MH1 (Mobile Home Community) Use: Use: Use: Use: Residential Residential and Agricultural Residential Mobile Home Community Rezoning #12 -06 Carriage Place April 30, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006. Please see attached revised comments dated February 23, 2007 from Mr. Lloyd Ingram, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stonnwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will Rezoning #12 -06 Carriage Place April 30, 2007 Page 3 1 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick -up would be an improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly I- Iaggerty Drive. Frederick County Inspections: No comment required at this time. Frederick Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12-06 Carriage Place April 30. 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia. subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDP.4. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Mr. Mitchell has been provided with the latest proffer statement submitted on February 23, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. Rezoning #12-06 Carriage Place April 30, 2007 Page 5 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized Development Plan which is a part of the Proffer Statement has also been modified. The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November 1, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MH Mobile Home zoning classifications. The County's A -1 and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -11 Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Carriage Place property is located for residential land uses. Rezoning #12 -06 Carriage Place April 30, 2007 Page 6 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. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastem 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 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning #12 -06 Carriage Place April 30, 2007 Page 7 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 ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitabilitv/Environment The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing of Abram's Creek and its associatedfloodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. Rezoning #12 -06 Carriage Place April 30, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HR4B. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development It would he appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. The Applicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road. No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacent property to the west are proposed Rezoning #12 -06 Carriage Place April 30, 2007 Page 9 Background. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishment of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. Since the Planning Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7that were not previously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated Marc!, 7 regarding this issue. Rezoning #12 -06 Carriage Place April 30, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on/off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u -turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Horne Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. Rezoning #12-06 Carriage Place April 30, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does not promote an approach that furthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 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 Opequon Wastewater Treatment Plant. 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 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 The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same Rezoning #12 -06 Carriage Place April 30, 2007 Page 12 amount Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11 °i elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12 elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single fancily attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $17,732 for singlefamily attached residential dwellings to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8 -17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. Rezoning #12 -06 Carriage Place April 30, 2007 Page 13 5) Proffer Statement Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Latest Revision Dated January 25, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering ofthe adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the commitment was over a minimum three year period). The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125 building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 12? building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity ofthe project has been eliminated from the proffer statement. Rezoning #12 -06 Carriage Place April 30, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic- control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. I -le noted their provision for a proposed connector, if right -of -way can be acquired across the Stafford property back to Valley Mill Road. I-Ie also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Rezoning #12 -06 Carriage Place April 30, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally- sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long -term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concems were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) Rezoning #12 -06 Carriage Place April 30, 2007 Page 16 STAFF UPDATE FOR 03/21/07 PLANNING COMMISSION MEETING: The Commission previously tabled the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection, the environmental impacts of the project, and what the transportation system would look like relative to the proposed improvements of the Eastern Road Plan. The Applicant has not responded directly to these issues. 1- Iowever, the applicant has substantially revised the application. The changes generally exceed the scope of what the Planning Commission had previously discussed. The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not appear to fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a relocated alignntentfor the future Route 37 on/off ramp. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and wilt facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Rezoning #12 -06 Carriage Place April 30, 2007 Page 17 The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. 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 (a second public hearing is being held due to the scope of the modifications to the application). The applicant should be prepared to adequately address all concerns raised by the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attomey. Commission members asked the applicant if a 30 -day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30 -day tabling to April 18, 2007. (Comtnissioner Unger was absent from the meeting.) STAFF UPDATE FOR 04/18/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. A request was provided by the Applicant on April 4, 2007 to continue the consideration of this application for an additional time period (see attached letter). The Planning Commission may address this request at your 4/18/07 meeting. Rezoning #12 -06 Carriage Place April 30, 2007 Page 18 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) STAFF UPDATE FOR 05/16/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. The Planning Commission may address this request at your 5/16/07 meeting. The update and recommendations provided by Staff for your 03/21/07 meeting (see page 16) remain valid and reflect the most current information provided by the Applicant in support of their request. 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 natter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report Planning Commission: Planning Commission: Board of Supervisors: REZONING APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: March 5, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed November 1, 2006 March 21, 2007 April 11, 2007 Action Tabled by Planning Commission Pending Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal was for 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, and 55- A -174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: Mobile Home Community, residential, and vacant. RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MH1 (Mobile Home Community) Use: Use: Use: Use: Residential Residential and Agricultural Residential Mobile Home Community Rezoning #12 -06 Carriage Place March 6, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006 Please see attached revised comments dated February 23, 2007from Mr. Lloyd Ingram, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will Rezoning #12 -06 Carriage Place March 6, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick -up would be an improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12 -06 Carriage Place March 6, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDP.4. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Mr. Mitchell has been provided with the latest proffer statement submitted on February 23, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. Rezoning #12 -06 Carriage Place March 6, 2007 Page 5 Planning Zoning: The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized Development Plan which is a part of the Proffer Statement has also been modified. The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November I, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MH Mobile Home zoning classifications. The County's A -1 and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. 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] 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 Carriage Place property is located for residential land uses. Rezoning #12 -06 Carriage Place March 6, 2007 Page 6 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. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastem portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. Transportation The Frederick County Eastem Road Plan provides the guidance regarding future arterial and collector road connections in the eastem 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 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastem Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning #12 -06 Carriage Place March 6, 2007 Page 7 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 ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitability /Environment The Carriage Place site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing of Abram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. Rezoning #12 -06 Carriage Place March 6, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southem portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HRAB. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single fancily attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. The Applicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road. No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacent property to the west are proposed Rezoning #12 -06 Carriage Place March 6, 2007 Page 9 Background. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishment of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. Since the Planning Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7 that were not previously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. Rezoning #12-06 Carriage Place March 6, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on/off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 south bound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u -turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an altemative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an altemative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. Rezoning #12 -06 Carriage Place March 6, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter- parcel connectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Horne Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does not promote an approach that furthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 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 Opequon Wastewater Treatment Plant. 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 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 The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same Rezoning #12 -06 Carriage Place March 6, 2007 Page 12 amount Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11 elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12" elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $17,732 for single fancily attached residential dwellings to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8 -17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. Rezoning #12 -06 Carriage Place March 6, 2007 Page 13 5) Proffer Statement Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Latest Revision Dated January 25, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the commitment was over a minimum three year period). The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125 building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 125 building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. Rezoning #12 -06 Carriage Place March 6, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11 /01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic-control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right -of -way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB' s desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Rezoning #12 -06 Carriage Place March 6, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better altemative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long -term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) Rezoning #12 -06 Carriage Place March 6, 2007 Page 16 STAFF UPDATE FOR 03/21/07 PLANNING COMMISSION MEETING: The Commission previously tabled the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection, the environmental impacts of the project, and what the transportation system would look like relative to the proposed improvements of the Eastem Road Plan. The Applicant has not responded directly to these issues. However, the applicant has substantially revised the application. The changes generally exceed the scope of what the Planning Commission had previously discussed. The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not appear to fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on /off ramp. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and willfacilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Rezoning #12-06 Carriage Place March 6, 2007 Page 16 The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction pluses, remain a concern and should be a greater consideration of this application and as part of the proffer statement. 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 (a second public hearing is being held due to the scope of the modifications to the application). The applicant should be prepared to adequately address all concerns raised by the Planning Commission. r;, 1111 c. hi l c c'cc"--1 0 /41-44 ,J)C cry /if C/' 1/27 7/ pv 1- c11‘ 1% --72 1, •c-'q -c \1j/-/-771-t-rce-11- 7 c1 7 7 7::-Ici ------7 r 2 i c,/,--_\_- --cc ---_,--,75-1/ i c ,c lc c c ,c c,/ 2 c cc c,,, c c c J c y, 1 )Q„ "Th, --\\*1))• 1 z "iiS t-C— 1 ti. 7, 7 7 9 7 /.ii 2)e 02, '71 Ik \l'iCl■') 0 i„ 2 f)3(Jiiiroili if/4Ni I 1 7//// firi 1 "LC' 'C 1 I t ;7/ /7 74 .F r I Vi FREDERICK COUNTY, VIRGINIA Patton, Harris, Ru tti 117 E. Picadilly St Winchester, Virginia 2260 VOICE: (540) 667-2139 FM: (540) 665-0493 tiZon m- a ee ccompleted by Planning FeeYAinount. ate Q®S;.I3eahng4Dat The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers maybe obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust Associates Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) 4. Checklist: Check the following items that have been included with this application. Name: Carriage Place, LLC Telephone: Address: 22A Ricketts Drive Winchester, VA 22601 Winchester, Virginia 22601 3. Contact person(s) if other than above Name: Patrick Sowers Location Map Plat Deed of property Verification of taxes paid REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA X X X x Agency Comments Fees Impact Analysis Statement Proffer Statement Telephone: (540) 667.2139 540.662.7160 Telephone: (540) 667.2139 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Denver Quinnelly 6. A) Current Use of the Property: Mobile Home Park, Residential Vacant B) Proposed Use of the Property: SF Detached Attached 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). South adjacent to Route 7, east adjacent to Blue Ridge Mobile Home Park 2 Acres Current Zoning Zoning Requested 30.26 RA RP 15.18 MH -1 RP 45.44 Total acrea e to be rezoned 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 55 -A- 161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D Districts Magisterial: Red Bud High School: Mill brook Fire Service: Greenwood Middle School: JW Middle Rescue Service: Greenwood Elementary School: Red Bud 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 Home 73 Townhome 92 Multi- Family Non Residential Lots Mobile Home Hotel Rooms Square Footage of Proposed Uses Office Service Station Retail Manufacturing Restaurant Flex Warehouse Other 3 12. Signature: I (we) hereby cert that the best of my (ou knowl Applicant(s) I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) 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. is d dge. plication and its accompanying materials are true and accurate to Date 9 /9 /ok Date 4 Tax ID Name Address Zoning Use 55 -A -162 Baylis Investments, LLC 2332,Middle Road, Winchester, VA 22601 RA Residential 55 -A -163 Baylis Investments, LLC 2332 Middle Road, Winchester, VA 22601 RA Residential 55 -A -164 Robert E. Gladdie R. Carter 1560 Valley Mill Road, Winchester, VA 22602 RA Residential 55 -A -165 Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA Agricultural Agricultural 55- A -165D Valley Mill Farm, LC Brian Scott Williams 8705 C Street, Chesapeake Beach, VA 20732 2718 Berryville Pike, Winchester, VA 22603 RA RA 55- A -168A Residential 55 -A -169 Myron L. Lorie M. Ace 11240 Cleveland Avenue, Ft. Myers, FL. 33907 RA Retail Services 55 -A -170 David Bragg P.O. Box 174, Clearbrook, VA 22624 RA Residential 55 -A -171 Three Way Partnership 504 Eagle Place, Winchester, VA 22601 RA Residential 55 -A -172 William C. Whitmore, Jr. Etals P.O. Box 550, Putcellville, VA 20134 RA Residential 55- A -174C Blue Ridge Associates 2432 Berryville Pike, Winchester, VA 22603 RA Residential 55 -A -146 William D. Alexander 2663 Berryville Pike, Winchester, VA 22603 RA Residential 55 -A -147 Will am A: Maria H. Balling 111 Burnt Factory Road, Stephenson, VA 22656 RA Residential 55 -A -159 Thomas R. Baggerly, Sr. 8904 Telford Court, Bristow, VA 20136 RA Residential 55 -A -160 William W. Ruby Lee Beck 2851 Berryville Pike, Winchester, VA 22603 RA Residential 55 -A -174 Phyllis B. Holtkamp Etals C/0 John Bradfield 8225 Cambourne Court, Gaithersburg, MD 20877 RA Agricultural 55-4-1B Joseph D. Amy EL Sowers 111 Eddys Lane, Winchester, VA 22602 RA Residential Carriage Park Rezoning Application Adjoining Property Owners Know All Men By Those Present: That I (We) (Name)Denver. Quinnelly Carriage Place, LLC Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540-665-6395 (Phone) 540- 662 -7160 (Address) 22A Ricketts Drive, Winchester VA 22601 the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No.21857 21858 on Page and is described as Parcels: 55- A -174A, 174D, 161, 166, 167, 165A, 174B, 167A, 168 Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: )Name)John Callow, Chuck Maddox Patrick Sowers, Clay Athey, PHRA Phone: 540- 667 -2139 (Address)117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) X Subdivision X Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorizati n shall exp re the year from the day it is signed, or until it is otherwise 44 rescinded or modified. In witness there f (w h. "e ereto t my (our) hand and seal this =day of {J 1k Signature(s) 'Q��e6il tEtl F E. 0 eZ S _,State of Virginia, City/getteli.of To-wit: •p: I, l I t /1C� L. v C N otary Publi iq a y�' fo "r '`e diction aforesaid, certify that the person(s) who signed to the foregoing instrument personally ap 6 carne and has acknowledged the same before me in the jurisdiction aforesaid this g day of 200 (-9 January 2006 SURVEY PLAT DEED Carriage Park LVRrE TAOLE LME T CUWC 41 rams 1157 If LAWN Travail' vev Fiat rrw' ®C. um. aa�� ®I,3%j Ci11•Ti IMIrriliRa r TIMITMITSICIII cs vin 19 1 1010, 4 neeO 4091 q'W n Van* 144 4,4 55- ((A)) -174A m i 19 04 01070'. ,.w AREA ZONED RA: 30.26 ACRES AREA ZONED MH1: 15.18 ACRES TOTAL AREA: 45,44 ACRES 55- ((A)) -174A ii.rPw TTYr' „I v WI Carriage Park ZONING BOUNDARIES FREDERICK COUNTY, V /RCINI4 sr STAT[ ROUTE 659 VALLEY MILL. ROAD 7 Patton, iHarris, Rust .Associates, pc 117 E. Picodilly 51. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 tim AREA T: PARCEL ID 55 AREA —((A-161 K 0.2709 AC. 55— {A)) -165A ABULATION 3.3439 AC. 55 —((A)) -166 6.5655 AC. 55 —((A)) -167 2.261 55— ((A)) -167A 5.0531 AC. 55J(A)) -168 0.2602 AC. 55— ((A)) -174A 18.5017 AC. 55 —((A)) -1748 55— ((AD -174D �,yTH pF, et, Li CORY M. HAYNES v No. 2539 `e /oS s L y p 4 4.7592 AC. 4.4271 AC. TOTAL AREA (THIS SURVEY) ALL AREAS: AS NOW SURVEYED 45.4426 AC. LEGEND: DB 968, PG 1064 DB 968, PG 1064 DB 968, PC 1064 0 AC. DB 968, PG 1064 INST #030003917 INST //030022941 DB 968, PG 1064, INST #050020490 INST #050020491 INST DB PG HPB AC IRF IPF 0 MON N/F Q R/W VDOT DRN SAN SE ESMT 0 SURVEYOR'S CERTIFICATION: 1, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR. IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS SURVEY ARE THE SAME PROPERTIES CONVEYED TO JERRY L. WINIFRED D. UPDYKE BY DEED RECORDED IN DB 495, PG 51 (ADJUSTED BY BOUNDARY LINE ADJUSTMENT RECORDED AT INST #050020489) AND TO BLUE RIDGE ASSOCIATES BY DEEDS RECORDED IN DB 968, PG 1064, INST #030003917 AND INST #030022941 (ADJUSTED BY BOUNDARY LINE ADJUSTMENTS RECORDED AT INST #050020490 AND INST #050020491) AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. VICINITY MAP SCALE: 1" 1,500' OWNER RECORDING REF. DB 968, PG 1064 DB 495, PG 51 INST #050020489 HRA TABULATION: CURRENT OWNER(S) BLUE RIDGE ASSOCIATES BLUE RIDGE ASSOCIATES BLUE RIDGE ASSOCIATES BLUE RIDGE ASSOCIATES BLUE RIDGE ASSOCIATES BLUE RIDGE ASSOCIATES BLUE RIDGE ASSOCIATES BLUE RIDGE ASSOCIATES JERRY L. WINIFRED D. UPDYKE INSTRUMENT NUMBER DEED BOOK PAGE HIGHWAY PLAT BOOK ACRES IRON ROD FOUND IRON PIPE FOUND IRON ROD SET (UNLESS OTHERWISE MONUMENT NOW OR FORMERLY CENTERLINE RIGHT OF WAY VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE W SANITARY SEWER EASEMENT UTILITY POLE SANITARY SEWER MANHOLE BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES NOTED) AND JERRY L WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: AS SHOWN DATE: AUG. 26, 2005 Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 9 CURABLE CURVE C1 C2 C3 C4 C5 C6 C7 08 C9 RADIUS 1457.44' 20.00' 200.36' 378.09' 325.77' 348.63' 389.50' 1407.34' 1407.34' LENGTH 306.07' 51.26' 42.00' 396.97' 117.60' 139.48' 77.82' 152.80' 314.51' TANGENT 153.60' 67.17' 21.08' 218.98' 59.45' 70.68' 39.04' 76.48' 157.91' BEARING 560'14'58 "E 507'09'13 "W S85'34'39 "W 562'30'16"W 522'05'07 "W 523 "W 540'23'26 "W S55'58'13 "E 565'28'59 "E CHORD 305.51' 38.34' 41.92' 378.98' 116.96' 138.55' 77.69' 152.73' 313.86' DELTA 12'01'56" 146'50'18" 12'00'33" 60'09'20" 20'40'58" 22'55'21" 11'26'53" 6'13'15" 12'48'16" TABLE LINE LI L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 BEARING N61'15'01 "E S65'42'25 "E 528'24'45 "W N57'07'14 "W 551'46'30 "W N52'23'22 "E N66'41'36 "E 551'15'39 "W S7 5'15'39 "W N55'42 "E N78'40'24 "E 575'19'36 "E LENGTH 20.46' 19.04' 93.31' 39.11' 162.46' 183.91' 94.26' 43.10' 100.00' 29.06' 31.58' 46.95' TITLE REPORT REVIEW: EXCEPTIONS listed in Schedule 8 Section 2 of the Lawyers Title Insurance Corporation Case No. 1005 -1080 1005 -1081 with an effective date of 08/01/05 at 2:00 PM and received by PHR +A on 09/08/05 are addressed by item number as follows: 1. None of which the surveyor. has been advised, except as may be shown on the survey. AS TO ALL TRACTS: 2. Not a survey matter. 3. See survey. 4. -7. Not survey matters. AS TO TRACT ONE ONLY (PARCEL 1740): B. R/W to Potomac Edison Co., DB 344, PG 248 Does not affect Parcel 174D. 9. R/W to C &P Telephone Co., DB 182, PG 308 Parcel 174D is subject to this esmt. Location is not determined. 10. R/W to FCSA, DB 693, PG 204 Does not street Parcel 174D (but does affect Parcel 174A see survey). AS TO TRACT TWO ONLY (PARCELS 161, 165A, 166, 167, 167A, 168, 174A 1740): 11. Esmt to C &P Telephone Co., DB 806, PG 1596 Does .not affect. AS TO TRACT TWO, PARCELS 2 -9 ONLY (PARCELS 161, 165A, 166, 167, 167A, 168 1748): 12. Exact acreage or square footage of land described in Schedule A as shown on survey. AS TO TRACT TWO, PARCEL 2 ONLY (PARCEL 167A): 13. Matters on plat by Lee A. Ebert, C.L.S., DB 459, PG 197 12' R/W shown on survey (also see note 9). 14. Matters on plat by David M. Furstenau, L.S., DB 938, PG 1505 Powerline shown on survey (other items not determined by this survey). AS TO TRACT TWO, PARCEL 4 ONLY (PARCEL 1654): 15. Matters on plat by Lee A. Ebert. C.L.S., DB 443, PG 188 Abrams Creek shown on survey. AS TO TRACT TWO, PARCEL 16. Matters on plat by Lee PG 658 -659 12' R/W relocated (VDOT Project No. PE -101, RW -201). See new AS TO TRACT TWO, PARCEL 6 ONLY (PARCEL 1748): 17. Motters an plot by Lee A. Ebert, C.L.S., DB 432, PG 263 -264 Abrams Creek shown on survey. AS TO TRACT TWO, PARCEL 7 ONLY (PART OF PARCEL 167A): 18. Matters on plat by Lee A. Ebert, C.L.S., DBE 284, PG 515 see note 10. AS TO TRACT TWO, PARCEL 8 ONLY (PARCEL 167): 19. Matters on plot by Lee A, Ebert, C.L.S., D8 292, PG 412 see note 9. 5 ONLY (PARCEL 166): A. Ebert, C.L.S., DB 280, shown on survey, Abrams Creek 0007- 034 -101, 0 -501, location on sheet 4 of survey. 4 0 ,LTH Op Gr O Cl v CORY M. HAYNES No. 2539 q�g1o5 ‘411h, suRN04 NOTES: 1. FREDERICK COUNTY TAX MAP REFERENCES: 55- ((A))- PARCELS 161, 165A, 166, 167, 167A, 168 174A, 1748 AND 1760. 2. PARCELS 174A 1740 (AND ADJOINING PARCELS 174C 174E) DEPICTED HEREIN ARE BASED ON THOSE CERTAIN THREE (3) BOUNDARY LINE ADJUSTMENT PLATS PREPARED BY PHR +A, DATED APRIL 20, 2005, UPDATED JULY 7, 2005, RECORDED AT INST No.'s 050020489, 050020490 050020491 AND PURSUANT TO A CURRENT FIELD RUN SURVEY. 3. PARCELS 161, 165A, 166, 167, 167A, 168 174B DEPICTED HEREIN ARE DERIVED FROM A CURRENT FIELD RUN SURVEY (DATE OF LAST FIELD INSPECTION AUG. 26, 2005) PURSUANT TO RECORD INFORMATION; REFERENCE THE HEREIN LISTED INSTRUMENTS RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AND THE FREDERICK COUNTY TAX ASSESSMENT RECORDS. 4. CURRENT ZONING: RA AND MH1 (SEE SURVEY). 5. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN CPS SURVEY CONDUCTED BY THIS FIRM WHICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 6. THE LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES, HAZARDOUS MATERIALS, ENVIRONMENTALLY SENSITIVE OR DAMAGED AREAS OR WETLANDS (IF ANY) I5 NOT DETERMINED BY THIS SURVEY. 7. ADJOINING PROPERTY INFORMATION SHOWN HEREIN I5 DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederick.va.us) JUNE, 2005. 8. BASED ON THE HEREIN REFERENCED FIELD SURVEY, UNLESS OTHERWISE SHOWN, THERE ARE NO APPARENT GAPS, GORES OR OVERLAPS OF WHICH THE SURVEYOR HAS ASCERTAINED OR BEEN ADVISED. 9. REFERENCE PARCEL 167; DB 968, PG 1064 AND DB 491, PG 284 APPARENTLY OMIT A LESS AND EXCEPT REFERENCE TO DB 459, PG 197 (PART OF DB 292, PG 410) WHICH CONVEYED A PORTION OF PARCEL 167 INTO PARCEL 167A. 10. REFERENCE PARCEL 167A; THE 0.66 ACRE PARCEL DESCRIBED IN DB 284, PG 513 IS NOW PART OF (CONTAINED WHOLLY WITHIN) PARCEL 167A. 11. REFERENCE PARCEL 168; INST 9030022941 (PARCEL 2, TAX MAP 55 -A -168) APPARENTLY OMITS A LESS AND EXCEPT REFERENCE TO THE PLAT OF DIVISION RECORDED IN DB 520, PG 864. CURRENT PARCEL 168 I5 IDENTIFIED AS "PARCEL B, 0.260 ACRES" ON SAID PLAT OF DIVISION. BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE N A A SSOCIATES JERRY L. WI D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: AS SHOWN DATE: AUG. 26, 2005 Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P 0 0 0 zz m 0 n SHEET 2 OF 9 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.567.2139 F 540.665.0493 150 NOTE: SHEET NUMBERS ARE LOCATED IN THE UPPER RIGHT CORNER OF EACH 7 SCREENED OUTLINE. PARCEL 161 SHEET 4 PARCEL 165A SHEET 5 PARCEL 166 SHEET 5 PARCEL 167 SHEET 6 PARCEL 167A SHEET 6 PARCEL 168 SHEET 6 PARCEL 174A SHEET 7, 8 PARCEL 1748 SHEET 4 PARCEL 174D SHEET 7 GRAPHIC SCALE 300 1 inch 300 it 2) r OB,69 /OCE (SEE NOTE 55 ((A))2'1'74'4 S SEE NO OTED 0, A 655 EE NO DNED: AIM 1 l 55-((A))-174D M ZONED: MH1 ZO SO" )NEED: RA 0 R Y. 1 1 AD✓VSrEO 1 /SEE NOTE 2) 55-((A))-174A 55 -((A)) -765 NA VALLEY /11/LL FARM, /NST ,#010007362 88V5T ,A710002874 ZONED RA 55 ((A)) ZONED: u• g .yNF' t.. I Q O 0 CORY M. HAYNES No. 2539 ctlales 4 S5 1� a i;a0 ✓vsrEO l(A)) oaZ� (SEE NOTE 22\ 170 O ,t.„ N ti L. C ZONED: RA v ZONED 1 r'or n- RA, o� 1 co -167 55- ((A)) -167A ZONED: A\ A 66 n Lid 'Lr 'O J 55 -((A)) -165; OR SS ZONED 4B RA r i VALLEY MILL ROAD t I o ^0na�� STATE ROUTE 659C' I �rn N 't I BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE JERRY L WINIFRED D. •UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1' 300' DATE: AUG. 26 2005 Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. PHRA 55 -((A1) -161 ZONED. RA 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.6672139 F 540.665.0493 SHEET 3 OF 9 eleiratAllt r3-) cht co 01(0 w za N tr- O O r° 0 z N J 4 a 1010 1'0 to t o 0 N7 0 u O Z W n N O 1� 0 pp w O M• z co co co (`j O Z w H a0 T, a N w 1: 4 d N Z 01 N/F COMMONPYEAL TH OF V /R6 /N /A REbIA /NDER OF 08 345 PC 28 //PB 5, PC 252 (SEE SHEET 3) 55 —((A)) -1748 4.7592 AC ZONED: RA GRAPHIC SCALE 1 inch 100 ft_ ST Be?4, R o S 6? 11 7 p /x \4 00, 1/4 p 2 'yty /9 F R 6,5) �F 50 100 200 SAN SEW ESMT DB 580, PG 338 Th HRA m LA N C2 O 158.67' EDGE OF PAVEMENT O V �v1F+ 4 o PT,TH O D� a, �cr CORY M. HAYNES a No. 2539 Ialo S 44, 0* SUR BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L. WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" 100' DATE: AUG. 26, 2005 .Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 4 OF 9 r IPF S11'1W 35 2.37' 7714 h 7 h N VIRGINIA STATE PLANE NORTH G rp NAD 83 RF NI roo N N LTH of Gf� O ci CORY M. HAYNES v No. 2539 I j a /o5 l O* 4144;t43,14 atrattituttratra.-2413 GRAPHIC SCALE 50 100 1 inch 100 ft. 748 00 55— ((A)) -165A 3.3439 AC ZONED: RA SO4'31'18 'W L 166.36' CO /V/MONGYEAL TH OF V /RC /N /A REMA /NDER OF 05 J45, PC 28 HP5 5, PC 252 (SEE SHEET JJ 55 —((A)) -166 6,5655 AC L12 ZONED: RA L11 CE ABRAMS CREEK o� /„o 767 P 7674 L10 BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA UPDATED: SEPT. 6, 2005 SCALE: 1" 100' DATE: AUG. 26, 2005 Patton Harris Rust Associat'es,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 5 OF 9 IPF 53 2'34'20"w 135.05' X 55- ff/12J -174E N/E BLUE R /OCE ASSOC /ATES 98 690, PC 655 /66 IPF 1 inch 100 ft. W /74,4 v nIo u I N I S 3 5'17'48" W 206.06' 226 0 \S48 6 0 60 IPF 50 100 GRAPHIC SCALE ,y�PLTHOr 1'I� s 200 CORY M. HAYNES No. 2539 9lgfoS N1 888.98 ',E Z IRF 1 68 —((A)) 08 5 60 A o t NED O M Ht 0 18 IPF O D ftNa E569 1cr DB 342. PD 6 7' 010 v Qa i IPF 1 0 55- ((A)) -167A 5.0531 AC ZONED: RA -C7 P H R 55 -((A)) -167 2.2610 AC ZONED: RA 72. RR R Ube 459' j N3 7 24E 18 0.45' BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L. WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8. 2005 SCALE: 1" 100' DATE: AUG. 26. 2005 Patton Harris Rust 8 Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 6 OF 9 I74C N74. 26" W� F l 30" OAK GRAPHIC SCALE S76- 4 6'481'6 460,18• ADJUSTED (SEE NOTE 2) 55— ((A)) -174D 4.4271 AC ZONED: MH1 58417'10 "E 320.55' 100 200 1 inch 100 ft. 74E ADJUSTED (SEE NOTE 2) 55— ((A)) -174A 1 8.501 7 AC ZONED: MH1 RA FI 4- 5 l'00 g1� AND M 03 s3 SCALE: 1" 1000' o 4., 4 P op yT H GIQ O -C 9r 2 U CORY M. HAYNES No. 2539 IBlOS 5 F j 1 90 0 BOUNDARY SURVEY i l,1 1 $CEO' CERTAIN PROPERTIES OF if IIP BLUE RIDGE ASSOCIATES JERRY L WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" 100' DATE: AUG. 26, 2005 Patton Harris Rust Associates,pc Engineers, Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 7 OF 9 r_ 3.7053','113:.1 ,A#'.+Gx umesien GRAPHIC SCALE 1 inch 100 ft_ ",6'46 .448 re. 3g6 55' ADJUSTED (SEE NOTE 2) 55— ((A)) -1 74A 18.5017 AC ZONED: MH1 RA z 0 Q U W 0 o �3 O1 O Q NW Q3 N LO on 0_ z O 0LQ OD Q O N O >4j �26 "W� 469 )6 '00 3W P 74E SCALE: 1 1000' o P c, ti�__ U CORY M. HAYNES No. 2539 4 la jo S t41 SURN BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 5, 2005 SCALE: 1" 100' DATE: AUG. 26, 2005 P tton Harris.Rust Associates,pc En ineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 6 OF 9 77.98 IPF S5 34 167 572'05'5 "E 158 .0 5 JPF ADJUSTED =II 55— ((A)) -174A N (SEE NOTE 2) a1 18.5017 AC c o ZONED: MH1 RA no v 0 z IN �h e o h01C� a 0 t w Q� I b 0, Lc/ CO N 0D1 ,F I ec IRF 168 zI 0 IPF 0 z 0 N J NN Cr) �orn 1740 m o� I 1 n I 0,a Itr SCALE: 1" 1000' GRAPHIC SCALE 0 100 1 inch 100 IL IPE Aetr off H Op CORY M. HAYNES No. 2539 9 181o$ t9 '1D v p4 200 767A HRA 166 281 IRF 155,4 BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8. 2005 SCALE: 1 100' DATE: AUG. 26, 2005 Patton Harris Rust Associates,pc Engineers, Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 9 OF 9 REZONING APPLICATION #12 -06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: October 17, 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 November 1, 2006 December 13, 2006 Action Pending Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MHl (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for 165 attached and detached homes. LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile 1 -tome Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, and 55- A -174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) MH1 (Mobile Home Community) Use: Use: Use: Use: PROPOSED USES: 165 attached and detached single family homes. Residential Residential and Agricultural Residential Mobile Home Community Rezoning #12 -06 Carriage Place October 17, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Please see attached revised comments dated September 29, 2006from Mr. Lloyd Ingram. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire Rescue Company is Greenwood Volunteer Fire Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U -turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick -up would be an Rezoning #12 -06 Carriage Place October 17, 2006 Page 3 improvement to solid waste issues associated with increased dumpster use in the County This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company. 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at /on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design /construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian /bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12-06 Carriage Place October 17, 2006 Page 4 Winchester Regional Airport: While thc 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet thc requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDP.4. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Laurence, Planning Director. Rezoning #12 -06 Carriage Place October 17, 2006 Page 5 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A -1 Agricultural and MH Mobile Home zoning classifications. The County's A -I and A -2 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 properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development ofthe remaining areas ofthe Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55- A -174A maintained the RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained the MH1 zoning classification. Parcel 55- A -174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP zoning classification. 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] 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 Carriage Place 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. Rezoning #12 -06 Carriage Place October 17, 2006 Page 6 With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area ofthe project and promoting the protection of sensitive environmental areas and features is warranted. 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 should be constructed by the developer when warranted by the scale, intensity, or impacts ofthe development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. 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 Rezoning #12-06 Carriage Place October 17, 2006 Page 7 developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitability /Environment The Carriage Place site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection ofthe riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation ofthe stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. However, the revised road layout proposes access to the site from Valley Mill Road via a new crossing of Abram's Creek and its associated tloodplain, in an area that contains the steepest slopes on the property. Protection ofthe integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, should be a greater consideration of this application and as part of the proffer statement. The Applicant has provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm as shown on the GDP. Current County Ordinance presently enables a 50 foot woodland strip to be utilized as a desirable and effective alternative to typical buffer and screening standards. A portion of the proposed buffer shown on the GDP is shown in a location where no existing vegetation exists. It would be appropriate for the application to more thoroughly address the preservation of the wooded buffer areas and the location and composition of any new buffer areas. Rezoning #12 -06 Carriage Place October 17, 2006 Page 8 4) Potential Impacts A. Transportation Traffic Impact Analysis. A revised Traffic Impact Analysis (TIA) was prepared for this application on September 8, 2006 which projects that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The report was developed with access to the project being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of Valley Mill Road and Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Transportation Program. The Generalized Development Plan for Carriage Place delineates the general public road systems that will serve the residential development. Previously, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishment of a new entrance onto Route 7 is strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system provides for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area is insufficient to accommodate the traffic from this, and adjacent projects, as is the existing intersection on Route 7. Improvements to this existing section of Valley Mill Road would be necessary and have been proffered to be completed by the applicant. However, the scope of the improvements has not been fully defined. The impacts of any improvements on the existing residences in this immediate area should be evaluated. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek. and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. All efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. Rezoning #12 -06 Carriage Place October 17, 2006 Page 9 The Carriage Place application has proffered the signalization of the intersection of Valley Mill Road and Route 7 which is identified in the TIA as having unacceptable levels of service. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of Valley Mill and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs. Further, should it be determined that the approach is acceptable, all improvements to enable the development and occupancy of the project should be completed at the outset of the project. The critical improvements to the intersection at Route 7 should be in place prior to the issuance ofthe first building permit for the project, rather than by the issuance of the 76th building permit as proffered by the applicant. This approach to improvements to Route 7 would be consistent with other projects in the vicinity. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant has proffered a monetary contribution to transportation improvements in the general area. The applicant has proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffer may generate up to $641,000 and may be used as matching funds by Frederick County. It should be evaluated whether these contributions are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private connection. Inter parcel connectivity ofthe public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Horne Park in the general location ofthe existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does not promote an approach that furthers the transportation goals of the Comprehensive Plan. Rezoning #12 -06 Carriage Place October 17, 2006 Page 10 B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 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 Opequon Wastewater Treatment Plant. 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 proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light (Dire evolving nutrient loading regulations. C. Community Facilities The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipates that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the I1" elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The I2" elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 for single family detached residential dwellings and $17,732 for single family attached residential dwellings to mitigate the impact to the identified community facilities. Rezoning #12-06 Carriage Place October 17, 2006 Page 11 For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. For each single family detached unit: $720 for fire and rescue; $19,189 for schools: $2,136 for parks and recreation; $267 for library; $658 for public safety; and $320 for general government: $23.290 for capital improvements For each single family attached unit: $528 for fire and rescue; $14.618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plon 8 -17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. 5) Proffer Statement Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of street systems, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have proffered to limit the total number of residential uses to 165 dwelling units. No more than 73 single family detached units and no more than 92 single family attached units may be constructed. Rezoning #12 -06 Carriage Place October 17, 2006 Page 12 The applicant has committed to a phased introduction of the residential units over a three year period with the potential for seventy five units per year. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. In reality, this approach does nothing to effectively phase the introduction of new residential units. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless ofthe phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. The monetary contributions to address the impacts to Schools and Parks and Recreation should more appropriately be directed to be used by the County at their discretion to address the needs of the future residents of this project. The limitation that has been proffered which specifies the Red Bud Magisterial District may not be appropriate. Transportation The applicant has proffered the signalization of the intersection of Valley Mill Road and Route 7, and a monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project. Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, arc not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components ofthe Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Rezoning #12 -06 Carriage Place October 17, 2006 Page 13 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 Boarr! of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. January 2006 I. APPLICATION Carriage Park REZONING APPLICATION CARRIAGE PARK AUGUST 2006 r..par.a s Patton, Harris, Rust Associates, pc 111E Readily SC *choler, W¢ria 22601 WILE: (540) 667-2139 F (540) 665 -0493 To be c'omp`leted by Plainnng Staff+ i 41,1%,17 e Fee Amount Paid iA at X'P x e"d c fo dk k c� t a'w,tdG rr a. Frw Zomn AmendmentNumber6 rr �DateReceived Date g "k �llM b Kk iw'54% k imw: tPC Hearing a �f BO ST.HeanngaDate 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. Applicants: Name: Patton Harris Rust Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Carriage Place, LLC Telephone: 540.662.7160 Address: 22A Ricketts Drive Winchester, VA 22601 Winchester, Virginia 22601 3. Contact person(s) if other than above Name: Patrick Sowers 4. Checklist: Check the following Location Map Plat Deed of property Verification of taxes paid REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Telephone: (540) 667.2139 tems that have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Denver Quinnelly 6. A) Current Use of the Property: Mobile Home Park, Residential Vacant B) Proposed Use of the Property: SF Detached Attached 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). South adjacent to Route 7, east adjacent to Blue Ridge Mobile Home Park 2 Tax ID Name Address Zoning Use 55 -A -162 Baylis Investments, LLC 2332,Middle Road, Winchester, VA 22601 RA Residential 55-A-163 Baylis Investments, LLC 2332 Middle Road, Winchester, VA 22601 RA Residential 55 -A -164 Robert E. Gladdie R. Carter 1560 Valley Mill Road, Winchester, VA 22602 RA Residential 55 -A -165 Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA Agricultural 55- A -165D Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 2718 Berryville.Pike, Winchester, VA 22603 RA RA Agricultural Residential 55- A -168A Brian Scott Williams 55 -A -169 Myron L. Lorie M. Ace 11240 Cleveland Avenue, Ft. Myers, FL. 33907 RA Retail Services 55 -A -170 David Bragg P.O. Box 174, Clearbrook, VA 22624 RA Residential 55 -A -171 Three Way Partnership 504 Eagle Place, Winchester, VA 22601 RA Residential 55 -A -172 William C. Whitmore, Jr. Etals P.O. Box 550, Purcellville, VA 20134 RA Residential 55- A -174C Blue Ridge Associates 2432 Berryville Pike, Winchester, VA 22603 RA Residential 55 -A -146 William D. Alexander 2663 Berryville Pike, Winchester, VA 22603 RA Residential 55 -A -147 William A: Maria H. Balling 111 Burnt Factory Road, Stephenson, VA 22656 RA Residential 55 -A -159 Thomas R. Baggerly, Sr. William W. Ruby Lee Beck 8904 Telford Court, Bristow, VA 20136 2851 Berryville Pike, Winchester, VA 22603 RA RA Residential Residential 55 -A -160 55 -A -174 Phyllis B. Holtkamp Etals C/0 John Bradfield 8225 Cambourne Court, Gaithersburg, MD 20877 RA Agricultural 55 -4 -1I3 Joseph D. Amy II Sowers 111 Eddys Lane, Winchester, VA 22602 RA Residential Carriage Park Rezoning Application Adjoining Property Owners r Acres Current Zoning Zoning Requested 30.5230 RA RP 14.9196 MH -1 RP 45.4426 Total acreage to be rezoned 3 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number: 55 -A -161, 55- A -165A, 55 -A- 166, 55 -A -167, 55- A -167A, 55- A -174A, 55- A -174B, 55 -A- �DS 1b 8 jlC�+' /1/ Districts Magisterial: Red Bud High School: James Wood Fire Service: Greenwood Middle School: JW Middle Rescue Service: Greenwood Elementary School: Red Bud 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 Home 73 Townhome 92 Multi- Family Non Residential Lots Mobile Home Hotel Rooms Square Footage of Proposed Uses Office Service Station Retail Manufacturing Restaurant Flex Warehouse Other 3 12. Signature: Applicant(s) I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby cert that t.plication and its accompanying materials are true and accurate to the best of my (o knowl Date Ol9 /ok Date 4