55A201_OrrickCemeteryIncAMENDMENT
Action:
PLANNING COMMISSION: May 3, 2006 - Recommended Approval
BOARD OF SUPERVISORS: June 28, 2006 U APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 904 -06 OF ORRICK CEMETERY, INC.
WHEREAS, Rezoning 404 -06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust &
Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District
and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed
Use Commercial /Residential, was considered. The property is located on the northeast quadrant of the
intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both
roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN)
55 -A -201.
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 3, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 24, 2006; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06
acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed Use
Commercial /Residential, as described by the application and plat submitted, subject to the attached
conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes 417 -06
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of June, 2006 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gary Dove A y e Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux
Aye
A COPY ATTEST
John iley, Jr.
Frederick County Administrator
PDRes W -06
Omck Common Proffer Statement
PROPOSED PROFFER STATEMENT
REZONING: RZ. #: RA (Rural Areas) to
RP (Residential Performance) 33.61 acres
and B2 (Business General) 22.06 acres +/-
PROPERTY: 55.6708 Acres + / -;
Tax Map Parcel 55 -A -201 (the "Property")
RECORD OWNER Orrick Cemetery Company, Inc.
APPLICANT: Paramount Development Corporation JON 9
PROJECT NAME: Orrick Commons
ORIGINAL DATE
OF PROFFERS: December 6, 2005
REVISION DATE (S): February 13, 2006 March 22, 2006 April 13, 2006
May 12, 2006 May 24, 2006 June 2, 2006
The undersigned hereby proffers that the use and development of the subject
property ( "Property"), as described above, shall be in strict conformance with the following
conditions, which shall supersede all other proffers that may have been made prior hereto.
In the event that the above referenced RP and B2 conditional rezoning is not granted as
applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and
shall be null and void. Further, these proffers are contingent upon final rezoning of the
Property with "final rezoning" defined as that rezoning which is in effect on the day
following the last day upon which the Frederick County Board of County Supervisors (the
°Board ") decision granting the rezoning may be contested in the appropriate court. If the
Board's decision is contested, and the Applicant elects not to submit development plans
until such contest is resolved, the term rezoning shall include the day following entry of a
final court order affirming the decision of the Board which has not been appealed, or, if
appealed, the day following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of
any provision of the proffers. The improvements proffered herein shall be provided at the
time of development of that portion of the Property adjacent to or including the
improvement or other proffered requirement, unless otherwise specified herein. The term
"Applicant" as referenced herein shall include within its meaning all future owners and
successors in interest. When used in these proffers, the "Generalized Development Plan,"
shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated
November 15, 2005 revised May 12, 2006 (the "GDP "), and shall include the following:
Page 1 of 9
Orrick Commons
Statement
LAND USE:
1.1 Commercial development on the Property shall not exceed a maxim of
158,000 square feet, in the location depicted on the GDP.
1.2 Residential development shall be provided as a mixture of single family and
multi - family units, the mixture of which will be dictated by the Frederick
County Code. The locations of the single family units and multi - family units
shall be located as generally depicted on the GDP.
1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law,
the Federal Fair Housing Law, and other applicable federal, state, or local
legal requirements, all dwelling units shall be identified as "age- restricted"
and shall be restricted to "housing for older persons" as defined in Va. Code
Ann. 5 36 -96.7, or a surviving spouse not so qualifying. No persons under
19 years of age shall be permitted to be regularly domiciled or to reside
permanently therein. The restriction provided for herein shall also be in the
form of a restrictive covenant with respect to the residential portion of the
Property, and any Homeowners' Association created with respect thereto
shall have assigned responsibility for the enforcement and administration of
the said covenant.
1.4 Prior to occupancy of any residential dwelling, the applicant shall fully
construct a minimum of 55,000 square feet of commercial building space as
indicated on the GDP.
1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be
prohibited adjacent to residential properties.
CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS:
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, design standards, and this
Orrick Commons Proffer Statement as approved by the Board.
3. CREATION OF HOMEOWNERS' ASSOCIATION:
3.1 The residential development shall be made subject to a homeowners'
association (hereinafter "HOA') that shall be responsible for the ownership,
maintenance and repair of all common areas, including any conservation
areas that may be established in accordance herewith not dedicated to the
County or others, for each area subject to their jurisdiction, and shall be
provided such other responsibilities, duties, and powers as are customary for
such associations or as may be required for such HOA herein.
Page 2 of 9
Orrick Commons
statement
4.
3.2 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas, (ii) common buffer areas located outside of residential lots; (iii)
common solid waste disposal program provided by a commercial collection
company, (iv) responsibility for the perpetual maintenance of any street,
perimeter, or road buffer areas, all of which buffer areas shall be located
within easements to be granted to the HOA if platted within residential or
other lots, or otherwise granted to the HOA by appropriate instrument and
(v) responsibility for payment for maintenance of streetlights.
WATER & SEWER
4.1 The Applicant shall be responsible for connecting the Property to public
water and sewer, and for constructing all facilities required for such
connection. All water and sewer infrastructure shall be constructed in
accordance with the requirements of the Frederick County Sanitation
Authority. The cost of all water and sewer improvements will be borne by
the Applicant.
5.
ENVIRONMENT:
5.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, Fast Ed. 1999, Chapter 2, Table 2 -3 which results
in the highest order of stormwater control in existing Virginia law at the time
of construction of any such facility.
5.2 The applicant shall preserve a minim of 8,000 square feet as a tree save
area in the location depicted on the GDP to protect the existing trees located
in this area of the Property. Clearing or grading of said tree save area shall be
prohibited.
TRANSPORTATION:
6.1 Transportation improvements shall be designed and constructed consistent
with the study entitled "A Traffic Impact Analysis of the Orrick Property,"
prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the
"TIA" ). The Applicant shall privately fund all transportation improvements
required of this project.
6.2 The Applicant shall install a traffic signal at the project entrance on Senseny
Road (Route 657). In addition to signalization improvements, the Applicant
shall construct a left rum lane at said intersection for the eastbound lane of
Senseny Road as well as a right turn lane for the westbound lane of Senseny
Road. (See 1 on GDP) . The lanes will be installed within existing right of
ways.
Page 3 of 9
Orrick Commons
Statement
6.3 The extension of Farmington Boulevard through the project shall be
designed and constructed to base pavement and bonded to final pavement
prior to issuance of a certificate of occupany for the fast single family
dwelling unit. Design of Farmington Boulevard shall include traffic calming
measures acceptable to VDOT. (See 2 on GDP)
6.4 The Applicant shall design and construct a right rum lane for the westbound
lane of Senseny Road (Route 657) at the intersection of Senseny Road and
Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be
constructed from the proposed entrance on Senseny Road to the intersection
of Senseny Road and Greenwood Road. Additionally, the Applicant shall
install a right turn lane for the northbound lane of Greenwood Road (Route
656) to serve the proposed project entrance.
6.5 The Applicant shall dedicate 10 feet of additional right -of -way along Senseny
Road (Route 657) and 15 feet of additional right -of -way along Greenwood
Road (Route 656). Said right of ways shall be dedicated within 90 days of
receiving written notice from Frederick County.
6.6 The Applicant shall construct an interconnected transportation network to
connect the B2 and RP zoned portions of the Property for both vehicular
and pedestrian traffic. Said pedestrian system shall be identified during the
master development plan WP) and/or site development plan (SDP)
process and shall include a connected sidewalk system within the commercial
and residential portion of the Property. A connection between the
commercial and residential portions of the Property shall be made in the
location depicted on the GDP. (See 4 on GDP)
6.7 Transportation improvements along Senseny Road and Greenwood Road
shall commence at the outset of construction of the commercial portion of
the Property and shall be completed prior to occupancy of any commercial
building.
6.8 The Applicant shall enter into a signalization agreement with the Virginia
Department of Transportation that is binding for a period of five years from
the date of final rezoning approval with an option for an additional five years
for the installation of a traffic signal at the proposed entrance on Greenwood
Road. If or when, in the opinion of VDOT, a traffic signal is required, the
Applicant shall construct a traffic signal at said entrance. The signal shall be
installed within 180 days of receiving written notice from the Virginia
Department of Transportation (See 5 on GDP).
6.9 Access to the commercial portion of the Property shall be limited to a single
access point on Greenwood Road and a single access point on Senseny Road
in the locations depicted on the GDP. Site access on Senseny Road shall be
constructed utilizing a boulevard design that incorporates a landscaped
median with street trees.
Page 4 of 9
Orrick Commons
6.10 The Applicant shall work with County Staff and VDOT at the time of site
plan review to install a raised, textured, concrete median on Senseny Road if
deemed appropriate. The size and width of said median shall be determined
by VDOT.
DESIGN STANDARDS
7.1 All buildings within the commercial area of the Property shall be constructed
using compatible architectural style and materials. Design elements shall be
compatible with Winchester and will respect the continuity and character of
the existing architectural fabric of the surrounding community. The principal
facade in addition to anyfacade fronting Senseny Road and /or Greenwood
Road of all commercial buildings shall be limited to one or a combination of
the following materials: cast stone, stone, brick, glass, wood, stucco or other
Egli quality, long lasting masonry materials. Metal panels shall be prohibited
as a construction material for all commercial buildings.
7.2 All buildings within the commercial area of the Property shall incorporate
standing seam metal roofing treatments as a unifying design element.
7.3 All facades of any multi - family residential structure located on the Property
shall be constructed using a combination of any of the following materials:
brick; stone, or simulated stone; wood; Hardishingle and/or Harditrim, or
material of comparable quality; Azek Trimboards; Fypon brackets and /or
cornice details; stucco; glass. Any multi - family residential building
constructed on the property shall utilize a mixture of building materials in an
effort to relate to the surrounding area.
7.4 Any multi - family residential structures located on the Property shall
incorporate non - symmetrical massing, bays, and columned porches to more
effectively relate to surrounding properties as generally depicted on the
conceptual drawings identified as Exhibit A and Exhibit B.
PARKS AND RECREATION
8.1 The Applicant shall design and construct any necessary improvements for an
approximately 3.5 acre park in the location depicted on the GDP to be
included as part of the required open space for the residential portion of the
Property. Park shall include, at minim urn, walking trails and a water feature
utilizing an existing pond. At such time that both the Applicant and the
Board find it to be in the best interest of the County, said park may be
dedicated to the County for use by the general public.
8.2 The Applicant shall design and build a public pedestrian - bicycle trail to
Department of Parks and Recreation standards in lieu of sidewalks along the
Property frontage on both Senseny Road and Greenwood Road. Said trails
Page 5 of 9
Orrick Commons
Statement
shall be 10 feet in width with an asphalt surface and shall be constructed in
the locations generally depicted on the GDP prior to occupancy of any
commercial building. The trail crossing of the proposed boulevard style
entrance on Senseny Road shall be designed at the time of Site Plan to
provide for a safe connection of the proposed trail.
8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling
unit for parks and recreation purposes, payable upon the issuance of a
building permit for each dwelling unit
LIGHTING PLAN
9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a
maximum pole height of 25 feet high using full cutoff luminaries.
Floodlighting will be prohibited.
10. SIGNAGE
10.1 Freestanding commercial signage along Senseny Road and Greenwood Road
shall be limited to a single monument style sign at each of the proposed
entrances on said roads. Maximum height for said signs shall be 20 feet.
10.2 Pylon style signs shall be prohibited on the Property.
11. SOLID WASTE AND RECYCLING CONTAINERS
11.1 Location of solid waste and recycling containers, utility equipment storage
will be contained within fenced enclosures.
12. FIRE AND RESCUE
12.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling
unit for fire and rescue purposes, payable upon the issuance of a building
permit for each dwelling unit.
13. GENERAL GOVERNMENT
13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling
unit for general government purposes, payable upon the issuance of a
building permit for each dwelling unit.
14. PUBLIC SAFETY
14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling
unit for public safety purposes, payable upon the issuance of a building
permit for each dwelling unit.
Page 6 of 9
Orrick Common
Statement
15. LIBRARY
15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling
unit for library purposes, payable upon the issuance of a building permit for
each dwelling unit.
16. FUTURE ROAD IMPROVEMENTS
16.1 The Applicant shall contribute to the Board the sum of $2,854M per
dwelling unit for future improvements to Senseny Road and Greenwood
Road, payable upon the issuance of a building permit for each dwelling unit.
17. INTERPARCEL CONNECTIONS
17.1 Interparcel connections with adjacent properties shall be identified during the
master development plan (MP) process.
18. CORRIDOR ENHANCEMENTS
18.1 The Applicant shall locate street trees along the road frontage of both
Senseny Road and Greenwood Road to enhance the visual characteristics of
both corridors. Said street trees shall be planted a maximum of 40' apart.
19. INTERIOR LANDSCAPING
19.1 The Applicant shall landscape a minimum of 6% of the interior portions of
parking lots for all parking located within the commercial area of the
Property.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 7 of 9
oniek Commons
Respectfully submitted,
Orrick Cemetery Company, Inc.
By
1
Title: v
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
in
The foregoing instrument was acknowledged before me this day
of �c IYIt' 2006, by Dr 1 I��A 1 1�cCL S
My commission expires X 1 7oa 1
Notary Public � _Yl 9
Statement
Page 8 of 9
Orrick Commons
Paramount Development Corporation
Tide: /�[S /OEvfi
STATE OF vuzG, AT LARGE
gE COUNTY, To -wit:
I
The for going instrum as acknowledge b e me this
of 2006 y d<
My co s'on ires `� ld L
Notary Public
Respectfully s ed,
Statement
Page 9 of 9
Tree Save Area
- _� 35ACre SINGLE FAMILY 00
55,000 SF GvmmpOdy Park
/ (Age Restricted)
Commercial ._� —
nlrance ((TOTAL RESIDENTIAL - 33.61 Acres)
D - Proposed Pedestrian- - -- Commerical-
7 `Bicycle Trail COMMERCIAL Residential
" (22.06 Ades) Connection - I /
. MULTI - FAMILY
.. /' (Age Restricted)`
O \ O Signalized I '' -. - -' `�••
Entranc
1 I 'EVgE 65•? � � � �J
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Proposed Pedestrian - Bicycle Trail
.' s •,P= ORRICK COMMONS Z ,
I Gglnve, $ur p,v. onne,e lanGV[ ape A,[Blle[IV w M UB
,. i [GENERALIZED DEVELOPMENT PL4N =PP •_�
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IL
EXHIBIT A
Multi—family housing
EXHIBIT B
11 1
Applicant:
Residential Units (number)
SFD
SFA
MFD
Non-Residential (sq. ft.)
Retail
Office
1 Orrick Commons
184 Units
92
0
92
55,000 Sq. Ft.
55,000 Sq. Ft.
0 Sq. Ft-
Total capital facilities impacts to mitigate $ 2,976,608
Total revenue from commercial component $ 3,206,871
10 Year average of expenditures toward capital items 18%
i
Revenue to assign as credit from commercial component $577,23
Total capital facilities impacts left to be mitigated
2,399,371
Total Cost of Total Net Costlof
Capital Facilities
Capital Facilities Per Unit
Fire And Rescue
$115,922
$93,442
$508
General Government
$51,916
$41,848
$227
Public Safety
$106,817
$86,102
$468
Library
------------
$43,278
$34,885
$190
Parks and Recreation
$346,848
$279,586
$1,519
.. ... ..
School Construction
------ --- -- --
$2,311,828
$1,863,508
$10,128
Total
$2,976,608
$2,399,371
$13,040