PC 10-19-16 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
October 19, 2016
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) Committee Reports .................................................................................................. (no tab)
3) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
4) Conditional Use Permit #12-16 for Alma Carter and Ronald Carter, submitted for an
off-premise farm market. The property is located at 131 Gainesboro Road, Winchester and is
identified with Property Identification Number 29-A-63 in the Gainesboro Magisterial
District.
Mr. Cheran ....................................................................................................................... (A)
5) Rezoning #11-16 for Southern Hills, submitted by Greenway Engineering, Inc., to rezone
37.79 acres from RP (Residential Performance) District to RP (Residential Performance)
District with revised proffers, and 2.56 acres from B2 (General Business) District to B2
(General Business) District with revised proffers. The property is located on the east side of
Town Run Lane (Route 1012) approximately 0.6 miles south of the intersection with
Fairfax Pike (Route 277) and Town Run Lane, in the Opequon Magisterial District, and is
identified by Property Identification Number 85D-1-1-95.
Mrs. Perkins ..................................................................................................................... (B)
INFORMATION/DISCUSSION
6) Indoor Recreation in the M1 District. Discussion on revisions to the Zoning Ordinance
to include indoor recreation as a conditional use in the M1 (Light Industrial) Zoning
District.
Mrs. Perkins ..................................................................................................................... (C)
7) Minor Site Plan Threshold. Discussion on revisions to the Zoning Ordinance to
increase the disturbed area permissible to be considered a minor site plan from 5,000
square feet to 10,000 square feet.
Mrs. Perkins ..................................................................................................................... (D)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
CONDITIONAL USE PERMIT #12-16
Off-Premise Farm Market (Alma Carter & Ronal Carter)
Staff Report for the Planning Commission
Prepared: October 7, 2016
Staff Contact: M. Tyler Klein, AICP, Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 10/19/16 Pending
Board of Supervisors: 11/09/16 Pending
EXECUTIVE SUMMARY: This is a request for an off-premise farm market in the RA (Rural
Areas) Zoning District for the sale of fresh fruits, vegetables, other food and related items.
Should the Planning Commission find this application for an off-premise farm market to be
appropriate, Staff recommends that the following conditions be attached to the Conditional Use
Permit (CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all
improvements completed prior to establishment of the use.
3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by
the Winchester-Frederick County Health Department for the well and sewage disposal
system to be utilized for this property.
4. One, non-illuminated, freestanding monument business sign is allowed with this Conditional
Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in
area.
5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market)
October 7, 2016
LOCATION: This property is located at 131 Gainesboro Road, Winchester, Virginia;
immediately south of Route 522 (North Frederick Pike)
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 29-A-63
PROPERTY ZONING & PRESENT USE:
Zoned: Rural Areas (RA)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential/Vacant
South: RA (Rural Areas) Use: Residential/Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE: Off-Premise Farm Market
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 684, the VDOT facility which would
provide access to the property. The existing entrance is adequate for the proposed use.
However, should use ever expand in the future or customer volumes exceed the minimum
threshold of a commercial entrance, improvements would be required.
Frederick County Inspections: Change of use for the existing Agricultural Building M,
Mercantile Use-Market. Area shall comply with The Virginia Existing Building Code, The
Virginia Uniform Statewide Building Code, Section 306 – M, Mercantile Use Group of the
International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible
and Usable Buildings and Facilities and 2012 Virginia Energy Code.
A change of use permit is required for existing building. Please submit a detail ed floor plan with
your permit. An accessible route shall be provided to the main entrance from the accessible
parking and unloading area. Van accessible parking and unloading are provided. Max slope for
parking and unloading area is 2%. Maximum slope for walkway to main entrance is 5%. Van
accessible signage shall be provided per USBC Section 1106.8. Threshold shall meet ANSI
A117.1-09. Lever type hardware shall be provided on all doors along the accessible route and
Page 3
CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market)
October 7, 2016
business areas.
A public restroom is required to be provided. The quantity of restroom provided shall be in
accordance with T2901 for the use group. An accessible route shall be provided to the restroom.
20% ANSI A117-01-09 rule applies.
All required exists shall meet accessibility with slopes, grades, and access.
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objection as long as this office receives an OSE packet for approval of the well and
sewage disposal system to be utilized for this property.
Frederick County Fire Marshall: Plans approved. Permit approved provided that at least 1 5
lb. multi-purpose ABC fire extinguisher and at least 1 working smoke detector be installed in the
barn.
Planning and Zoning: Off-premise farm markets are permitted in the RA (Rural Areas) Zoning
District through an approved Conditional Use Permit (CUP). Farm markets allow for the retail
sale of fresh fruits and vegetables, other food and related items, horticultural products and
livestock in a space that may be indoor or outdoor. The Applicant proposes the use of an existing
barn on the property (which also includes a farm house and outbuildings) for the farm market
facility. The ultimate configuration of the site, including customer/employee parking and a
business sign will be determined at time of submission of an illustrative sketch plan. The
Applicant proposes up to 10 employee’s to staff the farm market; however Staff notes that the
number of employee’s permitted on site will ultimately be determined by the type of well and
sewage disposal system approved by the Winchester-Frederick County Health Department.
Additionally, the Applicant proposes being open seven (7) days a week, from 8 a.m. to 9 p.m.
with seasonal variation.
Any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50)
square feet in area, and five (5) feet in height.
The 2030 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides
guidance when considering land use actions. The location of this proposed off-premise farm
market is not in an area where a small area land use study has been adopted by the County.
Nevertheless, the proposed use is consistent with the goals of the Comprehensive Plan.
Specifically, land use goals for the rural areas of the County identify the importance of
maintaining a rural character in areas outside of the Urban Development Area (UDA). A mix of
agricultural, commercial and residential uses is envisioned.
Page 4
CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market)
October 7, 2016
STAFF CONCLUSIONS FOR THE 10/19/16 PLANNING COMMISSION MEETING:
Should the Planning Commission find this application for an off-premise farm market to be
appropriate, staff recommends that the following conditions bet attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all
improvements completed prior to establishment of the use.
3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by
the Winchester-Frederick County Health Department for the well and sewage disposal
system to be utilized for this property.
4. One, non-illuminated, freestanding monument business sign is allowed with this Conditional
Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in
area.
5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
ST684
29 A 63
4675N FREDERICKPIKE
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Building Footprints
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B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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CUP # 12 - 16Alma Carter and Ronald CarterPIN:29 - A - 63Off-Premise Farm Market
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4675N FREDERICKPIKE
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CUP # 12 - 16Alma Carter and Ronald CarterPIN:29 - A - 63Off-Premise Farm Market
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B
REZONING APPLICATION #11-16
SOUTHERN HILLS PHASE 2
Staff Report for the Planning Commission
Prepared: October 7, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 10/19/16 Pending
Board of Supervisors: 11/09/16 Pending
PROPOSAL: To revise the proffers from Rezoning Application #22-06 for 40.36 acres (37.79 acres of
Residential Performance and 2.57 acres of General Business Zoning) to allow for the construction of up
to 130 single-family detached units. Rezoning #22-06 allowed for the construction of up to 232 single-
family attached units; therefore this requested rezoning would change the housing type and decrease the
total units by 102.
LOCATION: The site is located on the east side of Town Run Lane (Route 1012) approximately 0.6
miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/19/16 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 40.36 acres of land to revise the proffers associated with
Rezoning #22-06. This property contains 37.79 acres of RP (Residential Performance) zoned land and
2.57 acres of B2 (General Business) zoned land. This request seeks to amend the proffers to modify the
housing type from single-family attached (townhouse) units to single family detached units as well as
decrease the number of units from 232 to 130 units; decreasing the total units by 102.
This property is located within the Urban Development Area (UDA) and the Sewer and Water Service
Area (SWSA) and is located within the limits of the Southern Frederick Area Plan of the 2030
Comprehensive Plan. The Comprehensive Plan identifies this property with residential and commercial
land use designations. The current RP (Residential Performance) and B2 (General Business) zoning
designations are supported by the Comprehensive Plan.
Since this rezoning was submitted after July 1, 2016 – the specifically attributable proffer policy (§15.2-
2303.4) applies to this property; therefore the Applicant is required to demonstrate how their proffers
are specifically attributable to the impacts generated by their development. The Applicant has provided
an analysis titled “Southern Hills Phase 2 Rezoning- Residential Development Attributable Impacts”.
Staff has outlined a number of concerns regarding the proffers proposed by the Applicant. Specifically,
the total impacts resulting from the proposed development as outlined by the Applicant’s report come to
$834,940.70 however, the Applicant is proffering $1,139,120. This figure is $304,179.30 more than the
projected impacts of the development. The report also shows impacts to Clearbrook Park. Based on the
requirements of Virginia Code §15.2-2303.4 it appears that the proffer amount shown for impacts on
Clearbrook Park ($4,160) and the excess amount of $304,179.30 are unacceptable and violate State
Code.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
Rezoning #11-16 Southern Hills Phase 2
October 7, 2016
Page 2
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: 10/19/16 Pending
Board of Supervisors: 11/09/16 Pending
PROPOSAL: To revise the proffers from Rezoning Application #22-06 for 40.36 acres (37.79 acres of
Residential Performance and 2.57 acres of General Business zoning) to allow for the construction of up
to 130 single-family detached units. Rezoning #22-06 allowed for the construction of up to 232 single-
family attached units; therefore this requested rezoning would change the housing type and decrease the
total units by 102.
LOCATION: The site is located on the east side of Town Run Lane (Route 1012) approximately 0.6
miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 85D-1-1-95
PROPERTY ZONING: RP (Residential Performance) and B2 (General Business) Districts
PRESENT USE: Residential/Commercial – Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential / Utility
B2 (General Business) Vacant
South: RP (Residential Performance) Use: Residential – Southern Hills Phase I
East: RA (Rural Areas) Use: Agricultural
RP (Residential Performance) Southern Hills Open Space
West: RA (Rural Areas) Use: Vacant / Agricultural
Rezoning #11-16 Southern Hills Phase 2
October 7, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see email from Matthew Smith, P.E. dated July 26, 2016.
Frederick County Fire Marshall: Plan approved.
Frederick County Sanitation Authority: Please see letter from Eric R. Lawrence, AICP, Executive
Director, dated July 14, 2016.
Frederick County Public Schools: Please see letter from K. Wayne Lee, Jr., LEED AP, dated July 22,
2016. . [Planning staff note: Since the submission of the Schools comment, the Board of
Supervisors has suspended use of the DIM, in light of the General Assembly’s enactment of § 15.2-
2303.4, which is discussed at further length in this report.]
Frederick County Department of Parks & Recreation: It appears the proposed monetary
contribution will not meet current Development Impact Model (DIM) levels. Parks and Recreation
would like to see minimum levels met. [Planning staff note: Since the submission of the Parks &
Recreation comment, the Board of Supervisors has suspended use of the DIM, in light of the
General Assembly’s enactment of § 15.2-2303.4, which is discussed at further length in this report.]
Frederick County Department of Public Works: We have no comments concerning the proposed
rezoning.
Frederick County Attorney: Please see letter from Roderick B. Williams, County Attorney dated
August 4, 2016.
Winchester Regional Airport: The proposed rezoning has been reviewed and it appears that it should
not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside
of the airport’s Close In Part 77 surface. However, the site does lie within the airport’s airspace and
residents could experience fly-over noise from aircraft.
Planning & Zoning:
1) Site History
On July 11, 2001, the Board of Supervisors approved Rezoning Application #01-01 to rezone
105 acres from RA (Rural Areas) to RP (Residential Performance) to enable the construction of
250 single-family residential lots (the subject property was part of that original rezoning). On
February 28, 2007 the Board of Supervisors approved Rezoning Application #22-06 which
revised the proffers to allow for 88 single-family detached and 232 single-family attached
residential units and 15.5 acres of B2 (General Business) zoned land.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
Rezoning #11-16 Southern Hills Phase 2
October 7, 2016
Page 4
The 2030 Comprehensive 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.
The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use.
The South Frederick Area Plan of the 2030 Comprehensive Plan identifies this property with
residential and commercial land use designations. The current RP (Residential Performance)
and B2 (General Business) zoning designations are supported by the Comprehensive Plan.
Transportation and Site Access
The site is accessed via Town Run Lane. The 2001 and 2006 rezoning for the Southern Hills
development called for a number of transportation improvements which have since been
completed:
Stickley Drive Extension to connect with Town Run Lane
Guardrails along Town Run Lane
Surface material overlay of Town Run Lane
Traffic signalization at Fairfax Pike/Stickley Drive
The Southern Frederick Area Plan depicts a new minor arterial road which is located within the
commercial portion of the site. The right of way for the new arterial (the Southern Warrior
Drive Extension) continues to be reserved with this rezoning.
3) Proffer Statement – Dated June 30, 2016, revised September 15, 2016:
A. Land Use Restrictions:
1) The RP portion of the property is restricted to a maximum of 130 single-
family detached units.
2) The B2 portion of the property shall contain a 100 foot reservation for
future right-of-way, and will be dedicated upon request by the County or
VDOT. (This reservation has been recorded and is available for a time
period of 89 years from the date of recordation – March 10, 2015).
B. Ewing Family Cemetery
1) The owner proffers to set aside a separate lot for the Ewing Family
Cemetery with access from a public street within the property.
C. Disclosure Statement
1) The final subdivision plats and covenants shall state that agricultural
land uses exists to the south and east of the property and that the Ewing
family cemetery exists as a separate lot with access, and that a
wastewater treatment facility exists/previously existed to the north of the
Rezoning #11-16 Southern Hills Phase 2
October 7, 2016
Page 5
property.
D. Monetary Contribution
1) The Owner has proffered a total of $1,139,120 to offset the residential
development impacts. This amount reflects the monetary contribution
that was approved with the 2006 rezoning for the 232 townhouse units.
4) Staff Concerns – Monetary Proffers
Senate Bill 549 became effective on July 1, 2016 and was codified as Virginia Code §15.2-
2303.4. This proffer policy requires that proffers for residential developments submitted after
July 1, 2016 must be specifically attributable to the development. This policy applies to
schools, transportation, parks and recreation and public safety.
The Southern Hills development submitted in 2001 proffered to provide $4,910 per single-
family detached unit, with a maximum of 250 residential units. The project was revised in 2006
to allow for up to 88 single-family detached units (Phase I) and 232 townhouse units (Phase II).
The 2006 rezoning retained the same monetary contribution of $4,910 (total of $1,139,120 for
the townhouse units). With this new rezoning, the Applicant is proposing to eliminate the
townhouse units and allow for the construction of 130 single-family units while still keeping the
monetary proffer amount of $1,139,120 ($8,762.46 per unit).
Since this rezoning was submitted after July 1, 2016 – the specifically attributable proffer policy
applies to this property; therefore the Applicant is required to demonstrate how their proffers are
specifically attributable to the impacts generated by their development. The Applicant has
provided an analysis titled “Southern Hills Phase 2 Rezoning Residential Development
Attributable Impacts”. Staff has reviewed this document and has concerns regarding how the
monetary figures provided by the Applicant are specifically attributable to the Southern Hills
development.
Public Safety – The Applicant has utilized operating costs per average single-family
household size multiplied by the total number of proposed dwellings over a ten year
period. This amount per the Applicant’s analysis comes to $45,636 for the Sheriff’s
Office and $31,513 for the Volunteer Fire and Rescue Services.
Staff would note that it is not typical to utilize operating costs in calculating
proffer amounts – capital facilities have typically been utilized in the past,
but Staff would also note that County Fire and Rescue was omitted from the
analysis.
Public Schools – Students from this development would attend Bass-Hoover
Elementary, Aylor Middle School and Sherando High School. The Applicant’s analysis
shows existing capacity within the elementary and middle schools, however the high
school is currently over capacity. Therefore, the Applicant has assumed that with the
total high school proposed cost, divided by the total capacity – the total per student cost
of this school would be $53,275. The analysis assumes that 14 high school students
Rezoning #11-16 Southern Hills Phase 2
October 7, 2016
Page 6
would come from the development – resulting in a total of $745,850 (rounded up to
$746,000).
Parks and Recreation – The Applicant has taken operating costs of Clearbrook Park
and Sherando Park multiplied by the percentage of local revenues to fund each park
(36% for Clearbrook and 64% for Sherando). This figure was then divided by the total
population of Frederick County and multiplied by the average single-family size and
then by the total proposed units in the development and then multiplied by a ten year
proposed build out. The total resulting in $7,631 for Sherando Park and $4,160 for
Clearbook Park. The total Parks and Recreation proffer is $11,791.
Staff has concerns regarding the use of Clearbrook Park as a specifically
attributable due to the distance from the development and the availability of
amenities at Sherando Park. An amount of $4,160 has been identified relative
to Clearbrook Park and, it appears, should not be part of the proffer.
The total impacts resulting from the proposed development as outlined in the Applicant’s report
come to $834,940.70, however the Applicant is proffering $1,139,120. This figure is
$304,179.30 more than the projected impacts of the development. Based on the requirements of
Virginia Code §15.2-2303.4 it appears that the proffer amount shown for impacts on Clearbrook
Park ($4,160) and the excess amount of $304,179.30 are unacceptable and violates State Code.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/19/15/16 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 40.36 acres of land to revise the proffers associated with
Rezoning #22-06. This property contains 37.79 acres of RP (Residential Performance) zoned land and
2.57 acres of B2 (General Business) zoned land. This request seeks to amend the proffers to modify the
housing type from single family attached (townhouse) units to single-family detached units as well as
decrease the number of units from 232 to 130 units; decreasing the total units by 102.
This property is located within the Urban Development Area (UDA) and the Sewer and Water Service
Area (SWSA) and is located within the limits of the Southern Frederick Area Plan of the 2030
Comprehensive Plan. The Comprehensive Plan identifies this property with residential and commercial
land use designations. The current RP (Residential Performance) and B2 (General Business) zoning
designations are supported by the Comprehensive Plan.
Since this rezoning was submitted after July 1, 2016 – the specifically attributable proffer policy (§15.2-
2303.4) applies to this property; therefore the Applicant is required to demonstrate how their proffers
are specifically attributable to the impacts generated by their development. The Applicant has provided
an analysis titled “Southern Hills Phase 2 Rezoning- Residential Development Attributable Impacts”.
Staff has outlined a number of concerns regarding the proffers proposed by the Applicant. Specifically,
the total impacts resulting from the proposed development as outlined by the Applicant’s report come to
$834,940.70 however, the Applicant is proffering $1,139,120. This figure is $304,179.30 more than the
projected impacts of the development. The report also shows impacts to Clearbrook Park. Based on the
Rezoning #11-16 Southern Hills Phase 2
October 7, 2016
Page 7
requirements of Virginia Code §15.2-2303.4 it appears that the proffer amount shown for impacts on
Clearbrook Park ($4,160) and the excess amount of $304,179.30 are unacceptable and violates State
Code.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
SOUTHERNHILLSSubdivision
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824PEACE &PLENTY LN
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EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
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106HAYVENHURST CT108HAYVENHURST CT
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 27, 2016Staff: cperkins
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112HAYVENHURST CT 143HAYVENHURST CT
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625TOWNRUN LN 106HAYVENHURST CT 108HAYVENHURST CT
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100WESTCHESTER DR101NORWICH CT 104WAKEFIELD CT
102WESTCHESTER DR 112WAKEFIELD CT
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Extractive Mining
Commercial Rec
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Park
Recreation
School
Employment
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B2 / B3
Residential, 4 u/a
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High-Density Residential, 12-16 u/a
Rural Area
Interstate Buffer
Landfill Support Area
Natural Resources & Recreation
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 27, 2016Staff: cperkins
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REZ # 11 - 16Southern Hills Phase 2PIN:85D - 1 - 1 - 95Revised Proffers
0 500 1,000250 Feet
REZ # 11 - 16Southern Hills Phase 2PIN:85D - 1 - 1 - 95Revised Proffers
REZ #11-16
Residential Attributable Impacts Document 1 September 15, 2016
Southern Hills Phase 2 Rezoning
Residential Development Attributable Impacts 9/15/16
PURPOSE
The purpose of this document is to provide information specific to the Southern Hills-Phase 2
Proffer Statement dated June 30, 2016 that demonstrates attributable impacts for the proposed 130
single-family detached residential lots. This document provides specific sections that identify
residential attributable impacts for transportation, public safety, schools and parks and recreation
services; as well as the proffered conditions that address these impacts.
PROJECT SUMMARY
The Southern Hills Subdivision was originally approved by Frederick County in 2001 for 250
single-family dwelling units on 105± acres located on the east side of Town Run Lane (Route
1012). The Southern Hills Subdivision was approved with specific development conditions and
monetary contributions specific to the Proffer Statement filed with Rezoning Application #01-01,
which included several off-site transportation improvements and a monetary contribution of
$4,910.00 per residential lot. Subsequently, Frederick County approved Rezoning Application
#22-06, which maintained single family lots within Southern Hills-Phase 1 and modified the
remainder of the project area to allow for 232 townhouse lots within Southern Hills –Phase 2 and
to allow commercial zoning in the northern portion of the project identified as Southern Hills–
Phase 3. The Southern Hills Subdivision was approved with specific development conditions
specific to the Proffer Statement filed with Rezoning Application #22-06, which included the
transportation improvements from Rezoning Application #01-01, the provision of a 100’ right-of-
way area between the Phase 2 Townhouses and the Phase 3 Commercial Land Bay to
accommodate the future extension of South Warrior Drive to the future Interstate 81 Exit 307
relocation, and a monetary contribution of $4,910.00 per residential lot, totaling $1,139,120.00.
Arcadia Communities, LLC acquired the Phase 1 Single-Family Section, the Phase 2 Townhouse
Section, and approximately 2.6± acres of the Phase 3 Commercial Land Bay that is proposed to
provide the 100’ right-of-way area between the Phase 2 Townhouses and the Phase 3 Commercial
Land Bay. Arcadia Communities, LLC has submitted a Rezoning Application and Proffer
Statement dated June 30, 2016 for the portion of the Phase 2 Townhouse Land Bay and the 2.6±
acre portion of the Phase 3 Commercial Land Bay. This Rezoning Application and Proffer
Statement proposes to develop 130 Single-Family lots within Phase 2 in-lieu-of the 232
Townhouse lots, provides for the 100’ right-of-way area between the Phase 2 and Phase 3
Commercial Land Bays, and provides a $1,139,120.00 monetary contribution that is consistent
with the monetary contribution value for the 232 Townhouse lots approved under Rezoning
Application #22-06.
Residential Attributable Impacts Document 2 September 15, 2016
TRANSPORTATION – ATTRIBUTABLE IMPACTS
The Southern Hills Subdivision Rezoning Application and Proffer Statement proposes to develop
130 single-family lots within Phase 2 in-lieu-of the 232 townhouse lots currently entitled for the
project. The proposed Rezoning Application Proffer Statement eliminates the allowance for 232
townhouse lots and provides for a maximum of 130 single-family detached residential lots. The
following information identifies the existing and proposed attributable impacts to transportation
associated with this rezoning request:
Existing Impacts: 232 Townhouses x 7.5 ADT = 1,740 VPD
Proposed Impacts: 130 Single-Family Detached x 9.5 ADT = 1,235 VPD
Reduced Impacts: Proposed rezoning results in a reduction of 505 VPD
The proffered transportation improvements that were identified in Rezoning Application #01-01
and Rezoning Application #22-06 were determined to be appropriate to mitigate transportation
impacts for the Southern Hills Subdivision. The proffered transportation improvements have been
performed in advance of residential development activities, which include the following:
Completion of the extension of Stickley Drive (Route 1085) to connect with Town Run
Lane (Route 1012) to facilitate a new traffic pattern to Fairfax Pike (Route 277).
Installation of guardrail along Town Run Lane (Route 1012) as approved and permitted by
VDOT.
Completion of new surface material overlay of Town Run Lane (Route 1012) along the
Southern Hills property frontage as approved and permitted by VDOT.
Implementation of traffic signalization at the intersection of Fairfax Pike (Ro ute 277) and
Stickley Drive (Route 1085).
Recordation of the reservation of the 100’ right-of-way area for future public street
dedication to VDOT and/or Frederick County.
CONCLUSION: The Southern Hills-Phase 2 Rezoning Application will result in a reduction of
residential lots and will result in a reduction of vehicle trips generated from the proffered single -
family lots. The Southern Hills Subdivision has performed all proffered transportation
improvements deemed to be required to mitigate transportation impacts and has provided VDOT
and Frederick County with the ability to obtain the 100’ right-of-way area for future public street
improvements to connect to the proposed Interstate 81 Exit 307 relocation. These facts
demonstrate that the Southern Hills Phase-2 Rezoning Application has addressed attributable
impacts specific to the proposed residential development.
Residential Attributable Impacts Document 3 September 15, 2016
PUBLIC SAFETY – ATTRIBUTABLE IMPACTS
The Southern Hills Subdivision Rezoning Application and Proffer Statement proposes to develop
130 single-family lots within Phase 2 in-lieu-of the 232 townhouse lots currently entitled for the
project. The proposed Rezoning Application Proffer Statement eliminates the allowance for 232
townhouse lots and provides for a maximum of 130 single-family detached residential lots.
Attributable impacts from residential development for public safety services is determined by the
number of persons required to serve. The following information identifies the average number of
persons projected for townhouse and single family dwelling unit; as well as the existing and
proposed attributable impacts to public safety associated with this rezoning request:
Existing Impacts: 232 Townhouses x 2.61 persons/household* = 606 persons
Proposed Impacts: 130 Single-Family x 3.14 average family size* = 409 persons
Reduced Impacts: Proposed rezoning results in a reduction of 197 persons
*Persons Per Household (PPH) value determined from Frederick County 2016-2017 Annual
Budget Document – Demographic Statistics Table (page 209). Note: US Census Bureau identifies
average household size value of 2.58.
**Average Family Size value determined from US Census Bureau Household and Families: 2010
Document – Households by Type Table (page 5).
The 2015-2016 Capital Improvements Plan (CIP) Document does not identify capital projects for
the Sheriff’s Office, nor does the CIP Document identify capital projects for the Stephens City
Volunteer Fire and Rescue Company, which is the first due company for the Southern Hills–Phase
2 residential lots. The Frederick County 2016-2017 Annual Budget Document provides budget
information for the Frederick County Sheriff’s Office and for the Volunteer Fire Departments.
The Budget Document demonstrates funding attributable to Frederick County, which amounts to
approximately 77% for both the Sheriff’s Office and the Volunteer Fire Departments. The Budget
Document provides costs attributable to Personnel and Operating for both departments. Operating
Costs may include equipment costs (but are not exclusively equipment); therefore, Operating Costs
funded by local contributions provides conservative valuation that can be considered for
attributable impacts for residential development.
SHERIFF’S OFFICE
2016/2017 Operating Costs: $1,207,973.00 x .77 (Local Funds) = $930,139.00
$930,139.00/83,199 (FC Population) = $11.18/person
$11.18 x 3.14 (SFD Average Family Size) = $35.10/SFD household
$35.10 x 130 SFD = $4,563.67 annual impact
$4,563.70 x 10 years* = $45,636.70
Residential Attributable Impacts Document 4 September 15, 2016
VOLUNTEER FIRE & RESCUE
2016/2017 Operating Costs: $834,419.00 x .77 (Local Funds) = $642,502.00
$642,502.00/83,199 (FC Population) = $7.72/person
$7.72 x 3.14 (SFD Average Family Size) = $24.24/SFD household
$24.24 x 130 SFD = $3,151.30 annual impact
$3,151.30 x 10 years* = $31,513.00
*10 years is the conservative build-out horizon for the 130 single-family lots. A normal
construction schedule of 4-5 lots per quarter results in 16-20 lots per year, which would require 6-
8 years for lot build-out.
CONCLUSION: The Southern Hills-Phase 2 Rezoning Application will result in a reduction of
residential lots and will result in a reduction of total persons generated from the proffered single-
family lots. The current Capital Improvements Plan (CIP) does not identify proposed projects that
are relevant to the Sheriff’s Office and the Stephens City Volunteer Fire and Rescue Company,
nor does the CIP identify proposed capital projects in which the Southern Hills-Phase 2 Rezoning
Application will have attributable impacts towards. The Frederick County 2016-2017 Annual
Budget Document provides a basis to determine potential local revenues to fund Operating Costs
for Public Safety Services. Operating Costs may include equipment costs, although the total value
of operating costs is not exclusively for capital costs. The attributable impact associated with the
130 single-family lots proposed by the Southern Hills-Phase 2 Rezoning Application accounts for
a per-person value for 100% of annual Operating Costs over a 10-year period. This is a
conservative valuation for attributable impacts as this represents a longer than average build-out
projection for the 130 single-family lots; as well as the complete value of annual Operating Costs
over the build-out period.
PUBLIC SCHOOLS – ATTRIBUTABLE IMPACTS
The Southern Hills Subdivision Rezoning Application and Proffer Statement proposes to develop
130 single-family lots within Phase 2 in-lieu-of the 232 townhouse lots currently entitled for the
project. The proposed Rezoning Application Proffer Statement eliminates the allowance for 232
townhouse lots and provides for a maximum of 130 single-family detached residential lots.
Frederick County Public Schools (FCPS) utilizes the following student/household projects for
single-family lots and for townhouse lots as a basis for determining impacts to public schools:
Single-Family Lots: Elementary School = 0.19 students per household
Middle School = 0.09 students per household
High School = 0.10 students per household
Residential Attributable Impacts Document 5 September 15, 2016
Townhouse Lots: Elementary School = 0.13 students per household
Middle School = 0.07 students per household
High School = 0.07 students per household
The Southern Hills–Phase 2 Development will result in a reduction of 6 Elementary School
students; 5 Middle School students; and 3 High School students based on projections utilized by
FCPS.
FCPS provided information that states students from the Southern Hills–Phase 2 Development will
attend Bass-Hoover Elementary School, Robert E. Aylor Middle School, and Sherando High
School. FCPS projects that there will be 25 Elementary School Students, 12 Middle School
Students, and 14 High School Students from the 130 single-family lots within Southern Hills–
Phase 2. This information indicates that there is sufficient capacity at Bass-Hoover Elementary
School and Robert E. Aylor Middle School to accommodate the projected increase in students
from the Southern Hills–Phase 2 Development; however, this information indicates that the
capacity at Sherando High School is already exceeded by 118 students. FCPS has acquired
property for a new high school that will provide for acceptable capacity for students utilizing the
new facility and for students at Sherando High School once the new facility is open. FCPS has
received funding for design services and anticipates opening the new high school facility in Fall
2019.
CONCLUSION: FCPS has provided capital cost information for the new high school that assumes
a price-per-student multiplier for the school capacity, which totals $53,275.00 per student. FCPS
projects that the student generation from the Southern Hills–Phase 2 Development will result in
$746,000.00 of capital cost based on the price-per-student multiplier. The Frederick County 2016-
2017 Annual Budget Document provides budget information for the School Debt Service (page
179), which accounts for all school projects in the County that have been funded through bond
revenues. This information does not provide sufficient information to determine attributable
impacts to specific schools; therefore, the $746,000.00 projection for the price-per-student
multiplier for the new high school will be used for this analysis, which should be considered very
conservative since students from the Southern Hills–Phase 2 Development will not utilize the new
high school facility.
PARKS & RECREATION – ATTRIBUTABLE IMPACTS
The Southern Hills Subdivision Rezoning Application and Proffer Statement proposes to develop
130 single-family lots within Phase 2 in-lieu-of the 232 townhouse lots currently entitled for the
project. The proposed Rezoning Application Proffer Statement eliminates the allowance for 232
townhouse lots and provides for a maximum of 130 single-family detached residential lots.
Attributable impacts from residential development for parks and recreation services is determined
by the number of persons required to serve. The following information identifies the average
Residential Attributable Impacts Document 6 September 15, 2016
number of persons projected for townhouse and single family dwelling unit; as well as the existing
and proposed attributable impacts to parks and recreation associated with this rezoning request:
Existing Impacts: 232 Townhouses x 2.61 persons/household* = 606 persons
Proposed Impacts: 130 Single-Family x 3.14 average family size* = 409 persons
Reduced Impacts: Proposed rezoning results in a reduction of 197 persons
*Persons Per Household (PPH) value determined from Frederick County 2016-2017 Annual
Budget Document – Demographic Statistics Table (page 209). Note: US Census Bureau identifies
average household size value of 2.59.
**Average Family Size value determined from US Census Bureau Household and Families: 2010
Document – Households by Type Table (page 5).
The Frederick County 2016-2017 Annual Budget Document provides budget information for the
Capital Improvement Plan (CIP) - Frederick County 2016-2017 (page 195). The Budget
Document identifies that the CIP consists of a schedule for major capital expenditures for the
county for the ensuing five years. Additionally, the Budget Document states that the CIP is strictly
advisory and that it is possible particular projects may not be funded during the year that it is
indicated in the CIP. Finally, the Budget Document states that the CIP is considered the first step
towards the project, while the budget is considered the last obstacle before construction.
The 2015-2016 CIP Document provides a section entitled Project Funding (page 21), which
identifies how capital projects are funded for various agencies and divisions. The CIP Document
states that funding for Parks and Recreation Department projects will come from the unreserved
fund balance of the County. Additionally, the CIP Document advises that the Parks and Recreation
Commission will actively seek grants and private sources of funding for projects not funded by
the County.
The Parks and Recreation Department identifies $71,648,000.00 in CIP projects that are to be
funded by the County during the 2015-2020 fiscal years. The Frederick County 2016-2017 Annual
Budget Document demonstrates funding attributable to Frederick County Parks and Recreation
during the 2015, 2016 and 2017 fiscal years for Clearbrook Park (page 150) and Sherando Park
(page 151). Funding for the two regional parks is achieved primarily from fees charged for use of
facilities and from local revenues. Local revenues for Clearbrook Park averaged $143,684.00
during the 2015, 2016 and 2017 fiscal years, while Sherando Park averaged $267,347.00. The
percentage of local revenues to fund Clearbrook Park averaged 36% and Sherando Park averaged
64%, with the remaining funding coming from fees charged for use of facilities.
The Budget Document provides costs attributable to Personnel and Operating for Clearbrook Park
and Sherando Park. Operating Costs may include equipment costs (but are not exclusively
equipment); therefore, Operating Costs funded by local contributions provides valuation that can
be considered for attributable impacts for residential development. It is more than likely that
Residential Attributable Impacts Document 7 September 15, 2016
residents of the Southern Hills–Phase 2 project will utilize Sherando Park based on the proximity
of the regional park to this project. However, the residential attributable impacts have been
considered for both regional parks for the purpose of this analysis, which provides conservative
valuation for attributable impacts associated with this project.
SHERANDO PARK
2016/2017 Operating Costs: $243,123.00 x .64 (Local Funds)* = $155,598.72
$155,598.72/83,199 (FC Population) = $1.87/person
$1.87 x 3.14 (SFD Average Family Size) = $5.87/SFD household
$5.87 x 130 SFD = $763.10 annual impact
$763.10 x 10 years* = $7,631.00
CLEARBROOK PARK
2016/2017 Operating Costs: $234,843.00 x .36 (Local Funds)* = $84,543.48
$84,543.48/83,199 (FC Population) = $1.02/person
$1.02 x 3.14 (SFD Average Family Size) = $3.20/SFD household
$3.20 x 130 SFD = $416.00 annual impact
$416.00 x 10 years* = $4,160.00
*10 years is the conservative build-out horizon for the 130 single-family lots. A normal
construction schedule of 4-5 lots per quarter results in 16-20 lots per year, which would require 6-
8 years for lot build-out.
SHERANDO PARK ATTRIBUTABLE IMPACT = $7,631.00
CLEARBROOK PARK ATTRIBUTABLE IMPACT = $4,160.00
TOTAL PARKS & RECREATION ATTRIBUTABLE IMPACT = $11,791.00
CONCLUSION: The Southern Hills-Phase 2 Rezoning Application will result in a reduction of
residential lots and will result in a reduction of total persons generated from the proffered single-
family lots. The current Capital Improvements Plan (CIP) Document does not identify capital
projects that were demonstrated for funding during the 2015, 2016 and 2017 fiscal year budgets.
Additionally, the CIP identifies that funding for Parks and Recreation Department capital projects
will come from the unreserved fund balance of the County. The Frederick County 2016-2017
Annual Budget Document provides a basis to determine potential local revenues to fund Operating
Costs for the Clearbrook Regional Park and the Sherando Regional Park. Operating Costs may
include equipment costs, although the total value of operating costs is not exclusively for capital
costs. The attributable impact associated with the 130 single-family lots proposed by the Southern
Residential Attributable Impacts Document 8 September 15, 2016
Hills-Phase 2 Rezoning Application accounts for a per-person value for 100% of annual Operating
Costs over a 10-year period for both Clearbrook Regional Park and Sherando Regional Park. This
is a conservative valuation for attributable impacts as this represents a longer than average build-
out projection for the 130 single-family lots; as well as the complete value of annual Operating
Costs over the build-out period.
SOUTHERN HILLS –PHASE 2 CAPITAL FACILITIES ATTRIBUTABLE IMPACTS
The information in this document has been developed to determine attributable impacts from the
Southern Hills–Phase 2 Development to demonstrate that the $1,139,120.00 monetary contribution
identified in Section D. Monetary Contributions of the June 30, 2016 Proffer Statement is
appropriate. The following information is provided from the various sections of this document:
Transportation Impacts: NONE (all proffered transportation improvements complete)
Public Safety Impacts: $ 77,149.70 Total
Public Schools Impacts: $746,000.00 Total
Parks & Recreation Impacts: $ 11,791.00 Total
Total Impacts: $834,940.70 Total
Monetary Contribution: $1,139,120.00 Total (+ $304,179.30)
Attachments
Transportation Proffer Compliance Exhibit 6-30-16
Frederick County 2016-2017 Annual Budget Document Excerpts
Frederick County 2015-2016 Capital Improvements Plan Document Excerpts
Frederick County Public Schools Development Assessment Tables
US Census Bureau Household and Families Document
IMPACT ANALYSIS STATEMENT
SOUTHERN HILLS – PHASE 2
SINGLE-FAMILY LOT DEVELOPMENT
Frederick County, Virginia
Opequon Magisterial District
Tax Map #85D-1-1-95
June 30, 2016
Current Owner: Arcadia Communities, L.L.C.
Contact Person: Evan Wyatt, Director of Land Planning
Greenway Engineering, Inc.
151 Windy Hill Lane Winchester, VA 22602
(540) 662-4185 ewyatt@greenwayeng.com
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SOUTHERN HILLS – PHASE 2
SINGLE-FAMILY LOT DEVELOPMENT
IMPACT ANALYSIS STATEMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of a 40.36±-acre subject property owned by Arcadia Communities,
LLC a Virginia limited liability company; By: VMB Investments, L.L.C., a Delaware limited
liability company, Its Sole Member and Manager; By: VM Holdings III, L.L.C., a Virginia
limited liability company, Its Managing Member; By: Van Metre Financial Associates, Inc.,
a Virginia corporation, Its Manager (here-in after the “Owner”). The subject property is
identified as Tax Map Parcel 85D-1-1-95, which is located on the east side of Town Run
Lane (Route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike
(Route 277).
The subject property is split-zoned and is comprised of 37.79± acres of RP, Residential
Performance District and 2.57± acres of B-2, Business General District. The subject property
is a component of a 105± acre parcel that was originally rezoned as RP, Residential
Performance District with proffers (Rezoning Application #01-01) and subsequently rezoned
as RP, Residential Performance District and B-2, Business General District with proffers
(Rezoning Application #22-06). The Owner proposes to rezone the 40.36±-acre subject
property to maintain the same acreage of RP, Residential Performance District and B-2,
Business General District land area, and to modify the proffer statement to limit development
of the 37.79± acres of RP, Residential Performance District to a maximum of 130 single-
family detached residential lots, while maintaining the 100’ right-of-way area within the
2.57± acre B-2, Business General District portion of the property as a reservation area for
future public street dedication to accommodate the future extension of South Warrior Drive
to the future Interstate 81 Exit 307 relocation as proffered under Rezoning Application #22-
06.
Basic information
Location: Fronting on the east side of Town Run Lane (Route
1012), approximately 0.6 miles south of the intersection
with Fairfax Pike (Route 277)
Magisterial District: Opequon District
Tax Map Parcel Number: 85D-1-1-95
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Current Zoning: RP, Residential Performance District (37.79± acres)
B-2, Business General District (2.57± acres)
Current Use: Undeveloped (Note: Single-family detached residential
lots platted and some lots developed in Southern Hills –
Phase 1)
Proposed Zoning: RP, Residential Performance District (37.79± acres)
B-2, Business General District (2.57± acres)
Proposed Use: Single-Family Detached Residential Lots (RP District)
Public Street Reservation Area (B2 District)
Total Rezoning Area: 40.36±-acres with revised proffers for the subject
property
COMPREHENSIVE POLICY PLAN
Urban Development Area
The Urban Development Area (UDA) defines the general area in which residential,
commercial, industrial and institutional land use development is encouraged in the County.
The 40.36±-acre subject property is currently located within the UDA; therefore, expansion
of the UDA boundary to accommodate the proposed development of single-family detached
residential lots and a public street reservation area for the future extension of South Warrior
Drive is not required for this rezoning application.
Sewer and Water Service Area
The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also
extends outside of the UDA to accommodate areas of the County in which commercial and
industrial land use development is only desired. The 40.36±-acre subject property is
currently located within the SWSA; therefore, expansion of the SWSA boundary to
accommodate the proposed development of single-family detached residential lots and a
public street reservation area for the future extension of South Warrior Drive is not required
for this rezoning application.
Comprehensive Plan Conformity
The 40.36±-acre subject property is located in the UDA and the SWSA and is within the
study area boundary of the Southern Frederick Area Plan. The Southern Frederick Area Plan
is a large-area plan that identifies land uses, transportation networks, and other matters that
are recommended for consideration for future land use and development within this
geographic area of the County. The 40.36±-acre subject property is identified for residential
and business land use; therefore, the proposed RP, Residential Performance District and B-2,
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4
Business General District rezoning is in conformance with the Comprehensive Policy Plan.
The Southern Frederick Area Plan Transportation Map identifies a new minor arterial road
system that traverses the subject property. The alignment of the new minor arterial road is
located within the B-2, Business General District portion of the subject property, which has
been identified as a public street reservation area; therefore, the proposed rezoning is in
conformance with the Comprehensive Policy Plan.
SUITABILITY OF THE SITE
Access
The 40.36±-acre subject property is located on the east side of Town Run Lane (Route 1012),
approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277). Access to
the single-family detached residential lots will be provided along Town Run Lane and
through a system of public streets internal to the RP, Residential Performance District portion
of the subject property. The single-family detached residential lots will not have access from
the B-2, Business General District portion of the subject property that has been established
by deed as a future public street reservation area.
Flood Plains
The 40.36±-acre subject property contains a small area of floodplain within the B-2, Business
General District portion of the subject property along the eastern property line that is
associated with Stephens Run. The subject property is located within FEMA NFIP Map
#51069C0330D, Effective Date September 2, 2009, and is primarily located within Flood
Zone X with the exception of the small area of floodplain within the B-2, Business General
District portion of the subject property. The single-family detached residential lots proposed
for Southern Hills – Phase 2 are located completely outside of the floodplain limits.
Wetlands
The 40.36±-acre subject property does not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map information from the Frederick County GIS
Database. However, the Southern Hills Master Development Plan approved by Frederick
County on April 9, 2007 identifies delineated wetland areas along the southern boundary of
the subject property. The delineated wetland areas are located within the open space portion
of the subject property and will not be impacted by the developed of the single-family
detached residential lots proposed for Southern Hills – Phase 2.
Soil Types
The 40.36±-acre subject property contains three soil types as demonstrated by the Soil
Survey of Frederick County, Virginia and the Frederick County GIS Database. The
following soil type is present on site:
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9B: Clearbrook Channery Silt Loams 2-7% slopes
32C: Blairton Silt Loams 7-15% slopes
41C/D/E: Weikert-Berks Channery Silt Loams 7-65% slopes
None of the soil types within the subject property are identified as a prime agricultural soil
and all types have high shrink/swell properties. The 40.36±-acre subject property has similar
soil conditions as Southern Hills – Phase 1, which has been developed with public streets and
single-family detached residential lots.
Other Environmental Features
The 40.36±-acre subject property does not contain areas of steep slope, lakes or ponds or
natural stormwater retention areas as defined by the Frederick County Zoning Ordinance, and
as delineated on the Southern Hills Master Development Plan approved by Frederick County
on April 9, 2007. There are no known environmental features present that create
development constraints for the proposed single-family detached residential lots within
Southern Hills – Phase 2.
ADJOINING PROPERTIES
Adjoining property zoning and present use:
North: B-2, Business General District Use: Unimproved
South: RP, Residential Performance District Use: Southern Hills – Phase 1
East: RP, Residential Performance District Use: Southern Hills – Phase 1
West: RA, Rural Areas District Use: Unimproved
TRANSPORTATION
The 40.36±-acre subject property is located on the east side of Town Run Lane (Route 1012),
approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277). The subject
property is generally identified as Southern Hills – Phase 2 (the middle section of the
Southern Hills Subdivision). Frederick County originally approved Rezoning Application
#01-01, which established RP, Residential Performance District zoning over the 105± acre
parent tract that includes the 40.36± acre subject property. The approved Proffer Statement
for this rezoning required the 105± acre property to be developed as single family lots and
included several off-site transportation improvements. Subsequently, Frederick County
approved Rezoning Application #22-06, which maintained the single family lots within
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6
Southern Hills - Phase 1 and modified the remainder of the project area to allow for 232
townhouse lots within Southern Hills – Phase 2 and to allow commercial zoning in the
northern portion of the project (Southern Hills – Phase 3). The approved Proffer Statement
for this rezoning carried forward the transportation improvements from the original proffers,
restricted the Southern Hills - Phase 2 Land Bay to townhouse lots, and provided for a 100’
right-of-way area between the townhouses and the commercial land bay to accommodate the
future extension of South Warrior Drive to the future Interstate 81 Exit 307 relocation.
The original property owner implemented the proffered transportation improvements that
were identified in Rezoning Application #01-01 and Rezoning Application #22-06. These
transportation improvements are identified on the Transportation Proffer Compliance Map
Exhibit and include the following:
Completion of the extension of Stickley Drive (Route 1085) to connect with Town
Run Lane (Route 1012) to facilitate a new traffic pattern to Fairfax Pike (Route 277).
Installation of guardrail along Town Run Lane (Route 1012) as approved and
permitted by VDOT.
Completion of new surface material overlay of Town Run Lane (Route 1012) along
the Southern Hills property frontage as approved and permitted by VDOT.
Implementation of traffic signalization at the intersection of Fairfax Pike (Route 277)
and Stickley Drive (Route 1085).
The 40.36± acre subject property is inclusive of the Southern Hills – Phase 2 Land Bay that
is approved for 232 townhouse lots; as well as the 100’ right-of-way area to accommodate
the future extension of South Warrior Drive. The Owner has reserved the 100’ right-of-way
area for future public street dedication to ensure this is available to Frederick County and
VDOT as per the Rezoning Application #22-06 Proffer Statement. This public street
reservation is legally recorded by deed and plat as Instrument No. 160002930/0001, which is
included as information in the proposed rezoning application.
The proposed Rezoning Application Proffer Statement eliminates the allowance for 232
townhouse lots and provides for a maximum of 130 single-family detached residential lots.
The following information identifies the existing and proposed traffic impacts associated
with this rezoning request:
EXISTING IMPACTS: 232 Townhouses x 7.5 ADT = 1,740 VPD
PROPOSED IMPACTS: 130 Single-Family Detached x 9.5 ADT = 1,235 VPD
REDUCED IMPACT: Proposed rezoning results in a reduction of 505 VPD
The Southern Hills – Phase 2 Rezoning Application has provided for the reservation of the
100’ right-of-way area for future public street dedication to ensure this is available to
Frederick County and VDOT for the extension of South Warrior Drive as per the Rezoning
Application #22-06 Proffer Statement, and previous development activities associated with
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the Southern Hills – Phase 1 Land Bay have implemented all other transportation
improvements. Additionally, the proposed rezoning application results in a reduction of 505
vehicles per day that reduces impacts to the Fairfax Pike (Route 277) and Stickley Drive
(Route 1085) intersection. Therefore, the proposed rezoning application adequately mitigates
transportation impacts to Frederick County.
SEWAGE CONVEYANCE AND TREATMENT
The 40.36±-acre subject property is located within the Sewer and Water Service Area
(SWSA); therefore, the property is entitled to be served by public sewer based on County
Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public sewer
service within this area of the County and currently has sewer infrastructure within Southern
Hills – Phase 1 that includes gravity sewer lines, a pump station and a four-inch sewer force
main that directs effluent to a 15-inch sewer transmission line to the Parkins Mill Treatment
Facility (PMTF).
The Frederick County Sanitation Authority (FCSA) has determined that 300 gallons/day per
residential connection is an appropriate calculation for estimating the sewer demand for
residential land use projects. Existing and proposed sewer demands for the 40.36± subject
site are as follows:
EXISTING DEMAND: Southern Hills – Phase 2 is currently approved for the development
of 232 townhouse lots; therefore, the projected sewer demand is as follows:
Q = 300 gallons/day/per residential connection
Q = 300 GPD x 232 residential connections
Q = 69,600 GPD projected at residential build-out
PROPOSED DEMAND: The Southern Hills – Phase 2 Rezoning Application Proffer
Statement proposes to allow for the development of a maximum of 130 single-family
detached residential lots; therefore, the projected sewer demand is as follows:
Q = 300 gallons/day/per residential connection
Q = 300 GPD x 130 residential connections
Q = 39,000 GPD projected at residential build-out
REDUCED IMPACT: The Rezoning Application provides for a reduction of 30,600 GPD of
sewer demand from the Southern Hills – Phase 2 development proposal.
The sewer system design for Southern Hills – Phase 2 will incorporate an on-site gravity
collection system that directs effluent from the single-family detached residential lots to the
existing FCSA pump station located immediately east of the subject property. The existing
pump station was designed, approved and constructed as a 0.135 MGD facility. The
projected sewer demand for the existing single-family detached residential lots within
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Southern Hills – Phase 1 and the proposed single-family detached residential lots within
Southern Hills – Phase 2 result in a projected sewer demand of 67,200 GPD, which is
approximately 50% of the design capacity of the existing FCSA pump station. Therefore, the
proposed Rezoning Application can be accommodated by the existing FCSA sewer system
infrastructure.
WATER SUPPLY
The 40.36±-acre subject property is located within the Sewer and Water Service Area
(SWSA); therefore, the property is entitled to be served by public water based on County
Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public water
service within this area of the County and has an existing 12” water line located along Town
Run Lane (Route 1012) that provides public water to the property. Additionally, a 12’ water
line and an 8” water line have been constructed within Southern Hills Phase 1 that extend to
the Southern Hills – Phase 2 property.
The Frederick County Sanitation Authority (FCSA) has determined that 300 gallons/day per
residential connection is an appropriate calculation for estimating the water demand for
residential land use projects. Existing and proposed water demands for the 40.36± subject
site are as follows:
EXISTING DEMAND: Southern Hills – Phase 2 is currently approved for the development
of 232 townhouse lots; therefore, the projected water demand is as follows:
Q = 300 gallons/day/per residential connection
Q = 300 GPD x 232 residential connections
Q = 69,600 GPD projected at residential build-out
PROPOSED DEMAND: The Southern Hills – Phase 2 Rezoning Application Proffer
Statement proposes to allow for the development of a maximum of 130 single-family
detached residential lots; therefore, the projected water demand is as follows:
Q = 300 gallons/day/per residential connection
Q = 300 GPD x 130 residential connections
Q = 39,000 GPD projected at residential build-out
REDUCED IMPACT: The Rezoning Application provides for a reduction of 30,600 GPD of
water demand from the Southern Hills – Phase 2 development proposal.
The water system design for the Southern Hills – Phase 2 single-family detached residential
lots will expand on the existing water system that was developed for Southern Hills – Phase
1. This design will provide for water line looping to ensure that adequate water pressure is
available for residential service and for fire flow. The projected water demand for the
existing single-family detached residential lots within Southern Hills – Phase 1 and the
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proposed single-family detached residential lots within Southern Hills – Phase 2 result in a
projected sewer demand of 67,200 GPD, which is a reduction of 30,600 GPD below the
projected water needs for the subject property. Therefore, the proposed Rezoning Application
can be accommodated by FCSA and by the existing water system infrastructure.
SITE DRAINAGE
The 40.36±-acre subject property has a drainage divide that directs drainage to the east and to
the south to defined channels that flow into Stephens Run. The proposed single-family
detached residential lots will be developed as curb and gutter streets and will incorporate
stormwater management design that will include stormwater detention ponds on the eastern
and southern portion of the subject property on the upper side of the Stephens Run drainage
channels. Stormwater quality measures will be evaluated during the Subdivision Design Plan
process and will be achieved through on-site quality measures or a combination of on-site
quality measures and nutrient credits if necessary. The stormwater quantity and quality
measures will be designed in conformance with all applicable state and local regulations;
therefore, site drainage and stormwater management impacts to adjoining properties and the
community will be adequately mitigated.
SOLID WASTE DISPOSAL
The impact on solid waste disposal associated with the development of the 40.36± subject
site can be projected from an average annual residential consumption of 5.4 cubic yards per
household (Civil Engineering Reference Manual, 4th Edition). The Frederick County Public
Works Department is responsible for solid waste disposal as the manager of the Regional
Landfill Facility. Existing and proposed solid waste disposal demands for the 40.36± subject
site are as follows:
EXISTING DEMAND: Southern Hills – Phase 2 is currently approved for the development
of 232 townhouse lots; therefore, the projected solid waste demand is as follows:
AV = 5.4 Cu. Yd. per household
AV = 5.4 Cu. Yd. x 232 residential units
AV = 1,253 Cu. Yd. at residential build-out, or 877 tons/yr at build-out
PROPOSED DEMAND: The Southern Hills – Phase 2 Rezoning Application Proffer
Statement proposes to allow for the development of a maximum of 130 single-family
detached residential lots; therefore, the projected solid waste demand is as follows:
AV = 5.4 Cu. Yd. per household
AV = 5.4 Cu. Yd. x 130 residential units
AV = 702 Cu. Yd. at residential build-out, or 491tons/yr at build-out
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REDUCED IMPACT: The Rezoning Application provides for a reduction of 386 tons/yr of
solid waste demand from the Southern Hills – Phase 2 development proposal.
The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of
13,100,000 cubic yards of air space. The projected buildout of Southern Hills – Phase 2 will
generate approximately 491 tons of solid waste annually on average. This represents a
0.24% increase in the annual solid waste received by the Municipal Solid Waste area of the
Regional Landfill, which currently averages 200,000 tons per year and is a reduction from
the annual solid waste disposal that would otherwise occur under the existing residential land
use plan. The Regional Landfill has adequate capacity to accommodate the solid waste
impacts associated with this proposal.
HISTORICAL SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify structures deemed to be
historically significant on the 40.36±-acre subject property, nor does the survey identify
properties within proximity of this site that are deemed potentially significant. The closest
potentially significant structure is identified as the Wise-Ritenour House (34-1209), which is
located approximately 0.3 miles southeast of the subject property. The National Park Service
Study of Civil War Sites in the Shenandoah Valley does not identify the 40.36±-acre subject
property as being located within defined Civil War Battlefield study area boundaries.
Therefore, the proposed single-family detached residential lot development plan for the
subject property will not create negative impacts associated with historic resources.
COMMUNITY FACILITY IMPACTS
The 40.36±-acre subject property is a component of a 105± acre parcel that was originally
rezoned as RP, Residential Performance District with proffers (Rezoning Application #01-
01) and subsequently rezoned as RP, Residential Performance District and B-2, Business
General District with proffers (Rezoning Application #22-06). Rezoning Application #22-06
was approved for the development of 232 townhouse lots, while the proposed Rezoning
Application would reduce this impact through the proffered maximum development of 130
single-family detached residential lots.
Rezoning Application #22-06 provides for a total monetary contribution value of
$1,139,120.00 to offset impacts to community facilities. The proposed Rezoning Application
maintains this same level of funding to offset impacts to community facilities even though
this proposal demonstrates a reduction of more than 100 residential lots. The Owner’s
Proffer Statement requires the inclusion of a narrative on the Subdivision Design Plan that
identifies the monetary contribution for each single-family detached residential lot that
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equates to the total monetary contribution of $1,139,120.00 divided by the total number of
single-family detached residential lots. This approach ensures that the Owner will provide
the same level of funding to offset impacts to community facilities regardless if the total
number of lots falls below the maximum 130 single-family detached residential lots
identified in the proposed Proffer Statement.
The school student generation impact to Frederick County Public Schools (FCPS) is
calculated by the County Development Impact Model (CDIM). Currently, the CDIM
projects single-family detached residential land use at 0.40 students per household (SFD =
0.19 Elementary School Students; 0.10 Middle School Students; 0.11 High School Students)
and projects townhouse residential land use at 0.27 students per household (TH = 0.13
Elementary School Students; 0.07 Middle School Students; 0.07 High School Students).
Existing and proposed school student generation impact to FCPS is as follows:
EXISTING DEMAND: Southern Hills – Phase 2 is currently approved for the development
of 232 townhouse lots; therefore, the school student generation impact to FCPS is projected
to be 63 students.
PROPOSED DEMAND: The Southern Hills – Phase 2 Rezoning Application Proffer
Statement proposes to allow for the development of a maximum of 130 single-family
detached residential lots; therefore, the school student generation impact to FCPS is projected
to be 52 students.
REDUCED IMPACT: The Rezoning Application provides for a reduction of 11 school
students that will be generated from the Southern Hills – Phase 2 development proposal.
OTHER POTENTIAL IMPACTS
The Ewing Family Cemetery is located within the southeastern portion of the 40.36±-acre
subject property. The Proffer Statements associated with Rezoning Application #01-01 and
Rezoning Application #22-06 provided for the creation of a separate lot for the Ewing Family
Cemetery with access from a public street within the property; as well as an access easement
from the public street to the cemetery that would be maintained by the Ewing Family. The
proposed Proffer Statement provides for this same commitment; therefore, there are no
impacts associated with the Ewing Family Cemetery that will result from the development of
single family detached residential lots on the 40.36±-acre subject property.
The Owner proposes to rezone the 40.36±-acre subject property to maintain the same acreage
of RP, Residential Performance District and B-2, Business General District land area, and to
modify the proffer statement to limit development of the 37.79± acres of RP, Residential
Performance District to a maximum of 130 single-family detached residential lots, while
maintaining the 100’ right-of-way area within the 2.57± acre B-2, Business General District
portion of the property as a reservation area for future public street dedication to
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accommodate the future extension of South Warrior Drive to the future Interstate 81 Exit 307
relocation as proffered under Rezoning Application #22-06.
This Rezoning Application results in a reduction of total vehicle trips, a reduction of sewer
demand, a reduction of water demand, a reduction of solid waste demand, and a reduction of
school students, while maintain the same level of funding to offset impacts to community
facilities proffered under Rezoning Application #22-06. The Owner’s Proffer Statement
provides assurances for these reductions and for this funding commitment; therefore, the
proposed Rezoning Application has adequately mitigated impacts to Frederick County.
Attachments:
Aerial Overview Map Exhibit
Southern Frederick Area Plan Land Use Map Exhibit
Location and Zoning Map Exhibit
Transportation Proffer Compliance Exhibit
SWSA & UDA Map Exhibit
Environmental Features Map Exhibit
FEMA FIRM Map Exhibit
Soils Map Exhibit
Historic Features Map Exhibit
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Portion of TM 85D-1-1-95 Subject to Rezoning Amendment
Public Street Reservation Area - Instrument No. 160002930
Parcel Boundary
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Map D ata Source: Frederick County, Va. GIS Department, 2016 Data
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Map D ata Source: Frederick County, Va. GIS Department, 2016 Data; FEMA Flood Map Service Center (http://msc.fema.gov/portal); U.S. Fish and Wildlife Service - National Wetlands Inventory
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Portion of TM 85D-1-1-95 S ubject to Rezoning Am endm ent
Public S treet R eservation Area - Instrument No. 16000 2930
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Map D ata Source: Frederick County, Va. GIS Department, 2016 Data
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Portion of TM 85D-1-1-95 S ubject to Rezoning Am endm ent
Public S treet R eservation Area - Instrument No. 16000 2930
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Portion of TM 85D-1-1-95 S ubject to Rezoning Am endm ent
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C
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
SUBJECT: Ordinance Amendment – Indoor Recreation in the M1 District
DATE: October 7, 2016
This is an amendment to Chapter 165 – Zoning, to include an allowance for amusement and
recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit
in the M1 (Light Industrial) District. Staff has limited the allowances to SIC 7941 (commercial
sports), SIC 7991 (physical fitness facilities), SIC 7997 (membership sports and recreation clubs)
and portions of 7999 (fitness and sports instruction). Staff has also drafted supplemental use
regulations that would correspond to the use – additional requirements could be added during
the Conditional Use Permit process if necessary.
The DRRC discussed this amendment at their September 2016 meeting. The DRRC agreed with
the proposed change and the item was forwarded to the Planning Commission for discussion.
The attached document shows the existing ordinance with the proposed change supported by
the DRRC (with bold italic for text added). This item is presented for discussion. Comments and
suggestions from the Planning Commission will be forwarded to the Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics
2. SIC 79
CEP/pd
ATTACHMENT 1
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 606 – M1 Light Industrial District
§ 165-604.03. Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§ 165-204.24. Commercial Recreation, Indoor.
Commercial Indoor Recreation located in the M1 (Light Industrial) District shall be subject to the following
requirements:
A. Parking areas for recreation facilities shall be designated to enhance the safety of patrons as they arrive at
and leave the facility.
B. Adequate parking shall be provided onsite, or through a shared parking agreement, shall be required per §
165-202.01.
C. Establishments shall include a designated pickup and delivery area for all patrons in such a way that provides
safe and clearly designated access to enter or exit the facility.
D. All uses shall be operated indoors, outdoor recreation shall be prohibited.
Conditional Uses Standard Industrial
Classification (SIC)
Tractor Truck and Tractor Truck Trailer Parking -----
Commercial Recreation, Indoor*:
Professional Sports Clubs
Physical Fitness Facilities
Membership Sports and Recreation Clubs
Amusement and Recreation Services (to include
only fitness and sports instruction facilities)
*This use will not be permissible in the M2 Zoning District.
7941
7991
7997
7999
ATTACHMENT 1
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§ 165-101.02 Definitions & word usage.
COMMERCIAL RECREATION, INDOOR RECREATION – A sports or activity facility either open to the general public for a
fee or for members and their guests, located in an enclosed building or structure designed to accommodate gatherings
Private, fee-supported outdoor facilities used for athletic, training, recreational or park purposes, games, cultural
activities, martial arts, archery and the like. that utilize supervised athletic or recreational activities.
ATTACHMENT 2
D
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
SUBJECT: Ordinance Amendment – Minor Site Plans
DATE: October 7, 2016
This is an amendment to Chapter 165 – Zoning, to modify the standards for the submittal of a
minor site plan. The current threshold for a minor site plan is “a revision that increases an
existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area”.
At the August meeting of the Development Review and Regulations Committee (DRRC), the
Committee requested to increase the disturb ed area from 5,000 square feet to 10,000 square
feet to be consistent with the state requirements for a land disturbance permit.
The DRRC discussed this amendment at their September 2016 meeting. The DRRC agreed with
the proposed change and the item was forwarded to the Planning Commission for discussion.
The attached document shows the existing ordinance with the proposed change supported by
the DRRC (with strikethrough for deletions and bold italic for text added). This item is
presented for discussion. Comments and suggestions from the Planning Commission will be
forwarded to the Board of Supervisors.
Attachment: 1. Revised ordinance with deletions shown in strikethrough and additions
shown in bold underlined italics.
CEP/pd
Attachment 1
ARTICLE VIII
DEVELOPMENT PLANS AND APPROVALS
Part 802 – Site Plans
§ 165-802.03 Site plan and illustrative sketch plan contents.
D. Minor Site Plans. A minor site plan may be submitted in lieu of a full site plan for additions to existing
sites. A minor site plan shall constitute a revision that increases an existing structure area by 20% or
less and does not exceed 5,000 10,000 square feet of disturbed area. Minor site plans, at a minimum
shall include the following information:
(1) A title that includes the name of the proposed or existing business and a subtitle which describes
the proposed development.
(2) The name, address, and phone number of the landowner, developer, and designer.
(3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan.
(4) The total land area and total developed land area of all lots included on the site plan.
(5) A detailed description of the proposed use or uses of the development, as well as a description of
the existing use or uses.
(6) A reference to any other site plan or master development plan approved by the County for the
site.
(7) The date the site plan was prepared and a list of all revisions made, including the date and a
description of why the site plan was revised.
(8) A table of contents including all pages of the site plan.
(9) An inset map showing the location of the site, along with the location of streets, roads and land
uses within 500 feet of the property.
(10) A statement listing all requirements and conditions placed on the land included in the site plan
resulting from approval of conditional zoning or a conditional use permit.
(11) A description of setbacks or conditions placed on the site as a result of an approved variance.
(12) The name of the Magisterial District within which property is located.
(13) Calculations showing the total number of required and proposed parking and loading spaces,
including the total number of existing and proposed spaces.
(14) Calculations showing the total number of required perimeter and interior trees required,
including the number of provided trees. The Zoning Administrator shall determine the number
of landscaping plants required, proportional to the additions shown on the minor site plan.
(15) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the
plan.
(16) Any other information determined by the Zoning Administrator necessary for the review of the
minor site plan.
(17) The Zoning Administrator may eliminate any of the above requirements on a minor site plan, if it
is determined not to be warranted.