The URL can be used to link to this page

PC 03-18-09 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia March 18, 2009 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission shouldadopt the Agenda for the meeting................................................................ (no tab) 2) January 21, 2009 Minutes and February 18, 2009........................................................... (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit 1101-09 for AT&T and Wesley Helsley, submitted by Dewberry, for a 120 foot Commercial Telecommunications Facility. This property is located at 2042 Martinsburg Pike (Route 11), and is identified with Property Identification Numbers 43-A- 130 and 43-A-132 in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (B) 6) Rezoning 901-09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 52 -A -C, 52-A-50, 52 -A -50A, 52-A-52 and 52-A-63. Mr. Ruddy........................................................................................................................(C) COMMISSION DISCUSSION 7) Ordinance Amendment — M1 Zoning District Changes to Address Accessory Uses. Revisions to the Frederick County Zoning Ordinance. Mrs. Perkins..................................................................................................................... (D) 8) Site Plan for Frederick County Regional Landfill Scalehouse and Scales. Mrs. Perkins..................................................................................................................... (E) 9) Planning Commission Retreat Summary. Mr. Lawrence................................................................................................................... (F) 10) Planning Commission Bvlaws Update. Mr. Lawrence ........ ............ (G) 11) Other FILE COPY C • �7 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 21, 2009. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: George J. Kriz, Gainesboro District STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Commissioner Thomas moved to adopt the January 21, 2009 Planning Commission Agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously approved the minutes of the December 3, 2008 meeting. COMMITTEE REPORTS Comprehensive Plans & Prol4rams Committee (CPPC) —1/12/09 Mtg. Commissioner Oates reported that the CPPC discussed three items: 1) received a review of the Route 11 North Land Use Plan, which has been in limbo since October while staff compiled data with the Frederick County Sanitation Authority to determine the sewer and eater availability for this area. The data will also benefit work on future land use plans in other areas of the County. 2) Held discussion on the new formatting Frederick County Nanning Coni ..ission Page 241 Minutes of January 21, 2009 �°� for the Comprehensive Policy Plan_ While the Historic and Environmental Chapters are moving along, it was decided the Community Facilities Subconmuttee shall take on the reformatting of the Parks, Schools, Sanitation, and Fire & Rescue Chapters for the upcoming year. 3) Held election of officers, Mr. George Kris re-elected as Chairman and lv'lr. Cary Oates re-elected as Vice Chairman. Historic Resources Advisory Board (HRAB) — U011/13/09 Mtg. Conunissioner Oates said he was unable to attend; however, Commissioner Kriz attended and provided the following report: 1) The HRAB received a presentation from AT&T regarding a proposed rezoning of property to construct a lattice -type telecommunications tower next to a building it will serve. 2) The HRAB heard a presentation for the Bishop -Amari rezoning at the corner of Old Charles Town Road and Route 11 North. The HRAB recommended the pedestrian plaza be placed away from the front comer and provide a view of the battlefield across Old Charles Town Road. They also wanted the applicant to document any existing buildings planned to be demolished. 3) The HRAB heard a report from Patton, Harris, Rust & Associates, Inc. confirming that the rezoning request for the Villages at Opequon Subdivision will comply with the HRAB recommendations from 2007. 4) The HRAB received a presentation on the Route 50 West rezoning for the Lutheran Home development. The HRAB recommended the existing trees be retained by proffer. 5) The HRAB approved the new format for the HRAB section of the Comprehensive Policy Plan. Sanitation Authority (SA) —12/20/09 Conunissioner Unger reported 3.1 inches of rainfall for the month of December, which is average. He said the SA is reporting about 13,000 water customers and about 12,500 sewer customers; however, they expect to experience a decline during the upcoming year. The SA is pumping about 2.5 mgd from the Diehl Plant and only 1.2 mgd from the Anderson Plant. He said pumping from the Anderson Plant is low because of a broken pump and the SA is in the process of getting parts for repair. In the meantime, the SA needs to purchase additional water from the City of Winchester. Commissioner Unger said the SA is purchasing about 1.4 mgd from the City; however, it costs about double to purchase water from the City of Winchester compared to the County producing it themselves. Commissioner Unger said the SA has been experiencing some problems at the Parkins Mill Plant; they are assuming there is a break in the line and are attempting to find where that break is located. Economic Development Commission (EDC) — 01/09/09 Mtg. Conunissioner Kerr reported the only topic of discussion was the recently conducted Young Professionals Survey. He said the purpose of the survey was to receive ideas on what is needed to influence young professionals to both live and work in the Winchester/Frederick County area. Commissioner Kerr said the results of the survey will be released in the very near future. Frederick County Planning CommissionM Yage 1416 Minutes of January 21, 2009 T -3 - Conservation Easement Authority (CEA) — 01/15/09 Mtg. Commissioner Watt reported that the CEA reviewed two PDR (Purchase of Development Rights) applications, one for the Chamberlin property in the Gainesboro District and one for the Wright property, in the Back Creek District. Commissioner Watt said the properties consist roughly of 100 acres. He said the owners are just starting the application process and talking with the CEA about what they would like to do. Natural Resources Committee Chainnan Wilmot gave the report from the Natural Resources Committee, in Conunissioner Kriz's absence_ Chairman Wilmot said the Committee's work was circulated to a number of people with technical expertise and comments have been received from five of those reviewers. She said the comments were very positive regarding the quality of the work and some suggestions were provided on wording and additional subjects. Chainnan Wilmot said overall, this was an interesting experience and the Cominittee may want to do this again with other complex topics. Committee Appointments for 2009 Chairman Wilmot announced the Planning Commission appointments to the Comprehensive Plans and Programs Committee (CPPC), as follows: Commissioners Kriz, Oates, Mohn, Manuel, Ruckman, and ex -officio members, Chairman Wilmot and Vice Chairman Thomas. Chainnan Wilmot announced the Planning Commission appointments to the Development Review and Regulations Committee (DRRC), as follows: Commissioners Unger, Watt, Kerr, Ambrogi, Oates and ex -officio member, Vice Chairman Thomas. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application #16-08 of Sportsplex, submitted by PHR&A (Patton, Harris, Rust, & Associates, inc.), to rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District with proffers for commercial use. The property is located on Commonwealth Court (Route 1167), west and adjacent to I-81. The property is further identified with P.I.N. 75 -A -91C in the Shawnee Magisterial District. Frederick County Planning CommissionPage 2417 Minutes of January 21, 2009 9 0 &�� -4 - Action —Recommended Approval wi*h Proffers Senior Planner, Candice E. Perkins, reported that this property was originally developed under the Commonwealth Business Center MDP (Master Development Plan) which was approved in the 1990's when the majority of the development was zoned B3 (hidustrial Transition). She said with this B2 rezoning, the applicant has proffered the following: 1) Should the existing use of the site cease as, "amusement and ri:�creation services operated indoors," and a new primary use of the property proposed that would increase the number of vehicle trips, the applicant will prepare a TIA and will provide their share of the identified improvements; and, 2) The applicant shall dedicate right-of-way for I-81 shown on the exhibit included in the Commission's agenda packet. Connnissioner Oates inquired about required buffers for the proposed 132 -zoned property adjacent to an M2 -zoned property. Ms. Perkins said the M2 property will be required to place the zoning district buffer when they develop the property. Ms. Perkins said the Sportsplex property would be required to place the buffer along the B3 property. Coninussioner Unger asked the staff if there were any uses under B2 that would not be appropriate for this location. Ms. Perkins replied that if the applicant discontinued the indoor recreation use and requested a different use with a much higher trip generation, a TIA would be required, along with review by the Planning Commission, with their proposed transportation improvements. Commissioner Thomas cormnented that with the rezoning of this parcel, there is no additional property that could be developed there. He said this rezoning action will simply provide the applicant with the ability to place a daycare center. Ms. Perkins replied yes; she said the property is mostly building and parking so redevelopment would mean demolition and starting over. Mr. Patrick Sowers with PHR&A (Patton, Harris, Rust & Associates, Inc.) was representing this application. Mr. Sowers said under the B3 Zoning District, generally, the heavy trip generator uses are allowed in both B3 and B2, however, they have :rade assurances that if a heavier trip generator were to be established on the property once it is rezoned, the proffer would allow for a TIA and mitigation of any additional impacts. Mr. Sowers added they have satisfied VDOT with their proposal for right-of-way dedication along 1-81. Mr. Sowers stated the applicant also understands that if this property is rezoned to B2, the applicant would have to comply with the zoning ordinance and provide a Category B buffer for the adjacent B3 property. He said a minor site plan revision would be required to acconnr►odate that requirement. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the hearing. Conunissioner Manuel supported the rezoning request with the TIA proffers and with the statement that if a change of use occurred, the applicant would be responsible for a TIA. He said he understood the intent and need of the proposed rezoning. Commissioner Manuel next made a motion to reconunend approval of the rezoning with the proffers offered by the applicant. This motion was seconded by Commissioner Ambrogi and was unanimously passed. Frederick County Planning Commission F,-1 Page 2418 Minutes of January 21, 2009 9 0 na -5 - BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application # 16-08 of Sportsplex, submitted by P14 -R &A (Patton, Harris, Rust, & Associates, Inc.), to rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Busmi ess) District with proffers for commercial use. (Note: Commissioner Ours was not present for this vote; Commissioner Kriz was absent from the meeting.) PUBLIC MEETING Master Development Plan #10-08 of I-81 Distribution Center, submitted by Triad Engineering, Inc. for up to 750,000 square feet of warehouse/ office use. The.properties are located approximately .61 miles north of the Route 11 intersection with Cedar hill (Route 671), bounded on the west by I-81, and on the east by Martinsburg Pike. These properties are further identified by P.I.N.s 33-A-109 and 33-A-110 in the Stonewall Magisterial District. Action — Recommended Approval Senior Planner Candice E_ Perkins reported this MDP (master development plan) is a proposal to develop 59 acres, which was rezoned to B3 (Industrial Transition) in 2008 with proffers to accommodate up to 750,000 square feet of office or warehouse uses. Ms. Perkins said the applicant proffered the site would have only one entrance on Martinsburg Pike; this entrance was labeled as the "initial entrance." She said the initial entrance will eventually be closed and relocated to the future entrance location, specified in the proffers, to align with Branson Springs Road. She said the buffer locations are also depicted on the MDP, as well as the pedestrian path along Route 11. Ms. Perkins added that the MDP is consistent with the requirements of the Zoning Ordinance, as well as Rezoning #05-08. Mr. Dennis Dunlap, with Triad Engineering, was representing this MDP application. Mr. Dunlap said this property was rezoned to B3 District in September, 2008. He said during this process, they worked with the County staff and they believe all the issues have been resolved regarding buffers and entrance locations. Commissioner Thomas recalled there were some off-site improvements proffered at the intersection. Commissioner Thomas asked if there was a time frame involved with those improvements. Mr. Dunlap said the applicant proffered a monetary contribution to be used at the direction of Frederick County. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the meeting. Chairman Wilmot raised the airport's issue of parking lot lighting. Chairman Wilmot asked the staff if the County's ordinances have reached the point where the parking lot lighting is addressed. Ms. Perkins said lighting has not yet been addressed in the revised ordinances; however, the lighting issue will be addressed during the site plan stage of this development_ Commissioner Ruckman said it appeared the MDP is consistent with the requirements of the Zoning Ordinance and he made a motion to recommend the staff be given administrative approval authority for the MDP. This motion was seconded by Commissioner Thomas and unanimously passed. (Note: Commissioner Ours was not present for this vote; Commissioner Kriz was absent from the meeting.) Frederick County Planning Commission D I Page 2419 Minutes of January 21, 2009 ��jd JJJ��uf{& V L Request of Frances M. Jenkins for a waiver of the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions, (C)(1)(b), Minor Rural Subdivisions, Setback and Lot Size Waivers, to enable a boundary line adjustment between two parcels, resulting in or e parcel consisting of 2.5 acres and the other parcel consisting of 16 acres. This boundary line adjustment will not result in any new lots or affect the density. The property is located 1.9 miles south of the intersection of Round Hill Road (Route 803) and Singhass Road (Route 620). The property is further identified with P.I.N. 51-A-98 in the Back Creek Magisterial District. Action – Recommended Approval ConLni ssioner Unger said he would abstain from all discussion and voting on this request, due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R Cheran, reported the applicant is seeking an exception from the lot requirements of the Frederick County Subdivision Ordinance to enable a boundary line adjustment that results in a two -acre parcel and an adjacent 16 acres. Mr. Cheran said the Frederick County Code does not allow newly created lots less than five acres and, therefore, a waiver is needed for this boundary line adjustment to occur. He said the 16 -acre parcel will not have any further density rights and no new lots will be created, other than the small two -acre lot requested along Singhass Road. Commissioner Oates said the setback off a parcel greater than six acres will be 100 feet; he asked if the 100 -foot setback would be over top of the house, by moving the property line up. Mr. Cheran said it will be close, but they will need to see the survey. Corrunissioner Thomas had questions on whether this had the potential to become four lots instead of three. Planning Director, Eric R. Lawrence, said density within the County is calculated based on the parent tract as of December 11, 1991. He said the density is based on the 13.9 -acre tract which existed ui 1991. Mr. Lawrence said it has only two density rights—one is the property with the house and if they would ever wish to subdivide, they could create one more lot. He said by doing the boundary line adjustment, the 13.8 -acre parcel will be made larger, but because the density calculations are based on the tract of record in 1991, there is no additional density that will be added to this site. Mr. Lawrence said the end result is a 16 -acre parcel, a two -acre parcel, and no additional density rights will be created through this exercise. Conuiussioner Oates asked if the Rural Areas Subcommittee was considering lowering the minimlun lot size in Frederick County from the current five -acre lot size. Mr. Lawrence replied they were encouraging a smaller lot size, but they did not want to affect the density. He said if the policies being discussed are ultimately adopted, there could be a two -acre minimum lot size rather than a five -acre minimum lot size. However, in this application, the density will still not be changed under anything that would come out of the Rural Areas Subcommittee. Connnission members also had questions about which property the septic field would end up on and if the size of the seutic field would need to be increased to meet current requirements. Mr. Lawrence replied that no change in policies or rules have been made with regards to drain field areas, so that would not apply in this situation. Frederick County Planning Commission D0 Page 2420 Minutes of January 21, 2009 & -7 - Chairman Wilmot called for public comments and the following person came forward to speak: Mr. John F. Hawse, III, said he was spea_kmg on behalf of, and is the Power ofAttorney for, Mrs. Frances M. Jenkins, the applicant and owner of the property. Mr. Hawse said this conveyance is based upon a Deed of Gift and because he has taken care of Mrs. Jenkins for the past 20 years and her husband recently passed away in May. He said Mrs. Jenkins wanted to give him the orchard. Mr_ Hawse said numerous boundary line adjustments were done prior to the enactment of the ordinance in 1991; he guessed the last boundary line adjustment was done in 1989. Mr. Hawse explained that his original tract, where his and his wife's house is located, was a five -acre parcel and over time other purchases were made from Mrs. Jenkins and added to their original parcel. He said the location of the septic systems should not affect the boundary line adjustment. Mr. Hawse said the adjustment will leave Mrs. Jenkins with 2.4 acres and he will pick up 2.4 acres; his total tract will consist of 16.2945 acres. Commissioner Watt inquired about the possibility of a future subdivision of the 16.2945 acres N/1'r. Lawrence said the density is based on the original 13.8 -acre parcel and no new building lots would be allowed. Mr. Hawse assumed he still had the ability to deed a two -acre portion to a child. No other citizen wished to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Oates did not consider this to be a hardship situation; he said he understood Mrs. Jenkins wanted to give the property to Mr. Hawse, but he was not in favor of creating a lot less than five acres. Commissioner Thomas said his biggest concern was the precedent the Commission would be setting; however, considering the circumstances, he said the situation appeared to be appropriate and he thought it made sense to go ahead with the adjustment. Commissioner Mohn also did not find the request to be objectionable, especially given the fact that it doesn't increase the density allowance. He thought it was a fairly unique situation. Commissioner Watt said he could see both sides of this situation. He said he agreed caution should be used so that a precedent is not set for this type of request, but at the same time, he thought both Mrs. Jenkins and Mr. Hawse had good intentions. Based on these comments, Con-u,-nissioner Watt said he supported the request. Commissioner Watt made a motion to recommend approval of the waiver request for Francis Jenkins. This motion was seconded by Commissioner Manuel and passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of the request of Frances M. Jenkins for a waiver of the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions, (C)(1)(b), Minor Rural Subdivisions, Setback and Lot Size Waivers, to enable a boundary line adjustment between two parcels, resulting in one parcel consisting of 2.5 acres and the other parcel consisting of 16 acres. This boundary line adjustment will not result in any new lots or affect the density. The majority vote was as follows: YES (TO APPROVE): Watt, Ambrogi, Manuel, Thomas, Ours, Triplett, Kerr, Mohn NO: Oates, Wilmot, Ruckman Frederick County Planning Commission Minutes of January 21, 2009 �1. R111 1. Page 2421 ABSTAIN: Unger (Commissioner Kriz was absent from the meeting.) OTHER City of Winchester Planning Commission — 01/20/09 Mtg. Commissioner Ours reported that the City of Winchester Planning Commission tabled a request by Fort Loudoun Properties for a conditional use permit for the conversion of ground floor, nonresidential use to a residential use on Wolf Street, between Braddock Street and Indian Alley. He said the Planning Commission passed an ordinance pertaining to incentives for the new LEED Certification, which deals with being more environnnentally-friendly and "green" in development. Commissioner Ours said the Conumssion also enacted an ordinance of the Winchester Zoning Code as it applies to museums and art galleries in the Limited High Density Residential District. He said this was brought forward due to the Patsy Kline Museum, but it will apply to all musetnns and art galleries in this district henceforth. Wal2reeris at Dairy Corner Place — AvOicant's Request for Tablin Chairman Wilmot announced a request by PHR&A (Patton, Harris, Rust & Associates, Inc.) regarding the rezoning for Walgreens at Diary Corner Place. Chairman Wilmot said PHR&A, representative for the applicant, is requesting the Planning Commission lift the clock on this application. Clarification was made by Chairman Wilmot and verified by the staff that according to the applicant's request, the Commission is extending the previous 90 -day tabling for as long as necessary. It was noted there is no time frame being placed on the application's return. Chai:-man Wilmot said this is an appropriate request by the applicant. A motion was made by Commissioner Mohn to accept the applicant's request to indefinitely table the rezoning application for Walgreens at Dairy Corner Place and lift the clock. This motion was seconded by Commissioner Kerr and passed by a majority vote. The majority vote was as follows: YES (TO TABLE INDEFINITELY): Unger, Watt, Ambrogi, Manuel, Ruckman, Thomas, Ours, Triplett, Kerr, Mohn, Wilmot NO: Oates (Note: Comnnissioner Kriz was absent from the meeting.) Frederick County Planning Commission Page 2422 Minutes of January 21, 2009 D Planning Commission's 2009 Annual Retreat Chairman Wilmot announced the Planning Commission's 2009 Annual Retreat on Saturday, January 31, 2009, to be held at the Public Safety Building at 8:30 a.m. Rural Areas Workshop Chairman Wilmot announced a public meeting of the Rural Areas Workshop group on Tuesday, January 27, 2009, in the Board of Supervisors Meeting Room, at 7:00 p.m. Cancellation of the Planning Commission's February 4, 2009 Meeting Planning Director, Eric R. Lawrence, announced there were no items scheduled for the Planning Commission's February 4, 2009, meeting. Upon motion made by Commissioner Mohn and seconded by Commissioner Ours, the Planning Commission unanimously voted to cancel their regularly scheduled meeting on February 4, 2009. (Note: Commissioner Kriz was absent from the meeting.) ADJOURNMENT Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, the meeting adjourned at 7:45 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary r, cuencx t-ountymanning Loinmission Page 2423 Minutes of January 21, 2009 M n P IF MEETING MINUTES OF THE FREDERICK COUNT' PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 18, 2009. PRESENT: June M. Wihnot, Chairman/Member at Large; Richard C. Ours, Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrog', Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Richard Ruckman, Stonewall District; Christopher M. Mohn, Red Bud District; and Gregory S. Kerr, Red Bud District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Michael T. Ruddy, Deputy Planning Director; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced that the applicant has requested postponement for Item #5, Conditional Use Permit #01-09 for AT&T and Wesley Helsley, and the applicant has requested the withdrawal of Item #7, Waiver Request of John Scully, IV, submitted by Marsh & Legge Land Surveyors. Commissioner Kriz moved to adopt the February 18, 2009 Planning Commission Agenda with the postponement of Conditional Use Permit 401-09 of AT&T and Wesley Helsley and the withdrawal of the Waiver Request of John Scully, IV, submitted by Marsh & Legge Land Surveyors. This motion was seconded by Commissioner Triplett and unanimously passed. I►Vj I IN oil I WC Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission unanimously approved the minutes of the December 17, 2008 meeting. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the January 7, 2009 meeting. Frederick County Planning Commission Page 2424 Minutes of February 18, 2009 ¢[ 00 ly 19? . -2 - COMMITTEE REPORTS Development Review ,e, RejZulations Committee (DRRC) — 01/22/09 Mtg. Coramissioner Unger reported that the DRRC elected officers for the year and Commissioner Thomas was re-elected as Chairman and he was re-elected as Vice Chairman_ Commissioner Unger said the DRRC discussed veterinary clinics in the BI Zoning District and they also discussed the Traditional Neighborhood Development (TND) District. He noted that both of these iterns are on the Planning Commission's agenda for discussion this evening. Rural Areas Work Group — 02/05/09 Mtg. Commissioner Watt reported about 40 people in attendance at the Rural Areas Work Group meeting on February 5, 2009. Commissioner Watt said those in attendance included members of the Ad -Hoc Committee, members of the Board of Supervisors and the Plannmg Commission, and the Planning Staff. He said comments were mostly positive and a few suggestions were offered on the ability for creating smaller -sized lots. Commissioner Watt said there was considerable interest in the TDRs (Transfer of Development Rights) and there was also interest expressed in the small package treatment plants. Commissioner Watt commented that it seemed most people were pleased with the direction taken by the Rural Areas Work Group. He said another meeting has been scheduled for February 19, 2009 to review comments received. Comprehensive Plans & Prolzrams Committee (CPPC) — 02/09/09 Mtg. Commissioner Kriz reported that the CPPC heard a report from the staff on the Planning Commission's retreat. Commissioner Kriz reported on the status of the various subcommittees of the CPPC. Natural Resources Committee Chairman Wilmot reported there has been considerable input. She commented there are a nurnber of different writing styles and the committee is trying to establish common ground for the final product. Winchester Planning Commission (WPC) — 02/17/09 Mtg. Commissioner Ours reported there were three public hearing items considered by the WPC, as follows: 1) The Union Jack Pub & Restaurant on the Old Town Mall was seeking a conditional use permit for a nightclub use; this was tabled due to concerns over noise; 2) A site plan was approved for the tennis court area at John Handley High School; and 3) A rezoning request for the tracts of land adjacent to K -mart, Graystone Terrace, and Jiffy Lube for commercial use was tabled due to concerns about residential impacts. Frederick County Planning Commission Yage 141 Minutes of February 18, 2009 -3- NAICS Conversion Committee - 02/12/09 Mtg. Commissioner Manuel reported that the NAICS Conversion Committee completed conversion of most of the zoning districts. He said they began addressing the M2 District and will meet again on February 19, at 8:00 a.m. to finish the M2 District. Commissioner Manuel said the group will probably have time to begin discussion on the last of the zoning districts, such as Higher Education and Health Services. He said the NAICS Conversion Committee hopes to finish their work within the month of March. Committee Appointments for 2009 Chairman Wilmot announced the standing citizen members of the CPPC are: Marjorie Copenhaver, fonner Planning Commissioner; Robert Morris, former Planning Commissioner; James W. Golladay, Jr., former Planning Commissioner; John Light, former Planning Commissioner; Diane Kerns, citizen member; Sue Teal, citizen member; Joanne Leonardis, citizen member; Evan A. Wyatt, citizen member; Gillian Greenfield, citizen member; J.P. Car, representing the Top of Virginia; Wayne Lee, representing the Frederick County Public Schools; Uwe Weindel, representing the Frederick County Sanitation Authority; Trish Ridgeway, representing the Library; Joe Wilder, representing the Frederick County Public Works; and Jason Robertson, representing the Frederick County Parks & Recreation. She also confirmed that Commissioner Rick Ours has agreed to serve again this year as an executive committee member of the CPPC, representing the Frederick County Planning Commission. Chairman Wilmot announced the standing citizen members of the DRRC are: Kevin W. Kenney, citizen member; Claus Bader, citizen member; Whitney L. Wagner, citizen member; Scot Marsh, citizen member; John Conrad, citizen member and representing the Top of Virginia; and Jay Banks, citizen member. She also confirmed that Commissioner Charles Triplett has agreed to serve again this year as an executive committee member of the DRRC, representing the Frederick County Planning Commission. CITIZEN COMMENTS Chainnan Wilmot called for public continents on any subject not on the Commission's agenda for this evening. No one came forward to speak. Frederick County Planning Commission Minutes of February 18, 2009 Page 2426 -4 - PUBLIC BEARING 2009-2010 Capital Irnprovements Plan (CIP) for Frederick County. The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The CIP is created as an informational document to assist in the development of the County's annual budget. If adopted, the CIP will become a component of the Comprehensive Policy Plan. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, presented the 2009-2010 Capital Improvements Plan (CIP) for Frederick County, Mr. Ruddy stated the proposed CIP was discussed by the Comprehe�lsive Plans and Programs Committee (CPPC), the Platnung Commission, and the Board of Supervisors. He said this year's CIP is somewhat different from the previous one because it has a few additional projects and it has been modified to reflect some new approaches to the CIP. Mr. Ruddy said along with the 71 projects initially included, an additional project, dealing with governmental capital equipment requests, was added at the last Board of Supervisors' meeting_ Mr. Ruddy recalled for the Commission that during last year's CIP, a similar line item was added for Fire and Rescue capital equipment requests. This was an attempt to capture a category of projects that may fall below the $100,000 classification, but ensures the connection between the CIP and any proffers received. Mr. Ruddy remarked that during the CIP discussions, a suggestion was also raised that the Winchester Regional Airport's request should be revisited. The Executive Director of the Winchester Regional Airport, Serena (Renny) Manual, had been in contact with the Federal Aviation Authority about the possibility of receiving some additional federal funding for their taxiway relocation project. Therefore, during the Board of Supervisors' discussion, the request was modified from simply a Phase I Design to the construction of the entire project, based on the potential for federal funding. Mr. Ruddy said there was also some discussion by the Board of Supervisors which revolved around Route 37 and the transportation projects. It was thought to be appropriate in this document, as it proceeds to public hearing, to make an additional modification to the CIP pertaining to Route 37 and to go bPyr,,,d simply the right-of-way and design of Route 37 and include some construction. He said this was consistent with some ongoing efforts occurring with the County, the State, and federally, to potentially receive some additional Pwiding for those projects. hi sun -unary, Mr. Ruddy stated that the CIP is similar to what the Commission saw in discussion; however, a couple projects have been modified and there is one additional line item for governmental facilities. Mr. Ruddy said the Commission is looking for conformance of the CIP with the Comprehensive Policy Plan and the staff believed it still met that conformance. Chairman Wilmot called for public comments at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kriz spoke in support of the CIP and he made a motion to recommend adoption of the 2009-2010 Capital Improvements Plan (CIP) as written to the Board of Supervisors. This motion was seconded by Commissioner Ours and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the 2009-2010 Capital Improvements Plan (CIP) for Frederick County. The CIP is a prioritized list of capital projects requested by various Frederick County departments and agencies and is created as an infnrmational document to assist in the deVelopment of the Co»nty's annual budget. Once adopted, the CIP wJ11 become a component of Frederick County's Comprehensive Policy Plan. Frederick County Planning Commission Minutes of February 18, 2009 Page 2427 -5 - COMMISSION DISCUSSION t. DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT TO CREATE A NEW ZONING DISCUSSION DISTFJCT, THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TNI)) DISTRICT. THE DISCLTSSIION WILL CENTER ON REVISIONS TO THE FREDERICK COUNTY ZONING ORDILINANrTCE TO ADD THIS NEW ZONING DISTRICT. Senior Planner, Candice E. Perkins, recalled that the first ordinance adopted to implement the goals of the Urban Development Area was an overlay district for use on certain B 1 (Neighborhood Business) and B2 (Business General) -zoned parcels, less than 20 acres in size. She said the staff noted at that time the County would be working on a larger TND (Traditional Neighborhood Development) District to also implement the study, as well as to implement the recently -adopted Route 277 Triangle and Urban Center Land Use Plan. She said the staff has been working on this district over the last few months, now referred to as the TND District, to implement the goals of those plans. Ms. Perkins reported this new TND District would be applicable to parcels located in the Urban Development Area (UDA) served by public water and sewer systems on sites at least 20 acres in size. She said the new district would be available for use throughout the UDA, but it is specifically targeted for designated urban centers and neighborhood villages, as designated in the Comprehensive Policy Plan_ Ms. Perkins explained the new TND District concept is intended provide for new opportunities and integrated land uses. She said the resulting land uses and communities are envisioned to be intensive and walkable urban areas, well integrated within the surrounding community. She said this proposed new district provides the means to create these communities. Ms. Perkins next presented a brief overview of the requirements of the proposed new district. Commissioner Oates, a member of the committee working on this concept, said considerable work was done and he believed it was a good plan to begin moving forward. Commissioner Oates said committee members are aware the ordinance may need to have minor adjustments as developers begin to take advantage of the new district regulations. Commissioner KrIz spoke in favor of the proposed ordinance and was pleased to see this move forward, considering all the work that went into the UDA. Commissioner Kriz said once the ordinances are adopted, the developers can begin to use them and the community envisioned should become a reality. Chairman Wilmot raised a Transfer of Development Rights (TDR) issue. Chairman Wilmot said this ordinance was envisioned as one of the valid locations to be able to utilize TDRs. She said the ordinance states the maximum gross residential density shall be 16 units per acre and she questioned how TDRs would play into that. Chairman Wilmot did not want to lose the opportunity to use this ordinance to accommodate TDRs. Chairman Wilmot next called for public comments and the following person came forward to speak: Mr. Evan A. Wyatt, with Greenway Engineering, said he had been following the development of this ordinance because he thought it was a good opportunity to implement standards and the good work done with the Comprehensive Policy Plan. Mr. Wyatt expressed a couple concerns for the Commission to consider as the ordinance proceeds to public hearing. The first issue involved the rezoning process and the two items required to accompany the rezoning as proffered components, a master development plan (MDP) and design guideline manuals. He explained that because the projects within this new district would be large, long-term projects, it becomes problematic trying to convince his clients to commit their property to specific standards. For example, he said items that need to be proffered up front will be architectural styles and materials, colors, textures, roof forms and pitches, and facade treatments, etc. Mr. Wyatt said he did not intend for developers not to have Frederick County Planning Commission Minutes of February 18, 2009 op M%g Page 2428 g�� F V commitments, but he requested that some flexibility be incorporated so as ideas change over time, the applicant does not have to go back through another rezoning. Mr. Wyatt said he was in favor of the concept of over -shop housing; however, he was curious why there was a limit on commercial buildings to 15,000 square feet until 40% of all commercial is cstablisl. d. He said with these types of communities, one of the anchors is typically a grocery store. Mr. Wyatt said there were a few other areas within the proposed ordinance he thought could be slightly modified and this ordinance could be really successful. He said the dilemma from the consulting side is that some of the properties in the Urban Center Areas are already zoned. He said the challenge is to convince his clients that it's better for them to take a zoned, un -proffered property, change it, and place zoning restrictions and proffers on top of that. In addition, he asked the Conunission to reconsider the requirement of mandating no parking in front of commercial. He said all of the existing similar communities he visited had allowances for minor parking in front. He was concerned it may be problematic to get commercial people to locate in these communities, without the parking in front. Chairman Wilmot announced that no action was required by the Planning Commission at this time, since this proposed ordinance was for discussion only_ DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT TO ADD VETERINAR,V CLINICS AS A PERMITTED USE IN THE BI (NEIGHBORHOOD BUSINESS) DISTRICT. Senior Plamier, Candice E. Perkins, reported that this proposed ordinance amendment was initiated by a formal request to allow veterinary clinics in the B 1 (Neighborhood Business) Zoning District. She said the existing ordinance allows for veterinary offices as a permitted use in the B2 (Business General) and B3 (Business Transition) Districts, as well as conditional uses in the RA (Rural Areas) and RP (Residential Performance) Districts. She stated the proposed amendment would add veterinary services for animal specialties (SIC 0742) to the B 1 District. She said this amendment is intended to only allow animal and pet hospitals, and veterinarians for pets and veterinary services; the proposed ordinance excludes livestock services and requires that all animals and activities be kept within the fully -enclosed primary structure. Ms. Perkins said this proposal was presented to the Development Review and Regulations Committee (DRRC) at their meeting on January 22, 2009. She said the DRRC had minor changes to the language of the proposed text and ultimately recommended it be sent to the Planning Commission for discussion. Ms. Perkins said this item is being presented for discussion and comments and suggestions from the Planning Cormm'ssion will be forwarded to the Board of Supervisors. No issues or concerns were raised by the Planning Commission. Commissioner Oates spoke in favor of the proposed ordinance amendment and thought it should be sent forward as presented. Other Commission members agreed. Frederick County Planning Commission Minutes of February 18, 2009 Page 2429 Ora OTHER REAPPOINTMENT OF COMMISSIONER CHARLES E. TRIPLETT AND COMMISSIONER LAWRENCE R. AM PROCI Chairman Wilmot announced the reappointment of Commissioner Charles E. Triplett, Uair_esboro District, and Commissioner Lawrence R Ambrogi, Shawnee District, for another four-year term. CANCELLATION OF THE MARCH 4, 2009 PLANNING COMMISSION MEETING Chairman Wilmot announced the ca_ncelation of the March 4, 2009 Planning Commission meeting, due to the absence of any scheduled agenda items. ADJOURNMENT Upon motion made by Commissioner Curs and seconded by Commissioner Kriz, +Obe meeting adjourned at 7:30 p.m. by a unanimous vote. Respectfully submitted, June M. Wihrot_ Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of February 18, 2009 Page 2430 CONDITIONAL USE PERMIT #01-09 4�cK ` CO�a AT&T AND WESLEY HELSLEY Staff Report for the Planning Commission Prepared: March 3, 2009 7 Staff Contact: Mark R. Cheran, Zoning Administrator 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: 02/18/09 Postponed at Applicant's Request 03/18/09 Pending Board of Supervisors: 04/08/09 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 120 -foot lattice type commercial telecommunication facility. Staff would note that the proposed site does not appear to qualify for a lattice -type facility; as such, if a CUP for this site is granted and if the site does not qualify for a lattice -type facility, the CUP is required to be for monopole -type construction. County Code § 165-48.6(B)(2). The site is within and adjacent to the Developmentally Sensitive Area (DSA) designation for historic areas within the Northeast Land Use Plan (NELUP), which fizrther discourages uses that distract from the historical nature of the area. Comprehensive Plan at 6-117. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. Page 2 Conditional Use Permit #01-09 AT&T and Wesley Helsley March 3, 2009 LOCATION: This property is located at 2042 Martinsburg Pike (Route 11). MAGISTERIAL, DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-130 and 43-A-132 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Church East: RP (Residential Performance) Land Use: Residential West: RP (Residential Performance) Land Use: Residential PROPOSED USE: This application is for a 120 -foot Commercial Telecommunications Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: Existing private entrance is inadequate for proposed use. Therefore, we cannot support a conditional use permit for this properly until the existing entrance is improved to meet VDOT Standards. Any work performed on the State's right-of- way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire and Rescue: Plan approval recommended. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2003. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for structural load, as well as Section 3108 for Towers. The tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached -upon property. (See Page 3 Conditional Use Permit #01-09 AT&T and Wesley Helsley March 3, 2009 3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Winchester Regional Airport: In accordance with the Code of Virginia, Section 15.2-2294, and the Federal Aviation Administration Notice of Proposed Construction, FAA Form 7460-1, application is required to be filed with the Federal Aviation Administration with a copy forwarded to this office for review and comment. Upon completion of the aeronautical study by the FAA, a copy must be forwarded to this office for final review comment. Any temporary construction equipment exceeding the overall height of the proposed structure including all appurtenances will require filing of a separate 7460-1 form with the FAA before construction begins and requires a separate review by the Airport Authority. Applicant is required to file with the Virginia Department of Aviation. Applicant should send a copy of the FAA 7460-1 form and a quadrangle map showing the proposed tower location. Final comment on behalf of the Airport Authority will be withheld pending a review of the Determination Study completed by the Federal Aviation Administration and comments from the Virginia Department of Aviation. Historic Resources Advisory Board: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that this site is located in the core area of the Second Battle of Winchester and the study area of Third Winchester. While this property is located within an area identified as having lost integrity, the area directly behind this site is identified as core area for the Second Battle of Winchester that has retained its integrity. The Northeast Land Use Plan of the Frederick County Comprehensive Policy Plan shows the area where this proposed telecommunications tower is located as a Developmentally Sensitive Area (DSA). The DSA designation is meant to ensure that historical features, as well as existing residential clusters, are protected from future development proposals. In addition to these concerns, the HRAB noted that the home located at 2042 Martinsburg Pike was built in 1947. As it is older than fifty years in age, the structure should be documented and a DHR survey should be completed. HRAB members also discussed the home's value as a part of the DSA. Ultimately, the HRAB was concerned about the visual impact of the tower on the core battlefield area and felt that the tower, which is proposed to serve the FEMA development across the street, should be located on the roof of the FEMA building or on the FEMA site. It was the Board's expressed priority that the applicants first make a serious and genuine effort to locate the tourer on the FEMA site where existing trees and development would make the tower less visible from the battlefield. Page 4 Conditional Use Permit #01-09 AT&T and Wesley Helsley March 3, 2009 Planning and Zoning: Comprehensive Policy Plan: The 2007 Comprehensive Policy Plan of Frederick Co ply ("Comprehensive Plan") provides guidance when considering land use actions. This proposed commercial telecommunication facility is located within the Northeast Land Use Plan (NELUP) as indicated in the Comprehensive Policy Plan of Frederick County. Comprehensive Plan at 6-117. The NELUP component of the Comprehensive Policy Plan identifies Developmentally Sensitive Areas (DSA) as including and surrounding this site. Id. The objectives of NELUP, as related to Developmentally Sensitive Areas, include identifying appropriate locations to protect potentially significant historic resources as identified by the Frederick County Rural Landmarks Survey, and to ensure the Historic Resources Advisory Board (HRAB) reviews all land development proposals which impact the identified DSA. Comprehensive Plan at 6-111. The general surrounding area of this proposed site contains sites of significant historical importance which include the Hackwood property, established residential areas, and the Milburn Road corridor. The Hackwood property and the Milburn Road corridor are less than 1 1/2 miles from this proposed commercial telecommunication facility. Furthermore, the subject property where this proposed commercial telecommunication facility will be located is adjacent to the study area of Third Battle of Winchester. Comprehensive Plan at 2-12. Frederick County has traditionally set a higher expectation for land use actions with regard to properties in and/or located adjacent to DSA's. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. Staff would note this CUP may not be consistent with the goals of the 2007 Frederick County Comprehensive Policy Plan: specifically land use goals identified and established by the Northeast Land Use Plan (NELUP). Careful consideration of this Conditional Use Permit may be warranted in maintaining the goals set forth in the NELUP plan. Zoning Ordinance: The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). County Code § 165-48.6. The zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole type if located adjacent to identified historic sites. County Code § 165-48.6(B)(2). Commercial telecommunication facilities may be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. County Code § 165-48.6(B). The Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt to collocate on an existing telecommunication facility, and possible co -location structures, in the proposed service area was made. County Code § 165-48.6(A). The applicant has provided an inventory of existing telecommunication facilities and possible co -location Page 5 Conditional Use Permit #01-09 AT&T and Wesley Helsley March 3, 2009 structures in this area, but did not produce adequate documentation that those existing facilities were unsuitable for the proposed use. This proposed telecommunication facility will be positioned on property located in close vicinity of the 150 acre industrially and commercially zoned Rutherford Farm development, the development of which includes a multistory office building and commercial center. This development, for example, may provide satisfactory coverage instead for this applicant and future co -location opportunities in this area of Frederick County. SUMMARY FROM THE 02/18/09 PLANNING COMMISSION MEETING: The applicant requested that the item be postponed/removed from the Planning Commission's 2/18/09 agenda; this request was honored. STAFF CONCLUSIONS FOR THE 03/18/09 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 120 -foot lattice type commercial telecommunication facility. Staff would note that the proposed site does not appear to qualify for a lattice -type facility; as such, if a CUP for this site is granted and if the site does not qualify for a lattice -type facility, the CUP is required to be for monopole -type construction. Additionally, the site is within the Developmentally Sensitive Area (DSA) designation for historic areas within the Northeast Land Use Plan (NELUP) area, which designation further discourages uses that distract from the historical natural of the area. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 2. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. a�t 0 125 260 500 Feet CUP #01-09 PIN: 43- A - 130 ;43- A - 132 rN� Future Rt37 Bypass CUP0109 A17_Wesley_Helsley_012M Bugdings � �� 1.5han Lkrekynnrnt.arra Zoning Bl 1Bas4tem Nrl lltro I—]INv kt) B3 (Bnshrcx, iminzlrial 3FanHtbn Mh M) 1!111 (FxhMtnv DlamtMNlhlq� Ltmxu TIE (FBghw Education Notid) ILII {Inda.*htal. Llght Dt.YNc/) TIHI @Ioldle Home Commwdh- Immoct) 4m ms(AIental slgwl IMsukt) �_� � lL'IKesNlental Kecreanonal l'anmtpdt}IMarlcl) ..... K.i fRwal?aea lMsttld) P/C Me,�,ting BOS Meetina APPLICATION FOR CONDITIONAL 'USE PF.RMIT F=DER:MK CODNTY, 'VIRGINIA P rt ("'he applic--ant if f,e — CHS 167Y 2, L--ie-ase list all u,',mers, 3c(,,ur3ant!3 fadu-!,individoal.,%.l as we -11 ?t: ties OC(- ;a S, av; Y 'Upy4 -Inq the pl-qtortC,Y), n-ieq --r, r1 -ie inter,,�<3t- of the .L 1 8 �,4 3. The pr,,-�,pe�-ty 'S !.Oc,?ted at-. k -plea -5c give Cil r, n --& il)clude the --f-Qu,-e nulrr;ber Uf your rt>a� oZ' .treed Fir 6 WIA J, vf , w 155me k /. 4. The propetty has a road fro age 01steet and a L depth Leet and ccrl�,ists Of acres. —5 0- --,mse be exact) 5W The prcyppert7 J -Lt owned by S lv-i denced by deed f rom recorded ow,,)ez,) in deed book no. on page .. , an tlh-� records of the Clerk of the Circuit Court, County of Fr;aderick, 61. Tax (Parcal) Idontiftc�tion (I)No. maq-J!Zte.rial Qis-"-!Lct 2 � � IV A r- C'u-rfefit -A-rgr la5T. 0130006o84 Adjoining Prop ltv., Z{.. NIN "i'lte type of use proposed is (consult with the Planning Dept, i36ore .x�i�tl�l� tint 1 c� It is propped that the fiollclwing buildings xvill be constructed: t�lsmctistrn� id ar�a�ti} �t�acvitThe lollov incareall of irdivictf�ax to bolls sides and rear and in fion! C- (r:€c:G.S3 strckkt (ton -i) Llw peopeny where. the T:queste" use .vi31 h1-- conducted. (C- onfiltiie on back ThLtt se people will be nutitfcd. by Innil of this: applicatiall., P#e NAME 'aeA $tom PROPERTY IM Tom.-. _ _ °�. ADDRESS A.0 NAME � )RE NAME ADORESS Z,1 45 Hr . PROPERTY ADDRESS PROPERTY IN! u;%S Noitlt 'fid ?, mac East MV12JENS &n1fln 1414 West ASA & .-_ Z{.. NIN "i'lte type of use proposed is (consult with the Planning Dept, i36ore .x�i�tl�l� tint 1 c� It is propped that the fiollclwing buildings xvill be constructed: t�lsmctistrn� id ar�a�ti} �t�acvitThe lollov incareall of irdivictf�ax to bolls sides and rear and in fion! C- (r:€c:G.S3 strckkt (ton -i) Llw peopeny where. the T:queste" use .vi31 h1-- conducted. (C- onfiltiie on back ThLtt se people will be nutitfcd. by Innil of this: applicatiall., P#e NAME 'aeA $tom PROPERTY IM Tom.-. _ _ °�. ADDRESS A.0 NAME � )RE NAME ADORESS Z,1 45 Hr . PROPERTY ADDRESS PROPERTY IN! I IL Please use this page for YGUr sketch Of the J)rOetiy. Sh.ow proposedand/or existing stiuctures on the property, 4Rjc!zj�jjg mcasjrejjjL,, I-AN: to all properly lin ics. I t4 ::' tl c ulldcrsigitcd. do 4:cr&y respecthiPy intake applicationandpe illon OW [Ivcm-219 body of Frederick County Virgin,v tp:ait,- � the ixse described n teas appI c4c;n_ I tt xfc lstand that the IM:1I I4' Ued to me �i'lier, v ;s raf7pli+ stit4?11 i5 su vnjftcd €T ul }"r'faced qt i�t �i it4 �.7i'c.p,' � V -c at Ieast seven (7) &I -YS prior to *c first public liemi ttg and u --•intuit d so as to be visiblc uqbi aft - i -he Board of pt_a%lic lacyrirt: _ Your ar;P11cation fior a C onditioall Use Peanm uy cr,,es any nie ber wr>lle rrederick, County PIawlin Cornmiss on, Board of ;~au-lvrvis�)rs or Planniag aiod Devoopmnt fkparlument to ilml-cet ptw p operty vdicie the propo-wd.,r>e will be j:pv, Ita t tL 2 wre o Owttct:-s' Maillftu Addrc-ss r TO P C01 ,, -'0NjNG-,AMAINISiRAT0R, DISE CODE; RENEWAL DATE.- Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: ,.w.'v.eo.fr etierick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6345 Phone 540-665-5651 K7now All Men By Those Present: That I (We) !��✓��'—�� (Name) : l k2 14 7(Phone) (Address) G�17e / / i j zt)aw ,, ge,,14 s1 , the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, byl� Instrument No. on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) ✓n %' (Phone) 7423 uo;� (Address)`c� 'amu � ' l �-.� e -s =rtl/.4 .2c?/76 To act as my true and Iawfid attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Properly, including: Rezoning (including proffers) _✓ Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney-in-fact sliall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 200, Signature(s) State of Virginia, City/County of , To -twit: I. a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _ day of , 200_ My Commission Expires: Notary Public Revised 3/17/08 Know All Men By Those Present: That I (We) (Name) AIC'_44i' e -- (Phone) E4_6. 517-Al�; (Address) iC UL_ `f f lC �� Pje !/ �! l� �( _; f,�� the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded ill the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 0500Z 77S on Page , and is described as Parcel0'3-A Lot: ``a'Z_-Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) C�(l i j / j L.c., !,L //� �� (Phone) �f/� - SJO - /C�_ (Address) To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit _ Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. 1� In witness thereof, I (we have hereto Signature(s) tint/ hand and seal this day of :oeicn c/- , 200 U , 61-10 State of Virginia, C�/County of • C_ , To -wit: 1 a I, " �5�� S. t�� a Notary Public in and for the jurisdiction aforesaid, certify that the pe on(s) who si led to the foregoing instrument personally appeared before me and -leas acknowledge�i�e before me in th jurisdiction aforesaid this ` day of•L ; 200 . My Commission Expires: Notary Public Revised 3/17/08 -1 �31�Z®tc7 LIANNE S. STANLEY NO�NOTARY PUBLIC 88 COMMONWEALTH OF VIRGINIA �! MY COMMISSION EXPIRES JULY 31. 2010 caw December 30, 2008 County of Frederick Winchester, VA Robert R. Ericksen. PE, CCIM T: 908 234-8819 One AT&T Way e-mail- rericksen@att.com Room 1A113A Bedminster, NJ 07921 Re: Statement of need for data transmission mast in Winchester, VA. Dear Officials of Frederick County: AT&T is requesting permission to construct a 120' free standing class 3 galvanized steel Iattice tower in support a of a long haul -fine sight radio communications route. The tower design will support the radio route, plus have cellular and first responder capabilities. The required site for this communications tower is adjacent to AT&T's existing communications building at 2032 Martinsburg Pike, Winchester, VA. AT&T has chosen this location because of the existence of a network access point (POP). Construction of this route will primarily serve our federal customers location at Mt. Weather, VA in support of mission critical customer network applications. AT&T contracted with Comsearch to survey existing structures within a one mile radius of our required access point and evaluate the ability of these structures to support 6 foot diameter and 5 foot diameter microwave dishes. This survey report is included with our application package. None of the existing structures can support these dishes at the required height. Due to the size and weight of the microwave dish antennas, a lattice tower is deerned the best means of support at this tower height. Monopole tower requirements would be of unusually large diameter (6'±) and would be a stronger impact visually than lattice. The applicant requests consideration of this factor, in the request to locate the tower on their site AT&T intends to continuously use the facility and tower. AT&T shall be responsible for removal within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If the tower is not removed within the ninety -day period, the County will remove the facility and a lien may be placed to recover expenses. Sincerely, AT&T Corp By: Name: Robert R. Ericksen i r � , I r , r I 1 � r r r r r i r BRL �y r 1 �Ql- I I r I I I� EX 2 STORY OtfELL/NG SEX. DRIVEWAY 15' 8RL –67B- - — - .'- - 1 O L,X. PAVED15, m BRL 223 / o PIN 43-•4'129 pHT 19LLI Ob Di2617A RE51DENTFAL ZONE.' RP USE.' ^� EX GARAGERL (n�! :Kitt /��\I7' _� 43-Afl -930 \1 +ri + 79.5— E. _ NSD � 79. — 9 D EX, 1 STORY 8L00/C BLDG s -- so + EX. t STORY W 1_M: °��. BLOCK BLDG 16' HEIGHT __j Y. , 681.0 'FX 2 STORY ONEUING 09.2' 120.0' ° PROX. LOCATI N 120'C MMUNI( 120' FAL P/N 43-A-132 WEUSSA NELSLEY-HALL & WESLEY HELSLEY, SR- INSTR. 050016775 ZONE• 50 USE.RES/OEN7IAL 19700 Janelia Farms Blvd 41;01 Ashburn, VA 20147 CO A4SEA R CH` 703-726-5500 Analysis of Communication Towers in the Vicinity of the Proposed AT&T Corporation Microwave Tower in Winchester, Virginia Comsearch was contracted by AT&T Corporation to identify all commercial communication facilities within a 1.0 mile search radius of their proposed 120' height telecommunications tower to be located at an existing AT&T facility on Route 11, Martinsburg Pike, in Winchester, Virginia. The purpose of this study is to provide the analysis required by the local Zoning Ordinances to obtain a Conditional Use Permit for the proposed telecommunication tower. Comsearch performed a database search from multiple sources including the Federal Communication Commission (FCC) Universal Licensing System (ULS) and Antenna Structure Registration (ASR), a database of the top ten tower owners in the United States, and the Comsearch databases of all microwave and land mobile radio (LMR) commercial telecommunications systems licensed for operation in the United States. The database search determined that there were 4 commercial communication facilities registered within a 1.0 mile radius of the proposed AT&T tower. Table 1 identifies the communication facilities and lists their pertinent parameters including service, frequency band, FCC Call Sign, latitude and longitude, antenna height and licensee. Figure 1 shows the location of these communication facilities with respect to the proposed AT&T tower. Table 1 Commercial Communication Facilities within 1.0 Mile of the Proposed AT&T Tower Frequency FCC Call Antenna ID Service Band Si n Latitude Longitude Height m Licensee 1 Land Mobile 152 MHz KNGB739 39-12-58 78-08-28 24 A E JOHNSON INC Microwave 2 Site 956 MHz WEF653 39-13-20 78-07-57 9.14 H H OMPS, INC SHIRLEY WELL 3 Land Mobile 31 MHz WNGE496 39-14-00 78-06-57 29 DRILLING INC 460-470 4 Land Mobile MHz WPFR957 39-12-45 78-08-29 23 PACTIV CORP Street Atlas USAO 2005 Plus alt - LJelltown 1 .... Irtyµ- ' Stephenson iln 3�. f✓i �AM Proposed Tower' 7D 2 n 3tT ID 1: "t.t. 1ID 41 317 El EVIT-1-1 4. k n P J( Data use subject to license. ** Scale 1 : 28,125 W ©2004 DeL— Street Atlas US4O 2005 Flus. '^��'�'"^� N m ® rr4gi-„m o vwwv.d elorme-cum 1" = 2.343 ata 43 0It DZoom 12-7 Figure 1 Commercial Communication Facilities in Database within 1.0 Mile of the Proposed AT&T Tower In addition to the database search identified above, Comsearch also performed a physical site visit to document the identified communication facilities and to determine if any other commercial communication facilities are present that were not identified in the database search. The on-site evaluation also focused on the area within a 1.0 mile search radius of the proposed AT&T facility. The results of the on-site physical visit are contained in Figures 2 — 5 for the database identified facilities. Figures 6 and 7 provide documentation for two additional facilities determined during the on-site visit and Figure 8 indicates the location of these additional co��munication facilities with respect to the proposed AT&T tower.. Notes are provided with each figure identifying the type of tower and a determination concerning the viability of the existing facility to support the proposed AT&T communication requirements. This determination is based on a number of criteria including 1) the ability of the tower to adequately support the proposed 6' microwave antenna, 2) the sufficient height of the existing tower to support the planned AT&T microwave link, and 3) proximity to the AT&T facility where the required communication must terminate. The results of this analysis determined that there are no existing commercial communications facilities present within a 1.0 mile radius of the proposed AT&T 120' height tower that will support the requirements of AT&T. The proposed AT&T tower is required to support a highly reliable point-to-point microwave path between the AT&T facility and a location on Mount Weather, which is in excess of 16 miles away in a direction of approximately 132 degrees from true north. The proposed tower will be required to support at minimum a 6' solid parabolic antenna. None of the identified existing communication facilities will meet the stringent requirements of AT&T. View fro m Martinsburg Pike 'W',.. rF'W'*� I lllly^,`r•�i' �, Fes. f P F - x RD 4,4 f/f t+ AW _ 1 __'y` _ .. + 1 "` w�'•� off, , c lda- " vi _y,yali�ia • }i �'Y�'v SAY .. .... '�J T Op'"►q er�t-q -xz i r - �� A ,•�i __.• E 'i i �F �` l`]��. rte'+,. _ Site: ID 1 Coordinates: 391 13' 0.4" N, 781 8' 28.4" W Tower Height: 64' AGL Guyed Owner/Licensee: AE Johnson, Inc. Notes: This site is located behind an Exxon gas station at the intersection of US - 11 and Welltown Road. This tower will not support the proposed AT&T microwave antenna requirements. Figure 2 — Database Site ID 1 Site: ID 2 Coordinates: 390 13' 20.4" N, 780 7' 57" W Tower Height: N/A Owner/Licensee: HH Omps, Inc. Notes: No tower or communication facilities are at this location. It is assumed that the facility has been deactivated and is no longer in operation. Figure 3 — Database Site ID 2 Site: ID 3 Coordinates: 390 13' 59.1" N, 780 6' 59.0" W Tower Height: 105' AGL Guyed Owner/Licensee: Shirley Well Drilling Notes: This site is located behind Shirley Well Drilling Company off of US -11. This facility will not support the proposed AT&T microwave antenna requirements. Figure 4 — Database Site ID 3 Site: ID 4 Coordinates: 390 12'45.4" N, 780 8' 29.0" W Tower Height: N/A Owner/Licensee: Pactiv Corp. Notes: Site coordinates are located within private property of Pactiv Corporation behind loading dock located southeast of main entrance. No tower is present at this location and this facility will not support the proposed AT&T microwave antenna requirements. Figure 5 Database Site ID 4 Site: Power Line Cellular Array Coordinates: 39° 13'6.4" N, 780 8'25.2" W Tower Height: 125' AGL Owner/Licensee: Unknown Notes: This is a cellular base station site positioned on a high power transmission pole located at the end of Mercedes Drive in Winchester, VA. This facility will not support the proposed AT&T microwave antenna requirements. Figure 6 — Additional Telecommunication Facility Found During Site Visit Site: Land Mobile Antenna Coordinates: 390 13' 59.1" N, 780 7' 38.6" W Tower Height: 110' AGL self support Owner/Licensee: Unknown Notes: Site is located behind Agri Court in Winchester, VA. This facility will not support the proposed AT&T microwave antenna requirements. Figure 7 — Additional Telecommunication Facility Found During Site Visit Street Atlas U SA02=Plus 321 viduo,n, Stephenson LMR Antenna' ATBT Proposecl Tower : Kell Antenna on Power Pole,' in I1N 31] Data use subject to license. { ocaie i : [u, i zb ©2004 DeLome. Street Atlas USA®2005 Plus- w•na*wt �P°gym w wv.delo—cornem 1'=2343.Bftm Data Zoumt Figure 0 Additional Commercial Communication Facilities Identified in On -Site Visit Within 1.0 Mile of the Proposed AT&T Tower REZONING APPLICATION #01-09 SILVER LADE, LLC Staff Report for the Planning Commission Prepared: March 2, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director John A. Bishop, AICP, Deputy Director - Transportation Reviewer/ Action Planning Commission: 03/18/09 Pending Board of Supervisors: 04/08/09 Pending PROPOSAL: To rezone 238.96 acres xom RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/18/09 PLANNING COMMISSION MEETING: This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The following items should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. In addition, many of the impacts associated with this request appear to have been adequately mitigated by the Applicant, subject to addressing those items noted in the evaluation of the proffer statement. • The application should demonstrate how it will achieve a campus style development as envisioned by the Round Hill Land Use Plan. Presently, this does not appear to be fully or clearly achieved • It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. • The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 2 • The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development beyond that evaluated should be carefully considered. ® The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. Rezoning 401-09 — Silver Lake. LLC March 2, 2009 Page 3 This report is prepared by the Frederick County Planning Staff to provide in�oranation 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. PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50West), west of Retail Boulevard and east of Poor House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52 -A -C, 52-A-50, 52 -A -50A, 52-A-52 and 52-A-63. PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential, Vacant, Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) East: B2 (Business General) West: RA (Rural Areas) Use: Agricultural Use: Residential/Vacant Commercial Use: Commercial Use: Residential/Agricultural Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the revised transportation proffers offered in the Silver Lake Property, LLC Rezoning Application dated February 19, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I T E Trip Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Round Hill Fire and Rescue Co.: I would like to go on record by stating that the proffer, while very generous, may or may not meet the needs of the Round Hill Community Fire and Rescue Company as written. The company may wish to pass on the offer of the parcel of land offered due to the added expense in relocating our entire operation from its present site. The company presently owns 7+ acres at their present site, which we feel would be adequate room for building a new fire and rescue facility while allowing us time to complete the building in its entirety. Due to the proposed expense of the new facility, we have considered building in stages, which would allow us the flexibility to utilize the existing facility for fund raising until funds are available for completing the new facility. Our fund raising currently provides us in excess of $100,000 annually and is very important to the operation of the department and one that we cannot do without or facility in which to do it in. There is language in the proffer statement that we would like to make comment to which I have added in the following: a. Control of the proposed signaling at the intersection of Northwestern Pike and Silver Lake Road by means of the Opticon System along with all associated equipment installation and maintenance cost is borne at the developer and/or Virginia Department of Transportation (VDOT). b. That as proposed, the traffic control signal being installed at Poor House Road and Northwestern Pike not be removed after the relocation of Poor House Road to allow us quicker and safer access to Northwestern Pike and points north and west. c. Should the company opt to accept the proposed land for new fire station, it is deeded to the Round Hill Community Fire and Rescue Company, whether done through Frederick County or the Fire Company and its agents and a Memorandum of Understanding (MOU) for its use only as a Fire Station and any ancillary structures. d. If the Round Hill Community Fire and Rescue Company decide to accept the land offer, we shall make all attempts, within reason and cost restraints to meet the covenants for the CCRC or the MS District portion of the development and would work with the developer to make the station design meet the intent of the development. e. All monetary contributions made to the County of Frederick are earmarked for the Round Hill Community Fire and Rescue Company and made available when construction of the new fire station starts, regardless of location. f. The developer shall provide sewer and water to the proposed land proffer prior to completion of a new fire station. All roadways that access Northwestern Pike be made completely accessible prior to starting any construction on a new fire and rescue facility. g. The developer assists or complete all site Rezoning 901-09 — Silver Lake, LLC March 2, 2009 Page 5 preparation to sub grade requirements for a new fire and rescue facility due to hidden and unforeseeable cost associated which the company may not be able to bear the burden of cost. Public Works Department: I. Refer to the discussion of the Suitability of the Site, Page 3. The discussion should be expanded to include a paragraph describing the site topography and existing structures. The site description should also include a reference to the existing wastewater pond located close to the northern property boundary and its potential impact on the site development. 2. Refer to Soil Types, Page 4. The discussion of the soil types should be expanded to include a detailed discussion of the karst limestone geology which underlies the entire site. The existence of the limestone as rock crops and potential voids will have a significant impact on site development as well as the design of environmental features such as stormwater management facilities. We strongly recommend that a detailed geotechnical study be performed prior to the submittal of the master development plan so that the karst features including rock outcrops, solution channels and sinkholes can be accurately located. The design of BMP facilities should reflect recommendations resulting from this study. 3. Refer to the paragraph titled Sewage Conveyance and Treatment, Page 7. The analysis of the projected sewage flows indicates a maximum flow of 259,014 gallons per day at project build out. However, the discussion indicates that there is only sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis which limits development to 570 units within the CCRC and 180,000 square feet of commercial retail. Explain this potential conflict by indicating how the additional development described in Phases 2, 3 and 4 will be served by the sanitation authority. 4. Refer to Water Supply, Page 8. A similar conflict exists for the water supply as previously described for the sewage system. The discussion indicates sufficient water capacity exists for the Phase 1 development only. However, the estimated maximum demand is calculated for the entire project. No reference is made to the sanitation authority's ability to meet this demand at build out. 5. Refer to Drainage, Page 9. As previously described in Comment #2, the site is completely underlain by a relatively pervious limestone formation. The development of the site will face many challenges in an attempt to balance increased runoffs and a decrease in infiltration. The design of BMP facilities may require the installation of impervious liners to prevent the infiltration of nutrients and/or pollutants directly into the underlying groundwater system. The concentration of runoff may also cause solutioning and the creation of sinkholes within the site. These issues need to be carefully considered in the location and design of stormwater management systems. Department of Inspections: Existing structures require an asbestos inspection and demolition permit prior to removal. A permit for asbestos removal is also required prior to demolition activity and if asbestos is discovered. Comments shall be made at site plan/subdivision plan submittal. Sanitation Authority: No comment. Service Authority: No comment. Health Department: No Comments. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 6 Historic Resources Advisory Board: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, identifies the Silver Lake, LLC Properly as being located within the study area of the Second Battle of Winchester and is located adjacent to the core Battlefield area. In addition, the Rural Landmarks Survey Report for Frederick County, Virginia, identifies four structures listed as potentially significant within the immediate area of the subject site. The sites that are listed in the survey are: Hodgson House (#34-93), Walnut Grove (#34-98), Aspen Shade (#34-85), Abner - Hodgson House (#34-94). After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board voted unanimously to support the Silver Lake Rezoning Application, provided that the applicant includes the tree save area designation in the proffered generalized development plan. It was the HRAB's opinion that the tree save area around the property's perimeter would provide appropriate visual protection for both the battlefield area and the historic sites nearby the proposed rezoning site. Department of Parks & Recreation: The applicant has proposed to proffer a ten acre site, which includes a pond, wetlands and flood plain areas for park land. Although the language of the Comprehensive Policy Plan Amendment #05-06 Round Hill Center refers to a "new ;ark in the area of the large pond", the usable acreage proffered is not consistent with the Parks and Recreation Department's Comprehensive Plan. However, the applicant may want to consider expanding the proposed ten acre park area to include the entire drainage corridor which, after further review, may offer linear park features to include environmental areas and passive public recreational opportunities with trails in this planned commercial and retirement community. The Parks and Recreation Department is recommending the applicant provide pedestrianibicycle facilities as part of a main transportation network. In addition, pedestrian/bicycle facilities should provide connectivity to the commercial areas in the proposed B2 District, to the east as well as along Route 50 which would be consistent with the MPO Bike/Pedestrian Trail Plan. The applicant should provide recreational amenities in the Continuing Care Retirement Community (CCRC) for those residents. Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 close in surfaces of the Winchester Regional Airport, therefore, proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated February 13, 2009 from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated February 18, 2009 from Michael T. Ruddy, A1CP, Deputy Planning Director. Planning & Zoning: 1) Site History The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an unproved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 7 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p_ 1-11 Land Use The 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed commercial and medical support land uses are supported by the Comprehensive Plan. The adopted Round Hill Land Use Plan has been included with this agenda package for your information. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Through coordination with the Frederick County Sanitation Authority, the proposed infrastructure should be sufficiently sized to meet the needs of the Round Hill Land Use Plan and the infrastructure should be ultimately accessible to other properties within the area. The Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor (see Design Principles for the Round Hill Route SO Corridor). These design elements should be recognized as being applicable to the B2 commercial property along Route 50 and have been generally addressed in the proffer statement. The only element that could be addressed to a greater extent is the placement of buildings close to Route 50 with landscaped parking lots in the rear. Building location and site layout and design elements have not been addressed in this application. Recently, several rezoning applications, including the WWW and Botanical Square rezoning requests, have addressed the above design principles in some form. This rezoning application generally addresses the design principles of the Round Hill Land Use Plan. The Round Hill Land Use Plan identifies this area for a large campus style development. The campus style development should provide for boulevard street designs, street tree designs, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. To that end, the application generally addresses the Round Hill Land Usc Plan. However, a greater amount of consideration could be provided to the coordinated design and layout of the commercial portion of this project, in particular, with the building location and site layout and design elements. The application should clearly demonstrate how it will achieve a campus style development. Presently, this has not been identified clearly. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 8 The application provides for street trees along the major thoroughfares within the project, the ten foot multiuse trail extended along the length of Spinning Wheel Lane and internal to the project, and the U41)typical section for a portion of the collector road. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road that may be implemented east of the intersection of Spinning Wheel and Silver Lake. The Round Hill Land Use Pian recommends that a new park be included with the development of this area. Such a park should be a passive recreational facility with trails, benches, and outdoor eating areas. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The area shown in the Round Hill Plan is generally consistent with the area of environmental features that runs through the central portion of the property. It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. The GDP could be modified accordingly. The area immediately north east of the intersection of Spinning Wheel Lane and Silver Lake Road extended that contains the existing pond and associated wetlands should also be incorporated into this park area or alternately incorporated into preserved areas of open space within the CCRC and future B2. Transportation The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area. This application generally addresses these improvements in a positive manner. A new major collector road, Spinning Wheel Lane is identified through the center of this project providing connectivity between Route 50 and area of commercial development to the east of this property. This new road should be an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U41) typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U41) typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. The Round Hill Land Use Plan also recognizes the need to ultimately extend the internal road network to provide for a connection to Poorhouse Road. The application recognizes this connection by providing for two alternate locations for this road connection internal to the Silver Lake property. Of the two alternatives for the potential realignment of Poorhouse Road, Option 1 would be the most preferable. No off-site improvements have been provided to make this connection. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 9 The application provides for bike and pedestrian connectivity throughout the project and along the projects frontage with Route 50. Pedestrian accommodations have been made at the major intersections. Interparcel connectivity has been provided on each commercial lot within the B2 section as development occurs. Each of these elements addresses other transportation components of the Round Hill Land Use Plan. It is recommended that key sections of the trail network should be completed for the benefit of the initial occupants of the project, the proffered CCRC. To that end, the portion of the trail internal to the passive open space should be advanced if possible. Site Access and design. The Generalized Development Plan provided for this project depicts the location of the internal road systems serving this project. Spinning Wheel Lane serves as the properties major collector road, intersecting with Route 50, and connecting to the existing road system to the rear of the development containing Wal Mart. Silver Lake Drive provides an additional connection to Route 50, intersects with Spinning Wheel Lane and ultimately may provide a connection with Poorhouse Road. An additional internal street provides access to the western commercial portion of the property. 2) Site Suitability/Environment This property contains a significant amount of Green Infrastructure features including; 30.67 acres of floodplain, identified areas of wetlands, small areas of steep slopes, rock outcroppings, and areas of mature woodlands. Such features could and should be incorporated into the project to a greater extent than is presently provided, at a minimum to address the area identified in the Round Hill Land Use Plan which would provide for a greater area of protected passive open space. It is recommended that a commitment is made to preserving areas containing such features, particularly in those locations that are outside of any areas of anticipated land disturbance and in areas that exceed the required distance buffer locations. It is recognized that the County's development standards provide protection to such features. However, the Generalized Development Plan could be used to incorporate these features into the design of the project to a greater extent. The proffer statement commits to preserving mature woodlands in areas where buffers are required during the MDP approval process. However, in other areas it is preferable to incorporate such features as simply as possible into design of GDP where appropriate. This would appear to be achievable in the area of proposed MS zoning where several of the significant rock outcroppings and larger areas of mature woodlands around the properties perimeter are located. The property contains the ruins of a house that would appear to be historic in nature. While this structure is not contained within the Rural Landmarks Survey, it is recommended that the historic house is addressed in some manner by this application and certainly prior to any development or land disturbance on the site. This item has not been addressed at this time. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 10 3) Potential Impacts Please recognize that this project proposes developing an area of MS Medical Support District and an area of B2 Business General District. The MS area is proffered to specifically be a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre. This would potentially yield 1,048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development should be recognized. With regards to transportation, the TIA projects the build -out of this project within four phases. However, there is no limitation on the amount of development beyond the fourth phase. This potentially may allow a significantly larger amount of development than has been evaluated in the TIA. This comment is also applicable to other components of the rezoning where the potential would exist for a greater amount of development than has actually been modeled. The Applicant has provided an approach that addresses the potential of additional transportation impacts to the satisfaction of the County's Transportation Planner and VDOT. A. Transportation A Traffic Impact Analysis (TIA) was prepared for the Silver Lake, LLC application dated November 25, 2008. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four-phase study. The TIA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The Applicant's transportation program is based upon this four phased approach to addressing the transportation impacts associated with this project. In general, the approach of the TIA is summarized as follows. Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retail Improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and turn lane improvements at the intersection of Northwestern Pike and Spinning Wheel Lane, and improvements to the Route 37 southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Improvements include new signalization and turn lane improvements at the intersection of Northwestern Pike and Silver Lake Road, the development of a two-lane east -west road system that connects Spinning Wheel Lane to Retail Boulevard, improvements to the Route 37 Rezoning #01-09 ^ Silver Lake, LLC March 21 2009 Page 11 northbound off ramp to provide for a second right turn lane, and the development of a third westbound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Improvements include the provision of a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -west road system to connect with Poor House Road (Route 654). Please recognize that the connection over to Poor House Road via option I is notprovided for with this application. Option 2 would be implemented if land has not been made available to implement Option 1. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements include the provision of a second left turn lane on .Silver Lake Road at the intersection of Northwestern Pike, the provision of a second left turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development of a third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development of a third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. Beyond Phase 4 In the event that the Applicant would develop commercial and/or office land uses that exceed the maximum square feet or total trip generation specified in the transportation program, the Applicant has proffered that a new TIA shall be prepared and any necessary transportation improvements will be implemented as a condition of site plan approval. It is recognized that a significant amount of transportation infrastructure is being addressed with this application. However, it should be noted that the TIA concludes that several locations would function at a level of service D or better, and level of service F at the Route 50 intersection with Route 37 northbound. This occurs during the later phases of this project and is with the improvements in place. The Comprehensive Plan seeks to achieve a level of service C or better on impacted roads and intersections. As identified previously, Spinning Wheel Lane is identified as an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U4D typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 12 B. Water & Sewer The proposed build -out of the 370 acre property is estimated to add 259,014 gallons per day to the public sewage conveyance system. In addition, it is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the community via the Stephens City quarry system from the James H. Diehl Water Filtration Plant and the Clearbrook quarry system from the North Water Filtration Plant. The development of land uses in the first phase will direct effluent to the Opequon Water Reclamation Facility (OWRF) through the existing pump station and sewer force main system Water and sewer lines would need to be sized to ultimately include residential land in the community center core area. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Coordination with the Frederick County Sanitation Authority is occurring to ensure that the proposed infrastructure is sized sufficiently to meet the needs of the Round Hill Land Use Plan and that the infrastructure will be ultimately accessible to other properties within the area. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. Ultimately, the commercial component of this project will generate tax revenue for the County. As presented, this application does not provide any commitment as to the timing or phasing of the commercial land uses. Therefore, the County has typically sought to address such an approach and the impacts of any residential land uses consistent with the impacts Development Impact Model (DIM). Due to the aged nature of the proffered CCRC residential use, the school component of the DIM should not be a consideration. However, the impacts to the other components of the DIM should be addressed in some manner. The recreational and leisure requirements that may be required by ordinance or may be provided with the development of the CCRC would not typically negate the need to address the impacts identified by the DIM. Fire and Rescue This application's significant effort to address the fire and rescue community facility impacts is duly recognized and appreciated. This application provides for land dedicated to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located Rezoning 401-09 — Silver Lake, LLC March 2, 2009 Page 13 near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. 3) Proffer Statement — Dated November 25, 2008; revised March 2, 2009 The Proffer Statement for this Application is very detailed. The following is a summary of some of the key components of the proffer statement with those items that need to be addressed identified. A) Generalized Development Plan A Generalized Development Plan has been proffered which identifies the general location of the MS and B2 zoning districts, the general location of the primary public street systems and access to Route 50, the general location of the proposed fire and rescue station, the general location of the passive open space area, the 50' landscape buffer adjacent to Route 50, the trail system, and the phasing of the transportation program. The GDP consists of three sheets, with pages 2 and 3 providing additional detail on improvements to intersections within Route 50. B) Land Use The Applicant has specifically proffered a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre for the portion of the property to be zoned MS. This would potentially yield 1048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Several B2 uses have been prohibited by proffer. Areas of mature woodlands are proffered to be preserved in those areas where buffers would be required. A linear area of passive open space has been provided central to the project. A 50' landscaped buffer area has been provided along Route 50. Landscaping ire the form of street trees has been provided along the i-nain thoroughfares of the property, Spinning Wheel Lane and Silver Lake Road. Additional evergreen landscaping is to be provided adjacent to required buffer areas adjacent to residentially used RA land. It is important to protect areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. Rezoning #0 i -09 — Silver Lake, LLC March 2, 2009 Page 14 An architectural review board responsible for ensuring certain site development and building design standards has been proffered. C) Transportation The application limits entrances to the CCRC to two, limits full service commercial entrances onto Route 50 and Poorhouse Road (no commercial entrances are permitted on Poorhouse Road), and has ensured inter parcel connectors between all adjoining commercial and office land uses. The Application provides for a bike and pedestrian facility that is 10 feet in width throughout the project as identified on the GDP. The phased development of this facility is described in detail. The Applicant has proffered a four phase approach to the transportation improvements provided with the development of this project as follows: Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retail. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Phase 3 Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements associated with the above phasing include; all necessary right of way dedications, signalization improvements at each new intersection fronting on Route 50 and at Poorhouse Road including pedestrian accommodations, improvements within the Route 50 right of way including additional lane improvements, the construction of SpinninV, Wheel Lane initially as a four lane divided section from Route 50 to the future roundabout and as an undivided section through the remainder of the property, the construction of Silver Lake Road throughout the property initially as a two lane section with an ultimate four lane facility, improvements within the Route 37 interchange with Route 50, and the ability to utilize any funding consistent with these Route 37 interchange improvements by Frederick County for matching funds for qualifying transportation improvement programs or grants. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 15 D) Community Facilities The Applicant has proffered the dedication of land to Frederick County for the development of a new fire and rescue facility serving the Round Hill Community. Please note that this proffered dedication of a fire and rescue site has a five year sunset clause attached to it. Frederick County typically does not prefer sunset clauses attached to proffered commitments. The offer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. The projections of the Development Impact Model (DIM) recognize residential projects that would typically generate some form of tax revenue for the County through the payment of real estate taxes. Alternative approaches to this may model have an impact on the projections of the DIM and the financial impacts of future residential units. STAFF CONCLUSIONS FOR THE 03/18/09 PLANNING COMMISSION MEETING: This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The following items should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. In addition, many of the impacts associated With this request appear to have been adequately mitigated by the Applicant, subject to addressing those items noted in the evaluation of the proffer statement. • The application should demonstrate how it will achieve a campus style development as envisioned by the Round Hill Land Use Plan. Presently, this does not appear to be fully or clearly achieved. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 16 o It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. • The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development beyond that evaluated should be carefully considered The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. Following the required public hearing, 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. I MUNWAY ENNNEERiwG.s . 1151 Windy Hill Lane Winchester, Virginia 22602 Pounded in iwi February 19, 2009 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Silver Lake LLC Rezoning — Review Agency Comment Response Letter Dear Mike: As requested, I have prepared a comment response letter to identify the various matters considered by the Applicant during the review agency continent period for the referenced rezoning. I have incorporated information in response to each review agency item within this letter to assist you with this matter. Please note the following: VDOT Comment — February 19 2009 Our team has been working with VDOT throughout calendar year 2008 to determine all issues necessary to mitigate the impacts associated with this project. We have conducted multiple meetings with the VDOT review team, including field meetings along the Northwestern Pike corridor to determine appropriate geometric design matters and improvements to existing conditions including median crossing improvements. This effort has resulted in a positive comment from VDOT regarding the proposed geometric design and timing for all on-site and off-site improvements to the regional road system. Additionally, this project has received approval of a signalized intersection spacing exception request by the VDOT Staunton District Administrator. FCSA Comment — December 8 2008 Our team has had several meetings with the FCSA Director and staff to discuss various matters to ensure that regional water and sewer demands are met for this project, as well as future development within the Round Hill Community. Detailed analysis of the water and sanitary sewer needs in this region have been accomplished to determine appropriate source, capacities, sizing and routing for the public water and sewer infrastructure. The Applicant has agreed to install water and sewer lines that are oversized for their needs to aCcnm„2Hrlate the future develop needs of the community and have agreed to an approach that will utilize and expand existing infrastructure for the first development phase and install the oversized infrastructure to accommodate the future phases. FCSA has provided an approved comment for this rezoning request. Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project 49285/EAW www.greenwayeng.com FWSA Comment — December 10, 2008 The proposal for public sewer service will direct effluent to the Opequon Wastewater Treatment Facility during the first phase of development and will then be designed to direct the majority of the sewer demand to the Parkins Mill Wastewater Treatment Facility through the regional pump station design at Willow Run. FWSA has provided an approved comment for this rezoning request. Building Inspections Comment — December 22, 2008 A paragraph entitled Existing Conditions has been incorporated into the February 19, 2009 Impact Analysis Statement to acknowledge the Building Inspections comments pertaining to the demolition of existing structures on the subject properties by the Applicant. Public Works Comment — February 18, 2009 Item 1 — The Impact Analysis Statement has been revised to expand on site topography, existing on-site structures, and adjoining property use. Item 2 — The Impact Analysis Statement has been revised to expand on soil types to identify the existing karst geology and to identify narratives that will be incorporated onto the Master Development Plan to ensure the appropriate design and treatment of these conditions during site development. Item 3 — The Impact Analysis Statement provides for the phased approach for public sewer service and regional infrastructure to serve the Round Hill Community. This approach has been confirmed and approved by FCSA. Item 4 - The Impact Analysis Statement provides for the phased approach for public water service and regional infrastructure to serve the Round Hill Community. This approach has been confirmed and approved by FCSA. Item 5 — The Impact Analysis Statement has been revised to expand upon the approach necessary to ensure water quality measures for the proposed regional storm water management system. Winchester Regional Airport Comment — December 8, 2008 The Executive Director of the Winchester Regional Airport has identified that there are no impacts and has provided an approved comment for the rezoning request. 2 Project 4928S/EAW Parks and Recreation Comment — January 30 2009 The Applicant proffered to provide a 10 -acre site located along Northwestern Pike around an including the existing pond feature to provide for public recreational opportunities consistent with the Comprehensive Policy Plan. The Frederick County Parks and Recreation Board considered this request during their January 2009 meeting and decided not to accept this proffered site. Parks and Recreation has recommended that a linear passive public recreational facility be established through the limits of the environmental area with trail connectivity to additional trails along the main transportation network and along Northwestern Pike. The proffer statement and GDP identify these features that will be developed for the benefit of the residents of the CCRC and owners/employees of the commercial and office land bays. Fire and Rescue Comment — December 10 2008 The Assistant Fire Marshal has provided an approved comment for the rezoning request. Round Hill Volunteer Fire and Rescue Comment — December 10 2008 The Fire Chief has provided a comment that requests the option to obtain proffers should the fire company decide to locate on the subject property or at a different off-site location. The following comment information responds to this approach: Item 1 — The owner has proffered to design the proposed traffic signal at the Silver Lake Road intersection with preemption technology should the new fire and rescue facility be located on the subject property. Item 2 — The request to maintain the proffered traffic signal at the Poorhouse Road intersection following the relocation of Poorhouse Road can not be committed to by the Applicant as this is a VDOT decision. Item 3 — The request to have the proffered site dedicated to the Round Hill Fire and Rescue Company cannot be accomplished by the Applicant, as it is County policy to have proffers directed to Frederick County. The land dedication proffer is consistent with this Policy. Item 4 — The offer to meet restrictive covenants associated with future development in the commercial portion of the project is appreciated and expected by the Applicant. Item 5 — The request to have the monetary proffers available for the development of a new fire and rescue station serving the Round Hill Community regardless of location has been provided for in the Applicant's proffer statement. It is County policy to have Project 4928S/EAW 3 monetary proffers directed to Frederick County. The monetary proffer is consistent with this policy. Item 6 — The request to have the Applicant provide water and sewer service and road access to Northwestern Pike has been provided in the Applicant's proffer statement. Item 7 — The request to have the Applicant prepare the pad site for the new fire and rescue station has not been provided. However, the Applicant's proffer statement provides for an additional $100,000.00 for the new fire and rescue facility serving the Round Hill Community should it be decided to be developed off-site. Therefore, this additional monetary contribution could be utilized for this pad site development if necessary. Historic Resources Advisory Board Comment — January 26, 2009 The HRAB recommended that the Applicant proffer a tree save area along the perimeter of the subject properties to protect the viewshed of the Second Winchester core battlefield area and historic sites. The County Zoning Ordinance provides a waiver provision to utilize stands of mature woodlands to accomplish required buffers and screening, which would be the case with this development. The Applicant's proffer commits to requesting this waiver that will accomplish the tree save area during consideration of the Master Development Plan for this project. Countv Attornev Comment — February 13, 2009 Item 1 — The Applicant has recorded a Boundary Line Adjustment Plat, which establishes the precise boundary of the proposed MS District zoning designation on tax parcel 52-A- 50. The remaining four parcels establish the precise boundary of the proposed B2 District zoning designation. The Applicant's rezoning application, impact statement and proffer statement identifies these parcels and their proposed zoning designation. Item 2 — The proffer statement has been modified to exclude MS District uses that are not allowed in the CCRC. Item 3 — The proffer statement has been modified to eliminate the contradiction with access drive encroachment through the 50 -foot green strip. Item 4 — The proffer statement has been revised to define the timing for the installation of the trail system and street trees along Northwestern Pike. Item 5 — The proffer statement provides a timing mechanism for the construction of the 10 -foot asphalt pedestrian and bicycle trail. The commitment for construction is consistent with the completion of all proffered road improvements within the first Project 49285/EAW 4 transportation phase of the project, although the proffer allows for this improvement to occur prior to the completion of the improvements within this transportation phase. Item 6 — Comment noted. The VDOT has conducted extension analysis of the TIA as part of the 527 Review Process and has provided a comment stating that they are satisfied the proposed proffers address all concerns with this rezoning request. Item 7 — The proffered GDP identifies Spinning Wheel Lane as the only road system providing access to the project site during the first transportation phase; therefore, this road has to be in place to serve any initial development phase should it be commercial or CCRC. Proffer sections D(2)(e) and D(2)(f) provide additional assurance that Spinning Wheel Lane will be constructed as permitted land uses cannot obtain occupancy permits until the road improvement, including improvements on Northwestern Pike. Item 8 — This proffer is a safeguard to ensure that off-site right-of-way improvements can be delivered, which will most likely not be necessary to implement. Item 9 — This proffer has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 10 — Proffer Section D(2)(e) has been revised to incorporate the language suggested in this comment. Item 11 — This proffer has been determined to be acceptable by VDOT. The Planning Department has commented that the Comprehensive Policy Plan recommends that the entire section of Spinning Wheel Lane should be developed as a four lane divided median section. The Applicant has agreed to the divided median section along the first segment of this road as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. Item 12 — Proffer Section D(2)(i) has been revised to incorporate the language suggested in this comment. The timing of the monetary contribution has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 13 — Proffer Section D(3)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. The traffic signalization agreement or installation has to occur by the end of this construction phase; however, this timing is proffered to be accelerated if a land use is proposed, which is dependent upon Silver Lake Road for access to Northwestern Pike. Project 4928S/EAW 5 Item 14 - This proffer is a safeguard to ensure that off-site right-of-way improvements can be delivered, which will most likely not be necessary to implement. item 15 - This proffer has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 16 — Proffer Section D(3)(d) has been revised to incorporate the language suggested in this comment. The trigger for construction of Silver Lake Road has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 17 - This proffer has beer. determined to be acceptable by both VDOT and the County Transportation Planner. Item 18 - Proffer Section D(3)(i) has been revised to incorporate the language suggested in this comment. The timing of the monetary contribution has been determined to be acceptable by both VDOT and the County Transportation Planner. This proffer section has been revised to provide the timing obligation as suggested. Item 19 - Proffer Section D(4)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. Item 20 - This proffer is a safeguard to ensure that off-site right-of-way improvements can be delivered, which will most likely not be necessary to implement. Item 21 - Proffer Section D(4)(c) has been revised to incorporate the language suggested in this comment. Item 22 — The turn lane construction reflects language suggested by VDOT, which has been determined to be acceptable to the County Transportation Planner. Proffer D(4)(d) has been revised to incorporate the language suggested in this comment. Item 23 - Proffer Section D(5)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. Item 24 - This proffer is a safeguard to ensure that off-site right-of-way improvements can be delivered, which will most likely not be necessary to implement. Item 25 -Proffer Section 1)(5)(c) has been revised to incorporate the language suggested in this comment. Item 26 — The spelling error in Proffer Section D(6) has been revised. 6 Project 4928S/EAW Item 27 — The 3-4 acre site has been made available for the location of a new fire and rescue station for the Round Hill Community. In the event that this site is ultimately not utilized for that purpose, it will be used for economic development purposes. Item 28 — The Applicant has had discussions with decision makers regarding the timing mechanism for the $1,000,000.00 monetary contribution. It was determined that this payment would be of greater benefit to the County as a lump sum payment instead of at the time of building permit issuance for the residential land uses within the CCRC. Therefore, this time period for the lump sum payment was agreed to by the Applicant to provide these funds to the County sooner. Item 29 — Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. County Transportation Planner Comment — February 18 2009 Item I — The GDP has been revised to implement a complete system of asphalt bicycle and pedestrian trails that are 10 -feet in width, which includes a contiguous trail system along the Northwestern Pike frontage. Proffer Section C(6) has been established to identify the construction phases in which this trail system will be implemented. Item 2 - Proffer Sections D(2)(a), D(2)(h), D(3)(a), D(3)(d), D(3)(e), 1)(3)(g), D(3)(h), 1)(4)(a), D(4)(c), D(4)(d), D(5)(a), D(5)(c), and D(5)(d) have been revised to incorporate the language suggested in this comment. Item 3 — Proffer Section D(2)(f) has been revised to include language requiring the raised median section northeast of the roundabout to transition into the final segment of Spinning Wheel Lane. The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the 10 -foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Project 4928S/EAW 7 Item 4 — Future site plans will address this matter and will incorporate required design elements into their plans as a condition of approval. Item 5 - Proffer Sections 1)(2)(a), D(2)(h), 1)(3)(a), 1)(3)(d), D(3)(e), 1)(3)(g), 1)(3) 1(h), IB(4)(a), 1)(4)(c), 1)(4)(d), 1)(5)(a), D(5)(c), and D(5)(d) have been revised to incorporate the language suggested in this comment. Item 6 - Proffer Sections D(1), 1)(2)(d), D(2)(e), 1)(2)(f), D(2)(g), D(2)(h)D(3)(c), D(3)(d), D(3)(e), D(3)(f), 1)(3)(g), D(3)(h), D(4)(c), D(4)(d), D(5)(c), 1)(5)(d), and E(3) have been revised to incorporate the language suggested in this comment. Item 7 - Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. County Planner Comments — February 18, 2009 General Item 1 — The Applicant has recorded a Boundary Line Adjustment Plat, which establishes the precise boundary of the proposed MS District zoning designation on tax parcel 52-A- 50. The remaining four parcels establish the precise boundary of the proposed B2 District zoning designation. The Applicant's rezoning application, impact statement and proffer statement identifies these parcels and their proposed zoning designation. Item 2 — All required application materials have been incorporated into the filing packet. Item 3 — The appropriate application fee has been provided. Land Use Item 1 - Our team has had several meetings with the FCSA Director and staff to discuss various matters to ensure that regional water and sewer demands are met for this project, as well as future development within the Round Hill Community. Detailed analysis of the water and sanitary sewer needs in this region have been accomplished to determine appropriate source, capacities, sizing and routing for the public water and sewer infrastructure. The Applicant has agreed to install water and sewer lines that are oversized for their needs to accommodate the future develop needs of the community and have agreed to an approach that will utilize and expand existing infrastructure for the first development phase and install the oversized infrastructure to accommodate the future phases. FCSA has provided an approved comment for this rezoning request. 8 Project 49285/EAW Item 2 — The Proffer Statement has incorporated several of the design elements for the commercial properties that adjoin Northwestern Pike. Proffer Sections D(2)(d) and D(3)(c) have provided for pedestrian actualization for the proposed traffic signals; Proffer Section C(5) provides for inter -parcel connectors for adjoining commercial sites; and Proffer C(3) includes ornamental shrubs within the green strip enhancement along the property frontage with Northwestern Pike. Proffer Section C(2) prohibits individual full service commercial entrances along Northwestern Pike; however, flexibility remains to allow VDOT and Frederick County to permit right -in or right -out entrances if the design is appropriate. The Applicant does not agree with the recommendation to place parking in the rear of the commercial buildings. This design element does not appeal to commercial and office end users and may place this project in a competitive disadvantage if this was to occur. The Applicant envisions commercial, office, and medical uses in a campus setting such as those like Shenandoah University, Winchester Medical Center, and Creekside Village, as well as potential larger commercial footprints. None of these land use examples design parking behind their frontages. Item 3 - The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the 10 -foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Item 4 — The GDP has been modified to expand the passive open space area and to provide a 10 -foot wide asphalt pedestrian and bicycle facility that connect to the trail systems planned along Spinning Wheel lane and Northwestern Pike. The existing pond area on the north side of Spinning Wheel Lane is planned to be incorporated into the CCRC design, which is desired to be separate from the passive open space area. Transportation Item 1 - The GDP has been revised to implement a complete system of asphalt bicycle and pedestrian trails that are 10 -feet in width, which includes a contiguous trail system along the Northwestern Pike frontage. Proffer Section C(6) has been established to identify the construction phases in which this trail system will be implemented. Item 2 - Proffer Section C(5) provides for inter -parcel connectors for adjoining commercial sites. Project 4928S/EAW 9 Item 3 - The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the 10 -foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Item 4 — A raised median design is proffered at the intersection of Silver Lake Road and Northwestern Pike. The design plans for that improvement will provide for a pedestrian refuge area if permitted by VDOT. Item 5 - Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. Item 6 — Proffer Section B(4) has been provided to clarify that the CCRC will utilize Spinning Wheel Lane for access and that the CCRC will have a maximum of two commercial entrances along Spinning Wheel Lane. Item 7 — The Applicant's transportation proffers implement everything identified in the Comprehensive Policy Plan, as well as all modeled improvements in the traffic impact analysis. The Applicant's proffer statement has been recommended for approval by VDOT due to its significance in addressing regional transportation matters. Traffic Impact Analysis Statements are required to model far into the future and include background projects that for the most part will not contribute to regional transportation improvements. The traffic study for this project demonstrates areas primarily at the Route 37 interchange that are less than a LOS C; however, it should be recognized that this rezoning proposal does more than its fair share of mitigating traffic impacts that are not completely created by this project. Item 8 — The Applicants have been in active discussions with the adjoining property owner that controls the ability to provide for Option 1 for the relocation of Poorhouse Road. These discussions have been very positive and the adjoining property owner has advised that the proposed alignment identified on the GDP is acceptable. The Applicants will continue to work with the adjoining property owner to reach an agreement prior to the phase in which this relocation is required; however, Option 2 will be executed if an agreement is not reached. In either event, the Applicant has the ability to relocate io Project 4928S/EAW Poorhouse Read prior to the location in which the current geometric alignment is problematic. Proffer Statement Item 1 — Proffer Section E(2) provides the $1,000,000.00 monetary contribution for the new fire and rescue facility serving the Round Hill Community to Frederick County. Item 2 — The commercial aspect of this project will provide a significant amount of revenue to Frederick County that will more than accommodate impacts to County services. The CCRC impact to fire and rescue services is more than satisfied by the $1,000,000.00 monetary contribution for the new fire and rescue facility, of which the monetary contribution will be provided well in advance of the CCRC impact being developed. The CCRC population is fairly elderly with the average entry age of residents in their late 60s and early 70s. The CCRC is planned to be developed with a wellness center and other on-site amenities that cater to the needs of the residents; therefore, the impact of the CCRC to general County services is not an apple -to -apple comparison with a 55 and older age -restricted community. The monetary proffers provided by this project are more than satisfactory to mitigate the fiscal impacts to County services that will be required by this project. Other Item 1 — Environmental feature areas have been considered with this development proposal. The passive open space area will protect the majority of the floodplain and wetland area, and the proffer statement commits to requesting a woodlands preservation area to implement buffer requirements during the Master Development Plan process. The CCRC is being designed to preserve woodland areas to reduce site development costs associated with grading activities. The main campus area of the CCRC is designed as a compact development that needs to be fairly level to accommodate the older population; however, the site plan design will attempt to preserve features to the extend possible. Item 2 — There is no evidence that the former large brick residence is historic and aerial photography evidence indicates that this structure has been dilapidated since 1950. The remains of this house, as well as the existing rental residences and former radio station facility are planned for removal during the development of this project to accommodate the construction of internal road systems and commercial and office land bays. The Applicants do not desire to spend money to have an architectural historian catalog this former residence, but would be willing to give the County permission to do so if another funding source for this work was available. Item 3 - The majority of the active orchards in proximity to this site are owned and operated by Fruit Hill Orchard who operates an existing wastewater pond immediately north of the subject properties. The development of the proposed Continuing Care Project 4928S/EAW I j Retirement Community (CCRC) will occur near this wastewater facility; therefore, development plans will include the preservation of perimeter mature woodlands and established grading limits to ensure that there is no impact to this facility as a result of the development of this site. I hope that this comprehensive comment response letter for all review agency comments is beneficial in explaining the information that has been incorporated into this project, as well as the reasons for exclusion of some of these matters. It should be apparent that the Applicants have made a significant effort in incorporating the majority of these suggestions into the development information and development program that will provide for a superior project for Frederick County and the Round Hill Community. Please do not hesitate to contact me if you have any questions regarding this information, or if I may provide you with any additional infornation at this time. Sincerely, 4 Evanyatt, AIC Greenway Engineering Cc: Silver Lake, LLC James Vickers, Oakcrest 'Companies Kristina Hughes, National Lutheran Home Review Agencies Project 49285/EAW 12 COUNTY" of...FR. EDERIClK Department of Planning and Development 54t)X 665-6$1 FAX : 54t)/ 665-6395 TO: Evan Wyatt, AICP FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Comments — Silver Lake. DATE: February 18, 2009 The following comments are: offered regarding the Silver Lake Conditional Rezoning Application. This is a request. to rezone 370 acres from RA to -132 (238.96 acres) and MS (131.06 acres) with Proffers. The 'review is generally based upon the latest proffer statement dated January 27, 2009 and the originally .submitted Impact:Analysis, including a TIA dated November 25, 2008. Please consider the comments as you continue .your work preparing the application for submission to Frederick County. On February 17.; 2009, an updated version of the Proffer Statement with a. revision date of February 1(% 2009 was received that sought to further address the various commentsand discussions previously received from the -reviewing entities. It is recognized that this latest revision continues to address those comments provided in a positive manner. This review letter does notaddress those previous comments, only those items that warrant further consideration and incorporation into the rezoning application as currently presented. Prior to formal submission. to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, °a letter describing how each of the 'agencies and their comments have been addressed should be included as part of the submission. General 1. Please provide a -Plat of rezoning including: a metes and bounds description of the property. The acreage of the B2 and MS areas should be added within the title block- of the proffer statement. 2. Please ensure that all the necessary application. materials are submitted with application including the current parcel- plat and deed information and tax information. 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Silver Lake Rezoning Comments February 18, 2009 Page 2 3. The submission fee for this application would total $36,000.00, based upon acreage of 370 acres, plus the appropriate amount for public hearing signs. I would suggest that several public hearing signs are obtained for this application given the size and. location of the property. Land Use The 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the fiuture development of the property. The property is located within the SWSA. The proposed land rises are supported by the Comprehensive Plan. 1. The Round. Hill Land Use Plan recommends that as land isdeveloped over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Please confirm that the proposed infrastructure is sized sufficiently to meet the needs of the Round..H.ill .Land Use Plan and that the infrastructure will be ultimately accessible to other properties within the area. This may also be achieved within the proffer statement. 2. The Round Hill Land Use Plan encourages a variety of design principles for the Route 50 cor=ridor (see Design Principles for the Round Hill Route 5D Corridor). These design elements should be recognized as being applicable to the B2 commO—cial property along Route 50 and several could be further addressed in the proffer statement. These include: Crosswalks at signalized intersections, with. signals for pedestrians. a Int.erparcel connectors: « Commercial entrance spacing — Commercial entrances are strongly discouraged on Route 50. • Placement of buildings close to Route 50 with landscaped parking lots in the rear. • North side of Route 50; 50 foot landscaped strip,. within the landscaped strip a'ten foot asphalt bike trail; ornamental shrubs and. street trees along Route 50. Recently, several rezoning applications have addressed the above. in some form. The WWW and Botanical Square rezoning requests may provide some additional guidance and consistency in how this corridor has been pte:'iously addressed..I would be able to provide you with the proffers from these rezoning if you would. like. Silver Lake Rezoning Comments February 18, 2009 Page 3 3.. The Round Hill Land Use Plan identifies this .area for a large campus style development. The campus style develop should provide for bo>-ev - d street designs, street tree designs, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. To that end, street trees along the major thoroughfares within the project should be a consideration, the ten foot multiuse trail should be extended along the length of Spinning Wheel Lane, and the U4D typical section should be extended along the length of Spinning Wheel Lane with the use of a landscaped .median. The Round Hill Land Use. Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. It would be preferable to provide the centre two lanes and median with the initial phase of construction of the section of Spinning Wheel Lane that is not initially constructed as a U413 section. Alternately, the two lanes adjacent to the MS zoned land bay could be completed initially, with the additional two lanes adjacent to the B2 land bay, and south of a landscaped median, constructed in later phases. The application should also provided for the extension of the 1'0' asphalt trail located within the linear area of open space into the internal system of the area of MS to provide for access. by the future residents and employees of the CCRC. 4. The Round Hill Land Use Plan recommends that a new :park be included with the development of this area. Such a park should be a passive recreational facility with trails, benches, and outdoor eating areas. It is recommended that an area larger than that cuneiltly shown on the GDP is provided ill order to be consistent with the area shown in the Round Hill. Land Use Plan. The area shown M* the Round Hill Plan is generally consistent with the area of environmental features that runs through the central portion of the property. It is important to protect the areas of environmental features identified in the it Zpact analysis and provide for a greater area for the park.. The GDP be modified accordingly. The area immediately noi-t11 east of the intersection of Spinning Wheel Lane and Silver Lake Road extended that contains the existing pond and associated wetlands should also be incorporated into this park area or alternately incorporated into preserved areas of open space within the CCRC and future B2. Transportation These transportation comments should be considered in addition to any final comments that will be forthcoming from John Bishop, County Transportation. In many cases they simply reiterate those conullents provided by Mr. Bishop. 1. I.t is recommended that the trail improvements are provided during the initial phase of development rather than on an individual parcel basis. Ivey sections of the trail network should be completed for the benefit of the initial occupants of the project, the proffered CCRC. Silver Lake 11'ezoning Comments February 18. 2009 Page 4 2. Interparcel connectivity should be provided on each commercial lot within the B2 section as development occurs. Such a commitment should be incorporated into the proffer statement, potentially Section C. 3. The east west collector road (Spinning Wheel Lane) is comprehensively planned as a T14D. Improvements should reflect this designation throughout this project. 4. A median or pedestrian refuge should be provided with the Silver Lake Road improvements at a minimum at its intersection with Route 50 to assist with the crossing of Silver Lake Road. 5. The TIA projects the build out of this project within 4 phases. However, there is no "limitation on development beyond the 4tb phase. This potentially may allow a significantly larger amount of development than has been evaluated in the TIA. This comment is also applicable to other components of the rezoning where the potential would exist for a greateramount of development than has actually been. modeled. The Applicant may want to consider an approach that lilaees a limitation on the ultimate development of the site consistent with the limitations of the transportation, network and water and sewer infrastructure modeled in the impact analysis. Please note that the TIA identifies and models a lower number of units for the CCRC than would be permitted by the proffered CCRC density limits. 6. Many of the transportation infiasti ucture improvements identified in . the `initial phase should be in place to serve the initial development of the site which is anticipated to be the CCRC_ Please clarify that. the initial .access to the CCRC will use Spinning Wheel Lane via the Spinning Wheel Lane improvements identified in the Phase I program. A commitment to a maximum of two entrances onto Spinning Wheel Lane for the development within the MS portion of the property may also be appropriate. 7. It is recognized thata significant amount of transportation infrastructure is being addressed with this application.. However, it should be noted that the TIA Concludes that several locations would function at a level -of service D or better, and .level of service F at the Route 50 intersection with. Route 37 northbound; This occurs during the later phases of this project and is with the improvements in place. The Compehensitive.Plan seeks to achieve a level of service C or better on impacted roads and intersections. 8. Of the two alternatives for the potential realignment of Poorhouse Road, Option I would be the most preferable. Consideration of how such an improvement could be -implemented is warranted. Silver Lake -Rezoning Comments February 18, 2009 Page 5 Proffer Statement This application's significant effort to address the fire and rescue community facility impacts -is duly recognized and appreciated. It is the County's policy when accepting monetary contributions to address fire and rescue. impacts that the language of the proffer should mead "monetary contribution to Frederick County for fire and rescue purposes". 2. The development of this site will have an impact on community facilities and services.. However, it is recognized that commercial uses generally provide a positive impacton community facilities through the additional generation of tax revenue. Ultimately, the commercial component of this project will generate tax revenue for the County. As this application does not. provide any commitment as -to the thning or phasizrg of`the commercial land uses. Therefore, the County has typically sought to address such an approach and the impacts of any residential land uses consistent with the impacts Development Impact Model (DIM). Due to the aged .nature of the proffered CCRC residential use, :th.eschool component of the DIM should not be a consideration. However, the impacts to the other components of the DI;M should be addressed in some manner. The recreational and: leisure requirements that may be required by ordinance or may be provided with the development of the CCRC would .not typically negate the need to address. the impacts identified by the DIM. Other This property contains a significant amount of Green. Infrastructure features including; 30.67 acres of floodplain; identified ureas of wetlands, small areas of steep slopes, rock outcroppings, and areas of mature woodlands. Such features could and should be incorporated into project to a greater. extent than is presently provided, at a minimum toaddress the area identified in the Round Hill Land Use Plan. It is recommended that a commitment is made to preserving areas containing such features, particularly in those locations that are outside of any areas of anticipated land disturbance and in areas that exceed the required distance buffer locations. The proffer statement commits to preserving mature woodlands in areas where buffers are required during the MDP approval process. However, in other areas. it is preferable to incorporate such features as simply as possible into design of GDP where appropriate. This would appear to be achievable in the area of proposed. MS zoning where several of the significant rock outcroppings and larger areas off mature woodlands around the properties perimeter are located. 2. The property contains the ruins of a house that would appear to be historic in nature. VRlh le this structure is not contained within the Rural Landmarks Survey, it is recommended that the historic House is addressed in some manner by this application and certainly prior to airy development or land disturbance on the :site. Silver Lake Rezoning Comments February 18, 2009 Page 6 As in other similar situations, a survey may be warranted in an effort to catalog resource. The house is located in the vicinity of the this potentially historic extension of Silver Lake Road and is shown on older aerial photographs of the property. 3. Please recognize that the adjoining property to the north. contains the National Fruit lagoon and waste Mater treatment facility. Appropriate measures should be taken to ensure that this facility would not Impact or be impacted by the development of this project. MTRlbad COUNTY of FRl'JDERIC' Department of Planning and Development. 540/665-54651 IMAX- 540/665-6395 February 18, 2009 Mr. Evan Wyatt, Planning Director Greenway Engineering 151 Windy Hill Lane Winchester, VA 22502 RE: Silver Lake Dear Mr. Wyatt: This letter is to give preliminary comment on the transportation proffers dated February 16, 2009 for the Silver Lake rezoning to aid you in completing- the rezoning application. l would like to thank you for the numerous opportunities we have had to meet on this proffer package and how responsive. you. and your client have been as issues have arisen. I have the following comments to offer on the proffer package as it relates to transportation: Ir. proffer 3 on page 3, the proffer indicates that the bicycle trail would be put in place with each individual site plan. Due to the long term nature of this development and anticipated subdivision of the parcels,. it would be preferable if another method for inIcnientation of this improvement -was used.. One option may be to tie the IP implementation of the trails to related phases of the main transportation package. Additionally, it would be preferable if, when planning the trail, the trail was routed around properties not controlled by the applicant in order to. put a complete system in place, as opposed to segments «+i.th numerous dead ends along Route 50. 2. Proffer 2-a on page 4 is as follows: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180.000 square feet of commercial .land use within Phase 1. However, the Applicant cru, rlevirrte fi-oin this land use aa1i.Y assuming the total trip generation for site plans within this phrase of the transportation program (based on the ITE 7t* Edition Trip Generation Report) do not exceed the total trip generation .specifier) in the November 25, 2008 Yr!Iffic-/itipac-t Analt?sis Repori fl r.Plaase I.:It is recognized that the. Applicant shall complete all Phase 1 transportation improvements prior to the approval of any Site Plan that exeeeds 180,000 square feet of commercial land use or equivalenttrip generation as noted above on the B2 portion of the Property. 1.07 north Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Evan Wyatt RE. Silver Lake February 1$, 2009 Page 2 I would reco°mmnend the additions I have notated by underlining. This cominent also applies to similar language used in all phases. 3. Proffer 2-f on page 5 calls for a four -lane divided Spinning Wheel Lane from Route 50 to the intersection with Silver Lake Drive and a two-lane section from Silver Lake Drive to the property line. Please note that, at a minimum, a median section will be needed at the beginning of the two-lane segment to allow for transition. I would further note that the Round Hill 'Land Use Plan calls for this roadway to be a four -lane divided section with landscaped median .and bicycle and pedestrian. facilities along its entire length. 4. As this property and its. transportation improvements develop, it will be important that proper pedestrian/bicycle crossings are incorporated and that site developments tie their individual pedestrian and bicycle acconunodat.ions into the surrounding network. 5. Proffer 2-h on. page 6. 1. offer the same comment regarding trip generation as is noted, in comment # 2 in this letter. Since each transportation proffer phase begins with language that allows a certain square 'footage or equivalent trip generation, this language needs to be applied to all subsequent. bullets that include the square footage triggers in their language. 6. All points within the proffers that refer to the construction of an improvement should also refer to the design of the improvement for full clarity. 7. Proffer 5-a should note that, in addition to doing the TIA studying the impacts of additional development, the applicant will implement improvements called for in said TIA. Thank you for the opportunity to comment on these proffers. Please call me at (540) 665-5651 if you have any questions. or to discuss this proposed project. Sincerely, F. :John A. Bishop, SQ1CP Deputy Director -Tian orKation JAB/bad COUNTY ®f FREDERICK Roderick B. Williams ® County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rw11lia@co.frederick.va.us February 13, 2009 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL TTr. Evan Wyatt, r Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application — Silver Lake Revised Proffer Statement dated January 27, 2009 Dear Evan: I have reviewed the above -referenced proposed Proffer Statement dated January 27, 2009. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: 1. Proffer Al — The GDP, or some other document, is going to need to show the precise boundaries of the requested zoning classifications, either through use of current lot lines or surveyed divisions of current lots, or by some combination of the two. The Application and the Proffer Statement both indicate rather specific acreages requested to be rezoned to the B2 and MS Districts (238.96± acres and 131.06 acres, respectively) and these specific numbers need to be translated over to some geographic format that establishes the requisite dellniteriess to a'v'oid que-st!'ons later aboutwhether a particular activity is allowed at a particular location. See Va. Code § 15.2-2285(A). 2. Proffer BI —The proffer might clarify by stating that uses in the proposed MS District area other than a CCRC will be excluded. 3. Proffers C2 and C3 — Proffer C2 states, "right -in or right -out only access to the B2 District land uses shall be permitted", yet C3 states, "Parking lots and access drives shall be prohibited within the 50 -foot green strip [along Northwestern Pike]". Seeing as how the proposed rezoning would result in B2 District zoning abutting Northwestern Pike, Proffer C2 might better read, to eliininate any contradiction, by indicating that right -in or right -out shall be permitted except through the 50 -foot green strip along Northwestern Pike. 107 North Kent Street a Winchester, Virginia 22601 Mr. Evan Wyatt, AICP February 13, 2009 Page 2 4. Proffer C3 — The wording in the last sentence regarding the timing of the installation of street trees and trails — "during the development of the first building permit ould be revised. A reference point such as issuance of for that parcel" — is unclear and sh the first building or occupancy permit might be more appropriate. 5. Proffer C4 — The proffer might read more clearly if it indicated at what stage of the build out of the commercial development permitted under the Phase 1 Transportation Program the Applicant will complete the trail system. 6. Proffer DI —The TIA was not included in the package of materials submitted to me. This is not a requirement, but I may offer comments at a later date regarding any inconsistencies between improvements assumed in the TIA and improvements actually required by the proffers. 7. Proffer D2 — Staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than 180,000 square feet of commercial land use to completion of any of the Phase 1 Transportation Program. Also, some parts of Proffer D2 may conflict with the requirement for the completion of the Phase 1 Transportation Program. For example, items e and f are both contingent on issuance of occupancy permits for land utilizing Spinning Wheel Lane for access to Northwestern Pike. It is possible that no such permits will be sought in conjunction with the first 180,000 square feet of commercial land use. 8. Proffer D2b — The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer 132a. 9. Proffer D2d — Staff will need to determine if the provision for the preemption of the signalization agreement is acceptable. 10. Proffer D2e — The GDP shows an eastbound left turn lane and a westbound left turn lane on Northwestern Pike at Spinning Wheel Lane, but the proffer refers to a singular left turn lane. This apparent conflict should be resolved. 11. Proffer D2f — Staff will need to determine if the triggers for the dedication and construction are acceptable. 12. Proffer D2i — In the second sentence, "this section" might better read as "that section". Finally, staff will need to determine if the timing of the monetary contribution is consistent with the general timing of the obligations in the whole of Proffer D2. 13. Proffer D3a— The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include "office" might be in order. Also, as with Proffer D2, staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial/office land use to completion of any of the Phase 2 Transportation Program. As well, some parts of Proffer D3 may conflict with the requirement for the completion of the Phase 2 Transportation Program. For example, item c is contingent on issuance of an occupancy permit for land utilizing Silver Lake Mr. Evan Wyatt, AICP February 13, 2009 Page 3 Road for access to Northwestern Pike. It is possible that no such permits will be sought in conjunction with the square footages of commercial/office land use in Phase 2- 14. Proffer D3b — The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D3a. 15. Proffer D3c — Staff will need to determine if the provision for the preemption of the signalization agreement is acceptable. 16. Proffer D3d — Staff should be aware that the Applicant has deleted the requirement for left and right turn lanes on Silver Lake Road at internal collector street intersections. Also, the GDP shows an eastbound left turn lane and a Avestbound left turn lane on Nortliv.,estern Pike at Silver Lake Road, but the proffer refers to a singular left turn lane. This apparent conflict should be resolved. Finally, staff will need to determine if the trigger for the construction of Silver Lake Road is acceptable. 17. Proffer D3e — Staff will need to determine if the trigger for the construction of Spinning Wheel Lane is acceptable. 18. Proffer D3i — In the fifth line, it appears that "improvements" should be plural and, in the seventh line, it appears that "this section" should be "those sections". Also, staff will need to determine if the timing of the monetary contribution is consistent with the general timing of the obligations in the whole of Proffer D2. Finally, the timing of the obligation in the second paragraph should be set out. 19. Proffer D4a — The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include "office" might be in order. Also, as with Proffers D2 and D3, staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial/office land use to completion of any of the Phase 3 Transportation Program. 20. Proffer D4b — The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D4a. 21. Proffer D4c — The proffer refers to a second right turn lane at the intersection of Spinning Wheel Lane and Northwestern Pike, but the GDP does not indicate the right turn lane and the proffer does not indicate whether the right turn lane would be on Spinning Wheel Lane or Northwestern Pike. 22. Proffer D4d — Staff should be aware that the Applicant has deleted the requirement for left and right turn lanes on Silver Lake Road at internal collector street intersections. Also, regarding the second option, staff should be aware that the proffer states that the Applicant "shall provide" the indicated road connection, but does not state that the Applicant "shall construct" it. 23. Proffer D5a — The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include Mr. Evan Wyatt, AICP February 13, 2009 Page 4 "office" might be in order. Also, as with Proffers D2, D3, and D4, staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial/office land use to completion of any of the Phase 4 Transportation Program. 24. Proffer D5b — The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D5a. 25. Proffer D5c — The proffer refers to a second left turn lane at the intersection of Silver Lake Road and Northwestern Pike, but the GDP does not indicate the left turn lane and the proffer does not indicate whether the left turn lane would be on Silver Lake Road or Northwestern Pike. 26. Proffer D6 — In the third line, "Land" should be "Lane". 27. Proffer E1 — Staff should be aware that the proffer, in the last sentence, contains a reversion provision. 28. Proffer E2 — Staff should be aware that, in the event the County desires to begin construction of the fire and rescue station sooner than within five years of the rezoning, the monetary contribution is not payable until the end of the five year period. 29. As a general comment for staff, I would note that, with respect to the proposed B2 District area, which is comprised of 238.96± acres, the applicant does not propose any limits on the overall square footage of development nor does the applicant propose the exclusion of any particular B2 uses. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincere yours R ode, ick B. illiams County Attorney cc: Mr. Michael T. Ruddy, AICP, Deputy Director, Frederick County Planning and Development P.O. Box 1368 Winchester, Virginia 540-667-6855 Evan Wyatt Greenway Engineering 151 Windy Dill Lane Winchester, Virginia 22602 Chester T. Lauck 3661 North Frederick Pike Winchester, Virginia 22603 Dear Mr. Wyatt, December 10, 2008 I have reviewed the proffer statement from Silver Lake, LLC for the properties of the Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community. I would like to go on record by stating that the proffer, while very generous, may or may not meet the needs of the Round Hill Community Fire and Rescue Company as written. The company may wish to pass on the offer of the parcel of land offered due to the added expense in relocating our entire operation from its present site. The company presently owns 7+ acres at their present site, which we feel would be adequate room for building a new fire and rescue facility while allowing us time to complete the building in its entirety. Due to the proposed expense of the new facility, we have considered building in stages, which would allow us the flexibility to utilize the existing facility for fund raising until funds are available for completing the new facility. Our fund raising currently provides us in excess of $100,000 annually and is very important to the operation of the department and one that we can not do without or facility in which to do it in. There is language in the proffer statement that we would like to make comment to which I have added in the following: a. Control of the proposed signaling at the intersection of Northwestern Pike and Silver Lake Road by means of the Opticon System along with all associated equipment installation and maintenance cost be bourn by the developer and/or Virginia Department of Transportation (VDOT). b. That as proposed, the traffic control signal being installed at Poor House Rd. and Northwestern Pike not be removed after the relocation of Poor house Rd. to allow us quicker and safer access to Northwestern Pike and points north and west. Proudly Serving the Community since 1953 c. Should the company opt to accept the proposed land for new fire station, it is deeded to the Round Hill Community Fire and Rescue Company, whether done through Frederick County or the Fire Company and its agents and a Memorandum of Understanding (MOU) for it use only as a ;~ire Station and any ancillary structures. d. If the Round Hill Community Fire and Rescue Company decide to accept the land offer, we shall make all attempts, within reason and cost restraints to meet the covenants for the CCRC or the MS District portion of the development and would work with the developer to make the station design meet the intent of the development. e. All monetary contributions made to the County of Frederick, are earmarked for the Round Hill Community Fire and Rescue Company and made available when construction of the new fire station starts, regardless of location. f. The developer shall provide sewer and water to the proposed land proffer prior to completion of a new fire station. All roadways access Northwestern Pike be made completely accessible prior to starting any construction on a new fire and rescue facility. g. The deve Lpc assist or coy. plete all site preparation to sub grade requirements for a new fire and rescue facility due to hidden and unforeseeable cost associated which the company may not be able to bear the burden of cost. Evan, I look forward to working with yourself and Silver Lake Properties on this project and hope that we can find a means to make this work for all of the community. Thanks <<<original signed>>> Chester Lauck Fire Chief Proudly Serving the Community since 1953 0 0 250 500 1,000 Feet 0 0 1 t Silver bake ReZoning # 01-09 PIN: 52 -A -C, 52-A-50, 52 -A -50A, 52-A-52, 52-A-63 Future Rt37 Bypass Zoning ® RE70109_SilverLake BI (Business, Neighborhood District) Buildings B2 (Business, General Distrist) t Urban Development Area 41M B3 (Business, Industrial Transition District) SWSA 4W EM (Eatracti. Manufacturing District) lzq,,;' HE (High,, Education District) ri3-,- MI (Industrial, Light District) M2 (Industrial, General District) 4m Mill (Mobile Rome Community District) MS (Medical Support District) R4 (Residential Planned Community District) ILS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Greenway Engineering November 25,2008-1 Revised January 6,2009; 'Revised January 27, 2009; Revised February 16,2009; Revised February 19,-2009; Revised Mar0h 2, 2009 SILV ER Ill-lKE, LLC PROFFER S 1 A`I'EME-1- 1 REZONING: RZ # Rum! Areas DiJllli -(IRA) to BSusil`1ess i enera.i District(82) and MS Medical Support District (MS) PROPERTY: 370.02± acres: Tax Parcels #52 -({A)) -C, 52 (A4))'-5 0 , 52-t(A))-50A, 52-((A))-52, and Fl�ll-�� (Ithe e-ln atter t[2e ".Propel ry ) RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge - A National Lutheran Dome Community ORIGINAL DATE kJl t11V1' 1:11.0. REVISION DATE: Preliminary Matters vvvcmvcl �.�, o March 2, 2009 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional Wiiiiia� the undersia ed Applicant Hereby proffers t'riat in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 370.02± -acres from the Rural Areas (RAS District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52 -((A)) -C, 52 -((A)) -50A, 52- ((A))-52, 52,((A))-63) and 131 -06± --acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50), development of the subject property shall be done in rrinforniity with the terms and conditions set forth herein; except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance_ In the event that such rezoning is not granted, then these proffers shall be dPpnfd withdrawn and have no effect whatsoever. These proff� .rs shall by binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52 -((A)) -C, 52-((A))-50, 52 -((A)) -50A, 52-((A))-52, 52-((A))-63, and further dese-ribed by Property Deeds including Instrument Number 090061536, Deers Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer -to Rezoning Application Deed information). File 44928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27,2009; Revised February 16,2009; Revised February 19, 2009; Revised March 2, 2009 -PROFS '�'R STATEMENT A Generaliized be eloplilelib --Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue StAion area, the general location of the proposed future passive open space area, the general location of the 50 -foot green strip enhancement area, the general location of the 10 -foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 2, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need Cif new conditional rezoning approval bj% the J. -re decrick County 'oar' of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B MS, Medical Support District Area The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Sup IL liiStrict, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the (,O -R- eight tial d� ..��C �O c1�-,int iu'11ts per acre. Tlit? iT'�a^diriiulYi residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buf� r areas are required and mixture ;voedlai�ds are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and turffier proffers File 949285/Silver Lake LLC Rezoning Greenway Engineering November 25,2008-1 Revised January 6,2009; 3 Revised January 27, 2009; Revised February 16, 3009; Revised February 19, 2009; Revised March 2, 2009 to provide a maximum of two commercial entrances on Spinning Wheel Lane to provide access to the CCRC. C. B2, BusinessGeneral District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops coif Driving Rariges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike .sliall hG pellhILLCU if approved by v T --A or F redealek CGUlity. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50 -foot green strip, unless access drives are peri fitted as described in Section C(2) aD0VG. The G111rG Prope y frontage of the 50 -foot green strip shall be enhanced with street trees that are a minimum of 2 -inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The iiiStaiiaivu of uie Street irGCS, Oriiameutal Slli'LibS, and bicycic and pedeStriaji facility located within the 50 -foot green strip shall be required as specified in Section C(6) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of NVI 1 L r v >1 >7 t + f+ Spiillnng .. Alec ane and Silver Lane road throughout the 1i1h1Ls ol the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. K. I11, Applicant her-,'- proffers tip es" .11 a iiijear passive open space area in tl?e general location identified on the proffered CIDP, which will be enhanced with a 10 -foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(46),of the proffer statement. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25,2008: Revised January 6,2009; 4 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 U. 1 he Applicant hereby proffers to prGVide 1G1 1111G1-�)arCel �Glll�7el%W1J UGLWGGll all adjoining commercial and office land uses. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all reqs tared buffer and screening areas adjacent to land primarily used for residerltiall purposes irl the Phi DIstri t ir} which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. art..: t : kl : c .t t E ac . a -__t i t +ua 111rJ 1G1iA.riorl of his �aclliL is ideritifie-I on. rhe proucled GDP and will be 1G�.arcu outside of public right-of-way limits. This facility will be developed as follows: The 10 -foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the a: Fat : a r a }: T(2)() itti construction of this road segluent as specifleu in ucvllvri L 1 G ithe proffer statement. The 10 -foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10 -foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. r>, n >, t+ r..:l t,. cat , the +'her boundary � �t, , 111E i V-1VGt asphalt 61a1 1Vt,+CLIEd alVllg L11E JGU111G111 of L11G Property identified as Area 1 on the GDP snail be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. The 10 -foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior tG the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. The 10 -foot asphalt trail located along the southern boundary of the +he r-Dn h Property lderltiried as Area 3 on llll v 1 S all be deveivped prier -o ule issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. a. 111V Applicant Applicant hereby proffers to establish an Architectural Review Board (ARB) 7 for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25; 2008; Revised January 6; 2009; 5 Revised January 27, 2009; Revised February 16, 3009; Revised February 19, 2009; Revised March 2, 2009 District, or prior to the approval of any site development plan within the B2 ri��--- �---_� a� L 1 1__,.7 L__a i. i_ 1.Y.._ A a._ 1liJillcl. Tile restrictive cuvcnaii� (ioGi;uileu�a small include, vur noir ve luiuteu LU, the following design elements: Building materials for all exterior-,valls and rooflines. 9 Materials for all monument freestanding business signs. The materials for liiG ua3e of all imoi:iuimerii uccSi.aud'u`ig uuSii:icSS Sig"iiS Snail be cunSiSicut throughout the B2 District. A Screening of all loading areas from adjoining properties external to the B2 District. > Screening of outdoor duinpster pad areas with building materials consistent with the primary Suture. Common area maintenance agreements. l -e. IF, anspo La ion dr.l t lancemerLA3 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network LV a.ccoUnt for background. nd.eveloped projects and u1G Appiil+aril�s Proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program iS identlh'_hed in illustrative 41- orh t.Le proffGlGd GDP, It is recognized thla.t th1Fi phased transportation improvements proffered herein will be constructed as described in this section, however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of th @i rOglorial uarISP tatiVrl ne-h ork improvements identified in illustrative Vain on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. Tile Applicant hereby proffers the hVllovv°ing Phase i Trausportaiion Progiail: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase I. However, the Applicant can deviate from this land use mix assuming the total trip generation f6l site plans within this phase of th transportation program (based on the ITB 7a' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of File ##49285/Silver Lake LLC Rezoning Greenway Engineering November 25; 2008; Revised January 6, 2009; 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 any Site Plan that exceeds i ${3,000 square feet of commercial land use or 1 4..:r ti s to L 4L.. IV.L ..6: .( the egliivaleru u1� geirerauun as rrur.cu Above Gni rllc nom. pvruun Gl uta Property. b. The Aonlicant shah dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. TL.. 1'.. i it 1 -i -,....,.p1 t 1 11 •i-... lS County. clic Applicant Wiui a -Le. rYr rG design air Gu -Birt uirprvvcurcirw within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off-site tranportation improvements. The Applicant agrees to assume all costs associated with right-ofacquisition it assiSrance fromv'Dvi and/or rrcucrrcn County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization - ,t .:a�^ ^^^�: f N^ :•h. n:k, (U.S.o t r01 d n^ u use at urc interacvuvu G ori JJCSreru rrrtc` �J.�nvu e ✓ ) auu Poor 11VUJe Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to annroval of the first Site Plan for the property, whichever occurs first. d. TI Appiicar`it Shall design and construct, Gr cause yr ffie cxe�iiivn of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of inial limn -appealable rezoning approval, or prior to approval Gf the first Site Plan for the property, whichever occurs first. Tlie Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These , cements -hail be coinpl d prier tG file i--uairce of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of irnprovements to Spinning Wheel Lane JVrtliin ttere Property iG pravide for a road section that is constructed to a 40 mph geometric design standard and provides right-of=way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by File 114928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 5, 2009; 7 Revised January 27, 2009; Revised February 16, 2009; Revised February 19,2009; Revised March 2, 2009 VDOT. Additionally, the Applicant shall design and construct, or cause .0 � al_ ,_ a' .0 L�- 1 li. _ 1 0 • AT rL 1 fol- ule cons ruction of Separate i-1ghL and le1L LUL—Irl larleJ 011 Opinrling wheel Lane at the intersection of Northwestern Pike. Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section. between, the ifi tune roun-dabout and the hurts of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements silaii be completed prior to the issuance of he first occupancy pe11111t for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. F•,Jrtliermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted baseu Or, luLLuv Iral C coiiilts as described m Sediorl 113(6). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VD0T shall d..},.,.�...:r }i_ l LIV_L. �LC`i111.1111G Lll"G rC�.g1A11em�in Lj 1Vr 111:JU111VCtL1V11, Vr E1j111L'.ICEL1Vn and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(? -)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 iittcr%,jiaiige improvements dejcr'Lbl,d ill LUID JGctiVn pllor uv Llie appro Val of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. i. lit the event }u at :'DOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This rnoileta y contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase i transportation improvements. The Applicant agrees to provide this File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25.,2008- Revised January 6,2009; 8 Revised January 27, 2009; Revised February 16, 2009; Revised February 19,2009; Revised March 2, 2009 monetary contribution to Frederick County within. 30 days of written request vy 1lle .OUrlt-y, and iiutuer agrees O allow 1V1 tins it, 11--LWY contribution to be utilized as matchingfunds by Frederick County for qualifying transportation improvements programs or grants. J. The Appllliaul110reby prGc rJ iile -19 Pllase 2 1rUllsportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1— Phase 2. riVvJev er, L he Applicant can deviate from this land use lllix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 1"' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that t1l Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off-site improvements within public right-of-way; however, if necessary it is recognized that nrr dolor C-ou ty •i1 •„+ It'., n. l;, t tli right-of- way airwvl ilcucuCn �vLui�y wTu as�icc 1,llc c�yplicai'1 wi ri way necessary to implement proffered off-site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided. in Section E(1) of the prGiler statement. The Appiiccuit shall resei Ji file right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25; 2008; Revised January 6; 2009; 9 Revised January 27, 2009; Revised February 16, 2009; Revised February 19,2009; Revised March 2, 2009 d. The Applicant shall design and construct, or cause for the construction of ililprovcrllerlLa Lu 1311Vc1 J QUKC 1\VQU Lu UK;]UUe a LWO-hole ulvan roUu section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as L_. ATT% 'T` A .1.1:1:.... �, 11 - +1_- A- -1:.. t 11 .7.. A rci�Llircd vy v 1JO 1 . t1UU1L1V11r ly, Luc; 11pplll aill shall uGJlgll and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan th ai exceeds 350,000 Square lcct of commercial land use and iv5,VVV square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road 111Ler JGULI 1111prVVe111G11Ls or, NVl lLhwcStliT P;ke. AUdiLiVllQlly, Ule Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on fixture traffic + 1. 7 c +:.. nr6 count QJ G.��.k�11VGll I11 �JCil. L.1 -t LJIV). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and pro" 1Vr loft Rlull 10.1v1GJ 0.iTid light t-Lall 10.iiGJ LLL 0.11 ia'ItGrnQl Voll--VLVr street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000V square logit Vf collllllercial lalld use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning v�" iie� l Lada aild lu' her agrees to kWaIr"il UHU COnst"i Uct, Or cause ivr the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f The Applicant shall design andconstruct, or cause for the construction of 111V%A ficallonj tV, or the e11111111yt1Cn of the llledlail crossings on Northwestern Pike identified as Median Crossing B and'Median Crossing C on the proffered CIDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25,2008-1 Revised January 6,2009; 10 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 complete these improvements in conjunction with construction activities + i ii_ c�:i_ i i_ fs�� i 1_� �L� ; l,i�sr l� r 1L associGllcU W1L11 Silver Lake Road as desellued ill Oec'llon lJt��`U� VI ule proffer statement. g. The Applicant shall design and construct or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with NT Pike to provide -r a second right aria. The Applicant shall complete the Route 37 interchange improvements described iu this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer State1i12i1t on lite B2 poi on of the Prvpe y. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the +.. ''J'7 1.,.. A t...,.1.... A ......1: � 1_„il let 1. D + -Y I Rouw _71 u11uge J11lAl Ufre. The r��1111cant dial colilp e tele l�tiiire i interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of llle J: 1V1Je1�' i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North >; a , D'1 +- .1...- -. ' -1 ' d the A licant agives to provide a 1-reU.Gricl\ A Ark inl rcha ge is lresIre , pp monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County 1. +lIV 1 uila +l and + ie Applicant that will be prepared on or Ve1Vle 1110 V ..Ii out of 111 Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements prograrus or grants. in the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to pry^vide a monetary contribution equivaieili t:, the cuilvul'1t associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25,2008; Revised January 6,2009-1 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square Let of commercial land use and 350,000 square feet of J1:.. 7.....7 'iL:-. T)t....... 7 i-t..i t..:.:__., l.,i_l rT)t.._- 1 TTI- office hu d use wTLulu Phage � LuaL 1J a Cumulative LVLat Vl X'ha�c 1 — ruase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7'h Edition Trip Generation Report) do not exceed the total trip generation specified in the November ''Tr 'LYV O T...,.II 1 h...,.1_ I' ..J. r Py 'i T ,7 that GJ, GVVO 110.1i1�i InipaUL ti11tL1I iWFOIL 1V1 1'11CI.sG" J. It is lel.Vg+iliGeLL Ulal the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350.000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Prope y: b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off-site improvements within pubuC light-Vl way, 11VVC'GVel, it 11GCG33aiy it IS rCCVgiliZed ulat VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off-site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These uilprv`v'ciiiciliS shah be Cvmpieiird pitor iv rile apprvVai Vf any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The AppllCaut shall design and Con'str'uct, or Cause for the Cons 1L UCALiODL of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poly house Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2,008; Revised Januwy fi, 2009; 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 or cause for the construction of the two-lane urban road connection bciwecn Spillrmig vileei Lane and Poor house Road on the Pro—pey. The general location of the two-lane _road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the - A �._.�_ C'�.l_ DIS.... that .,-. ,...r Ann Ann T .. t ..,. _..._.. �_�_� approval of any Site Plan that exceeds `t7v,vvv square tbet Coil Coil-Ir"erc1' land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The ADDlicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of r 1 a .. I,'„ I C r a-1 1..+:., +� FDI 1 Dti 0111ce lan(I use wltllill Phasc `r that is a cumiialau vc w of Phase 1 — r i ase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November GJ, G l+t7r nono 11GOU uiac Trnpac+ AnaysiRep� , F Dhas.ItiJr�tV�VV 11Qili the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the PropV y. Ill the event. that the Applicant would desire to Uevelop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate tie 1111p I'S created soil by that project, which will be ifiipiolilonioU as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick Co1a'nty. The AppliCaii' velli attempt to design ail oti-Site uriiprvVilileiitS within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off-site transportation improvements. The Applicant agrees to assume all costs associated with right-o� way acquisition if assistanCe frvm VTDOT --A /_ Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January fi, 2009; 13 Revised January 27, 2009, Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 on Silver Lake Road at the intersection of Northwestern Pike. T-hese 1111pr'VVelllellt, shall Le L-1i111p1Gtedpi I to he approval of arty Site Plait that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office !_and use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the 132 portion of the Property. A. .111V r wl cant Shall design and construct, or cause ivr the conSh action 0 improvements to provide for a third westbound thru large on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation. construction, and right -of way dedication (if necessary) of the existing llgilt Lull lanes loll 1 : Vi C11weJLe111 Pike YLL the Spill-nug `W heel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the pro' cr SiStclilcut vil tli� D2 po-1 of the no - 1. y 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake AL tv 1I%ur-larte urban road section, as prvvidVd IVI in OectivilS D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begirt in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years ul which LhGrG 1S no dGvG1ViJ111Glit aC lvity on .file Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane and Poor House Road at the western u tutdary of the Propry. if warrants are met based on the annual tiaffic coiultS, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick Coun�y for the developmaellt of a new fire wid rescue station and support facilities serving the Round Mill community within five years from the date of final non -appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is locateq near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6,2009; 14 Revised Jainiary 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 with the final size of this site being determined upon approval of the Site Plan for Ulc ucvJ rite aiid rcSGue Stattion facility. the riYyilcalu wail prepare and provide Frederick County with the dedication plat for this site and necessary night -of -way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does .�.....,,..... n-je.� , __ _ r uvc� uvr wuuucilcc eGriS�iucrivu of a Flew ire and reS%iic StatiGu within Gnic year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for ftn ther economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the 4- r o 1 nn nnn nn -r-- +-t.- aeve 4 r fire a tutti aluounL Gr 4)IVV,vvv.vv lvl Luc ucvciGplTlcn: Gr a new rile and rc$%iie SiauGn serving the Round Hill community at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new lire acid resciic Station Sei wing rile Round iiiii iGliuiiuui y. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non -appealable rezoning approval to assist w'itii tliv uev21vp11f2iiit of the new flit and rescue Stauvn. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station serving the Round Hill community has not been approved within five years from the date of final non - appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary conulvuulon shall VG provided t1�1' 1 rGuEllck County within JV days oforo uatG 01 final Site Plan approval for the new fire and rescue station serving the Round Hill community. 3. The Applicant hereby proffers to design and construct, or cause for the con UV tLon of aill necessary road � 11pr01 v emenf S aL tll� 1-4VL 111YMSEV,111XT ' t rile intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements.+s.w t w facilitate the cGuStii.ictivil of the neve fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of all+ Site 1 an for Llle new lire and rescue station on Lilt+ f rope ty. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25,2008; Revised January 6; 2009; 15 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, iL ,. J"C _,.a a::- t....tt 1__ 1._ 11-- 1.,...a -1 aa::-:.,... 1,. iL .... +.. due proffia ed condition J11YU1 a�lply LV LL1v tan. 1ezoneu m U.LLu1LILPLI LV Vwca IV,--ntS set forth in the Frederick County Code. Respectfully Submitted: B - o Y• Date: 3/ Commonwealth of Virginia, 1 1 V Yl. � V IIL: The foregoing instrument was acknowledged before me this day of 20 q by 0; U NUary Public 1Vlya r. Expires r+VD o20 /D V111rli1JJl1111 CINDY GROVE NOTARY PUBLIC Commonwealth of Virginia 1_ Reg. #184054 File #49285/Silver Lake LLC Rezoning NOTE: 50' GREEN STRIP ENHANCEMENTS a THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH LENGENDZ THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. — — — — — — — — — — — — — — — — — — — — — — — BICYCLE $ PEG STREET TREE Ppl'T ,01 pgN fSt'VIAN FACILITY W ORNAMENTAL- �. .....w —� . ---� '' N --- �_ .rte Z �-- SHRUB R/W R/W 30' MAX W o m m INTERSECTION OF ROUTE 50 & SPINNING WHEEL LANE 3� d tl N c V JZ Lo i r_ t W � 3tz t cc 0� 4 -� _ F d o J; Z Z d — KE iL d a co 50' GREEN STRIP -50' GREEN STRIP---.--- " J _. d Z ♦ __ _._.._PHASE 1 Z � a -►.____ ROUTE 50 -- -_. _ _ ____ . LEFT TURN LANE W a EO 4 - PHASE 1 0 LEFT TURN LANE SIGNALIZED INTERSECTION J � w z W W E -O W INTERSECTION OF ROUTE 50 & SILVER LAKE ROAD W x U _._. -- - -- a O w O w z w 50' - ; - GREEN STRIP � 50' GREEN STRIP - _ J � 4 _ _ - - - ��- LLI U) ____ PHASE 4 4t Lu THROUGH LANE PHASE 2 RIGHT TURN LANE ! PHASE 4 PHASE 4 THROUGH LANE ROUTE 50 RIGHT TURN LANE DATE: FEB. 19, 2009 SCALE: NTS PHASE 2 LEFT TURN LANE PHASE 2 SIGNALIZE DESIGNED BY: JNT LEFT TURN LANE INTERSECTION JOB NO. 49285 SHEET 2 OF 3 Iq NOTE: > XX z THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE cc Lu APPROVED PUBLIC IMPROVEMENT PLANS. 711 p" 'Y LU 'Z/ !X d 1 ID cv UA 004) LIJ 4) 10 tio 0 0 PokSE 2 ETFPHASE IW/ TAPER FREE FLOW �IGHT PHASE 2 RT 37 RIGHT TURN PHASE 2 LANE 3rd WEST 80 UND LANE 0 E r----------- E- A E - 1h11 4" y W �D PHASE 2 DUAL LEFT 7 Lu Lu E- 0 INTERSECTION 7 > LANES - SIGNI J: Ek SIGNALIZED INTERSECTION INTERSECTION 6 CONTROLLED EX SIGNALIZED INTERSECTION 7 0 w UA j PHASE 2 0 w 14 I= m 04 / It DUAL RIGHT TURN LANES- m SIGNAL CONTROLLED LLI w j z Ul U) It LLI I It I j DATE: FEB. 19, 2009 SCALE-- NTS ly DESIGNED BY JNT JOB NO. 49289 SHEET 3 OF IMPACT ANALYSIS STATE x� -I ' " Tax Map Parcels# 52 -((A)) -C, 52-((A))-50, 52 -((A)) -50A, 52-((A))-52, and 52-((A))-63 Aggregate Area of 370.02:L acres Gainesbor o Magisterial District Frederick Cminty, Virginia November 25, 2008 Devised February 19, 2009 Current Owners: Silver Lake, LLC James R. Wilkins, Jr. James R. Wilkins, III Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Map Data Source: Frederick County, Va. GIS Department, April 2008 Data, Aerial Photos from March 2006 Greenway Engineering Silver Lake, LLC Rezoning General Information Location: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poor House Road (Route 654) Magisterial District: Gainesboro ikaagisterial District Tax Map Parcel Numbers: 52 -((A)) -C, 52-((A))-50, 52 -((A)) -50A, 52-((A))-52, and 52-((A))-63 Current Zoning: RA, Rural Areas District Current Use: Residential, Radio Station, Agricultural, and Unimproved Proposed Zoning: MS, Medical Support District — TM 52-((A))-50 B2, Business General District — TM 52 -((A)) -C; 52 -((A)) -50A; 52-((A))-52 & 52-((A))-63 Proposed Use: Continuing Care Retirement Community Retail, Commercial and Office Total Area: 370.02± acres COMPREHENSIVE POLICY PLAN The Frederick County Board of Supervisors adopted revisions to the Round Hill Community Land Use PIan on November 17, 2007. This Comprehensive Policy Plan amendment incorporated approximately 481 acres of land within the Sewer and Water Service Area (SWSA) and established guiding principles for land use development within the rural community center and developing commercial areas. The 370.02± acres owned by Silver Lake, LLC were incorporated into the SWSA during the Comprehensive Policy Plan amendment process. The Applicants have submitted a rezoning application request that will allow for the development of a Continuing Care Retirement Community (CCRC) and the development of commercial retail and office land uses on the subject properties. The Applicants have proffered a Generalized Development Plan (GDP), which identifies the locations of these land use areas, as well as the comprehensive road network envisioned to facilitate traffic movement within this portion of the Round Hill Community. Additionally, the development of the subject properties will facilitate the extension of public water and sewer service further into the Round Hill Community and will provide an opportunity for the relocation of the Round Hill Volunteer Fire and File #4928S Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Location Map 522 �VO>;;TFIWEST � a ERN P IKE - F i IBJ A� WINCHESTER s 50 �V �yt 52 ,. 4 NORTHWESTERN- PJIK Legend Silver Lake, LLC Property t Winchester City Limits Parcel Boundaries Zoning B2 (Business, General Distrist) - B3 (Business, Industrial Transition District) - EM (Extractive Manufacturing District) MH1 (Mobile Home Community District) .,M MS (Medical Support District) r RA (Rural Area District) RP (Residential Performance District) Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Silver Lake, LLC Property Location and Zoning Aff52 A 50A1 52 A 50 c• G� F 52 A 63 52 A C 52 A 52, 725 n N n - f Pr ar � r r� KATHY Feet 1,000 500 0 1,000 2,000 z .wnra W. LU cc stilt , 0 w z 0- O z 0 NN J_ t) ZZ Z J O Q LLj N Qf O J Q oC U w O J J_ w 0 F- 0 U 00 Q 0 z I— F- c_nz� Ir UC) w dZ J o Z ON COccQ Q_ U 0 Z W >' F- Z rn 0) J JQ z O Z U O p LLj W Z O Q () U LU ii Y Q I—O0O o o IM Q UO O Ira W J J m W j W Lij Z o N ami U LL C3 N w o w U) Greenway Engineering Silver Lake, LLC Rezoning Rescue Company. The proposed rezoning application for the 370.02 acre subject properties has been designed to implement the land use, transportation, public utilities and public facilities needs identified in the Round Hill Community Land Use Plan. Therefore, the Applicants rezoning application is in conformance with the Comprehensive Policy Plan. SUITABILITY OF TIS SITE Existing Conditions The subject properties consist primarily of open fields and woodlands with rolling and. moderately sloped terrain. These properties are not in active agricultural land use and are primarily unimproved with the exception of two residential structures that are utilized as rental units, a small commercial structure that was previously utilized as a radio station, and the foundation and some side walls of a large residential structure that appears to have been constructed prior to 1937 and has been dilapidated since 1950. All of these structures will be removed over the course of development of the subject properties to accommodate the construction of internal road systems and commercial and office land bays. All existing structures will be permitted with the Frederick County Building Inspections Department to ensure that asbestos inspections and removal occurs and that all necessary measures are accomplished prior to demolition. Floodplain The subject properties are identified on FEMA NFIP Maps 510063-0105-B and 510063- 0115-B. FEMA NFIP Map 510063-0115B indicates that floodplain areas exist on tax parcels 52 -((A)) -C and 52-((A))-50, totaling approximately 30.67 acres. These floodplain areas are located in the central portion of the overall site development area and are associated with a large drainage area, which goes under Northwestern Pike to Abram's Creek. The conceptual land plan directs land bay development away from the floodplain areas; however, some impacts to this environmental feature will be realized through the construction of the east -west collector road identified within the Comprehensive Policy Plan Round Hill Land Use Plan. Additionally, minor impacts will occur within the identified floodplain area necessary to implement regional stormwater management, as well as a recreational trail system proposed within the park area identified around the pond near Northwestern Pike. The projected impacted floodplain areas will be provided on the Master Development Plan to ensure compliance with County ordinance requirements. File 44928S 3 s L y f . xz r b s # p 0o i c, g4yq �qR' 0 O ` i w f q� 654 41 s �O ..�. _. 925 -M,� -� _ �. �•-. Legend 7-1 Silver Lake, LLC Property'' Parcel Boundaries �` + —'! w: Lakes and Ponds �' yam. ikC� ;NaP?;'EI 1 Corps of Engineers Approved Wetlands Floodplain _ — -Streams 25 ft. Index Contours' J - 5 ft. Intermediate Contours �� ' • J� 2 a Silver Lake, LLC Property Environmental Features ' a �- n:. �'J We .. ;=r f or ED s� f." �• ¢:f r '4�^w... �� lJj�.' •�• - ,.`��t .fid' ^' FA cc; . a7j f w . w 9Cfl l / 0 Q 0 C'3 LL �,. J z Q !' z < J0 z W N w W f 2 < z Cc J W d Cn W in v .. oc j � wCOzCD Cc $�5w 00 ko o tr o a cc 00 a- CD LL W rn �""°� Z J I— F- F, V J Z Q z D O z O N z Q Y �W 2 g Q Y w ii -' Z O o CL LO J f W m LU F5 — - J tZ W LW Cc o a� •ate `- q ,,. F Feet Q 0 W G 500 250 0 500 1,000 Q - - - - o f Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Greenway Engineering Wetlands Silver Lake, LLC Rezoning The National Wetlands Inventory Map identifies wetland areas in the western, central, and southern portions of the subject properties. The Applicants have conducted a detailed Wetlands DelLneation Study prepared by Greenway Engineering, dated November E, 2007 for the entire project site. The Applicants have received a Jurisdiction Determination Letter from the U.S. Army Corp of Engineers, which identifies the approved wetland areas on the subject properties. These areas are delineated on the Silver Lake, LLC Property Environmental Features Map Exhibit that is included with this analysis. Additionally, a copy of the Wetlands Delineation Study and the Jurisdiction Determination Letter has been included with this analysis. The projected impacted wetlands areas will be provided on the Master Development Plan to ensure compliance with all Federal, State, and local requirements. Steep Slopes The subject properties contain minor areas of steep slope as defined, which are located primarily along the defined floodplain areas located within the central portion of the site. It is anticipated that there will be minor impacts within the defined steep slope areas primarily due to the construction of public utilities. The projected impacted steep slope areas will be provided on the Master Development Plan to ensure compliance with County ordinance requirements. The subject properties have pronounced slopes located primarily is the northern portion of the site in the area that will be developed as a Continuing Care Retirement Community (CCRC). These areas do not meet the County definition of steep slopes; however, substantial filling will need to occur within the disturbed portions of these slopes to accommodate the CCRC. All areas of compacted fill will be certified through geotechnical analysis during the site development process and all reports will be fimushed to the County for verification of this work. Mature Woodlands The subject properties are predominately covered with mature woodlands located within the northern, central, and eastern portions of the 370.02± acre site. The conceptual land plan for the subject properties identifies areas in which mature woodlands can be preserved, which include buffer areas, floodplain areas, and substantial areas within the proposed Continuing Care Retirement Community (CCRC) area. The Frederick County Zoning Ordinance allows for disturbance of mature woodland areas to implement planned development areas within the Sewer and Water Service Area (SWSA) and establishes replanting requirements to mitigate this impact. Therefore, the Applicants will be able to address these requirements and will identify the location of mature tree preservation areas on the Master Development Plan. File #49285 4 t Silver Lake, LLC Property /cc ` Soils LU --- ;; Uj r I � ' - 1< 32B t its 7 i 17C ' ' -- t , V 16C 17 17E / . W* _ ! y / , 34', F % r v _ 17C M1 4 r i f fib.+ r/ 35 t , r (1 r ] r \ , a 1 /t ---- ssa _. J z � J 6 ' J r / f W O ` t , J Q IM �� 16C _. _ OC 14 16C 17C � ' r -„,17E X46 - / t. t C ' NOR THWF_ S i"ERN. P7K�- r14C 14B w 14C; , I_. Feet I o : a Z {�? C- z 700 350 0 700 1,400 = w o c� w Y. We RR - Fj � J � .” -cif i � t ) tnc ester & b.. - _ 1 \-_ 00[ 00 _ - — d W % rn CJ Z Z Legend z — Silver Lake, LLC Property Soils 29, MASSANETTA LOAM W 0 0 Q 0 v Winchester City Limits ,I 14B, FREDERICK-POPLIMENTO LOAMS, 2 TO 7 PERCENT SLOPES -� 326, OAKLET SILT LOAM, 2 TO 7 PERCENT SLOPES ! __ w 0 w ,� I \ JIr O U 0 Parcel Boundaries �� 14C, FREDERICK POPLIMENTO LOAMS, 7 TO 15 PERCENT SLOPES 33C, OPEQUON-CHILHOWIE SILTY CLAYS, VERY ROCKY, 3 TO 15 PERCENT SLOPES f /� O cr a ,J / W ro 16C, FREDERICK-POPLIMENTO LOAMS, VERY ROCKY, 7 TO 15 PERCENT SLOPES I `� 34, PAGEBROOK SILT LOAM 1 J U) o z Q N :.i f ` 17C, FREDERICK-POPLIMENTO-ROCK OUTCROP COMPLEX, 2 TO 15 PERCENT SLOPES 35, PAGEBROOK SILTY CLAY LOAM 7 Q U- rn c ' 17E, FREDERICK POPLIMENTO ROCK OUTCROP COMPLEX, 15 TO 45 PERCENT SLOPES ; 7C, CARBO-OAKLET-ROCK OUTCROP COMPLEX, 2 TO 15 PERCENT SLOPES _ if-!/` (D N T :- 20B, GUERNSEY SILT LOAM, 2 TO 7 PERCENT SLOPES W, WATER J � r%� r, ~ a Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Greenway Engineering Soil Types Silver Lake, LLC Rezoning The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service and the Frederick County GIS Database was consulted to determine soil types contained in this tract. The 370.02± acre properties contain the following soil types: 7C — Carbo-Oaklet-Rock Outcrop Complex, 2-15% slopes 14B — Frederick-Poplui nento Loams, 2-7% slope 14C — Frederick-Poplimento Loams, 7-15% slope 16C — Frederick-Poplimento Loams, very rocky, 7-15% slope 17C — Frederick-Poplimento-Rock Outcrop Complex, 2-15% slope 17E — Frederick-Poplimento-Rock Outcrop Compiex, 15-45% slope 20B — Guernsey Silt Loams, 2-7% slope 29 -- Massanetta Loams 32B — Oaklet Silt Loams, 2-7% slope 33C — Opequon-Chilhowies Silty Clays, very rocky, 3-15% slope 34 — Pagebrook Silt Loams 35 — Pagebrook Silty Clay Loams Table 5 of the Soil Survey identifies soil types 14B, 20B, and 32B as prime farmland soils. These soil types exist primarily in the northem and western portions of the subject site_ The proposed development plan identifies these areas for commercial land use and the CCR C land use. Table 10 of the Soil Survey identifies all soil types as moderate to severe for the development of roads and commercial structures due to shrink -swell potential and soil strength. Soils testing and compaction testing are standard practice for development projects and road construction; therefore, reports verifying soils suitability will be conducted throughout the development of the subject site. The soil types are associated with limestone geology, which underlies the subject properties. Limestone geology needs to be treated with care during site development to ensure that solution channels and sinkholes are identified prior to site disturbance and are designed to prevent infiltration of pollutants. The Applicant will incorporate narratives on the Master Development Plan that commit to geotechnical analysis during the site plan process to determine the location of sink holes, solution channels and other karst features and submit reports to the County Engineer for review and approval of the proposed treatment of these features as a condition of land disturbance. File ##49285 5 Silver Lake, LLC Property i'r`e r' �:•' S2 ' 41 rrrF Historic Features r ILI ' z 7zs ' .; 0 Q sob ♦ - _ � _ f �'7 N - r % � z s5a - w r N W OUi ci k• j i ♦� a Z Q 1 , ♦ JZ w °�♦� - �` J O LL t wN U w IM Q O CE 8zs (.�. , ' ��♦ , j = it r " 827 --T -NOS? T HWESTEr%N PIKE. __. � _�r� r' ;'� U o TN VV� U) z /K'E7 LUU)LU LLI — _ �, v4 50 ,moi- _ J _�! O Q tern RR� ?' _ _ z Q COw r... N hester &Wes r� '+(�` 4 -=,L� r: I cn z - �_ -Winc rye; , <>= �' r- ^--� �'.�-z - - - - - - J — f� a Legend L N U Q � U ii Y w EC :Ew o Silver Lake, LLC Property Landmarks Q w O O U_ 0 6 34-94, Hodgson, Abner House _j Cc C r 1) Parcel Boundaries 34-1410, Fruit Hill Farm w = pp O w 7 `' r--- 34-98, Walnut Grove > U) Winchester City Limits J w w o Feet Civil War Battlefields 34 85, Aspen Shade w rn 34-99, Poor House Q T Second Winchester Core Battlefield Area / O N 34-93, Hodgson House u i 1,000 500 0 1,000 2,000 Q -- — _ — p 0 CO Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Adjoining Property Owners Listing Silver Lake, LLC Property File 4928S Number Tax Map Number Owner Mailing Address JCity & State ZIP Zoning Land Use Acreage Deed Book Pae Instrument Yr. Instrument No. 1 52 A 47 CARPENTER ROBERT N TRUSTEE - CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD WINCHESTER VA 22603 RA 6 152.05 0 2007 17603 2 52 A 48 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 5 21.92 546 194 0 0 3 52 A 49 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 2 10.21 546 194 0 0 4 41 A 170 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 6 276.79 341 47 0 0 5 53 A 69 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 6 116.49 296 302 0 0 6 53 A 70 FRUIT HILL ORCHARDS INC PO BOX 2368 WINCHESTER VA 22604 RA 5 30.45 0 2002 20744 7 53 A A FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 RA 5 77.44 848 1208 0 0 8 52 A B WINCHESTER WAREHOUSING INC. - & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604 B2 2 30.00 0 2003 16328 9 52 A 71A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 B2 72 14.65 837 1538 0 0 10 52 A 71B BISHOP GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER VA 22602 RA 2 8.45 934 538 0 0 11 52 A 71C BISHOP GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER VA 22602 RA 2 4.60 934 538 0 0 12 52 A 51 BLACK ROY J N C - BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602 RA 4 1.16 0 0 0 13 52 12 B MP LLC - C/O MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 RA 2 2.80 0 2005 21998 14 52 A 51A SPAID STEPHEN M - SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 0.98 0 2007 10288 15 52 12 Al WEBBER CHARLES L. & BETTY C. 2539 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 2 1.35 509 695 0 0 16 52 A 229 TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 74 2.82 0 2001 9406 17 52 A 228A TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 74 6.04 0 2001 9406 18 52 A 53 TURNER BERNARD L & CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603 B2 4 2.03 0 0 0 19 52 A 227A SMITH KENNETH H. 2587 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 2 1.28 585 423 0 0 20 52 A 54 ROBINSON C L - C/O F&M BANK WINCHESTER 9 COURT SQ WINCHESTER VA 22601 RA 2 0.15 302 354 0 0 21 52-A 226 KERNS ROGER L & LINDA L 112 ROBIN HOOD CIR WINCHESTER VA 22603 RA 2 0.64 549 626 0 0 22 52 A 194 ROBBINS TONY E - & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 1.63 977 182 0 10291 23 52 A 193 TRIPLETT JERRY W 245 MCCARTY LN WINCHESTER VA. 22602 RA 2 0.54 0 2004 1439 24 52 A 166C TRIPLETT JERRY W 245 MCCARTY LN WINCHESTER VA. 22602 RA 2 0.77 0 2004 1439 25 52 A 166 GATHER CLARENCE & VIVA 2691 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 6.26 0 0 0 26 52 A 55 BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 22604 RA 2 0.04 631 638 0 0 27 52 A 56 BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 22604 RA 2 1.15 631 638 0 0 28 52 A 57 HAINES PHILIP C & DIANA N 675 POORHOUSE RD WINCHESTER VA 22603 RA 2 1.04 0 2004 24081 29 52 A 58 VERRET ROY A & BETTY C PO BOX 283 WINCHESTER VA 22604 RA 2 1.07 0 0 0 30 52 A 59 WESTERN VIEW PROPERTIES LLC 675 POORHOUSE RD WINCHESTER VA. 22603 RA 2 1.27 0 2005 20347 31 52 A 60 REID LEO G. & LILLIE V. 2726 NORTHWESTERN PIKE WINCHESTER VA. 22603 B2 4 1.02 0 0 0 32 52 A 60B TRUONG DAWN - HUA SANG V 109 FISHERS HILL CT STEPHENS CITY VA 22655 132 4 2.99 0 2005 7283 33 52-A 61 GROVES FAMILY ENTERPRISES LLC 2754 NORTHWESTERN PIKE WINCHESTER VA 22603 132 4 4.81 934 1689 0 0 34 52 A 66 ANDERSON GARLAND SCOTT 104 EXMOOR CT STEPHENS CITY VA 22655 RA 2 2.17 0 2004 20366 35 52 A 65 COCHRAN CHARLES E JR & MARIAM G 208 FOX DR WINCHESTER VA 22601 RA 4 2.50 750 450 0 0 36 52 A 64 NICHOLS CASSANDRA L 373 POORHOUSE RD WINCHESTER VA 22603 RA 2 0.76 879 640 0 0 37 52 3 1 BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD WINCHESTER VA. 22603 RA 2 0.72 585 540 0 0 38 52 3 2 COCHRAN CHARLES E JR 208 FOX DR WINCHESTER VA 22601 RA 2 0.75 545 207 0 0 39 52 3 3 LABROZZI JOSEPH A - LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA 22603 RA 2 0.79 0 2005 13665 40 52 3 4 MERRITT LARRY D & SUSAN D 413 POORHOUSE RD WINCHESTER VA. 22603 RA 2 1.18 750 464 0 0 41 152 A 44 ROBARE CHRISTOPHER E & MARY C 425 POORHOUSE RD WINCHESTER VA 22603 RA 2 3.67 756 394 0 0 42 IRF A 45 DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA. 22603 RA 2 3.97 310 312 0 0 43 152 A 46 BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA 22603 RA 2 1.73 861 737 0 0 44 152 A 46A MOLDEN REAL ESTATE CORP 2400 VALLEY AVE IWINCHESTER VA 22601 RA 2 2.65 0 2005 1929 2-19-2009 Source: Frederick County GIS Data, April 2008 1 of 1 Greenway Engineering Silver Labe, LLC Rezoning SURROUNDING PROPERTIES The zoning and land uses for adjoining parcels are as follows: North: Zoned RA, Rural Area District Use: Orchard; Agricultural; & Unimproved South: Zoned RA, Rural Area District Use: Residential; Church & Academy & Unimproved Zoned B2, Business General District Use: Convenience Store; Motel; & Residential East: Zoned RA, Rural Areas District Use: Orchard; Agricultural & Unimproved Zoned B2, Business General District Use: Orchard & Unimproved West: Zoned RA, Rural Area District Use: Residential & Agricultural The subject properties adjoin several properties to the north and east that are primarily utilized for orchard and other agricultural land use, while adjoining properties to the south and west are primarily utilized for residential and small commercial land use. The majority of the active orchards in proximity to this site are owned and operated by Fruit Hill Orchard who operates an existing wastewater pond immediately north of the subject properties. The development of the proposed Continuing Care Retirement Community (CCRC) will occur near this wastewater facility; therefore, development plans will include the preservation of perimeter mature woodlands and established grading limits to ensure that there is no impact to this facility as a result of the development of this site. TRANSPORTATION The 370.02-L acre subject site has approximately 2,400 linear feet of frontage along Northwestern Pike (U.S. Route 50) and approximately 1200 linear feet of frontage along Poor House Road (Route 654). The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area; however, this has not been quantified through traffic modeling based on various land use assumptions. Therefore, the Applicants have prepared a detailed traffic impact analysis statement in order to determine the projected impacts associated with the proposed development of a CCRC and commercial retail and office land use on the subject site. File #4928S Greenway Engineering Silver Lake, LLC Rezoning A Traffic Impact Analysis (TIA) has been prepared for the Silver Lake, LLC properties by Patton Harris Rust & Associates, dated November 25, 2008, which is included as a component of the Impact Analysis Statement. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 Square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four-phase study. The TIA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The TIA provides for a Level of Service (LOS) analysis for AM and PM peak hour weekday and Saturday traffic volumes, as well as Average Daily Trip (ADT) volumes for existing, background, and build -out conditions for each transportation phase. Additionally, the TIA provides recommended improvements to the regional transportation network that will mitigate the impacts associated with the build -out of the 370.02L acre properties and improve the LOS at all studies intersections, which are the result of background traffic impacts. Phase 1 of the TIA accounts for background projects agreed upon during the project scoping with VDOT and Frederick County, and includes the development of 570 units within the CCRC and 180,000 square feet of commercial retail on the 370.02± subject site. The TIA modeling demonstrates that deficiencies occur at several of the intersections due primarily to existing traffic and projected background traffic conditions. The TIA provides for suggested improvements to the regional transportation network during the Phase 1 development of the subject site to create acceptable LOS at these intersections. These improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and turn lane improvements at the intersection of Northwestern Pike and Spinning Wheel Lane, and improvements to the Route 37 southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. Phase 2 of the TIA builds on the assumptions utilized in Phase 1 through a 2% annualized increase in traffic volumes within the study area through the year 2018. Additionally, Phase 2 increases development on the 370.02 acre subject site to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. The TIA modeling demonstrates that deficiencies occur at two of the intersections not impacted during the Phase 1 analysis. The TIA provides for suggested improvements to the regional transportation network during the Phase 2 development of the subject site to create acceptable LOS at these intersections. These improvements include new signalization and turn lane improvements at the intersection of Northwestern Pike and Silver Lake Road, the development of a two-lane east -west road system that connects Spinning Wheel Lane to Retail Boulevard, improvements to the Route 37 northbound off ramp to provide for a second right turn lane, and the development of a third westbound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 of the TIA builds on the assumptions utilized in Phase 2 through a 2% annualized increase in traffic volumes within the study area through the year 2020. Additionally, Phase 3 increases development on the 370.02-t acre subject site to account for an 7 File 449285 Greenway Engineering Silver Lake, LLC Rezoning additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. The TIA does not demonstrate additional deficiencies at any of the intersections within the study area. The TIA provides for two suggested improvements to the regional transportation network during the Phase 3 development of the subject site. These improvements include the provision of a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -west road system to connect with Poor House Road (Route 654). Phase 4 of the TIA builds on the assumptions utilized in Phase 3 through the build -out of background projects agreed upon during the project scoping with VDOT and Frederick County, a 2% annualized increase in traffic volumes within the study area through the year 2022, and includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use on the 370.02+ subject site. The TIA does not demonstrate additional deficiencies at any of the intersections within the study area. The TIA provides for four suggested improvements to the regional transportation network during the Phase 4 development of the subject site. These improvements include the provision of a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike, the provision of a second left turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development of a third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development of a third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. SEWAGE CONVEYANCE AND TREATMENT The 370.02E acre subject property is located within the Round Bill Community Sewer and Water Service Area (SWSA). A public sewer system including a sewer pump station and 8" sanitary sewer force main exists to the east of the subject property, which serves the existing commercial development on the north side of Northwestern Pike (U.S. Route 50 West). Analysis of this system indicates that there is sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis statement. The Applicant has worked with the Director of the Frederick County Sanitation Authority (FCSA) to determine the projected needs and collection system requirements for the remaining phases of development identified in the traffic study for the subject property, as well as the needs for the Round Hill Community. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 700 gallons/day per acre is a reasonable guide for estimating the sewer impact for the commercial, office and CCRC land uses. Q = 700 gallons/day/acre Q = 700 GPD x 370.02E acres Q = 259,014 GPD projected at project build -out File 94928S Greenway Engineering Silver Lake, LLC Rezoning The proposed build -out of the 370.02± subject property is estimated to add 259,014 gallons per day to the public sewage conveyance system. The development of land uses in the first phase will direct effluent to the Qpequon Water Reclamation Facility (DWRF) through the existing pump station and sewer force main system. The design capacity of the treatment plant is 8.4 million gallons per day QMGD) during summer months and 16.0 MGD during winter months, of which approximately 6.8 MGD of capacity is currently being utilized. The Applicant will work with the FCSA on all agreements necessary to implement the regional infrastructure sufficient in size and capacity to serve the 370.02± acre site and the Round Hill Community. This regional infrastructure will include on-site collection systems that transfer sewer through gravity, pump stations, and force mains routed along the Abram's Creek drainage area that provide cou reyance to the Parkins Mill Wastewater Treatment Facility. The Parkins Mill Wastewater Treatment Facility is currently under expansion to create a 5 -million gallons per day (MGD) facility. The 5 MGD expansion of the Parkins Mill Wastewater Treatment Facility is projected to be complete in 2009, which will provide adequate capacity for sewage treatment. The Applicant will direct all effluent from the 370.02± acre site to the Parkins Mill Wastewater Treatment Facility upon completion of the regional infrastructure improvements described above. WATER SUPPLY The 370.02± acre subject property is located within the Round Hill Community Sewer and Water Service Area (SWSA). A public water system including a 20" water transmission line and a 4 MGD water storage tank exist to the north and east of the subject property, which serves the existing commercial development on the north side of Northwestern Pike (U.S. Route 50 West). Analysis of this system indicates that there is sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis statement. The Applicant has worked with the Director of the Frederick County Sanitation Authority (FCSA) to determine the projected water capacity and fire flow needs for the remaining phases of development identified in the traffic study for the subject property, as well as the needs for the Round Hill Community. Based on comparable consumption estimates, the Frederick County Sanitation Authority (FCSA) has determined that 1,000 gallons/day per acre is a reasonable guide for estimating the water impact for the commercial, office and CCRC land uses. The figures below represent the impact that the total build -out of the proposed land uses will have on the water supply and treatment systems. Q = 1,000 gallons/day/acre Q = 1,000 GPD x 370.02± acres Q = 370,020 GPD projected at project build -out File 449285 9 Greenway Engineering Silver Lake, LLC Rezoning The proposed build -out of the 370.02 subject property is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the community via the Stephens City quarry system from the James H. Diehl Water Filtration Plant and the Clearbrook quarry system from the North Water Filtration Plant. These systems currently provide 6.0 MCD and can be increased to 10 MGD. The Applicant will work with the FCSA on all agreements necessary to implement the regional infrastructure sufficient in size and capacity to serve the 370.02+ acre site and the Round Hill Community. This regional infrastructure will include water transmission lines and elevated water storage that will accommodate the needs of the FCSA to service the portions of the Round Hill Community. The on-site water infrastructure required to convey potable water to the proposed commercial, office, and CCRC land uses will be developed by the Applicant to standards acceptable to the FCSA for future operation and maintenance. DRAINGE The 370.02± acre subject site is naturally divided into 3 distinctive drainage areas, which direct drainage from the north, east, and west towards the central portion of the site. The site directs drainage from the central portion of the site to the southeast to a large pond that is visible from Northwestern Pike (U.S. Route 50 West). The developed portions of the site for both the CCRC and the commercial retail and office land uses are proposed to be designed as a regional storm'"rater management system. This system will include a series of smaller drainage structures and the large pond, which are designed to promote stormwater quality and quantity to meet State and local regulations. The general location of the structures that will be utilized for this regional system will be provided on the Master Development Plan for the subject site. The underlying limestone geology may require the design of impervious liners for the proposed regional stormwater management system to ensure that infiltration of stormwater and pollutants is avoided. The Applicant will incorporate narratives on the Master Development Plan that commit to geotechnical analysis during the site plan process to determine the appropriate design measures for stormwater management facilities that will be submitted to the County Engineer for review and approval prior to land disturbance activities. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 square feet of structural floor area and an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4`h edition). The following figures File 44928S 10 Greenway Engineering Silver lake, LLC Rezoning show the increase in average annual volume based on the 1,077,650 square feet of commercial and office land use, and the CCRC independent living, assisted care and skilled care residential units that are projected to develop over a 14 -year period: AV = 5.4 Cu. Yd. per 1,000 square feet AV = 5.4 Cu. Yd. x 1,077 (1,000 square feet) AV = 5,815 Cu. Yd. at commercial build-out/yr, or 4,070 tons/yr at build -out AV = 5.4 Cu. Yd. per household AV = 5.4 Cu. Yd. x 1,048 CCRC residential units AV = 5,659 Cu. Yd. at CCRC build -out, or 3,961 tons/yr at build -out TOTAL AV = 8,031 tons/yr / 14 -yr build -out = 573 ton annual increase at build out 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 14 -year build -out of the subject site will generate on average 573 tons of solid waste annually. This represents a 0.28% 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. The complete build -out of the commercial retail, office, and CCRC is projected to increase the solid waste received by the Municipal Solid Waste area of the Regional Landfill by 4.0% annually. The commercial retail, office, and CCRC land uses will utilize commercial waste haulers for trash pickup service; therefore, transportation and increased volume impacts at the citizen convenience centers will be mitigated and tipping fees will be generated that will create a continuous revenue source for the Regional Landfill by the proposed project. HISTORICAL SITES AND STRUCTUI—aS The Frederick County Rural Landmarks Survey does not identify structures on the 370.02 -acre site that are deemed potentially significant. Three sites within close proximity are identified as potentially significant, which include the Hodgson House (#34-93), the Hodgson -Abner House (#34-94), and Walnut Grove (#34-98); however, none of these sites are identified as properties that are potentially eligible for the state and national register of historic places. Additionally, the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the southwestern portion of the 2nd Winchester Core Battlefield area (Phase 6) located adjacent to the subject site. The three sites identified above are all utilized as private residences. The Hodgson House is the only structure that is visible from the project site; however, it should be noted that this structure has been modified to accommodate the residential land use. The portion of the subject site near the Hodgson House is proposed as commercial land use; File #49285 11 Greenway Engineering Silver Lake, LLC Rezoning therefore, the County Zoning Ordinance will require buffering and screening between the proposed land use and the existing residential land uses to mitigate visual impacts. The southwestern portion of the 2nd Winchester Core Battlefield area (Phase 6) is located on adjacent properties that have been incorporated into the County's Sewer and 'Vater Service Area (SWSA); therefore, it is anticipated that these adjoining properties will develop in the future. The identified core battlefield adjoins the portion of the 370.021 acre site that is proposed as a CCRC. The development of a CCRC will require buffering and screening against the adjoining property due to the current agricultural land uses. The Master Development Plan for the CCRC will utilize the existing mature woodland areas to provide for buffering and screening; therefore, this will mitigate visual impacts to the southwestern portion of the core battlefield area on the adjoining properties. IMPACT ON COMMUNITY FACILITIES Fire and Rescue The development of commercial retail and office and a Continuing Care Retirement Community will create an impact to fire and rescue services in this area of the community. The Applicant has provided for this impact through a proffer that provides land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route '10 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. Therefore, the Applicant's proffer statement more than adequately addresses impacts to fire and rescue services. Parks and Recreation The Applicant proffered land to Frederick County to provide a 10 -acre site located along Northwestern Pike around an including the existing pond feature to provide for public recreational opportunities consistent with the Comprehensive Policy Plan. The Frederick County Parks and Recreation Board considered this request during their January 2009 meeting and decided not to accept this proffered site. The Applicant has incorporated a complete network of trail systems and sidewalks that will link all commercial and office land uses and the Continuing Care Retirement Community (CCRC) to create a walkable File #4928S 12 Greenway Engineering Silver Lake, LLC Rezoning campus design for the subject properties. Additionally, the CCRC will be developed with a wellness center and other on-site services to meet the recreational needs of their comunundty. Therefore, the development of this project will not have a negative impact to parks and recreation services. Educational Facilities The development of commercial retail and office and a Continuing Care Retirement Community will not impact public school facilities or operations. The County will receive revenues from the commercial and office development, which will assist in the annual budget necessary to fund public schools. General Government The development of commercial retail and office and a Continuing Care Retirement Community will not impact general government facilities or operations. The County will receive revenues from the commercial and office development, which will assist in the annual budget necessary to fund general government services. File #49285 13 1 Unsignalized Intersection a � I L wF *(A)(C)A� �rB(A)[A1* 44 f Ram U 2 Unsignalized ; Intersection S a, SD � rf 11 3 � b! c! j! v1 L! 4 Signalized Intersection L a LOS—B(B)IB] ✓1I�1� �4—„A(A)IAJ • IBj(B)C,v V�' q mss' a Intersection LOS=B(B)[A] be— st IjI Signalized Intersection LOS=C(D)[B] J Signalized Intersection r LOS=C(C)[B] o � C(C)1$7 IA)(B)C 4ar4 �, Denotes Yield Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Note: See Table 1 for levels of service by "Lane Group” 1 - Figure 3 Existing Lane Geometry and Level of Service t A Phased Trak Impact Analysis of the Round Hill Center PHP Project Novemb: r 25,2 1 8 November 25, age 6 Page 6 jUnsignalized )< .Signalized •'Suggested Intersection Intersection Improvements" • "= w�a LOS--A(A)JAI siguataatiou iAy —A 4— �C --- Vj� �o` J1� �A(A)lAj % *jBJ(QA—.► �! q�� JAI(A)B-* 7 1 Unsignalzed J Intersection z, C� Js Js L� �i 4 Signalized Intersection i✓ LOS--C(B)IBI =A(B)IA1 Ic]($)c r �D D Qr o 1 �T -.--P+/ Intersection a LOS=C(BjBj 0 ro 4 � J � r 1 �f° IB7(B)c� � v v� 1 Signalized Intersection 14 LOS=C(E)jC] 4� J Signalized Qa Intersection a LOS—D(D)IBI p` W �D(D)IBI IAI(C)D ►�+ R Signalized; '•Suggested Intersection `�• _ ]mp�vemen[s" LOS=C(B)jAI Gil SB Rfgh[-Free 'raving LOSAB'I�� AI � B(B)IA] 1A1(B)C� q � iWITI 14 lk� Denotes Yield Conditions Denotes Free Flow Conditions Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Note: See Fable 3 for levels of service by "Lane Group" — U Figure 5 Phase 1: 2012 Background Lane Geometry and Level of Service A Phased Traffic hnpact Analysis ofethe Round Hill Center R+AProject Number: 15233-1-0 November 25, 2008 PH Page 12 PHASE I TRIP GENERA'T'ION PHR+A detennined the number of trips entering and exiting the site using equations and rates provided in the 7t1i Edition of the Institute of Transportation Engineers' (ITE) Trip Ge71eration Report. Table 4 is provided to summarize the total trip generation associated with the Phase 1 of Round Mill Center development. Table 4 Proposed Development: Round Hill Center Phncr 7 Trin C7 nPrntinn Rnmmnry ITE Land Use Amount AM Peak Hour PM Peak Hour ADT Saturdav Peak Hour ADT In Out Total In Out Total In Out Total Code 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 448 units 16 20 36 30 19 49 1,559 67 67 134 1,124 820 Shopping Center * 180,000 SF 113 72 185 324 351 675 7,729 465 429 895 8,995 Sub -Total 142 113 254 389 392 781 9,929 548 514 1,062 10,457 25% Pass -by (Code 820) 23 23 46 84 84 169 1,932 111 112 224 2,249 Total "New" Trips 119 11 89 11 208 304 1308 612 7,997 436 1 402 1 838 8,208 Average rates are unnzeu. PHASE 1 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Round Hill Center Phase 1 development trips (Table 4) throughout the study area roadway network. Figure 7 shows the development - generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour trips. PIN SE 1 2012 BUILT) -OUT CONDITIONS The Round Hill Center Phase 1 assigned trips (Figure 7) were added to the 2012 background traffic volumes (Figure 4) to obtain 2012 build -out conditions. Figure 8 shows the 2012 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. Figure 9 shows the respective 2012 build -out lane geometry and AM/PM peak hour and Saturday mid-day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 5 to show the 95th percentile back of queue and levels of service for each lane group during Phase 12012 build -out conditions. A Phased Trac[ic Impact A7ICINSZs of the Round Hill Center PH -� ^ Project Number: r25, 2 1 8 � November 25, 2008 Page 15 2 Signalizea Intersection a fmpruvements" Signalizatian LOS=A(C)IB]` f EB -]I Left c WB - Right 4 SB- I Left 4 � l$irs)A� 1 rl JI �1 >1 �1 4 Signalized v Intersection ` 4 LOS—C(C)11 B1 4� �BN)IA1 ICUB)c 1-4 S C A Figure 9 LOS=B(B)IBI C a q I LOS--A(A)IA] _ti mgnauz�oon A(A)IA] _gZUL ,rC(B)IBIJ� 50 ,4r 44 �S fi� IA](A)A-4. u Intersection 'i° 0` Intersection ` LOS=B(B)IA] �1 SBRght - Free k`1 LOS=B(F)IF] ` Fe * U 2 Signalizea Intersection a fmpruvements" Signalizatian LOS=A(C)IB]` f EB -]I Left c WB - Right 4 SB- I Left 4 � l$irs)A� 1 rl JI �1 >1 �1 4 Signalized v Intersection ` 4 LOS—C(C)11 B1 4� �BN)IA1 ICUB)c 1-4 S C A Figure 9 LOS=B(B)IBI C a q I m 50 � U 4� C`l Signalized c' 6. Signalized `-- "Suggested 1.pro+e -",, Intersection 'i° 0` Intersection ` LOS=B(B)IA] �1 SBRght - Free k`1 LOS=B(F)IF] ` Fe lVc,vingLO5.4(B>IB1 r— iA](Cle "I, IAI(B)A c so Signalized InterstionecCn ] zo t (D)]=D`x :_ �D (D)1C1 )D —' 1 Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement M Peak Hour',PM peak Hour;ISA_T peak Hourl Note: See Table 5 for levels of service by "Lane :roup" Phase 1: 2012 Build -out Lane Geometry and LOS A Phased Traffic Impact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 19 i /j No Scale SITE e - NPoyed rot j Unsigoalized Intersection 1: Signalized "Suggested Intersection Intersection lmprm'anents" �b tBlrn�g� LOS=B(C)IBl signw�a5oa * Gx, c a' 7i r— *lBl(QA--f � r14 t .� JB](A)CP 1 'Intersection Q� `� LOS=C(B)JB] q o �A r =A(S)IA] IB1B)D� 1r 50 SD IA)(D)B F� , oSi4� `G, Signalized "Suggested Intersection Improvements^ LOS--C(D)IBI EQ NB -I [L ght C j. tBlrn�g� Denotes icld Conditions Denotes Free Flow Conditions * Denotes Ensignalized Critical Movement AM .Peak Hour(PM Peak Hour)[SAT Peak Hour] Nn+n. Coo r -t,]- j< T-- 1--10 of ... - n h- "Ir ..p rrnnntt A Phased Traffic Impact Analysis of the Round Hill Center PH R+A Project Novemb r 25,2] 8 November 25, 2008 Page 24 I n• PHASE2 TRAP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7th Edition of the Institute of Transportation Engineers' (11TE) Trip Generation P.eport. Table 7 is provided to summarize the total trip generation associated with the Phase 2 of Round Hill Center development. Table 7 Proposed Development: Round Hill Center Ph-') Tvin GPnc Linn .`'nmm;;ry ITE AM Peak Hour PM Peak Hour ADTr67 Salurda_v Peak Hour ADT In Out Total In Out Total Out Total Land Use Amount Code 251 Eldcdy Housing - Detach 122 units 13 21 33 35 22 57 641 17 33 338 252 Elderly Housing - Attach 448 units - 16 20 36 30 19 49 1,55967 134 1,124 710 office 105,000 SF 172 23 195 33 163 196 1,385 18 38 243 820 Shopping Center' 350,000 SF 220 141 361 630 683 1,313 15,029 835 1,740 17,490 Sub-Tot2l 420 204 625 728 887 1,615 18,614 1,008 937 1,945 19,195 25% Pass -by (Cade 820) 45 45 90 164 164 328 3,757 217 217 435 4,372 Tom/Pass-by 45 45 90 164 164 328 3,757 217 217 435 4,372 Total"New" Trips 375 1 159 534 1 564 i 723 1,287 1 14,857 1 791 720 1,510 1 14,823 Average rates are uuuzeo. PLASS 2 TRIP DISTRIBU'T'ION AND TMP ASSIIV� GN,ENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 12 to assign the Round Hill Center Phase 2 development trips (Table 7) throughout the study area roadway network. Figure 13 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. PHASE 2 2015 BUILD -OUT CONDITIONS The Round Hill Center Phase 2 assigned trips (Figure 13) were added to the 2018 background traffic volumes (Figure 10) to obtain 2018 build -out conditions. Figure 14 shows the 2018 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. Figure 15 shows the respective 2018 build -out lane geometry and AM/PM peak hour and Saturday mid-day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 8 to show the 95th percentile back of queue and levels of service for each lane group during Phase 2 2018 build -out conditions. I A_ Phased Traffic Impact.Analysis of the Round Hill Center Project Number: 1-0 HR Novemberr 25 25, , 2 2008 Page 27 ,( Unsignalized)! 6' Signalized Signalized ^Suggested Intersection LOS=C(B)[A] Intersection Improvements. *Z 1 LOS=II(A)[$] Signnliration w D 9 a° 4—L - 1.w 1 Jit 1W 1+10 .._A(A)IA1 •►B1(D)A� ,r--C(B)[B1* mr ' ` t [BL(A)BS a W 1 U s 2 atgnattzeo -�agxCd; Intersection Improvements" 2J 5ignaBration LOS=A(�[ A1 _ EB -1 Left WB -I night SB- I Left 5D L 1 31 Signalized New Intersection mtersecdon" L0s=B(QIA1 -� _1� J, i 0* 4 Signalized } Intersection q LOS=D(C)[C] u ICJ(B)n.+ Vr -a- Figure 15 'Intersection 4� �C LOS=B(C)[B[� L �A(C)fA] �1 4 Signalized S, 6' Signalized InterseCtinn \ �4R Intersection LOS --D( �7IF1 oS LOS=C(B)[A] tp� � *Z rr m I 1A](B)C— , 'j Intersection a3 `� Intersection LOS=L(F)[q LOS=C(D)[C] 4 x{'ti w s D Improvements" I SB Right - Free i� ••Suggested I Improvemenh' NB -I Right WB -I Thru �. Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)ISAT Peak Hour] Note: See Table 8 for levels of service by "Lane Group" Phase 2: 2018 Build -out Lane Geometry and LOS A Phased Trak Impact Analysis oLthe Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 31 v" t� — ;C(B)1B1- Quo J� n ti 4—A(A)IA1 IB1(D)A —moi Improvements" SB Right - Free LOS=CO7(C] 44 1 `q� C(F)ICJ ICJ(A)C-- m U_ W + P] 2 �tgnauzea - Improvements" Intersection Signalization LOS—A(A)JAI EB -I Lett WB -I Right Q SB - I left, Imp q t _ IAJ(A)A ►+ �A(A)IAJ 4 Signalized v Intersection V LOS–D(C)IBI 4 '✓1//" �c(C)IA, YrIcJ(B)D � sQ� 1( �s Intersection q� "o LOS=B(B)[B] 4 � SignalizedQ _6 Signalized •'suggested Intersection .� �° Intersection Improvements" SB Right - Free LOS=CO7(C] LOS=C(B)(A] `q� C(F)ICJ Nenving LOS A(BIIA)�JAO(B)IA, IC,fD)B-may a t IAJ(B)B� ,a p a Signalized '] Signalized /F "Snggestea Intersection a Intersection Improvements•' LOS E(D)JBJ LOS C(D)JCJ NB -]Right a � '" e� D(n)1B1 a) � C(D)ICJ a..r ►$,(D)E �1 Al QAp��r' r Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour Note: See 'fable 9 for levels of service by "Lane Group" ]Figure 17 Phase 3: 2020 Background Georn, etry and Level of Service A Phased Traffic Impact Analysis ofthe Round Hill Center- PH1'2�NProject Number: r 25, 2 1-0 November 25, 2008 Page 36 PHASE 3 TjRJP GENERATION PHR+A determined the number of trips entering and exiting the site using ded in the ?"' Edition of the Institute of Transportation Engineers' equations and rates provi (ITE) Trip Generation Report. Table 10 is provided to summarize the total trip generation associated with the Phase 3 of Round Hill Center development. Table 10 Proposed Development: Round Hill Center ITEAM Peak Hour PM Peak Hour ADT Saturdav Peak Hour ADT In Out Total In Out To[al In Out Total Land Use Amount Code 251 Elderly Housing - Detacb 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 448 units -16 20 36 30 19 49 1,559 67 67 134 1,124 710 Office 350,000 SF 450 61 511 80 391 471 3,500 55 47 102 767 820 Sbopping Center490,000 SF 308 197 505 882 956 1,838 21,041 1,266 1,169 2,435 24,485 Sub -Total 786 298 1,085 1,027 1,388 2,414 26,741 1,404 1,300 2,705 26,715 25% Pass -by (Code 820) 63 63 126 230 230 459 5,260 304 304 609 6,121 Total "New" Trips 723 1 235 1 959 1 797 1 1,158 1 1,955 21,481 1,100 996 1 2,096 20,594 ` Average rates are unuzeu. PHASE 3 TRIP DISTRIBUTION A1*-�D TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 18 to assign the Round Hill Center Phase 3 development trips (Table 10) throughout the study area roadway network. Figure 19 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. PHASE 3 2020 BUILD -OUT CONDITIONS The Round Hill Center Phase 3 assigned trips (Figure 19) were added to the 2020 background traffic volumes (Figure 16) to obtain 2020 build -out conditions. Figure 20 shows the 2020 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. Figure 21 shows the respective 2020 build -out lane geometry and weekday AM/PM peak hour and Saturday mid-day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 11 to show the 95th percentile back of queue and levels of service for each nn� L__�1.1 + conditions. lane group during Phase 3 2020 uulru-out conditions. A Phased Traffic Inxpact Analysis of the Round Hill Center AProject Number: 15233-1-0 PH + November 25, 2008 Page 39 New Unsignalized "New Ctiod AA Unsignalized Intersection" * Intersection•' Interse � Intersection .gi q a__J "New Y a� Intersection" .� Unsignalized � NO Scale IV lBf{ > Intersection IA)(A)A (qA4 A(A)fAl* Intersection" Unsignalized Intersection], "New Ra pn Intersection-' .ml A(A),. Unsignalized U1 to Intersection a 5n x U y�" Nr1V �v so ° ] SITE a V �CA)fAl* 37 4 6 7 50 4° o nro ry -a O p j Unsignalized 1 Signalixc"d "Suggested Intersection Intersection Ivn emen6" * LOS-C(B)[Al m Signaliza6an 37 o 5 Signalized o' 9 w a igio Intersection W� 2 e—D(B)[Bl* d8� .�A(B)JAl LOS C(C�[B] qW. a r�y� NIAI(A)C —► ci �a so x U qV 2 Signalized "suggested A I mprarements" Q intersection Signalization LOS=A(C)[BJ EB -]Ld[ 6 Signalized 6 Signalized "Suggested WB -7 Right Intersection a Improvements" Q Sit - t I er4 ] >zt he 14 ]nlersection LOS=C(F)[E] k O L05=C(B)[Al Q� WB-7Thru SB Riga t .Free Qgla] p LOSA(B)IRI�� C($)IA] } f8 )A () 1 c ]c](C) �* } t t iAl(C)C'o{ e � a Signalized New o` o Intersection Intersection 47 L05=B(C)(Bl O Si nalized ` ggested � 'J g E '� Signalized IntersectionY Intersection Improvements" q LOS=1 (F7lCj c L()S C )�C] O° WB-] Thru NB - t Right 1AAC)p 63 A(c)!EIso z � D(F)1D1 C(b)ICJ ZZ Signalized �► 4► �y b 4 Intersection LOS=p(C)[Cl {c](B)nZ�Dienotes Yield Conditions o^ Denotes Free Flow Conditions s o * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Houlrj 1 LPH R Note: See 'fable 11 %r levels of service by 'thane Group" ____ Figure 21 Phase 3: 2020 Build -out Dane Geometry and LOS A Phased Traffic IDtpaCt Analysis ofthe Round Hill Cerner + Project Number: 15233-1-0 ' November 25, 2008 a Page43 * Unsignalized "New Intersection Intersection" .y q�gJ�gl� No Scale SITE i9 �a a ( 1 Unsignalized LOS=C(D)IC] UB Ntgnanzeu Suggested ` Intersection IntersCCtinn [mp ravemenl * LOS—D(D)[A] o Signalizatisi o A �D(B)1B1' a ��$(g)IAl I -% e G dinterscctlon ""' SignatizatiaL LOS=A(A)IAI EB -1 Len WB -1 Righ U SB -1 Len,IR i -L .pis hlv _".. 1 Z JSignalWyr Interse LOS=D(do— ICI(B Unsignalized "Nnr Intersection Intersection" P�nPo� d tyeLv jLi�u Jlntersection 4 I i LOS=C(D)IC] UB � I Signalized 6 1 Signalized "Suggested 4 ]m rovements" Intersection �E• Intersection P LOS=FM[F-•lk`47 LO JAI SWB gltThrruee w "LigU)sB(3)[b "i� (B)fA lDl(r)F� a e _ so ]AI(C)C� t 0 0 CO 4N 7 Signalized E ' Signalized m "Suggested Intersection 4 Intersection O lmprm•ements•' L05=F(�71C] p� r. LOS=C(E)ICI y Th- NBWB-1 -I Right b � � (E)IC fAZ lfE)E ,$$ a 't:C1 fDenoteS Y!eid Conditions CDenotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hounr(PM Peak Hour)[SAT Peak Hour] �Note: See Table 13 for levels of service by "bane Grou P R+A ps' II Figure 23 Please 4: 2022 Background Geometry and Level of Service A Phased Traffic Impact Analysis of the Round Hill Center PI, Project Number: 15233-1-0 I + November 25, 2008 Page 49 PHASE 4 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 14 is provided to summarize the total trip generation associated with the Phase 4 of Round Hill Center development. Table 14 Proposed Development: Round Hil! Center Phns#, A Trip I Pnrratinn Commary ITE Land Use Amount AM Peak Hour PM Peak Hour ADT Saturday Pcak hour ADT In Out Total In Out Total In Out Total Code 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 528 units 19 23 42 35 23 58 1837 79 79 158 1,325 710 Office 494,600 SF 593 81 674 108 525 633 4,568 73 62 135 1,077 820 Shopping Center578,300 SF 363 232 596 1,041 1,128 2.169 24,832 1,495 1,380 2,874 28,898 853 Conven. Mart w\pumps 4,750 SF 108 108 217 144 144 288 4,017 137 127 264 6,881 Sub -Total 1,096 465 1,561 1,363 1,842 3,204 35,896 1,800 1,665 3,464 38,518 25%Pass-by(Code 820) 74 74 149 271 271 542 6,208 359 359 719 7,224 40% Pass -by (Cade 853) 43 43 87 58 58 115 1,607 53 53 106 2,751 Total Pass -by 118 118 236 329 329 657 7,815 412 412 824 9,977 Total "New" Trips 978 347 1,326 1,034 1,513 2547 i 28,081 i 1,388 1,253 2,640 28,542 HYCiGgC iGIC� al C UiInLCLL. PHASE 4 'DRIP DISTPJBITI,ION AND TFJP ASSNGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 24 to assign the Round Hill Center Phase 4 development trips (Table 14) throughout the study area roadway network. Figure 25 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations throughout the study area. PHASE 4 2022 BUILD -OUT CONDITIONS The Round Hill Center Phase 4 assigned trips (Figure 25) were added to the 2022 background traffic volumes (Figure 22) to obtain 2022 build -out conditions. Figure 26 shows the 2022 build -out weekday and Saturday ADT as well as weekday AM/PM peak_ hour and Saturday mid-day peak hour traffic volumes at key locations throughout the study area. Figure 27 shows the respective 2022 build -out lane geometry and weekday A1Vt_./PM peak hour and Saturday mid-day peak hour levels of service. All Synchro and HCS+ levels r of service worksheets are included in the Appendix section of this report. PHR+A has provided 'fable 15 to show the 95th percentile back of queue and levels of service for each lane group during Phase 4 2022 build -out conditions. A Phased Tra lc Impact Analysis ofthe Round Hill Center + Project Number: 15233-1-0 November 25, 2008 Page 52 I + Unsignalized "New Unsignalized "New iIntersection intersection" Intersection Intersection' 1 "New - 9 Unsignalized - C Ilttersecfioa" Intersection All Way Stop r "New x No Scale �s tt+A C$)I$J* Unsignalized I$JCC)g A(q Intersection Intersection" = Pr ° °srdgrrW All Way Stop "New Unsignalized Road Intersection" �1 tpr,A Intersection All Way Stop Q -E al * SITE a " m � �a{$j/$f* 37 2 3 n � ,tr 3 0 A a a7 z ] Unsignalized Signalized ' "Suggested Intersection Impr"vemenn" �'° z o Intersection * LOS=C'(B)IAJ Signalization WB-] rnru h - wow U..� 37 t J �E(.B)ICJ* a 4--A(B)IAI �. Signalized 5.. Signalized "Suggested 5 Im rovements" �� *ICI(E)B� dIntersection t `� Intersection Cg_1Thrn LOS-C(Ii)IE) �� lwS=C(D)IBINB, SB-Restr in - 18J(B)D� q 4.+ "Suggested p $'p�tgp� .mr (F)(F)C� ®/ (CJ(C)D� . 2 Signalized lmprtn•ements" InterSeCtiDn Sign2hution LOS=A(B)IBI EB -1 Lert 4 WB- t Thru, 1 Right _ SB - I Lett, I Right Signalized Signalized "Sugg�sted 6 S U _ .� SD ��•n F,p�v$ Im r° ants" T Intersection p 4 EB, WB- I Thrn Intersection \� J�4 LOS--B(D)JAI LOS=F{F)IF'I 1 I'OS=B �� SB Right -Free 4 \.. k,vmgLOSb(C)(BJ� E(F)1F1 11(E)1.9J.. 3 Signalized "New IFJCF)F� q4 l Intersection Intersection" p � O LOS-B(C)IC) m 4 v Q ,gSignalized q "Suggested 7 Signalized 7 Intersection Intersection Improvements" k. rE0_.r 9(ji )tcf >iB,wB-I Thru LOS=F(F)IDI LOS D(I)ID) NB -I Right E F(F)J) 1 M D(F)(DJ 4 Signalized Intersection ? Stgnalized - $uggestea 4 Intersection Improvements" WB Thrn LOS=D(C)IDJ 4 (CJCF)F� �jps t 6p (BI(F)B L05=D(F)ID) a c` 4 4 _ crl` Zpge fi q ==C(F)ICI °'�14 I (A)IC1 (DJ(C)D� Vr q 3e flDenotes Yield Conditions sa a w a o TDenotes Free Flory Conditions * Denotes Unsignalized Critical Movement AMFeak Hour(PM[ Peak Hour)[SA T Peak Hour] p� —I � T +/ `i Note. See Table I5 for revels of service by "Lane Group" Phase 4: 2022 Build -out Lane Geometry and LOS A Phased Traffic Inx,vact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 56 CONCLUSION Based upon the Synchro analysis results, assuming the suggested improvements, the intersections of Route 50/Poorhouse Road, Route 50/Spinning Wheel_ Lane, Route 50/Silver Lake Boulevard as well as all intersections along the New Proposed Road will maintain overall levels of service "C" or better during 2012 Phasel, 2018 Phase 2 and 2020 Phase 3 build -out conditions. All other study area intersections during Phase 1 through Phase 3 will maintain levels of service "D" or better. During 2022 Phase 4 build -out conditions, all the study area intersections, except the intersection of Route 50/Route 37 northbound ramps, will operate with overall levels of service "D" or better. The aforementioned intersection of Route 50/Route 37 northbound ramps will operate with levels of service "F" in PM peak hour conditions assuming the improvements. Based upon the Highway Capacity analysis results, assuming the suggested improvements, Route 50 will maintain link level of service "D" or better during all four (4) phases. The link levels of service shown in all lane geometry and levels of service figures represent the worst-case levels of service of two directions. The following describes the improvements suggested at each study area intersection during all four (4) phases: �, Phase 1 (2012): - Route 50/Poorhouse Road: Signalization will be required. - Route 50/Spining Wheel Lane: This is a new intersection. Signalization, an eastbound left -tum lane, a westbound right -tum lane and a southbound left -turn lane will be required. - Route 50/Route 37 southbound ramps: A free-flow right -turn in southbound direction will be required. Pb ase 2 (2018): - Route 50/Poorhouse Road: Signalization will be required. - Route 50/Spining Wheel Lane: This is a new intersection. Signalization, an eastbound left -turn lane, a westbound right -turn lane and a southbound left -turn lane will be required. - Route 50/Silver Lake Road: This is a new intersection. Signalization will be required. - Route 50/Route 37 southbound ramps: A westbound through lane and a free-flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound ramps: A westbound through lane and a northbound right -turn lane will be required. Additionally, a new connector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Spinning Wheel Lane. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road and Spinning Wheel Lane. A Phased Trade lmpact Analysis of the Round Hill Center PR_�R+A Project Number: 15233-1-0 November 25, 2008 Page 60 Phase 3 (2020): - Route 5 0/Poorhouse Road: Signalization will be required. - Route 50/Spining Wlieel Lane: This is a new intersection. Signalization, an eastbound left -turn lane, a westbound right -turn lane as well as a southbound left - turn and right -turn lane will be required. - Route 50/Silver Lake Road: This is a new intersection. Signalization will be required. - Route 50/Route 37 southbound ramps: A westbound through lane and a free-flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound ramps: A westbound through lane and a northbound right -turn lane will be required. Additionally, a new connector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Poorhouse Road. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road, Spinning Wheel Lane and Poorhouse Road. > Phase 4 (2022): - Route 50/Poorhouse Road: Signalization and a westbound through lane will be required. - Route 50/Spining Wheel Lane: This is a new intersection. Signalization, an eastbound left -turn lane, a westbound through and right -turn lane as well as a southbound left -turn and right -tum lane will be required. - Route 50/Silver Lake Road: This is a new intersection. Signalization will be required. - Route 50/Round Hill Road/Retail Boulevard: A westbound through lane will be required. - Route 50%Botanical Boulevard: An eastbound through lane and pavement re - striping in northbound and southbound directions will be required. - Route 50/Route 37 southbound ramps: An eastbound and a westbound through lane as well as a free-flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound ramps: An eastbound, westbound through lane, a northbound right -turn lane as well as other regional improvements will be required. Additionally, a new connector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Poorhouse Road. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road, Spinning Wheel Lane and Poorhouse Road. NOTE: Funding source for the aforementioned improvements has yet to be identified. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. A Phased Traffic hnyact Analysisofthe Round Hill Center P + Project Number: 15233-1-0 November 25, 2008 f 4.1 Page 61 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To. be completed by Planning Staff' . Fee Amount Paid * 11©I f Zoning Amendment Number Date Receive © +` PC Hearing Date- BOS Hearing Dated ` The following information shall be provided by the applicant. All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. 2. 3. Applicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: Silver Lake, LLC Telephone: (540) 662-7215 Address: -13 South Loudoun Street Winchester, VA 22601 Contact person if other than above Name: Evan Wya Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement Verification of taxes paid ® Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: James R. Wilkins, Jr. James R. Wilkins, III 6. A) Current Use of the Property: Residential,• Agricultural & Unimproved B) Proposed Use of the Property: Commercial Retail; Office & CCRC (Continuing Care Retirement Community 7. Adjoining Property: Please refer to attached Adjoining Property Map & Property Owner Information Table 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 6541. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 52 -((A)) -C, 52- ((A))-50, 52 -((A)) -50A 52-((A))-52 and 52-((A))-63 Magisterial: Fire Service: Rescue Service: Gainesboro Round Hill Round Hill Districts High School: Middle School: Elementary School: James Wood Frederick County Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 238.96± RA District B2 District — Tax Map Parcels 52 -((A)) -C, 52 -((A)) -50A, 52-((A))-52 and 52-((A))-6: 131.06± RA District MS District — TM Parcel 52-((A))-50 370.02± i Total Acreage to be rezoned I 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family Non -Residential Lots: Mobile Home: Hotel Rooms: The Continuing Care Retirement Community will have a mixture of independent living units, assisted living units, and skilled nursing units proffered at a maximum density of 8 units per acre. Square Footage of Proposed Uses Office: 494,600 Service Station: Retail: 583,050 Manufacturing: Restaurant: Warehouse: Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Date: ZLnLo Owner (s): ��'�d ate:A/4 Lc�c—( Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Silver Lake, LLC (Phone) (540) 662-7215 (Address) 13 South Loudoun Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 090001536 on Page Deed Book 927 on Page 1591 Deed Book 872 on Page 318 and is described as Parcel: 52 Lot: 50 B1ock:A Section: & Parcel: 52 Lot: C Block: A Section: Parcel: 52 Lot: 50A Block: A Section: Parcel: 52 Lot: 52 Block: A Section: & Parcel: 52 Lot: 63 Block: A Section: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. u�y In witness thereof, Ie) have hereto set my (our) hand and seal thisJOUay of" / 200 Signature(s) State of Virginia, C,4VCounty of@ L�, To -wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this dayof c\,, � 200J My Commission Expires: l ry-,U80i�01 b otary PutJjN[Y GROVE NOTARY PUBLIC Commonwealth of Virginia .BOUNDARY LINE ADJUSTMENT PLAT 0 9 0 0 0 3 6 OF THE LAND OF SILVER LACE, LLC GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 15, 2008 0��0 6p4� k �O 1 .:_---------------- SITE �� .. ��p � 6, FSTER�►r �,��' WINCHESTER so F �P� VICINITY MAP 1" = 3000" OWNERS CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LAND OF SILVER LAKE, LLC-, AS APPEARS ON THIS PLAT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND IF ANY. `TRUSTEES, SILVER LAKE, LLC, BY`— mQna qJ' `00 COMMONWEALTH OF VIRGINIA ..`P�� JARq��,,; ; CITY / COUNTY OF TO WIT. '�. 'NOTARY -� PUBLIC THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED ' REG. #1eao98 :* = BEFORE E THIS 07 8 DAY OF 2041 = = MY COMMISSION : Q IXPIR S BY lLry ie �' / lJi C (�, tix 4 S� �i� •.•' �Q�� %w A LT" pFA� MY COMMISSION EXPIRES 4tt .3I 20o9 REGISTRATION No. LP -V099 ��NOiRYPUB�LIC� NOTE: PARENT TAX PARCEL IDENTIFICATION (i) SILVER LAKE, LLC T.M. 52—A-50 206.613 ACRES ZONE.RA USE. VACANT (ii) SILVER LAKE, LLC T.M. 52—A—C 89.0971 ACRES ZONE. RA USE.- VACANT SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO SILVER LAKE, LLC (i) BY DEED DATED JANUARY 1, 1999 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE IN DEED BOOK 927 AT PAGE 1591 AND (ii) BY DEED DATED DECEMBER 31, 1996 OF RECORD IN SAID CLERKS OFFICE IN DEED BOOK 872 AT PAGE 318. J ON G. BLY, L. S. APPROVALS.- REVISED MARCH 2, 2008 �. �,I,TH OF G FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DA TE N C. BLY Lic. No. 2619 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 SUR., Surveyors ors Telephone: (540) 662-4185 FAX: (540) 722-9528 4928N SHEET 1 OF 7 Founded in 1971 www.greenwayeng.com BND 08-02 f TM 52—A-51 J ROY J. BLACK, ET UX DB. 559 PG. 688 ZONE. RA USE RES. (1 AC) ❑D TM 52—A-53 BERNARD L. & CAROLYN R. TURNER DB. PG. ZONE. 62 USE: RES (2 AC) ❑ G TM 52—A -50A SILVER LAKE, LLC DB. 927 PG. 1591 ZONE. RA USE RES (11 AC) ADJOIN/NG OWNERS ©TM 52—A -51A TM 52—A-52 STEPHEN M. SPA/D, ET UX ❑ SlLVER LAKE, LLC INST. NO. 070010288 DB 872 PG 318 ZONE: RA ZONE. RA USE RES (1 AC) USE. RES. (8 AC) ❑ TM 52—A-63 SILVER LAKE LLC DB 872 PG 318 ZONE. RA USE' RES (55 AC) ❑TM 52—A-56 JAMES A. BAYLISS DS 631 PG 638 ZONE. RA USE' RES (1 AC) H TM 52—A-49 TM 53—A-69 ❑ FRUIT HILL ORCHARD, INC. In FRUIT HILL ORCHARD INC. DB 546 PG 194 DB 296 PG 302 ZONE. RA ZONE: RA USE: AGR. (9 AC) USE: AGR. (121 AC) ❑J TY FRUIT HILL 7ORCHARD INC. FRUIT HILL ORCHARD, INC. ❑ WINCHESTER INST. NO. 020020744 DB 848 PG 1208 WAREHOUSING, INC. AND ZONE. RA ZONE.- RA SILVER LAKE, LLC USE: AGR. (30 AC) USE- AGR. (73 AC) INST. NO. 030016328 ZONE. 82 USE.• RES (28 AC) NOTE 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON 1S BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. LEGEND AREA TABULATION TM 52—A-50 (ORIGINAL) = 206.6130 ACRES O = PROPERTY MONUMENT TO TM 52 A—C = —87.5379 ACRES FROM TM 52 A—C = 11.9841 ACRES =CENTERLINE OF ROADWAY ADJUSTED TM 52—A-50 = 131.0592 ACRES _ INGRESS—EGRESS EASEMENT TM 52 A—C (ORIGINAL) = 89.0971 ACRES TO TM 52—A-50 = —11.9841 ACRES FROM TM 52—A-50 = 87.5379 ACRES ADJUSTED TM 52 A—C = 164.6509 ACRES BOUNDARY LINE ADJUSTMENT PLAT REVISED MARCH 2, 2008 OF THE LAND OF pyTH 0 SILVER LAKE, LL.0 GA/NESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY VIRGINIA--�� r r ��N G. B11 SCALE:` IVIA DATE: FEB. 15, 2008 Lie. No. 2619 GREENWAY ENGINEERING, mc. e --oo o� 151 Windy Hill LaneEngineers Winchester :07Surveyors , V ginia 22602 S U Rv Telephone. (540) 662-4185 FAX: (540) 722-9528 4928N SHEET 2 OF 7 Founded in 1971 www.greenwayeng.com BND 08-02 d CD TM 41—A-170 w � FRUIT HILL ORCHARD INC. a� DB. 341 PG. 47 TM 52—A-47 z m ZONE. RA ROBERT N. CARPENTER, D n USE -- AGR. (274 AC) ET = z \�' \ DB. 551. PG 600 N A� O9 O ZONE. RA z USE.• AGR. (157 AC) "' h� p�QG PGl o` klob l�h ' � 13 �J�00 tipPp� OPV ,ado ,00.9\16 / 14 l BRA / ADJUSTED Th -9 52-A-50 SILVER LAKE, LLC 131.0592 ACRES DB. 927 PG. 1591 ZONE' RA USE- VACANT 42 so. -o� 9R7 D3 872 PG. 318 N a m 21 20 600 0 600 GRAPHIC SCALE (lN FEET) BOUNDARY LINE ADJUSTMENT PLAT REVISED MARCH 2, 2008 OF THE LAND OF TH OF D SILVER LAKE, LLC GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, I/IRGIN/A LY Ba SCALE." I" = 600' DATE FEB. 15, 2008 N G. Lic. No.. B 19 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane �r Survn ors Winchester, Virginia 22602 d S U R' Telephone: (540) 662-4185 FAX: (540) 722-9528 4928N SHEET 3 OF 7 Founded in 1971 www.greenwayeng.com BND 08-02 C C _LEH ADJUSTED of TM 52-A-50 � 17 0 018/ r, y SILVER LAKE, LLC _o 10' BRL 131.0592 ACRES DB. 927 PG. 1591 a ZONE- RA USE. VACANT / o 0 500 0 500 ECJ // m 19 0 60' BRL E4 / ES (66.52 ) GRAPHIC SCALE E3 / (IN FEET) \ / EC4 DOT SHADED AREA / DENOTES A 110' WIDE / f:._. e -f" INGRESS/EGRESS / /� ✓/ EASEMENT HEREBY ! ESTABLISHED L (SEE SHEE 4). / A/ �o_ EC2 ADJUSTED i Ta! 52 A—C SILVER LAKE, LLC 164.6509 ACRES / DB. 872 PG. 318 / ZONE. RA USE. VACANT P / Bl�L 01 0� 200' BRL ® JID �-25 L 1 o / m 6� BR� 21 ® 31 � 7pp• BRL � 30 p 10/ 29 28_�// 22 27 B 0 O 23 / /Avp- ne re N pIKE 32 :. GG El G�1fE 5 ; .�N�l• G''0 610 R/11 �13:` _ : �R US LE W1� F ( L2 009 L1 (55.43) 2 1 EASEMENT CURVE DATA LINEDISTANCE BEA�IN�n L l` S E L2 S 66'17'37" E 122.41' EASEMENT UNE QATA LINE BEAR/NG DISTANCE El N 16'3342D E 356.87' E2 N 4123'03" E 917.67' E3 S 76'55'55" E 301.90' E4 S 32'4641 "E 292.01 ' E5 S 71'36"18" E 292.17' CURVE RADIUS DELTA ANGLE ARC LENGTrl TANGENT CHORD BEARING CHORD LENGTH EC 1 800.00' 24'49 22" 346.59' 176.06' N —28'58'22- E 343.89' EC2 1400.00' 61'41 102" 1507.22' 835.96' N 72'13'34'° E 1435.48' EC3 880.00" 44'09'13' 678.15' 356.92" S 54'51'18" E 661.50' EC4 880.00' 38'4937" 596.34' 310.13' S 52'1130" E 584.99' BOUNDARY LINE ADJUSTMENT PLAT OF THE LAND OF SILVER LAKE, LLC GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA REVISED 'MARCH 2, 2008 TH OF v ON G. BLY 'c. No. 2619 S URQ SCALE.:'1 " = 500' DATE FEB. 15, 2008 GREENW Y ENGINEERING, 151 Windy Hill Lane Survn ors Winchester, Virginia 22602 Telephone: (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 www.greenwayeno co.w INC. 49281V SHEET 4 OF 7 BND 08-02 Rouri Dill Community Land Use Plan N WP f� SS i I Feet 0 750 1,500 Proposed Traffic Signal Proposed Collector Roads Streets Primary Rds Secondary Rds Terciary Rds Winchester Rds railroads Lakes ^�- Streams QParcels Park Urban Development Area swsa Business Community Center Frederick County Dept of Planning & Development 107 N Kent St Winchester, VA 22601 www.CO.FREDERICK.VA.US Adopted November 14, 2007 Round Hill Community Land Use Pian N WO. S Feet 0 750 1,500 Proposed Traffic Signal Proposed Collector Roads Streets 0—**� Primary Rds Secondary Rds Terciary Rds Winchester Rds railroads Lakes ^ti ^ Streams Q Parcels Park *30 Urban Development Area zo; ,, swsa Business Community Center Frederick County Dept of Planning & Development 107 N Kent St Winchester, VA 22601 www.CO.FREDERICK.V,4.US Adopted November 14, 2007 Round Hill Community .and Use Plan 2007 (Adopted by the Board of Supervisors on November 14, 2007) Guiding Principles The Round Hill Community has two distinct areas, the long established Round Hill Rural Community Center focused around Round Hill Road (Route 803) and the developing connrnercial area along Route 50 (Northwestern Pike). This plan encompasses both of these areas. The plan has two primary goals - first, to protect and enhance the character of the established rural community center and second, to create a vibrant, functional and well-designed commercial center. While the two areas are distinct, this plan seeks to link them by efficient roads and multi-purpose trails and sidewalks and to locate a park and other public facilities in the Round Hill Community for the benefit of both the residents and the workers. As with previous versions of the Round Hill Community Land Use Plan, a key goal of this plan is to provide public sewer and water access for the existing residents of the Round Hill community. Land Use Round Hill Rural Community Center The core of the long established Round Hill Rural Community Center consists primarily of residences. In the past, a number of small businesses have been located in the core area, but few of these remain today. The development pattern established in the Round Hill Rural Community Center consists of both small lots along Round Hill Road, Poorhouse Road, Woodchuck Lane and other roads, and the larger lots and small farms on the periphery. Both residential patterns should continue. The farms and large lots on the periphery of the Round Hill Rural Community Center should be maintained to preserve the rural character. In order to further preserve the existing character of the area, no part of the Round Hill Rural Community Center should have high density housing. Most residential lots in the Round Hill Rural Community Center are less than one-half acre. These residential lots contain single family detached housing on wells and septic with reduced front yard setbacks. This historic development pattern cannot be accommodated within the existing RA (Rural Areas) Zoning District, which allows one residence for every five acres and _requires primary and reserve drainfield areas. A new zoning district should be created to accommodate infill development that is in character with the area. Such a district should address housing types, lot sizes and setbacks. The new zoning district should also address design standards for street trees, curb -side parking, signage, lighting and underground utilities. The new -1- zoning district could allow for modest commercial/retail uses (with discreet signage) to serve surrounding residents. In recent years, new residential development in Round Hill has been limited due to private health system requirements. Expansion of the Sewer and Water Service Area (SWSA) in 2006 has given the opportunity for some existing residents to connect to public water and sewer, at the property owner's expense. Once a new zoning district is adopted to accommodate in -fill development, the County will need to re-examine the SWSA boundary to determine whether any other areas in the Round Hill Rural Community Center should be enabled to connect to public water and sewer services. Rezonings to the new district should not be allowed prior to the availability of public water and sewer. Developing Commercial Areas Commercial, medical support, medical offices, educational, and public use development are important components of the Round Hill Community Land Use Plan. Historically, highway commercial uses have located along Route 50 (Northwestern Pike). These uses include gas stations, car dealers, restaurants and small retail establishments. Some of these uses still exist. In more recent years, Round Hill Crossing (including the large Wal-Mart center) has begun to develop on the nor'ih side of Route 50. This 70 acre site will ultimately accommodate retail, restaurant and business development. The Winchester Medical Center — West Campus, with 102 acres to the east of Round Hill Crossing, has both a retail component along Route 50 and a medical component. The northern portion of the Medical Center's West Campus is zoned MS (Medical Support) District. Together these two large developments have changed the nature of land development along Route 50. Large-scale commercial development is now a dominating presence in the Round Hill Community. Growth and development should be carefully planned to take advantage of the close proximity of the Winchester Medical Center. Two distinct types of commercial development are evolving in the Round Hill Community— a general commercial area along both sides of Route 50 and a medical support and education area located on the north side of Route 50. The general commercial areas already under development on both sides of Route 50 function as a gateway to and from the City of Winchester. Therefore, an objective of this plan is to create an attractive, functional commercial area and to prevent the creation of a typical commercial strip. Consolidated entrances are strongly encouraged to avoid multiple -entrances along Route 50. Inter -parcel connections will be necessary for the small lots to develop. Standards have already been developed that will minimize the visual disruption to the Route 50 corridor (see Figure 13A). These include standards for shared entrances, inter -parcel connectors, green spaces along Route 50, screening of parking areas, screening between commercial properties and existing residences, size, number and location of signs, underground utilities, and landscaping. These standards strongly discourage individual business entrances both for aesthetic reasons as well as for transportation safety and efficiency. Major commercial establishments should connect to Route 50 at signalized intersections. -2- A continuation of the general commercial area is planned in the vicinity of Ward Avenue and Stonewall Drive. As this area redevelops, new developments will be expected to follow the Route 50 standards (Figure 13A) that apply to small parcels on the south side of Route 50. Consolidation of these small parcels is the key to redeveloping this area. A minor collector road, to join Round Hill Road (Route 803) and Ward Avenue, is planned to fumlel traffic to two key intersections on Route 50. FiLmre 13A Desi, -,n Principles Encouraged for the Round Hill Route 50 Corridor Street trees in the median, along both sides of the ditch; Freestanding business signs — one monument style sign per development (Maximum size - 50 feet, maximum height — 12 feet); Crosswalks at signalized intersections, with signals for pedestrians; Interparcel connectors required between all properties planned for commercial development (even if currently zoned RA and used for residential purposes) to encourage shared entrances; Commercial entrance spacing — Commercial entrances are strongly discouraged on Route 50. If no other alternative exists, entrance spacing - 200 feet if speed limit is 35 mph or less, 250 feet if speed limit is greater than 35 mph; A row of evergreens in addition to the ordinance -required buffer and screening adjacent to areas planned to remain residential; Underground utilities; Placement of buildings close to Route 50 with landscaped parking lots in the rear; North side of Route 50: 50 foot landscaped strip, within the landscaped strip a ten foot asphalt bike and pedestrian trail, ornamental shrubs and street trees along Route 50; South side of Route 50: 50 foot landscaped strip (20 feet for small tracts), within the landscaped strip a five foot concrete pedestrian sidewalk, ornamental shrubs and street trees along Route 50; Due to its close proximity to the Winchester Medical Center, the north side of Route 50 offers a unique opportunity to accommodate medical support, medical offices, educational, public use, and commercial uses. Therefore, the Round Hill Community Land Use Plan should provide for large campus style development of the north side of Route 50 for medical support, medical office, educational, public use, and commercial uses. A number of large open tracts of land exist in this location. The campus style development should provide for boulevard street designs, street trees, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. In order to minimize areas of impervious surface, decked or structured parking or increased building heights may be warranted. High quality building designs and materials are expected. Small plazas at the building entrances or in the center of a group of buildings are suggested. Site -3- design standards are expected to exceed those established for the Route 50 corridor (Figure 13A). Coordinated signage, lighting and street fi -niture are sought. All of the commercial areas in Round Hill should provide commercial services and employment opportunities that are accessible to the residents within the Round Hill Rural Community Center via alternative modes of transportation, such as pedestrian and bicycle facilities. Enhanced accessibility is anticipated through the connection of such areas to the existing residential areas by a network of multi-purpose trails, sidewalks and intersections with pedestrian actualized signals. Transportation The County's Eastern Road Plan and the Win -Fred Metropolitan Planning Organization (MPO) 2030 Transportation Plan call for Route 50 to be improved to a six -lane minor arterial road between Route 37 and Poorhouse Road (Route 654). West of Poorhouse Road, Route 50 is plamied as a four -lane minor arterial. Sidewalks are planned on the south side of Route 50 and multi-purpose trails on the north side. Developments along Route 50 will be expected to incorporate these road improvements. A north/south collector road, parallel to Route 37, is included in the Route 37 West Land Use Plan. This road is also incorporated into the County's Eastern Road Plan. A section of this road, Botanical Boulevard, is being built with the Winchester Medical Center — West Campus development on the north side of Route 50. Should properties further to the north develop, this road should eventually connect to Route 522 (North Frederick Pike). An east/west collector road, parallel to Route 50 is also included in the Eastern Road Plan. A section of this road, Petticoat Gap Lane, has been proffered with the Round Hill Crossing development. This road is envisioned as an urban divided four -lane cross-section that includes landscaped medians, controlled left turns, street trees, and pedestrian and bicycle facilities, to enhance transportation on the north side of Route 50. Development proposals will need to accommodate the continuation of this collector road. The location shown on the plan is general, with the precise location of the east -west collector road remaining flexible. A new north/south major collector road is planned through the Winchester Medical Center -West Campus that will serve the West Campus and provide access to the future Route 37 interchange located north of Round Hill. While this road is envisioned as an urban divided four -lane road that includes landscaped medians as well as pedestrian and bicycle facilities, it may initially be built as a two-lane road because development to the north may not occur for many years, if at all. The location shown on the plan is general, with the precise location of the north -south collector road remaining flexible. Vehicular management access is recommended throughout the Round Hill Rural Community Center, particularly along Route 50. A six lane arterial road should not include multiple access points. Ideally, primary vehicular access should be limited to four signalized intersections along Route 50 with additional commercial entrances planned at appropriate intervals to facilitate safe and efficient traffic movement. �4- Noted throughout this plan is the requirement for alternative modes of transportation, such as pedestrian and bicycle facilities. The plan calls for an interconnected system of multi-purpose trails and sidewalks. It is critical that these alternative modes of transportation link the entire Round Hill Rural Community Center A future Winchester Medical Center internal road over Route 37 should provide a sidewalk and trail for bicycle and pedestrian access. The County should also encourage the extension of existing bus routes to serve the area. Ideally, bus stops should be located at all of the commercial centers. The development of new road systems, new signalization and improvements to existing road systems are all elements of this plan. It will be the responsibility of private property owners and developers to ensure that these improvements are made. No rezonings should be approved until the County is certain that the transportation impacts of development will be mitigated and the improvements facilitate the goals of the Comprehensive Policy Plan. As with all areas of the County, Level of Service "C" should be maintained on roads adjacent to and within new developments. .nvirnnmpnf A number of environmental features are found in the Round Hill Commiunity. The area is dominated by two major natural features — Round Hill itself, which is west of Poorhouse Road and a north/south ridgeline. The ridgeline, west of Round Hill Crossing, is highly visible and should be sensitively developed. Ponds, streams and floodplams are present and will need to be taken into consideration so as to minimize and/or mitigate negative impacts with any future development. These natural areas provide an obvious location for a trail system. Historical Resources Round Hill is one of the older settlements in Frederick County. The original village was located at the base of Round Hill. The community today includes a small number of eighteenth and nineteenth century dwellings. Approximately 30 late -nineteenth century and early -to -mid twentieth century houses, primarily American Foursquares and I -houses are located in the area. The mid -nineteenth century Round Hill Presbyterian Church and the early -twentieth century Round Hill School (now used as a residence) are also located in this community. Protection of these historic structures is encouraged. Public Utilities A fundamental issue for the development of Round Hill has been the provision of public water and sewer. Development of the area is dependent on the availability of appropriate infrastructure. The Sewer and Water Service Area (SWSA) has been expanded to portions of the Round Hill Rural Community Center several times in recent years. This plan does not recommend rezoning land within the Round Hill Rural Community Center for commercial development prior to the availability of central sewer and water. It is also recommended that as land is developed over time and infrastructure extended, that new developments further the goal of providing sewer and water to the core residential area of the Round Hill Rural Community. -s- Future development should facilitate the availability of sewer and water in two ways — the sizing of utility pipes to insure capacity for all of the Round Hill Rural Community Center, and providing utility easements so that adjacent property owners have the ability to extend and connect to public water and sewer. The Round Hill area will ultimately be served by two wastewater treatment plants. The area immediately west of Route 37, including Winchester Medical Center — West Campus and Round Hill Crossing are currently served by the Opequon Water Reclamation Facility. The transmission lines serving this facility have limited capacity. Therefore, future development south of Route 50 and also west of Round Hill Crossing are planned to be served by the Parkins Mill Wastewater Treatment Plant. An expansion of the Parkins Mill Plant has been designed and the expanded plant should be operational in 2009. Adequate wastewater capacity to serve the Round Hill Rural Community Center should be available by 2010. Future development proposals will need to demonstrate that sufficient sewer capacity exists. Water lines exist on Route 50 in the area of Round Hill Crossing and the Winchester Medical Center — West Campus. These water lines have sufficient capacity to provide the volume of water identified in the Round Hill Community Land Use Plan; however, they do not have sufficient pressure. To provide adequate pressure, existing line pressure will have to be boosted and water storage provided. Public Facilities Public facilities to serve new development in the Round Hill Community may be required in the future. It will be necessary for future development to provide a site for such public facilities. The Round Hill Volunteer Fire & Rescue Company, in particular, is in need of a site for a new facility. Parks The Round Hill Community has one neighborhood park, at the Round Hill Volunteer Fire & Rescue Station. A children's play area is maintained by the Frederick County Department of Parks and Recreation and the fire company maintains a ball field. The scope of this park could be expanded, possibly with the relocation of the fire station. The commercial, medical support, and institutional land uses north of Route 50 should include a new park, ideally in the area of the large pond. This park would be visible from Route 50 and could serve as the visual focal point of the entire Round Hill Community. The park should be a passive recreational facility with trails, benches and outdoor eating areas. The park should be designed to serve both onsite workers and residents of the Round Hill Rural Community Center. A linear trail could also link this park to the smaller pond to the north. The Park's trail/sidewalk network should be the interconnected trail system as described in the transportation section. Consideration should be given to establishing a trail along the ridgeline between Route 50 and- Route ndRoute 522 and a trail at the southern edge of the Round Hill Community to link to the Green Circle in the City of Winchester. -6- Development Impact Model. On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 25, 2008. The DIM projects that, on average, residential development has a negative fiscal impacts on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after June 25, 2008 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $23,818 Town Home Dwelling Unit = $16,965 Apartment Dwelling Unit = $ 8,975 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $742 $547 $557 General Government $0 $0 $0 Public Safety $0 $0 $0 Library $481 $368 $368 Parks and Recreation $2,331 $1,782 $1,782 School Construction $20,265 $14,268 �W $6,268 Total $23,818 $16,965 $8,975 A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/25!08 13 • C� C� COUNTY of FREDERICK Department of Planning and Development MEMORANDUM I738 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner - Subject: Discussion— M1 Zoning District Changes to Address Accessory Uses Date: March 2, 2009 5401665-5551 FAX: 540/665-6395 In December 2008, the Frederick County Board of Supervisors approved revisions to § 165-26 which addresses Secondary or Accessory Use requirements in the Zoning Ordinance. These new standards prohibited accessory retail in the M1 and M2 Zoning Districts. While taking this revision through the public process, the actual M1 regulations were not updated to reflect the accessory use standards. Therefore, this ordinance revision has been prepared to strike accessory retailing from the M1 permitted uses (this will also cover the M2 District). Another change being proposed with this ordinance revision is to modify the text as indicated on page two of the attachment. SIC uses 37-39 were indented and appear to be excluded uses; however, these uses are permitted and the text needs to be adjusted. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on February 27, 2009. The DRRC understood that the proposed ordinance revision presented was to update the Ml District to be consistent with previously approved updates. The DRRC recommended approval of the changes and recommended it be sent to the Planning Commission for discussion. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Proposed Ordinance Revision — Article X - §165-82E CEP/bad 107 North Kent Street., Suite 202 ® Winchester, Virginia 22601-5000 Attachment 1 Ml Revisions ARTICLE, X Business and Industrial Zoning Distriets E. MI -Light Industrial District. The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access. Standard Industrial Classification Allowed Uses (SIC) Landscape and horticultural services 078 Offices and storage facilities for building construction 15, 16 and 17 contractors, heavy construction contractors and special trade contractors Manufacturing as follows: - Dairy products 202 Canned, frozen and preserved fruits, vegetables and 203 soup mixes Bakery products 205 Sugar and confectionary products 206 Bottled and canned soft drinks and carbonated water 2086 Flavoring extracts and flavoring syrups 2087 Miscellaneous food preparations and products, 209 excluding the following: Canned and cured fish and seafood 2091 Fresh or frozen fish and seafood 2092 Textile mill products 22 Apparel or other finished products made from fabrics 23 and similar material Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242 Wood preserving 2491 Furniture and fixtures 25 Paperboard containers and boxes 265 Converted paper and paperboard products, except 267 containers and boxes Printing, publishing and allied industries 27 Drugs 283 Rubber and miscellaneous plastics products 30 Concrete block and brick and related products 3271 Fabricated metal products, excluding the following: 34 Coating, engraving and allied services 347 Ordinance and accessories 348 Attachment 1 M1 Revisions Industrial and commercial machinery and computer 35 equipment Electronics and other electrical equipment and 36 components, excluding the following: Storage batteries 3691 Primary batteries 3692 Transportation equipment 37 Measuring, analyzing and controlling instruments; 38 photographic, medical and optical goods, and watches and clocks Miscellaneous manufacturing industries 39 Local and suburban transit and interurban highway 41 passenger transportation Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including 48 telephone, telegraph, radio, television and other communications Electric, gas and other utility facilities and offices and 49 trucking and warehousing [Amended 8-24-20041 Wholesale trade - Advertising specialties — wholesale [Added 8-24-20041 5199 Restaurants 58 Linen supply [Added 8-24-2004] 7213 Dry-cleaning plants [Added 8-24-20041 7216 Business services 73 Outdoor ad services [Added 8-24-20041 7389 Automobile recovery service [Added 8-24-20041 7389 Automobile repossession service [Added 8-24-20041 7389 Exhibits building of by contractors [Added 8-24-20041 7389 Filing of pressure containers (aerosol) [Added 8-24-20041 7389 Gas systems contract conversion from manufactured 7389 to natural gas [Added 8-24-20041 Produce weighting service [Added 8-24-20041 7389 Salvaging of damaged merchandise not engaged in sales 7389 [Added 8-24-20041 Scrap steel cutting [Added 8-24-20041 7389 Truck rental and leasing, without drivers [Added 2-7-19951 7513 Tire retreading [Added 5-13-19921 7534 Welding repair [Added 8-24-20041 7692 Agricultural equipment repair [Added 8-24-20041 7699 Boiler cleaning and repair [Added 8-24-20041 7699 Cesspool cleaning [Added 8-24-20041 7699 Coppersmithing [Added 8-24-20041 7699 Engine repair [Added 8-24-2004] 7699 Attachment 1 M1 Revisions Farm machinery and tractor repair [Added 8-24-20041 Industrial truck repair [Added 8-24-2004] Machinery cleaning [Added 8-24-2004] Measuring and controlling instrument repair; mechanical [Added 8-24-20041 Meteorological instrument repair [Added 8-24-20041 Precision instrument repair [Added 8-24-20041 Repair of optical instruments [Added 8-24-20041 Repair of service station equipment [Added 8-24-2004] Scale repair service [Added 8-24-2004] Septic tank cleaning service [Added 8-24-2004] Sewer cleaning service [Added 8-24-2004] Tank and boiler cleaning service [Added 8-24-20041 Tank truck cleaning service [Addeo 8-24-20041 Tinsmithing [Added 8-24-2004] Vocational schools Business associations Professional membership organizations Labor unions and similar labor organizations Engineering, accounting, research, management and related services Testing laboratories [Added 8-24-2004] General business offices, including corporate government or other offices not providing services to the general public on a regular basis as the primary use 7699 7699 7699 7699 7699 7699 7699 7699 7699 7699 7699 7699 7699 7699 824 861 862 863 87 8734 *' Public buildings - Public utility distribution facilities - Business signs - Signs allowed in § 165-30B [Amended 2-13-2008] - Freestanding building entrance signs [Amended 2-13-20081 - Multi -tenant complex signs [Added 2-13-2008] - Electronic Message signs [Added 2-13-2008] - Residential uses which are accessory to allowed business uses - Parks _ Regional criminal justice, enforcement and detention - facilities for Frederick County, Clarke County and the City of Winchester Industrial launderers [Added 6-9-19931 7218 Truck or fleet maintenance facilities [Added 6-9-19931 - Self-service storage facilities [Added 12-11-19961 - Flex -Tech [Added 2-11-19981 - Fire stations, companies and rescue squads [Added 10-27-19991 - MEMORANDUM To: Frederick County Planning Commission COUNTY of FREDERICK DERICK Deport*r-ent of Planning and Development 540/665-5651 From: Candice E. Perkins, AICP, Senior Planner 04 Subject: Discussion— Frederick County Regional Landfill Scalehouse and Scales Date: March 3, 2009 FAX: 540/665-6395 At the March 18, 2009 Planning Commission meeting, staff will present the site plan for the Frederick County Regional Landfill Scalehouse and Scales. This site plan is for the construction of a new Scalehouse, as well as the addition of two new weight scales to replace the existing scales at the existing Regional Landfill located off of Sulphur Springs Road in the Shawnee Magisterial District. In accordance with Section 15.2-2232 of the Code of Virginia, projects involving public facilities are brought before the Planning Commission prior to site plan approval; the review confirms that the project is consistent with the Comprehensive Plan. Action on the site plan is not required, but input from the Planning Commission is being sought. A smaller version of the site plan is attached for your information. A representative from the Frederick County Public Works Department will be present during the Planning Commission meeting. Please contact me if you would like to see the full version, or if you need any additional information. CEP/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 f:OFTiPERMIASTEp LIMITS n r !� r r .at I \YI uc Na m3vn > PERMITTED LANDFILL AREA "ol 0 20 40 60 J 1 ~ •.., _ SCALE IN FEET t , �� .,e,, _ . - " . v�, �` i'• ; GENERAL NOTES: I -t / /." = ON ON YARD PIPING, ' sr ��D"°�t. / 1- FOR INFORMATION NG Q o .....-- s ,.._.__ _ / `,,: ; .-._. / �•`� �f � � SEE SHEET C3. � r i .,,� '_ F > '• .m � "` k�.� / /. r r"- 2 FOR INFORMATION FOR ROADS, SEE x , SHEE4. R C SCALE FOUNDATION DESIGN, SEE SHEET Sl. F BRICK UP EXISTING INLET CI 0. RETAINING WALL SEE SHEET zo P a /f,! WHERE PIPE IS REMOVE <A! 5. PROVIDE CONCRETE PAD FOR iRM y '£ s1�a - ♦ a ~gj` - BACKUP GENERATOR PER GENERATOR W 0 2`+ MANUFACTURER'S RECOMMENDATIONS. 8 .as rr * AT A MINIMUM PAD SECTION SHALL BE a 6_ NEW SIDEWALK PROFlLE, SEE f E...71596200 1 o r I- / VDOT MANHOLE O 12' VDOT GUARDRAIL-SEE FOR DETAIL iy P� z LEGEND W NEW EDGE A�' r'i s �4 �� — 630— a PAVEMENT`"" 2 �, f• a PROPOSED - TOUR NEW VDOT Dl 7 �� 626— PROPOSED 2-FT CONTOUR RETAINING WALL �� /t i-' EXISTING 1�FT CONTOUR z -..- EXISTING 2- CONTOUR ¢ ❑ EW VDOT.. DI-1 EL z U N <.,k� I EXISTING ROAD a VDOT DI-5 CENTERED. 6�/i!� �// FILL IN DEPRESSION TO ~ PROPERTY UNE W Cr _.._ ON' CHANNEL ALLOW POSITIVE NEW ROAD v7 DRAINAGE TOWARDS _ l . — • - LIMITS OF WASTE ❑ U) ROAD LIMITS OF DISTURBANCE Z \^ NEW OUTBOUND. SCALE- - // S2 6 T a •' ` _ W _,_._ EXISTING WATER PROPOSED UNE O O - ''_..._RET "ING..WA /J X33$-:;.-' 626.3 2 j. -STORM WATER PIPE J U 827-0' NEW EDGEOF a AVEM SEWER UNE N r CONNECT 4 ESANITA,RY SEWER PIPE TO EXISTING STORMWATF<? INLET "REMOVE PROPOSED SEPTIC J - LL o : U TANK AND CONNECTING PIPE ' i //` : E 4" PIPE WITH WYE CONNECTION A MINIMUM OF p STORMWATER MANHOLE L~i 'o FROM PROJECT ' ' ' M 15-FT FROM TANK:-- INVERT ELEVATION = 62353 m a O ' r 627.92. Ml MANHOLE $ ACK UP 11 INLET i ' _ FF FINISHED FLOOR ELEVATION cn :; -6Z� CMP CORRUGATED METAL PIPEAREA, SEE NOTE,5 Y GENERATOR STRIPED CROSS-WALK WATER UNE f DI DROP INLET - NNE EXISTING ti , MH MANHOLE O VDOT MANHOLE / * �, FlF1D--OETERMINESSIZE MATERI AND ® 626.33 PROPOSED SPOT ELEVATION NEW SCALEHOUSE, NEW DEWAUC LOCATION OF EXISTING WATERLINE. o 0 SEE SHT Al FOR V% t F SADDLE BRANCH OR TEE CONNECTION ' Z U W N . ::-: : - 626-3 'V `b AND ASPHALT PAVEMENT `- HDPE STORM DRAIN Iii, FLOOR PAPPROPRIATE n p ❑ 1 Q `� _.,.. ® ELEVATIONS r� 2 O pp F > AS NEW INBOUND-E)q ER ❑ u� LL _ - w i \�� OFFICE. BUILDING 1 OR SIDEWALK P 3.67' SCA „ EXISTING d u - /' SCALE�I USE/LAND5ILL ? y APPROACH SLAB PER SHT Y L� w P 1, // CE'B UOYw \ + S PER Or VDOT DI-1 AT I ,' ! ❑ 4 N LLI Z o Z FOR ROAD DITCH TYPICAL W r - LJU CROSS-SECTION,. SEE 7/ LOW POINTIr y' J. - E U_ F- !Q it '• �:,.-,r,:'��- '; `/i- .,,.J a 'r RETAINING WALL'Q /' b LU ❑ E i J 12' VDOT GUARDRAIL, BOTH SIDES, SEE SHT-C9 FOR DETAIL % ,J F630 s :.........j :;.-. F /i :•:-:•: • -:- • �sr -.;:: ,-- ` COUPLE TO AND EXTEND 150 Cml' BEYOND / �: ` PERMITTED LIMITS e _ do 3 W /i i ;.:- - :- - ` / WASTE z� v /± 10 NEW PAVEMENT EDGE IJJ Nom¢^ Z W W f, 's ate_ NEW EDGE OF • r E P - VDOT, ENDWALL • �/' u -,PAVEMENT---- 0 . A > � W VEMENT i - / .. EDGE "0F EXISTING--` °a a �n TRANSITION NEW, ROAD DITCH TO / PAVEMENT C? >> / EXISTING ROAD DITCH /' FOR NEW'PAVEMENT CONNECTION TO _ __.... f _ ` .+E 115-,5900 EXISTING PAVEMENT, SEE 7 ..'... -"" - 11 G SH n ' o OCTOBER 2008 E 595900 ♦ CO2 SITE AM � - o # YP V) n 0 f.: SCALF, `', AS SHOWN Z 7,- 1 IX2AN7NG NO. !/fit '' ✓y // - ,, ' ' \. hl"i I - - of 22 COUNTY of FREDERICK Department o Pianning and Development 540/665-5651 FAY: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director Pv/ SUBJECT: 2009 Planning Commission Retreat Summary DATE: March 4, 2009 Thank you for participating in the 2009 Planning Commission Retreat on January 31, 2009 at the Frederick County Public Safety Building. It was certainly a productive day of strategic resource planning and interaction, and staff appreciates your participation. As a follow-up to the day, staff has created a summary of the topics and associated discussions (see the attachments), as well as identified the major planning projects for 2009. In reviewing the day's discussions, as well as input staff has received since the day of the Retreat, the Planning staff is prepared to move forward on the following identified projects during the next year (the complete list of pending projects in attached): 2009 Planning Projects • Review, update, and rewrite of the County's Comprehensive Policy Plan • Route 11 North Land Use Plan • Senseny Road Area Land Use Plan • Develop ordinances to implement the UDA Study — Urban Center and Neighborhood Village • Develop ordinances to implement the recommendations of the RA Study • Evaluate and implement Affordable / Workforce Housing initiatives Staff will continue to work with the Comprehensive Plans and Programs Committee (CPPC) on the re -write of the Comprehensive Policy Plan, incorporating a common positive theme through these long range planning documents. Finishing touches are being placed on the draft updates of the Historic and Environmental sections; the Transportation and Public Facility sections will be next for review. 107 North Kept Street, Suite 202 - Winchester, Virginia 22601-S009 Planning Commissioners 2009 Planning Commission Retreat Summary March 4, 2009 Page 2 Staff is preparing the revised Route 11 North Land Use Plan for a series of community meetings in late spring/early summer. The public comments we receive will be addressed and incorporated, as possible, and a report will be prepared for discussions with the Planning Commission and Board of Supervisors. We would anticipate a product that is acceptable for a public hearing process by late summer or fall of 2009. Once the revised Route 11 North Land Use Plan is finalized, efforts will be shifted towards a Senseny Road Area Land Use Study. This will be the first land use study directed to the Senseny Road area. Recognizing the importance of implementing a pending Rural Areas Study Report and Recommendation, the Development Review and Regulations Committee (DRRC) will immediately consider ordinance amendments that support the recommendations identified in the rural areas report. In 2009, the DRRC will also consider initiatives which address affordable/work force housing, as well as a new zoning district targeted at implementing the Urban Center policies of the UDA Study. This Traditional Neighborhood Development (TND) zoning district will offer new opportunities to the development community. The Planning staff is prepared to tackle these various planning projects, furthering the County's planning initiatives, and accommodating our community's interests. Please contact staff should you have additional projects that you feel warrant incorporation into the County's planning efforts for 2009. Additionally, please contact us should you feel that any of these projects might not warrant the attention we are prepared to provide. Thank you again for participating in the annual Planning Commission Retreat, and guiding the County's planning efforts and work program for 2009. Attachment: 2009 Retreat Summary 2009 Planning Project Prioritization ERL/bad 2 2009 Frederick- County Planning Commission Annual Retreat Meeting Summary Notes Public Safety Building Winchester, VA Saturday, January 31, 2009 Meetinjz Attendees: Board of Supervisors Present: Richard C. Shickle, Chairman; Gary W. Dove, Gainesboro District; Gene E. Fisher, Shawnee District; Charles S. DeHaven, Jr., Stonewall District; Philip A. Lemieux, Red Bud District Planning Commissioners Present: June Wilmot, Chairman, Member at Large; Roger L. Thomas, Vice Chairman, Opequon District; Greg Unger, Back Creek District; Rick C. Ours, Opequon District; Gregory S. Kerr, Red Bud District; Christopher Mohn, Red Bud District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manual, Shawnee District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; County Administration Present: John R. Riley, Jr., County Administrator; Kris Tierney, Assistant County Administrator Frederick County Sanitation Authority Present: Stan Crocket, Board Member; Robert Lowry, Board Member; Richard Ruckman, Board Member, Uwe Weindel, Executive Director, FCSA Other Guests/Attendees: Jesse Moffett, Winchester -Frederick Service Authority Planning Staff Present: Eric Lawrence, Director; Mike Ruddy, Deputy Director -Land Use; John Bishop, Deputy Director -Transportation; Candice Perkins, Senior Planner; Mark Cheran, Zoning Administrator; Dana Johnston, Zoning Inspector Page 2 2009 PC Retreat Summary Planning for our Water and Sewer Demands into the Future Identification Discussion and Prioritization of Water and Sewer Demands Overview: Staff provided an overview of our community's long range land use planning and zoping efforts and associated demands for water and sewer. Utilizing the updated Planning area analysis, staff described current water usage along with Zoning based demand and land use based demand for water resources. The FCSA and staff discussed current water resources and the FCSA provided an overview of their operations. The discussion also included resource identification, conveyance limitations, and projected shortfalls. Potential alternatives to meet these future demands were also discussed. Imscussion Issues and Concerns: m How much water is being used for irrigation? -Very little amount (mostly well driven). • How much water (projected) could we get from Middletown, Stephens City, and Clearbrook Quarries? (See the figures included) • Is Shenandoah River a good solution? Shenandoah River may be or may not be the answer to water supply needs. Quarry and well opportunities west of Town. ® Are there concerns from other localities such as Shenandoah County that we may be using water within their jurisdiction? It's a discussion that has not been addressed but there seems to be no concerns. Regional discussion is warranted. • Why is water at a stalemate in Middletown, why not pump it from Stephens City Quarry? It will be more financially feasible after mining has stopped due to sediment. • Is Berkeley County water supply a good solution for water demand? Berkeley County water supply is also limited and our agreements are based on emergency. Conclusions: • The purpose of this planning study was to document the water supply capabilities of existing sources, to project water demands based on zoning and land use, and to assess existing water sources to meet our needs. There is a need to continue evaluating and developing water supply resource needs through 2040 and beyond. In addition, an implementation plan highlighting when action is needed for recommended alternatives should be developed. The planning period for this effort is from 2008 and may extend beyond 30 years. • There are two key factors used by the FCSA to evaluate water supply alternatives: Effectiveness - The ability to contribute to meeting projected raw water supply deficits, and Cost- The cost associated with design and construction. Once these factors have been addressed, the FCSA identified three alternatives of bringing on line water resources water demands. 1). Increase the amount of finished water from the City of Winchester. 2). Develop a new supplemental supply using Strasburg Quarries and expand Diehl WTP. 3). Develop a new supplemental water supply and construct a WTP at Strasburg Quarry. • Strategic land use planning coordinated with ongoing and proactive water resources supply planning by the FCSA, have the ability to meet the short term and long term water supply needs of the community. Page 3 2009 PC Retreat Summary FCSA Water Supply Effort Planning Commission Retreat 2009 Current Water usage 5,500,000 Zoned Demand Commercial 1,397,695 Industrial 1,425,147 Residential 2,731,200 Total 5,554,042 Land Use Demand Inside Current SWSA 2,279,900 Outside Current SWSA 1,604,000 Tota 1 3,883,900 gpd (2008 average gpd (6mgd peak) Total Zoned Demand + Land Use Demand (Inside SWSA) 7,833,942 Total Zoned Demand + Land Use Demand (Including Land Use Identified Outside current SWSA) 9,437,942 Total Current Water Usage + Zoned Demand Total Current Usage + Zoned Demand + Land Use Demand (Inside SWSA) 13,333,942 Total Current Usage + Zoned Demand + Land Use Demand (Including Land Use Identified Outside Current SWSA) 14,937,942 FCSA Water Supply Effort mgd 5.5 1.4 1.4 2.7 5.5 2.3 1.6 3.9 7.8 9.4 11.0 13.3 14.9 Page 4 2009 PC Retreat Summary Planning Commission Retreat 2009 Current Water Supply 9.2 mgd (7.2 without City) (Normal Conditions) Drought Conditions 6 mgd (5 without City) (Minimum Reliable Yield) Treatment Diehl 6 mgd Anderson 4 mgd 10 mgd Supply (Normal Conditions) St. City Quarries 3 mgd Bartonsville Well 0.5 mgd Anderson 3.7 mgd (includes Whetzel Spring @1mgd 7.2 mgd & plant wells @0.6 mgd) City of Winchester 2 mgd (may be 4 @ City's discretion) 9.2 mgd Current Water Supply - Current Water Usage 3.7 mgd Current Water Supply - Current Water Usage & Zoned Demand -1.9 mgd Current Water Supply - Current Water Usage, Zoned Demand & Land Use Demand -4.2 mgd (inside current SWSA) -5.8 mgd (inside & outside current SWSA) Under Normal Conditions there is a need to provide for an additional 6mgd VIP - Not needed now. Future need based upon rate of growth and development. Page 5 2009 PC Retreat Summary Route 11 Northeast Land Use Study -Revisited Overview: The presentation and evaluation of the preliminary CPPC endorsed Route 11 Northeast Land Use study update was reviewed by Planning Commission and Board of Supervisors. How water and sewer limitations affect this current study was discussed. Discussion Issues and Concerns: What is the current demand for water in this area? — 2 million gpd Is there a designated plan of how much water should be serving this area? There is not a designated plan for any area in the County. Can use planning area analysis to show this. Conclusions: ® There is a high level of comfort with the Route 11 Northeast Land Use study. However, we may consider changing land uses to accommodate future water demands. o Refine plan and seek public input this spring. RA Subcommittee Effort Overview: Following five months of research, presentation, discussions, and evaluations, the Rural Areas Subcommittee offered preliminary thoughts regarding the County's rural areas. Discussion Issues and Concerns: • There were no further discussion issues or concerns with RA Subcommittee efforts. Conclusions: 0 Development pressures in the Rural Areas, which have intensified over the past decade, are significantly impacting our community's rural character. This study identified and offered resolutions promoting the vitality of the agricultural economy as farmland is converted from active agriculture to residential use. Development pressures and residential development impacts the rural character of the community, distracting from view sheds and the rural landscape. Preliminary thoughts will be presented on February 5`h; Subcommittee will formulate a recommendation to the Board based on public comment. Key tool of preliminary thoughts is TDR, as a whole, is better oversight of health system. Page 6 2009 PC Retreat Summary Traffic Impact Analysis Standards Overview: Over a number of months, County staff and the Transportation Committee have been developing TIA standards. This is in response to the new VDOT Chapter 527 standards for when VDOT would require a TIA and what form it would take. This effectively removed some of Frederick County's ability to control when a TIA would be required due to the fact that, unlike many communities, Frederick County was fairly progressive on this issue. Staff presented an outline of the standards and their development process, including the numerous meetings with the Top of Virginia Builders Association on the issue. ]Discussion Issues and Concerns: • Top of Virginia suggests that chapter 527 should be sufficient. • The Top of Virginia Builders Association feels there is too much subjectivity in the current draft, though they did note that it has greatly improved and that this is the best draft to date. • Top of Virginia Builders Association has concerns over the inclusion of VDOT in County required TIAs. • Top of Virginia Builders Association largest concerns lay in potential requirements of TIAs at site plan state. • What would be considered an unacceptable TIA? — When it does not display what was agreed upon scoping. • Third party (traffic engineers) should be reviewed regularly. • TIAs would not be required by Frederick County when one has previously been done on the property for the proposed or similar use. Conclusions: • Traffic Impact analyses are required in order to allow County Officials the opportunity to assess the impact of a proposed development. TIAs should provide sufficient information to allow assessment to take place. Any TIA application that does not meet standards shall be considered incomplete. Staff should create table illuminating TIA expectations prior to 527. Overall, recognition that TIA standard may be beneficial to the community. Page 7 2009 PC Retreat Summary Development Impact Model -Transportation Module Overview: March 12, 2008 the Board of Supervisors directed staff to move forward with creating a transportation module for the Development Impact Model. The transportation model is another evaluative tool for reviewing rezoning proposals (Commercial and Industrial) and allows staff to calculate transportation impacts of proposed developments. Discussion Concerns and Issues: • Fixed figures may not appropriately reflect true costs/benefits of a project on County. • Need to clarify and confirm adequate and appropriate values prior to decision for consideration. • Should emphasize input of module is to offer additional data to evaluate proposed rezonings which do not proffer to implement improvements to address TIA indicated impacts. • Would not replace desire for physical improvements which address TIA • A concern that the numbers would indicate Frederick County is not business friendly. Conclusions: • Transportation Committee will continue working on creating an impact model that will benefit not only the applicant but Frederick County. Development Review Application Overview: Development review applications for Rezoning, CUP, and MDP acceptance for placement on Planning Commission and Board of Supervisor agendas for review. These development applications must comply with various county and state agency reviews before approval is met. Discussion Issues and Concerns: • Consistency is very important when reviewing these applications. • Staff should not offer any leniency with any applicant when it comes to review comments. • Application is not complete and ready for PC/Board review until all agency requirements are satisfied. Conclusion: • Everyone seems content with the way our development review application is set up. • Development applications should have approvals from all agencies or applicable responses from the applicant. • Agency suggestions should be acknowledged by applicants prior to placement on agendas. Page 8 2009 PC Retreat Summary Proposed Comprehensive Policy Plan New Format Overview: Over the second half of the past year, the Comprehensive Plans and Programs Committee (CPPC) have been revisiting the 2007 Comprehensive Policy Plan. The goal is a major re -write of this planning policy document, clarifying the substance of the document. A new format has been proposed, and applied to the rewrite of the Historic Resources chapter. The new format is presently being applied by the Natural Resources Group. Discussion Issues and Concerns: • There should not be repetitive text in the Comprehensive Plan. • It is very troublesome when applicant references the Comprehensive Plan as not being annotated. Conclusion: • There were some positive comments on this discussion item. For the most part, everyone likes the structure of our Comprehensive Plan and it continues to be a positive tool for long range planning. Very important that a positive message regarding the community is presented throughout the plan update. 2009 Work Program items Department of Planning and Development. Attached are the prioritized planning projects which the Department of Planning and Development will undertake during the 2009 calendar year. These projects were prioritized with the assistance from members of the Board of Supervisors and Planning Commission following a brief overview of the projects during the 2009 Planning Commission Retreat. The Planning Department is prepared to undertake a long-range planning project and a current planning project simultaneously, as these projects are typically accomplished through the Comprehensive Plans and Programs Committee (CPPC) and the Development Review and Regulations Committee (DRRC) respectively. As such, we would anticipate significant progress, if not completion, of the top three projects for each of the planning programs - Long Range and Current - during the 2009 calendar year. 2009 Work Frogs Pr on*fiPs Long Range Planning Projects Priority Project Description On -Going Effort. Review, update, and rewrite of the County's Comprehensive Policy Plan 1 Update the County's Comprehensive Policy Plan, utilizing an improved format and content that is reader friendly and positively markets the qualities of the community. On -Going Effort. Route 11 North Land Use Plan 2 Update/renew the land use plan for the Route 11 North area, with recognition of transportation and water and sewer challenges and solutions. 3 Senseny Road area land use plan. Update/renew the land use plans for the area between Routes 7 and 50. Develop a long range transportation plan which complements the regional effort 4 made by the Metropolitan Planning Organization. Develop Rural Community Center small area land use plans. 6 Conduct land use studies and plans for the defined RCCs. Effort could coincide with a Transfer of Development Rights (TDR) programs' receiving area delineation should the RA Study be adopted 6 Develop an on-line process for the review and completion of various development applications. 7 Expand opportunities for citizens to access various departmental information through the county's webpage. Other: Other: 2009 Work Program Priorities Current Planning Projects Priority Project Description On -Going effort. Develop ordinances to implement the UDA Study - Urban Center and Neighborhood Village 2 Develop ordinances to implement the recommendations of the RA Study Evaluate and implement Affordable/ Workforce Housing initiatives 3 Many communities have incorporated programs and requirements to incorporate Affordable Workforce (` and Housing in new larger development proposals. Frederick 1 County could evaluate how such a program could be incorporated, and evaluate its projected need in our community. 4 Evaluate the merits of a Wind Farm ordinance LEED - Green standards implementation 5 A general review of environmentally friendly development standards that may be in appropriate Frederick County. Consideration would be given towards creative stormwater management and parking alternatives that are designed and have history of working properly in karst topography. I Evaluate and implement requirements pertaining to appropriate surface treatments 6 for parking lots Such an effort would address the number of required parking spaces for projects, as well as a possible allowance for pervious surface treatment Review Planning Department application packages and procedures to ensure that current standards and policies are implemented 7 This would involve a thorough review of state codes, county codes, and existing policies and procedures, and result in enhancements to the codes, policies, and I Drocedures as deemed annrnnrinta S !L;ompiete a comprenensive review and revision Chapter 165 the County Zoning Ordinance, 9 Complete a comprehensive review and revision of the County Subdivision Ordinance, Chapter 144 10 1 Develop an on-line process for the review and completion of various development applications MEMORANDUM COUNT17 of FREIDERFCK Departm- ent cf Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director'' SUBJECT: Discussion - Revision to the Planning Commission Bylaws DATE: March 4, 2009 Based on actions taken in mid-December and early -January by the Planning Commission, the Bylaws Work Group had three items that warranted additional consideration: 1) Public meeting presentation time guidelines. Possibly consider establishing presentation time limits applicable to staff and applicant presentations; 2) Determination of when an application is complete and ready for scheduling on a PC agenda; and, 3) Time restriction for how long an application may be tabled. The Bylaws Work Group recommends that Item 3 be addressed with a Bylaw Amendment. Item 1 and 2 do not warrant inclusion in the Bylaws at this time. Additional details and suggested resolutions on each of these items are provided on the following pages. Staff is seeking authorization to initiate the 30 days notice to change the Bylaws, incorporating a time restriction for length of tabling (Item #3), and to schedule the revisions for the Commission's consideration to adopt on May 6, 2009. Please contact me should you have questions. Attachment: Work Group Recommended Bylaws, REV 030209 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 Page 2 Memo to Planning Commission RE: Bylaws Revisions Topics and Suggested Resolutions as endorsed by the Bylaws Work Group February 26 2009 via an e-mail meeting 1) Public Meeting presentation time guidelines. At times, applicants may utilize their PC agenda item presentation time to offer an overview of aspects of their project or their company that are not relevant to the application. A remedy was suggested that through the PC Bylaws, a length of presentation — i.e. time restriction - be established. The Bylaws Work Group feels that this topic may be best managed by the PC Chair rather than through a revision to the Bylaws. The Chair is already tasked with the meeting's oversight, so inherent with oversight responsibilities, the Chair may decide if presented information is relevant to the application. If information is being presented that is not relevant to the decision making process, the Chair will exercise existing authority and redirect the comment/presentation. No Bylaw revision necessary at this time. 2) Placement of Applications on an Agenda. Occasionally, incomplete agenda items are heard by the Planning Commission; with too many unaddressed issues, the Planning Commission wisely defers action on the application. This results in inefficient use of the Planning Commission's, the applicant's, and the public's time. Similar issues have been raised at the Board of Supervisors meetings. Therefore, it was suggested that only complete applications be placed on Planning Commission, and subsequently, Board of Supervisors agendas. Discussion initially suggested that a revision to the Bylaws was appropriate. At the 2009 PC Retreat in January, this incomplete application concern was discussed. Staff received direction that only complete applications be placed on Planning Commission and Board of Supervisors agendas. An application's completeness was deemed to be achieved when all review agency comments were addressed, code requirements complied with, and agency suggestions acknowledged. The applicant will be expected to provide a letter to the respective agency delineating how conformance with the codes was achieved, and suggestions were addressed. Improved coordination between the applicant's representatives and review agencies, resulting in a paper trail acknowledging how an applicant is addressing a review agency's code requirements and suggestions will be required to achieve the 'complete application' and gain placement on an agenda. The direction Page 3 Memo to Planning Commission RE: Bylaws Revisions gained at the Retreat warrants that a revision to the Bylaws to be unnecessary at this time. 3) Time Restriction for how long an application may be tabled. At times an applicant will request that their application (i.e. Agenda Item) be tabled indefinitely — that's a long time. It may be appropriate to establish a tabling guideline that no application shall be tabled for longer than 12 months from the date the complete application was received by the Planning Department. The Work Group recommends that the Bylaws be amended to incorporate a Tabling time limitation. Suggestive changes are shown below in red, bold, underlined, italics... 8-3-9-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-10 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. hi no ccse shall an application be tabled for more than 12 months from the time the complete application was received by th ;Zoning Administraior or applicable staff. 8-3-9-3 An application that has been tabled for an unspecified period of time shall be re -advertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. PLANNING COMMISSION BYLAWS County of Frederick, Virginia REV 030209 As Recommended by Bylaws Work Group 2/26/09 See page 9 ARTICLE I - AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the Code of Virginia (1950), as amended. 1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter referred to as the "Commission". ARTICLE II - PURPOSE 2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors and to carry out all duties and functions described by the Code of Virginia, as amended. ARTICLE III - MEMBERSHIP 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 165 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 165 ofthe Code of Frederick County. 3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1) participate in an orientation to familiarize themselves with the operations of the Department and the Commission, and 2) meet with planning staff representatives in an effort to review and better understand specific agenda items by no later than their second Planning Commission meeting. Page 2 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions ARTICLE IV - OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-4 Report official communications. 4-3-1-5 Certify official documents involving the authority of the Commission. 4-3-1-6 Certify minutes as true and correct copies. 4-3-1-7 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. Page 3 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions 4-3-2-2 When acting as chair, the vice-chairman shall carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all Commission meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all Commission meetings, public hearings and public meetings. 4-3-3-7 Provide to the Board of Supervisors reports and recommendations of the Commission. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the Commission. Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice- chairman. Page 4 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions ARTICLE V - COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman and will serve for a term of one year. The chairman may request recommendations from the Commission or committee members on committee appointments. 5-4 Members of the committees may be Commission members, employees of the County, or citizen volunteers. 5-5 The chairman and vice-chairman of the Planning Commission shall be ex -officio members of every committee. 5-6 The committees will elect a chairman and vice-chairman annually. These officers shall be current Commission members and should represent different Magisterial Districts, if possible. 5-7 The committees may operate as a committee of the whole or by executive committee with current and past Commission members serving as members of that committee. 5-8 The committees may establish standing subcommittees whose activities will be a specific annual responsibility of the parent committee. One executive committee member will serve as liaison to the standing subcommittee and will assist staff in managing its activities. Membership will be comprised of past Commission members and citizens. Membership will be appointed by the chairman of the Committee with concurrence by the Commission Chairman. 5-9 The committees may establish ad-hoc groups to assist in specific, carefully -defined tasks for a limited period of time. Important considerations for membership on the ad-hoc group are skills and experience necessary to assist in providing acceptable solutions. Membership will be appointed by the Chairman of the Committee with concurrence by the Commission Chairman. Page 5 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions ARTICLE VI — COMMISSION MEETINGS 6-1 At the first meeting of each calendar year, the Commission shall fix the date, time, and place of all its regular meetings for the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman declare that weather or other conditions make it hazardous for members to attend. 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five days before the meeting. 6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.2-3711(A) of the Code of Virginia, 1950, as amended. 6-5 Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission. ARTICLE VII - VOTING 7-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VIII - OPERATING RULES 8-1 Order of Business for a regular meeting 8-1-1 Call to Order. 8-1-2 Adoption of the Agenda. Page 6 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions 8-1-3 Consideration of Minutes. 8-1-4 Committee Reports. 8-1-5 Citizen Comments on Items not on the Agenda. 8-1-6 Public Hearings. 8-1-7 Public Meetings. 8-1-8 Planning Commission Discussion. 8-1-9 Other. 8-1-10 Adjournment. 8-2 Minutes 8-2-1 The Commission shall keep minutes of each meeting. The chairman and secretary shall sign all minutes following approval by the Commission certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting. 8-3 Procedures 8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Commission shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 8-3-3 The initial motion on an agenda item shall be made by a member representing the application's Magisterial District. If both District representatives are absent or decline to make the initial motion, then any other Commissioner may act. 8-3-4 Business items on the agenda shall be considered using the following procedures: Page 7 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions 8-3-4-1 Report by County Staff. 8-3-4-2 Presentation by Applicant. 8-3-4-3 Citizen Comment. 8-3-4-4 Applicant Response. 8-3-4-5 Staff Summary. 8-3-4-6 Discussion by Commission. 8-3-4-7 Motion and Action by Commission. 8-3-5 Public comment shall be allowed in all cases required by the Code of Virginia, 1950 as amended, or the Code of Frederick County. In other cases, the chairman may allow public comment. 8-3-6 The Commission members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 8-3-7 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Commission and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 8-3-8 Public Hearings 8-3-8-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Virginia 1950 as amended, or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia 1950 as amended. 8-3-8-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 8-3-8-3 In addition to those required by law, the Commission may hold public hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public Page 8 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions hearing in these bylaws. 8-3-8-4 The 90 -day period (Section 165-10 of the Frederick County Zoning Ordinance) for the Planning Commission to make a rezoning recommendation to the Board will start at the date of the first completed public hearing 8-3-9 Tabling 8-3-9-1 The Planning Commission shall have the authority to table agenda items 45 - days (less if reaching the limits of Section 165-10) for any one of the following: A) The agenda item does not meet the requirements of the Code of Virginia, 1950, as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Revised proffers have been received from the applicant within twenty-one (21) days of the advertised Planning Commission meeting. E) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. F) The applicant provides the Frederick County Planning Department with a written request to table the agenda item. G) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. H) The applicant fails to appear at the meeting in which the application has been advertised to appear. 8-3-9-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure Page 9 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions that the requirements of Section 165-10 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. In no case shall an application be tabled for more than 12 months from the time the complete application was received by the Zoning Administator or applicable staff. 8-3-9-3 An application that has been tabled for an unspecified period of time shall be re -advertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. 8-3-10 Work sessions 8-3-10-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 8-3-10-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission. 8-3-10-3 Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 8-3-10-4 The chairman shall lead the session and require orderly behavior and discussion. 8-3-10-5 No actions shall be taken or motions made at a work session. 8-3-10-6 Work sessions shall be open to the public. Public comment is not required at a work session. 8-3-10-7 The secretary shall keep a general record of all work sessions and the items discussed. 8-3-11 Adjournment Page 10 Planning Commission Bylaws REV 030209 Bylaws Work Group Recommended Revisions 8-3-11-1 In no case shall the Commission consider any new items after 10:30 P.M. and the meeting shall be adjourned by 11:00 P.M. In the instance that an item begun before 10:30P.M. has not been acted on by the 11:00 P.M. hour, the Commission may, by majority vote, lift the adjournment time until a recommendation has been made, or such earlier time, after 11:00 P.M., as the Commission may fix. ARTICLE IX - AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice at any time during the calendar year. 9-2 Planning Commission shall conduct an annual review of these bylaws in November of each calendar year to ensure their accuracy. 9-3 At the first meeting of the calendar year, the By -Laws will be adopted.