The URL can be used to link to this page

PC 12-17-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia December 17, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) November 5, 2008 Minutes.............................................................................................. (A) 3) Committee Reports..........................................................................•....................... (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC NEARING 5) Rezoning #11-08 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning #21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53 -A -92A, 53- A-9213, 53-A-94, 53-3-A, and 63 -A-2A. Mr. Ruddy........................................................................................................................ (B) 6) Rezoning #12-08 of Walgreens -Dairy Corner Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, for commercial uses. The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F- 3 -A1 and 54F -3-A2. Mr. Ruddy........................................................................................................................ (C) 7) Stephens City Joint Land Use Plan — An amendment to the 2007 Comprehensive Policy Plan Chapter 6, Land Use, to update the Stephens City Joint Land Use Plan. The update provides a new orientation to the land use designations of the plan, integrates land use and transportation, and further addresses community infrastructure needs. This Plan continues to cover the area encompassed by the Joint Annexation Agreement and further implements the Agreement. Mr. Ruddy........................................................................................................................ (D) 8) Other FILE COPY 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 November 5, 2008. 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; Gary R_ Oates, Stonewall District; H. Paige Manuel, Shawnee 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: Gregory S. Derr, Red Bud District; Richard Ruckman, Stonewall District; Lawrence R Ambrogi, Shawnee District; and Charles E. Triplett, Gainesboro District. . STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; Amber Powers, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Commissioner Kriz moved to adopt the November 5, 2008 Planning Commission Agenda for this evening's meeting. This motion was seconded by Commissioner Ours and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Oates, the Planning Commission unanimously approved the minutes of the September 3, 2008 meeting_ Upon motion made by Commissioner Kriz and seconded by Commissioner Oates, the Planning Commission unanimously approved the minutes of the September 17, 2008 meeting. COMMITTEE REPORTS De-,,elopment Review & Regulations Subcommittee iDRL61-10/23/08 Mtg. Commissioner Unger reported that the DRRS continued their discussions on the new Traditional Neighborhood Design (TND) District. Commissioner Unger said they discussed what could and should be Frederick County Planning Commission Vage 2sb4 Minutes of November 5, 2008 11 g -2 - allowed, the types of housing, and where the community centers should be located. He said discussions on this subject will continue into next year_ Joint Stephens City/ Fredeir ick County Study Group —10/30/08 Mtg. Planning Director, Eric R Lawrence, reported that the Joint Stephens City/ Frederick County Study Group reached a consensus on a land use plan, which will be forwarded to the Board of Supervisors for their discussion and direction on how to proceed. Natural Resources Study Group Commissioner Kriz reported that the Natural Resources Study Group will meet next Monday, November 10, for its final review of the Natural Resources Section for inclusion in the Comprehensive Policy Plan and then it will be sent out for comments. Comprehensive Policy Plan —11/10/08 Mtg. Commissioner Kriz reported that a meeting will be held on November 10 with the Community Facilities Subcommittee and the various Capital Improvement Plans (CIPS) will be reviewed. Rural Areas Subcommittee Commissioner Watt reported that the Rural Areas (RA) Subcommittee has met for about three months to better understand State -enabled regulations the County might utilize to better manage growth in the rural areas. Through these efforts, the RA subcommittee has identified a number of tools that could be affective in managing growth in the rural areas while promoting the agricultural economy, preserving the viewshed, and reducing the impacts on county service demands. He said these available tools are now being presented to the community in a series of three community meetings to gain citizens' comments and suggestions. The first community meeting was held on Monday, November 3, and valuable insight and ideas were gained from those in attendance. He said two more community meetings are scheduled over the next week and everyone is encouraged to attend and participate in the process. The remaining meetings are tomorrow evening, Thursday, November 6, from 7:00 p.m. to 9:00 p.m. at Orchardview Elementary School and next Thursday evening, November 13, from 7:00 p.m. to 9:00 p.m. at Indian Hollow Elementary School. Commissioner Watt said the meetings are an ip_formal workshop, providing opportunities for interested citizens to talk with subconU ittee and Planning Staff members, learn about the process, and offer their thoughts and ideas on the rural areas. He noted that information is also available at the RA Subcommittee's website at www.co.frederick.va.us. Frederick County Planning Commission Minutes of November 5, 2008 Page 2365 -3 - CITIZEN COMMENTS Chairman Wilmot called for public comments on anv subject not on the Cm mission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application #09-08 of Frederick Block, submitted by Painter -Lewis, PLC to rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition) District with proffers to accommodate storage of materials and to revise the proffers for P.T.N. 54A -1-15B. The properties are located at 1086 and 1098 Martinsburg Pike (Route 11 North). The properties are further identified with P.I.N.s 54A -1-15B, 54A-1-18, and 54A-1-19 in the Stonewall Magisterial District. Action — Recommended Approval with Proffers Senior Planner, Candice E. Perkins, reported this rezoning application is a request to rezone two parcels, zoned RP (Residential Performance), as well as to modify the proffers associated with the woodland buffer area on Parcel 54A -1-15B to accommodate outdoor storage. Ms_ Perkins said the subject properties are within the limits of the SWSA (Sewer and Water Service Area) and are within the limits of the Eastern Frederick County Long Range Land Use Plan. She said the long-range land use plan shows this area with a commercial and industrial land use designation and therefore, this request is in general conformance with the Comprehensive Policy PIan. Mr. Perkins said the applicant has submitted a proffer which places several conditions on the development of the site; she proceeded to review the proffers for the Commission and those proffers included_ 1) a generalized development plan; 2) parcel usage; 3) lot consolidation, 4) zoning buffers; and 5) the entrance. Referring to Proffer 45, regarding the entrance, Ms. Perkins said the applicant has proffered that while the existing residential dwellings on Parcels 54A-1-18 and 54A-1-19 are retained, they will utilize the existing shared driveway and this driveway will not be used for commercial operations. She pointed out that this proffer does not restrict an entrance on Martinsburg Pike for future commercial uses_ Mr. John Lewis with Painter -Lewis, P.L. C. was representing this application. Mr. Lewis said the owners acquired these two lots some time ago for the purposes of expanding their existing business at Frederick Block. He stated the existing driveway serves both residences and is a legal non-conforniif7g, asphalt driveway; he said the applicant is aware this driveway cannot be used for commercial purposes. Mr. Lewis said the applicant did not want to proffer out the possibility of placing a commercial entrance at this location in the event there is a future opportunity for Frederick Block to have an additional entrance; they wanted to avoid an additional rezoning because it was cost prohibitive. Mr. Lewis said the applicant understood if they wanted to pursue a commercial entrance here, they would need to go through the permitting process and acquire approvals from the County and VDOT, and would probably need to construct additional lanes. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the hearing. Some members of the Commission expressed concern about the possibility of an additional commercial entrance at this location on Route 11 without an analysis of the impacts by the County and VDOT. They suggested a TIA be conducted, especially because of efforts to restrict the number of entrances along Route 11. Commission members commented that since this is a storage yard, there would be tractor -trailer traffic making left turns coming South on Route 11. Furthermore, mitigation is only required during the rezoning Frederick County Planning Commission Minutes of November 5, 2008 Page 2366 -4 - process. The VDOT representative stated he reviewed the plan with the assumption the two residences would remain and additional storage would be towards the rear of the property; VDOT did not review the project with any assumptions a commercial entrance would be placed at this location. He said if the applicant decided to pursue a commercial entrance, details would have to be submitted to VDOT for analysis and the entrance would need to meet VDOT's Access Management Guidelines for Arterials_ Other Commission rn bers were satisfied the County would be protected from an impact perspective, given the applicant's proffer which restricts uses solely to additional storage and the additional reviews required by the County and VDOT, particularly with the more stringent Access Management Guidelines_ A motion was made by Commissioner Oates and seconded by Commissioner Kriz to table the rezoning for 45 days with the expectation the applicant, the County, and VDOT conduct a review of potential impacts of an additional entrance, including the possibility of additional tarn lanes and other issues. This motion was defeated by the following vote: YES (TO TABLE): Oates, Wilmot, Thomas, Kriz NO: Unger, Watt, Manuel, Ours, Mohn A new motion was made by Commissioner Unger and seconded by Commissioner Watt to approve the rezoning with proffers. This motion passed by the following majority vote: YES (REC. APPROVAL): Unger, Watt, Manuel, Wilmot, Ours, Mohn NO: Oates, Thomas, Kriz (Note: Commissioners Ambrogi, Ruckman, Triplett, and Derr were absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Districts, Section 165-82, District Use Regulations; Section 165-83, Dimensional and Intensity Requirements; Article IV, Supplementary Use Regulations, Section 165-27, Off -Street Parking; Section 165-29, Motor Vehicle Access; Section 165-31, Protection of Environmental Features; Section 165-37, Buffer and Screening Requirements; Section 165-47 Landfills, Junkyards, Trash Disposal and Inoperable Vehicles; Article XVIII, Master Development Plan, Section 165-133 When Required; and Section 165-141 Contents of Preliminary Master Development Plans. These revisions to the Frederick County Zoning Ordinance would add a new zoning district to implement the mixed use industrial/office land use classification of the Comprehensive Policy Plan and would add new secondary use standards. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that staff has been working on a new zoning district which is intended to implement the new Route 277 Land Use Plan that was adopted by the Board of Supervisors. She said this district would implement the mixed-use industrial/office land use classification of the Comprehensive Policy Plan. The new district, OM (Office Manufacturing) Park District, is designed to provide area for research and development centers, office parks, and minimal impact industrial and assembly uses. She said the primary uses that would be permitted in this district consist of target business as determined by the Frederick County Planning Commission Minutes of November 5, 2008 Page 2367 -5 - Economic Development Commission_ Also introduced with this proposed new ordinance are design and development standards. These standards include minimum district sizes, standards for building materials, and screening requirements for loading areas, as well as the prohibition of outdoor storage areas_ Ms. Perkins explained that the NAICS Work Group (a subcommittee ofthe DRRS) has reviewed this draft ordinance on three occasions and endorsed the ordinance on May 13, 2008_ After several revisions and minor text changes, the DRRS forwarded the draft ordinance to the Planning Commission for discussion in August 2008, followed by the accessory use reglations amendments in May of 2008. Ms. Perkins said the Planning Commission discussed this item at their meeting on September 17, 2008. She said the discussion consisted of concerns regarding three proposed uses: aircraft and parts manufacturing, rubber and miscellaneous plastics manufacturing, and fabricated metals. The Commission believed these three uses may be heavier than what was appropriate for this new district. Other than the concern over the uses, the Planning Commission was supportive of the proposed new zoning district. She said the Board of Supervisors discussed the new district ordinance at their October 8, 2008 meeting and approved this item to be sent to public hearing. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No issues were raised by Commission members and they were satisfied with the ordinance amendment as proposed. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, that the Frederick County Plan-riing Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Districts, Section 165-82, District Use Regulations; Section 165-83, Dimensional and Intensity Requirements; Article IV, Supplementary Use Regulations, Section 165-27, Off -Street Parking; Section 165-29, Motor Vehicle Access; Section 165-31, Protection of Environmental Features; Section 165-37, Buffer and Screening Requirements; Section 165-47 Landfills, junkyards, Trash Disposal and Inoperable Vehicles; Article XVIII, Master Development Plan, Section 165-133 When Required; and Section 165-141 Contents of Preliminary Master Development Plans. These revisions to the Frederick County Zoning Ordinance would add anew zoning district to implement the mixed use industrial/office land use classification of the Comprehensive Policy Plan and would add new secondary use standards. (Note: Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements. 'These proposed revisions to the Zoning Ordinance pertain to buffer and screening requirements adjacent to railroad right-of-ways. Action - Recommended Approval Senior Planner, Candice E. Perkins, reported that the zoning ordinance requires zoning district buffers to be provided when property is developed adjacent to other uses or other zoning districts per Section 165-37D. She said this section does not, however, address buffering requirements when the zoning districts are separated by a railroad right-of-way. Ms. Perkins said the staff has been directed to prepare a revision to the Zoning Ordinance to address properties adjacent to railroad right-of-ways. Frederick County Planning Commission Minutes of November 5, 2008 Page 2368 Q. Ms. Perkins said this proposed amendment was endorsed by the DRRS (Development Review and Regulations Subcommittee) and it was discussed by the Planning Commission and the Board of Supervisors. She said the Board of Supervisors app, oved this item to be scheduled for public hearing. Chairman Wilmot commented that OM District was not included in the second line ofthe text in the list of ordinances; she asked if it was an oversight. Ms. Perkins said she would add it to the text. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public continent portion of the hearing. proposed. No issues were raised and the Commission was satisfied with the proposed amendment as Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements. These proposed revisions to the Zoning Ordinance pertain to buffer and screening requirements adjacent to railroad right-of-ways. (Note: Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-24, Height Limitations/ Exceptions. The proposed revisions to the Zoning Ordinance will enable the building height restriction in the 133 (Industrial Transition) Zoning District to be increased from 35 feet to 45 feet. Action — Recommended Approval Commissioner Oates said he would abstain from all discussion and voting on this item, due to a possible conflict of interest. Senior Planner, Candice E. Perkins, reported this proposed ordinance amendment was initiated by a formal request to enable the building height restriction in the B3 (Industrial Transition) Zoning District to be increased from 35 feet to 45 feet. She said the requested changes are based on a desire to have a height allowance in the B3 District that falls between the B2 (Business General) District at 35 feet and the M I (Light Industrial) District at 60 feet. Ms. Perkins said the requested height increase is proposed to be added as a height exception to Section 165-24 Height Limitations; Exceptions. Ms. Perkins said the DRRS (Development Review and Regulations Subcommittee) endorsed this proposed ordinance amendment at their meeting on June 26, 2008. The DRRS stated they could support the 45 - foot height increase as an exception to the height requirements so long as anything over 35 feet in height utilized the building setbacks required for the M 1(Light Industrial) Zoning District. She said the Planning Commission discussed and supported this amendment at their August 20, 2008 meeting. At the September 24 meeting, the Board of Supervisors directed the staff to schedule a public hearing. Frederick County Planning Commission Minutes of November 5, 2008 Page 2369 -7 - Chairman Wilmot called for public comments and the following person came forward to speak: Mr. John Knott, with BPG Properties, acknov.4cdged the recommended 45 -foot height exception is the height allowance between the B2 and MI Districts. Mr. Knott commented that nearby jurisdictions also have a 45 -foot height limit or higher in similar districts. He said if this amendment is recommended for approval, the 45 -foot exception would increase the County's ability to compete for users who are interested in locating on B3 properties_ In addition, he referred to illustrations in the Commission's agenda packets which depict potential scenarios of modern storage faciLties which stack materials in buildings constructed up to 45 feet. Mr. Knott said modern facilities are utilizing this type of storage in buildings of this height. He also pointed out the MI setback is appropriate and is utilized in a proffer for his client's B3 -zoned site. Commissioner Thomas favored this amendment because it increases structures vertically instead of horizontally. He said the increase in size will allow developers to get another 30-35% volume for storage_ Commissioner Thomas made a motion to recommend approval of the ordinance amendment. This motion was seconded by Commissioner Kriz and unanimously approved. BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-24, Height Limitations/Exceptions. The proposed revisions to the Zoning Ordinance will enable the building height restriction in the B3 (Industrial Transition) Zoning District to be increased from 35 feet to 45 feet. (Note: Commissioner Oates abstained; Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XVII, IA (Interstate Area) Overlay District, Section 165-130, Qualifying Criteria, and Section 165-131, District Regulations. The proposed revision to the zoning ordinance will remove general merchandise, apparel stores, and automotive dealers from the qualifying uses. Action — Recommended Denial Senior Planner, Candice E. Perkins, reported this proposed ordinance amendment deals with the uses permitted on IA (Interstate Area) Overlay signs within the Overlay District. She said property owners within this district are currently permitted to erect larger signs along highways, she said the intent and purpose of the Interstate Overlay sign is to inform the traveling public as to the location of hotels, gasoline stations, and restaurants, which are regarded as destination businesses. Ms. Perkins said the staff is proposing to remove three uses currently permitted on signs: general merchandise, apparel stores, and automotive dealers. She said people usually plan their trips in advance when going to these types of businesses and, therefore, they are not considered by the staff to be destination uses. Ms. Perkins said the proposed ordinance revision was discussed and endorsed by the DRRS (Development Review and Regulations Subcommittee) at their meeting of June 26, 2008. The Planning Commission discussed and supported the amendment at their meeting on August 20, 2008. At the Board of Supervisors' September 24, 2008 meeting, the Board directed the staff to advertize the amendment for public hearing. Frederick County Planning Commission Minutes of November 5, 2008 Page 2370 S Commissioner Manuel pointed out that some businesses are almost always located along interstates; he gave examples of CarMax, Bass Pro Shop, and Gander Mountain. Com*nIssioner Manuel was concerned about the County's ability to attract and keep these types of businesses, if they are not permitted to have signs along the interstate. Commissioner Thomas commented that the uses mentioned, Carldfax, Bass Pro Shop, and Gander Mountain could be considered destination uses for people traveling from other areas to Frederick County seeking this particular business. He asked if there was a problem with the existing ordinance. �� Its. Perkins replied that this proposed amendment v,,zll help to ensure that Frederick County does not get inappropriate signs along the interstate interchange areas in the future. She added that the businesses mentioned would still have the opportunity for building -mounted signage. Commissioner Oates commented that the intent was to minimize the number of tall signs that tend to accumulate around the interstate exits and to reserve the signage for gas stations and restaurants for traveling motorists. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the hearing. Commissioner Manuel believed signs should identify commercial areas and retail centers, as well as food and gasoline. He said the interstate interchange areas are best suited and are presently designated for commercial and retail development in the Comprehensive Policy Plan. Commissioner Manuel made a motion to recommend denial of the proposed ordinance amendment. This motion was seconded by Commissioner Mohn and was passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend denial of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XVII, IA (Interstate Area) Overlay District, Section 165-130, Qualifying Criteria, and Section 165-131, District Regulations. This proposed revision to the zoning ordinance would have removed general merchandise, apparel stores, and automotive dealers from the qualifying uses. The majority vote for recommending denial was: YES (TO DENY): Watt, Manuel, Thomas, Ours, Mohn NO: Unger, Oates, Wilmot, Kriz (Commissioners Ambrogi, Ruckman, Triplett, and Ken were absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article VI, RP (Residential Performance) Zoning District, Section 165-59, Permitted uses, Section 165-61, Number of uses restricted, Section 165-62, Gross Density, Section 165-62.1, Multi -family Housing, Section 165-65, Dimensional Requirements; Article IV, Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements; Article XXII, Definitions, Section 165-156, Definitions and Word Usage; and Chapter 144, Subdivision of Land, Article V, Design Standards, Section 144-24, Lot Requirements. The proposed revisions to the ordinances will enable age -restricted, multi -family housing in the RP (Residential Frederick County Planning Commission Minutes of November 5, 2008 Page 2371 Performance) District. ■WZ Action — Recommended Approval Senior Planner, Candice E. Perkins, reported this proposed ordinance amendment was officially initiated by Patton, Harris, Rust & Associates (PHR&A) and would allow a new housing type, age -restricted, multi -family housing in the RP (Residential Performance) District. Ms. Perkins said the proposal calls for anew housing type to be only allowed in proffered, age -restricted developments and the changes are based on a desire W incorporate elevators in a cost-effective manner by permitting taller buildings with more units per building than currently allowed under the garden apartments housing type. Ms. Perkins stated the proposed ordinance was discussed at the August 5, 2008 Joint Work Session of the Board of Supervisors and the Planning Commission. She said the main issue of concern at this meeting was the proximity of the building to adjacent residential uses and a waiver option to increase the height of the building was discussed. Ms. Perkins said the ordinance was revised to include a waiver option for the building height. The DRRS discussed the height issue extensively and ultimately endorsed the ordinance at their meeting on August 28, 2008. The Planning Commission discussed and was supportive of the amendment at theirmeeting on September 17, 2008. At the Board of Supervisors' meeting on October 8, 2008, the Board discussed the proposed waiver, as well as the potential roof design; they ultimately directed the staff to advertise the amendment for public hearing. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Patrick Sowers, with PHR&A, thanked the staff and the DRRS for all the time and effort that was put into this ordinance amendrent. Mr. So -,vers said as this ordinance was developed over time, two concerns remained: One concern was that the new housing type could potentially be over parked for an age - restricted, multi -development. He explained a one -bedroom unit or efficiency -type apartment calls for 1'/2 parking spaces and for two-bedroom or three-bedroom units, the ordinance calls for two parking spaces per unit. Mr. Sowers and his client believed this probably was in excess of what would be needed. He wanted to make sure the parking was sized correctly because there is limited public transportation in the area. In addition, they didn't want to over park, creating a greater environmental impact and also impact the aesthetics of the development. Mr. Sowers said his second concern is with the setback. Mr. Sowers said that under the existing ordinance, their proposal would have a 100 -foot side and rear setback. In situations where the building is located adjacent to single-family residential units, for every foot the building is above 40 feet in height, that setback would increase two feet in setback per one foot in height. He said a four-story building with a flat roof could be 40 feet tall and be 100 feet away from an adjacent residential use. The method of measuring height in Frederick County is at the very peak of the roof line. He said a building of this size with an eight -to -twelve pitch roof, which is a little more aesthetically pleasing, the height increases by about 18 feet. He said by adding a pitched roof to a four-story building, it will create a need for an additional 36 feet of setback. Mr. Sowers explained that in a site-specific scenario where they have proposed this use, adjacent to the Orrick Commons site, space is at a premium. When the 36 -foot setback is added, it dramatically affects the viability of the site_ He said the only way to correct it would be to go to a lower pitched roof, which is not in anyone's best interest. He suggested the possibility of measuring the building height using the mean elevation between the eaves of the gable and the peak of the gable. He said it would provide more incentive to the applicant to go with the more steeply pitched roof. Mr. Sowers stated that aside from those two points, he felt strongly the ordinance was needed. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Frederick County Planning Commission Minutes of November 5, 2008 Page 2372 -10— Commissioner Thomas said that Mr. Sowers' comments have been extensively discussed by the DRRS, the Planning Commission, and the Board of Supervisors. It was pointed out that any applicant could still request a waiver. Commissioner Thomas made a motion to recommend approval of the ordinance amendment as presented by the staff. This motion was seconded by Commissioner Ours and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article VI, RP (Residential Performance) Zoning District, Section 165-59, Permitted uses; Section 165-61, Number of uses restricted, Section 165-62, Gross Density, Section 165-62.1, Multi -family Housing, Section 165-65, Dimensional Requirements; Article IV, Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements; Article XXII, Definitions, Section 165-156, Definitions and Word Usage; and Chapter 144, Subdivision of Land, Article V, Design Standards, Section 144-24, Lot Requirements. The proposed revisions to the ordinances will enable age - restricted, multi -family housing in the RP (Residential Performance) District. (Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting.) PUBLIC MEETING Conditional Use rermit 910-08 of Adam Arkfeld for a Cottage Occupation for a motel/ bed & breakfast at 250 Sister Chipmunk Lane. This property is identified with P.I.N. 34-A-98 in the Stonewall Magisterial District. This item was tabled from the Commission's September 3, 2008 meeting. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported the Planning Commission tabled this conditional use permit (CUP) request on September 3, 2008 to allow the applicant to address some private road issues that were raised by the adjoining property owners. Mr. Cheran read the proposed conditions that would be attached to the CUP, if it was recommended for approval. Mr. Benjamin M. Butler, Attorney, was representing the owner/applicant, Mr. Adam Arkfeld. Mr. Butler stated that he researched the right-of-way which serves this property and it is well established by all of the property owners in the chain of title. It was always contemplated that Mr. Arkfeld's property would be served by the right-of-way and go over the adjoining properties. One of the questions that remained was the maintenance issue. Mr. Butler believed this issue has been resolved with an agreement which has been signed by everyone except the Johnsons. He explained that the agreement essentially places a maximum amount that the other property owners would have to pay at $200; if the other property owners paid for any materials, for example gravel for the road or cleaning ditches, they would receive a credit against that $200. Mr. Butler believed everyone was satisfied with the agreement, except the Johnsons. He commented that the Johnsons may be in agreement, but they were not available to sign. Concerning staff's recommended conditions, Mr. Butler spoke with the Commission about a one-time only activity to take place in the Spring of 2009 to allow Mr. Arkfeld to have a Chamber of Commerce social. Mr. Butler asked the Commission to consider this one-time exception so they would not have to come before the Commission in the Spring. Frederick County Planning Commission Minutes of November 5, 2009 Page 2373 -11 - Commissioner Oates stated that at the first public hearing on September 3, 2008, many upset neighbors attended and he wanted to give them an opportunity to work with the applicant and get some of the issues straightened out. Commissioner Oates saiu the applicant has accomplished that task. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit # 10-08 of Adam Arkfeld for a Cottage Occupation for a motel/ bed & breakfast at 250 Sister Chipmunk Lane with the following conditions: All review agency comments and requirements shall be complied with at all times_ Any proposed business sign shall conform to the cottage occupation sign requirements and not exceed four-square feet in size. 3, No more than three bedrooms and six guests allowed with this bed and breakfast use. 4. No other on-site activities will be associated with this bed and breakfast. 5. Any expansion or modifications will require a new conditional use permit. 6. Allowance of a one-time Chamber of Commerce Social on site in the Spring of 2009. (Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting_) Master Development Plan 40S-08 for Snowden Bridge, Parts A and B, submitted by Greenway Engineering for a residential planned community on 285.5 acres, zoned R4 (Residential Planning Community) District. The properties are located on the south side of Old Charles Town Road (Route 761) and Jordan Springs Road (Route 664) and east of Milburn Road (Route 662). The properties are further identified with P.I.N.s 44-A-292, 44-A-293, and 44 -A -31A in the Stonewall Magisterial District. Action — Recommended Approval Planner Amber Powers reported that this application proposed a revision to the previously - approved master development plan (MDP) for the Snowden Bridge development, a 231 -acre portion, which is Land Bay 3A, and is a portion of a larger 794 -acre parcel rezoned in 2003. The proffer limits the housing to 2,455 housing units and a minimum of 239.5 acres of open space. The initial MDP for Land Bay 3A was 285.5 acres, but the southern 54.5 -acre portion was removed from the application due to a conflict with the original location of Route 3 7. The remaining 231 -acre portion of the MDP was approved and is currently being developed under MDP 414-07. The County approved the relocation of planned Route 37 to the southern portion of 44 -A - 31A. With planned Route 37 no longer going through Land Bay 3A, the applicant decided to rejoin parts A and B into a single MDP application, which is before the Commission this evening. Ms. Powers said there are minor changes involved in the Part A portion, Dutchman Court and Blackford Drive has new right -in, right -out entrances onto Stonebridge Boulevard. Also, there is the addition_ of Honeycomb Road which accommodates the replacement of courtyard -style homes with townhomes. This application also proposes the removal of one of two recreational sites; the applicant has reserved them as two optional locations and only one of them will be developed. Part B includes the addition of single-family detached housing units and public roads to service them, as well as additional residential units and private roads within the adult facility. These changes in the MDP as a Frederick County Planning Commission Minutes of November 5, 2008 Page 2374 -12 - whole are consistent with the proffers from the 2003 rezoning and the County ordinances. If approved, it would enable the applicant to implement the generalized development plan. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Evan A. Wyatt, with Greenway Engi.^.eering, was representing the application. Mr. Wvatt said the rezoning that was approved back in 2003 was done with a generalized development plan (GDP) that showed various land bay bubbles and the way the proffer was written, the MDP would be following the GDP. Since the rezoning was approved, the applicant has been introducing a series of MDPs as sections come on line for development. The last MDP approved by the County (MDP # 14-07) was about 231 acres and they are doing a building block of the GDP, which does two things: It adds some smaller areas and a cul-de-sac into the MDP; it also adds a right -in, right -out, which has been approved by VDOT, and an option for the recreational community building and amenities for the overall community. Mr. Wyatt summarized by saying these are minor revisions to the previously -approved MDP and the inclusion of some areas which extend primarily into the active adult community. He said it was consistent with the Comprehensive Policy Plan and the requirements ofthe ordinance. Commissioner Thomas asked Mr. Wyatt if he understood correctly that planned Route 37 has now been placed on the Generalized Master Development Plan. Mr. Wyatt replied no. Chairman Wilmot next closed the public comment portion of the hearing. Cominissioner Thomas expressed his desire for the developer to recognize Route 37 and place it on the MDP. Having said that, he guessed there was no way the Commission could require it at this point. Commissioner Thomas next made a motion to recommend approval of the MDP. This motion was seconded by Commissioner Manuel. Coimnissioner Oates also believed it would be important for subsequent MDPs to show Route 3 7. He said, obviously, this MDP had already been approved by the Board of Supervisors and the Commission couldn't require that it be shown. However, he encouraged the applicant, since the County had relocated Route 37 to accommodate this project, to at least recognize the location according to the Comprehensive Policy Plan. The vote on the motion to recommend approval was unanimously in favor. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #05-08 for Snowden Bridge, Parts A and B, submitted by Greenway Engineering for a residential planned conummity on 285.5 acres, zoned R4 (Residential Planning Community) District. The properties are located on the south side of Old Charles Town Road (Route 76 1) and Jordan Springs Road (Route 664) and east of Milburn Road (Route 662). (Note: Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting.) Frederick County Planning Commission Minutes of November 5, 2008 Page 2375 -13 - OTHER Chairman Wilmot stated there has been discussion with the DRRS (;=:evelopment Review and Regulations Subcommittee) to change weir meeting start times to 7:00 p.m. Chairman Wilmot recognized this may be appropriate if both major subcommittees would meet at 7:00 p.m. to be consistent and less confusing. The consensus of the Commission was that both the CPPS ,'Comprehensive Plans and Programs Subcommittee) and the DRRS will start future meetings at 7:00 p.m. ADJOURNMENT Upon motion made by Commissioner Kris and seconded by Commissioner Thomas, the meeting adjourned at 8:22 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of November 5, 2008 Page 2376 REZONING APPLICATION 911-08 WILLOW RUN Staff Report for the Planning Commission Prepared: December 1;'000 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This is a request to revise the proffers associated with Rezoning 921-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. Summary of the current rezonine request. A major component of the original rezoning request for this property, Rezoning 421-06 was the proffer to fully fund and construct the new Route 37/tubal Early Drive Interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. This was and remains a significant public improvement that addresses the transportation needs of the proposed development and the broader community. The Applicant is requesting to amend their approved proffer statement to allow an extension of the time to begin and complete the proposed new Route 37 interchange improvements at Jubal Early Drive. Specifically, proffer D) 5 has been revised to reflect the requested extension. Currently, the Applicant's commitment is to commence construction of the new interchange within 24 months of the final non appealable rezoning approval which is March 28, 2009, and complete construction within: 60 months which would be March 28, 2012 or by the issuance of the 600th building permit. The Applicant's proposal is to commence construction of the new interchange within the 2012 calendar year, and complete construction within the 2015 calendar year or completed no later than the issuance of the 600th building permit. This is in essence a delay of approximately three and one half years from the original deadline or five and one half years from the date of original rezoning. A section of this specific proffer D) 5 contains a provision for providing the right of way necessary to complete the improvements to the Route 37/tubal Early Interchange. This specific element of the proffer has been satisfied to VDOT's satisfaction and may be removed from the proffer statement if necessary. As you are aware, the Commonwealth Transportation Board, on January 18, 2007, approved the break in access on Route 37, to allow construction of this new interchange. Rezoning #11-08 — Willow Run December 1, 2008 Page 2 One additional modification relates to an extension in the time frame for dedication of 5 acres for the development of an aquatic center. The proposed site for the aquatics center is in the vicinity of the Route 37/tubal Early Interchange. The availability of the site is for a period of five years. Please recognize the comments provided by Parks and Recreation and Planning that recommends this language be further modified to provide more flexibility to the County in the ultimate use of this site for public uses. The applicant has brought the date of this proffered commitment forward to recognize the date of the current rezoning. A 5 year sunset clause on the availability of this site remains. Summary of the approved Willow Run project In summary of the approved rezoning application: The Willow Run project is an R4, Residential Planned Community with up to 1390 dwelling units and areas of commercial land uses totaling at least 32 acres. The development of this project is guided by a proffered Master Development Plan. The development program provides for a mix of residential uses and a phased introduction of the new residential uses. A limited amount of commercial land use is proffered to occur in connection with an identified number of residential uses. Other commitments are tied to the number of residential units such as the phased construction of Jubal Early Drive. In addition to summarizing the project; it is important to recognize several components of the original approval. The monetary contributions aimed at mitigating the impacts of the request were based upon the 2005 fiscal impact model values which are lower than those impacts identified in the current development impact model. Other components of the rezoning include the construction of a community center of a specific size, 4,000 square feet. This is provided for and is triggered by a specific number of units as is the construction of a pool 3,500 square feet in size in the event that an aquatic center is not provided on the land proposed to be dedicated to the County. Followima the required public hearing, a recommendation r gardin,_this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Plannin Commission. Rezoning #11-08 — Willow Run December 1, 2008 Page 3 This report is prepared by t'he -Frederick County R_lanning Staff to provide inforrtatian to the Planning Commission and the Board of Supervisors to assist them in making a decisi r or this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/17/08 Pending Board of Supervisors: 01/14/09 Pending PROPOSAL: To revise the proffers associated with Rezoning 421-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. LOCATION: The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53 -A -92A, 53 -A -92B, 53-A-94, 53-3-A and 63 -A -2A PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Agricultural and residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) City of Winchester South: RA (Rural Areas) RP (Residential Performance) East: City of Winchester West: RA (Rural Areas) RP (Residential Performance) Use: Residential Residential & open space Use: Agricultural and residential Residential Use: Residential Use: Residential and recreational Residential Rezoning 911-08 — Willow Run December 1, 2008 Page 4 REVIEW EVALUATIONS: Virginia Dept of Transportation: application with the latest proffers Develo ment VDOT is satisfied A VDOT review has been conducted on the revised rezoning dated October 14, 2008 for the Wi1_low Run Neighborhood p with the revisions to the transportation enhancement proffers. 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 pennit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Department of Parks & Recreation: Staff agrees with the extension as stated in the proposed revised proffer dated October 14, 2008. As noted, staff believes the proposed extension of time the County would have to consider development of the five acre site, being proffered for an Aquatic/Recreation Center, is appropriate. However, given the fact Winchester Medical Center has just completed a similar facility within a mile of this location, the Parks and Recreation Department recommends that an alternate site be selected for a future County -owned and operated Aquatic/Recreation Center. Although this may no longer be the best location for the Aquatic/Recreation Center, it may be in the best interest of the County to hold onto this option for other potential uses. Because the proffer identifies this site as being for an Aquatic Center, this would require a change to the proffer that would broaden the possible uses for this site. According to the current proffer, if this site is used for an Aquatic Center, recreational unit credit is to be given to the developer. It would be the recommendation of the Parks and Recreation Department that if the site is used for something other than a recreational amenity, the developer would not be relieved from any recreational unit requirements. Prior to completion of the Medical Center facility, there was a keen interest in this site for the proposed Aquatic/Recreation Center. Therefore, I would suggest that this matter receive a comprehensive County review before the Parks and Recreation Department's comments are offered (also see attached memo). City of Winchester: No comments. Frederick County Attorney: Please see attached letter dated November 14, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated November 6, 2008 from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History The property was rezoned to the R4 (Residential Planned Community) District with the approval of Rezoning #21-06; approved on February 28, 2007 by the Board of Supervisors. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Evan Wyatt, AICP FROM: Michael T. Ruddy, AICP l i.+jIn. 1Vct - iJI�i1 RE: Initial Rezoning Comments — Willow Run Conditional Zoning Amendment. DATE: November 6, 2008 The following comments are offered regarding the Willow Run Conditional Zoning Amendment submitted to this department for review on October 17, 2008. Please consider them as you continue your work preparing the application for submission to Frederick County. Transportation Proffer D) 5 With the initial rezoning of this property, the Applicants made a commitment to the County to advance and implement a significant component of the County's long range transportation plan. the construction of the new Route 37/Jubal Early Drive interchange and its associated features. The commitment is to commence this improvement within two years of the original approval of the rezoning; this date, March 28, 2009 is approaching. The Applicant's commitment further ensured that this improvement would be completed by 2012. This request seeks to modify this commitment, allowing the Applicant to commence construction in 2012, and complete construction of this improvement in 2015. This is a delav of approximately three and one half years from the original deadline or five and one half years from the date of original rezoning. This proffer includes new language committing the Applicant to complete certain things that are necessary for the approval of this improvement by a date, December 1, 2008. This proffer may be problematic as it is likely that this date will have passed prior to the County's review of this conditional rezoning amendment. 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 Willow Run Conditional Rezoning Amendment Comments November 6, 2008 Page 2 General Proffer Statement Proffer B) 2 Please address the following concerns regarding the language change for the process for deeding or dedicating the five acre site for the aquatic center. • The initial language which states that the five acre site shall be deeded to Frederick County within 90 days of written request by the County was deemed acceptable by the Board of Su ervisors and remains the preferred mechanism for obtaining this site. The proposed revision states that should Frederick County accept file five acre site, this acreage shail be iegaiiy subdivided and deeded to Frederick County by the Applicants in conjunction with the acceptance of the public street serving this site. It would appear as though the Public Street serving this site may not be completed prior to the five year sunset clause. This would be a problem. • It would be preferable to remove the five year sunset clause on this proposed dedication of land to Frederick County. • Planning concurs with the comments offered by County Parks and Recreation regarding the benefits of holding the potential uses of this proposed land dedication open for other public uses. The proffer should provide as much flexibility as possible to the County to determine the best public use for the site. This is very important given the recent opening of nearby Valley Health System's Pool and Fitness facility and the evaluation by the County' s Parks & Recreation Department that this may not be the preferred site for an Aquatic Center. A public site in this location, however, would remain a desirable dedication. Proffer E) Monetary Contributions Monetary contributions to offset the impact of this development on County capital facilities were provided in the original rezoning. These contributions were based upon a 2005 year impact model evaluation and totaled $9,078 per each non age restricted dwelling unit and $2,000 per each age resi icteu dwei;ing i nl . Please i%GCS iIiGe ii2a� the current values are substantially higher. I have attached the current DIM expectations for your information. Proffer E) 5 This proffer addresses the increase in the monetary contributions based upon the CPI. As this recalculation timeframe is approaching, it may be beneficial to provide a current adjustment value for the future monetary contributions. MTR/bad Attachments 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 $1,78-2 $1,782 School Construction $20,265 $14,268 $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 COUNTY of FREDERICK Roderick B. W-1.1_iarns County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederjck.va.us November 14, 2008 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL ;,/lr. Evan vV yau, AIC" Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application — Willow Run Revised Proffer Statement dated October 14, 2008 Dear Evan: I have reviewed the above -referenced proposed revised Proffer Statement dated October 14, 2008. Because this is a revision based upon the Proffer Statement dated February 12, 2007, which was accepted in conjunction with the most recent rezoning of the subject properties, I incorporate by reference here the comments in Bob Mitchell's letters to Susan Eddy, dated October 23, 2006 and January 23, 2007, to the extent that the Proffer Statement dated February 12, 2007 did not address those comments. It is my opinion that the revised Proffer Statement dated October 14, 2008 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 above reference to previous comments and to the following: 1. Before "Preliminary Matters", in the item designated "REZONING:", the description following the rezoning number should be "Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to the Residential Planned Community (R4) District with Revised Proffers". This would match the language in the first paragraph of "Preliminary Matters". 2. Proffer B2 is unclear as to the timing of dedication of the 5 -acre site to the County. Specifically, the Proffer says that the site would be deeded "in conjunction with the acceptance of the public street serving the site". Does this mean that the site would under no circumstances be deeded before acceptance of the public street or, if not, under what circumstances would the site be deeded? Along similar lines, the Proffer should clarify if the 5 -year sunset clause merely requires the County to indicate its desire to accept the site within that time or whether the dedication must actually occur within that 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt, AICP November 14, 2008 Page 2 time. If the latter, such a requirement could be problematic in light of the public street acceptance provision. 3. Proffer D5 states that the Applicants "shall provide VDOT with all necessary right-of-way dedication plats for the northbound and southbound on and off ramps, including the two-lane roundabout on the east side of Route 37, no later than December 1, 2008". This is unclear, in particular regarding whether the Applicants intend actually to dedicate the subject right-of-ways, as opposed merely to preparing a plat. Language along the lines of that proposed to be stricken — "the Applicants hereby proffer to dedicate right-of-way ..." — and which incorporates a specific deadline would be clearer. Also, the particular date currently stated, December 1, 2008, is a date that would be before any possible approval of the rezoning and, as such, it would appear that the Applicants need to explain their process for compliance, especially whether they will perform the proposed obligation irrespective of whether the County approves the rezoning. 4. Proffer E5 is not entirely clear as to whether the commencement date of the 30 - month period, during which the proffer amounts are not subject to CPI adjustment, is to be based upon the already -adopted approval_ of the rezoning (in 2007) or any approval of the rezoning now requested. If the Applicants intend or desire the latter. then I note for staff that this may represent a significant reduction in the present value of the amounts proffered 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. Sincerely yours, Roderick B. Williams County Attorney cc: Mr. Michael T. Ruddy, AICP, Deputy Director, Frederick County Planning and Development zP: i V i= n 2 1 L_ 'k -e �.,_ � t &_ L-0 NOV I �, 2008 GREENWAY LINTY of FREDERICK Parks and Recreation Department James M. Doran, Director 540-665-5678 FAX: 540-665-9687 wwvv%co.frederick.va.us e-mail; fe.prLIC,�,co.freclerick.va.us NUA14" IV -M&- jr-d A To: Mike Ruddy, Planning "erxg, tment From: .Tames M. Doran, Director, j h� Subject: Willow Run Subdivision Date: November 4, 2008 Please find attached the Parks and Recreation Department's comments relative to the requested proffer adjustment for this development. As noted, staff believes the proposed extension of time the county would have to consider development of the five acre site, being proffered for an Aquatic/Recreation Center, is appropriate.. However, given the fact Winchester Medical Center has just completed a similar facility within a mile of this location; the Parks and Recreation. Department recommends that an alternate site be selected for a future county owned and operated Aquatic/Recreation Center. Although this may no longer be the best location for the Aquatic/Recreation Center, it may be in the best interest of the county to hold onto this option for other potential uses. Because the proffer identifies this site as being for an Aquatic Center, this would require a change in the proffer that would broaden the possible uses for this site. According to the current proffer, if this site is used for an Aquatic Center, recreational unit credit is to be given to the developer. It would be the recommendation of the Parks and Recreation Department that if the site is used for something other than a recreational amenity, the developer would not be relieved from any recreational unit requirements. Prior to completion of the Medical Center facility, there was a keen interest in this site for the proposed Aquatic/Recreation Center. Therefore, l would suggest that this matter receive a comprehensive county review before the Parks and Recreation Department's comments are offered. If you should have any questions or would like to discuss this further, please let me know. 107 North Kent Street Winchester, VA 22601 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5678 Han deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2"d Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and--any-other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: East of Route 37 and Merninan's Lane (Route 621). North of Cedar Creek Grade (Route 622). South and West of the City of Winchester Corporate Limits Current Zoning: R4 District with proffers Zoning requested: R4 District with modified proffers Acreage: 359.97+ Department of Parks & Recreation Comments: Staff agrees with the extension as stated in the proposed revised proffer dated October 14, 2008. Please see attached memo for additional comments. Pks. & Rec. Signature & Date: �i'�z�2 Notice to Department of Park s& Recreation — Please Return This Form to the Applicant 0 1,250 2,500 5,000 Feet N'I. t Willow Run ReZoning REZ#10-08 PIN: 53-A-90, 53-A-91, 53-A-92, 53 -A -92A, 53 -A -921.53 -A -9d 5'A -I -A R1 -I -')A . ♦ I it 1F L..f ��.,.. t� Its -'W a1i i � ! • T F '�.W Z .. ��Sj� a t . t` \ r� Y��/ ��i t - t+Kini ester, VA ;9 m o f Case Planner: Mike Future Rt37 Bypass LDlling M2 (Industrial, General District) ® Applications Bl (Business, Neighborhood District) MHI (Mobile Home Community District) Buildings B2 (Business, General Distrist) MS (M1ledical Support District) cr. Urban Development Area 40 B3 (Business, Industrial Transition District) -may R4 (Residential Planned Community District) S\VSA O i EM (Extractive Nlanufacturing District) R5 (Residential Recreational Community District) ' HE (Higher Education District) _ . RA (Rural Area District) M I (Industrial, Light District) RP (Residential Performance District) i . � ♦ x-•11` Y�;�/`. I . ♦ I it 1F L..f ��.,.. t� Its -'W a1i i � ! • T F '�.W Z .. ��Sj� a t . t` \ r� Y��/ ��i t - t+Kini ester, VA ;9 m o f Case Planner: Mike Future Rt37 Bypass LDlling M2 (Industrial, General District) ® Applications Bl (Business, Neighborhood District) MHI (Mobile Home Community District) Buildings B2 (Business, General Distrist) MS (M1ledical Support District) cr. Urban Development Area 40 B3 (Business, Industrial Transition District) -may R4 (Residential Planned Community District) S\VSA O i EM (Extractive Nlanufacturing District) R5 (Residential Recreational Community District) ' HE (Higher Education District) _ . RA (Rural Area District) M I (Industrial, Light District) RP (Residential Performance District) Greenway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 WILLOW RUN TRADITIONAL NEIG"IBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to Residential Planned Community (R4) District with Revised Proffers (359.97± acres) PROPERTY: 359.97± -acres (here -in after the "PROPERTY') Tax Map Parcels 53-((A))-90; 53- ((A))-91; 53-((A))-92; 53 -((A)) - 92A; 53 -((A)) -92B; 53-((A))-94; 53-((3))-A & 63 -((A)) -2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4,2005; November 30,2005; May 18,2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007; February 12, 2007; October 14, 2008; November 17, 2008 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #A:4 for the rezoning of 359.97± acres from the Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to the Residential Planned Community (R4) District with. Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 2 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 defined) and such be approved by the FrederlCk County Board of Supervisors in accordance with the said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53 -((A)) -92A, 53 -((A)) -92B, 53-((A))-94, 53-((3))-A and 63 -((A)) -2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 3 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units % of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Property Owners Association (POA) or sub -associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 4 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10 -foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (04-1236) area located within proposed age -restricted portion of the Property. The Phase I Archaeological Assessment will be conducted prior to approval of the Subdivision Design Plan for the age -restricted community and will be in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age -restricted community center building for the benefit of the residents of the age -restricted community. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to apply for a rezoning of the Merriman's Lane (Route 621) right-of-way within 6 months of abandonment by VDOT. This land area will be merged and absorbed into the commercial center area following rezoning approval. The Applicants proffer of right-of- way dedication for the new Route 37/tubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to deed a 5 -acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5 -acre site shall be available to Frederick County for a period of 5 years beginning in calendar year 2009 from the date of File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 5 Revised November 30,2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 final non -appealable rezoning approval. Should Frederick County accept the 5 -acre site in writing, this acreage shall be legally subdivided and deeded to Frederick County by the Applicants in conjunction with the bonding of the public street or the acceptance of the public street serving this site. If the County does not request the 5 - acre site for the aquatic center within the time specified in this section, the proffer to deed the 5 -acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street) and those street systems. This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. Additionally, the Applicants proffer to provide detailed lighting plans for each commercial site plan that provides for the type of light fixture to be used and demonstrates foot-candle levels throughout the limits of each commercial site to ensure compliance with ordinance standards. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600th dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 6 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 'devised February 12, 2007; October 14, 2008; November 17, 2008 issuance of the 600'h building permit, but no later than the issuance of the 1,000`'' building permit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities 4�- Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. 9 No individual tenant or owner shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services and the aquatic center. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document dated February 12, 2007 submitted as a proffered document for this rezoning application. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 7 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200th building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be des, ned and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450d' residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of this improvement in calendar year 2012 with completion no later than calendar year 2015, or completion no later than the issuance of the File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 8 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14,2009; November 17, 2008 600th building permit, whichever occurs first. The Applicants shall meet all applicable requirements of VDOT necessary to maintain the construction permit for this improvement through its completion, and shall provide VDOT with dedicated right-of-way dedication for the northbound and southbound on and off ramps, including the two-lane roundabout on the east side of Route 37, no later than December 1, 2008. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/tubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 8. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 10. The Applicants hereby proffer the construction of frontage improvements along Cedar Creek Grade on the Property as demonstrated on the proffered Willow Run Cedar Creek GradeBirchmont Drive Improvements Exhibit dated February 12, 2007. These improvements shall be installed prior to the issuance of File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 9 Revised November 30,2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24,2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and in any event shall be installed no later than the issuance of the 200th residential permit. Additionally, the Applicants proffer to dedicate the 20 -foot right-of-way area demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007 at such time as requested by VDOT. 11. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 200`1' residential building permit, exclusive of model homes. 14. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off-site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of final non -appealable rezoning approval with the remaining payments being made in 12 -month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by the City of Winchester. Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. 15. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 10 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 16. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14 -foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20 -foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90 -degree angles or have turns at 90 -degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub - associations for Willow Run. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age - restricted dwelling unit. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 11 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the POA or sub -associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding or school construction for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan. All monetary contributions paid after the 30 -month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI -U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 12 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 400th building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600`h building permit. The maintenance of the community center building shall be the responsibility of the POA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5 -acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 600th residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age -restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 60th age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the POA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. File #3800WG/2008 Conditional Zoning Amendmeni/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 13 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2GG8 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count to:vards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5 -acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub - association until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Property Owners Association (POA) 1. A POA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub -associations shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 14 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. I.) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 15 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The Applicants will establish language within the POA or sub -association documents which provides for the :maintenance of the landscaping described above and allows the Shenandoah University Environmental Si'adies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices (`B1ViP") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 16 Revised November 30,2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007, October 14, 2008; November 17, 2008 J.) Sil4natures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: By: low Grove L.C. Date Commonwealth of Virginia, City/County of ;CA E D Ei? I C I C To Wit: The foregoing instrument was acknowledged before me this % S? day of �/4llc" 46, 4 200? by PH Fry D 41j4! rE File #3800WG/2008 Conditional Zoning Amendmerd/EAW Notary Public John T. Conrad NOTARY PUBLIC Commonwealth of Virgini,3 OF Reg. # 7163184 ., r,Ar MY Commission Expires_ P�®may,, a,,, ) c� 'ember 30, 2012 My CorYi7tti'l�ssion ExP File #3800WG/2008 Conditional Zoning Amendmerd/EAW Notary Public Greenway Engineering September 1, 2005; Revised November 4, 2005 17 Revised November 30,2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12,2007; October 14, 2008; November 17, 2008 J.) Signatures atures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 740 LL ' /Date Commonwealth of Virginia, City/County of Fimoo G! — To Wit: The foregoing instrument was acknowledged before me this j4day of My Commission Expires File 43800WG/2008 Conditional Zoning Amendment/EAW L Notary Public Rr06Ee UIH)TE 2008 by C.. John T Conrad of4W. ' NOTARY PUBLIC r Commonwealth of Virginia Reg, # 7163184 My Commission Expires ;;,„u September 30, 2012 My Commission Expires File 43800WG/2008 Conditional Zoning Amendment/EAW L Notary Public Greenway Engineering September 1, 2005; Revised November 4, 2005 18 Revised November 30, 2005; Revised May 19, 2006 Revised June 27, 2006, Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 1], 2006; Revised January 4, 2007 Revised February 12,2007-1 October 14, 2008; November 17, 2008 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. in the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: // —/Y-- C 7 LLC Date Commonwealth of Virginia, City/County of c Aq ce /C- ®� _ To Wit: i The foregoing instrument was acknowledged before me this h? day of &t 20 0,? by ST E Pi T- �Nt. cnyA ; John T Conrad 00 NOTARY PUBLIC Commonwealth of Virginia -`�gGINP'U; �;or - !--.>,,. Reg. # 7163184 MY Commission Expires !'�nnnn�```` September 30, 2012 My Commission Expires File #3800WG/2008 Conditional Zoning Amendmerd/EAW 11Z,4 Notary Public Greenway Engineering September 1, 2005; Revised November 4, 2005 19 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: �. Miller and mith illow Run L.L.C. Date By: Miller and Smith, Inc., Manager By: Charles F. Stuart, Jr., Senior Vice President Commonwealth of Virginia, City/County of{ti? To Wit: The foregoing instrument was acknowledged before me this 20O�- by X11.1e5 F- Svall , )r. My Commission Expires d 3 (1 Z 0 l0 j 'day of 1Jo✓eml-i Notary Public File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September I, 2005; Revised November 4, 2005 20 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12,2007; October 14, 2008; November 17, 2008 J.) sign»4ures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 11 I$ o� Greystone Properties LLC ate Commonwealth of Virginia, Ci y County of \ � To Wit: The foregoing instrument was acknowledged before me thisJW(k, day of rx l t�- L�1 &I -e— Notary P lic My Commission Expires )t"w"-t o30 2 016 CINDY GROVE NOTARY PUBLIC Commonwealth of Virginia Reg. #184054 File #3800WG/2008 Conditional Zoning Amendment/EAW • TRANSPORTATION ENHANCEMENTS PROFFER D(10) lj� to PROPOSED zu- nn• DEDICATION (ROUTE 622) - ,rt' - y,.. _- _...__......_. n EX. W Z PAVEMENT I 2J ' S ATE. 37 .......__.........._..__ EXISTING PAVEMENT Q PROPOSED PAVEMENT pR?-Oseo =gat o��` EX. PAVEMENT CITY OF WINCHESTER �v MAN & SW 1N ftmal 1 ✓4 s lot ABBMRN CaOVE..K myrtoN CIRa.¢ l 600 300 0 600 1200 SGALE: 1 " = 600' F—,&a c� two 1St'Undy HID tons �A1wh�siar, Vi'21 22802 rtcsm 1--han. SIO -862-4785 iC,Si S•;9 -72? -0528 LEGEND SINGLE FAMILY DETACHED SINGLE FAMILY ATTACHED MULTI -FAMILY ars nscvmnrrmsn L1VL SYL✓11Y1V1LL ,ems--- COMMERCIAL to OPEN SPACE "' it oW Kwill` WINCHESTER, VIRGINIA OiIY=IDEVELOPERS NOVEMBER 2006 MILLER AND SMITH CREYSTONE PROPERTIES h 4. PHASING LEGEND PHASE 1-300 PERMIT �I PHASE 2-450 PERMIT PHASE 3-600 PERMIT '40 Z, -100 0 -700 1400' Ru, `,V 1`4 C H '- S T E R, V I P 0 ; ix I A 5GALE: 1 700' WILLOW RUN TRANSPORTATION PHASING EXHIBIT FN iZ1 Windy Hill Lane NOVEMBER 2006 09M9/DEVELOPERS I'mmewd 1971 %finchentar. Virginia 22602 Tolophorto 540-662--4185 MILLER AND SMITH surraycm FAX 540-722-9528 CREYSTONE PROPERTIES , , m. qtr r" � - - E - _ o'mMAININGs AGi&AGs > YR 100 F c-. L[�ODWAY v' 0.SS34 ACRES3 STRUMENT a 1 \ t - f.,l ., f .. � \ i -_... �\ fin. •^r. - ` -`., > . ei - .- .. 1g1 • y 100 Y1- FLOODWAY o uot- --- _ D - - -a cc 1c onD _ i w � p a� a r: +. p h WES � ,a►. EARLY d B' 24' 1 18' 1 25' 1 2' I IUMINUWSMRS SURFACEIOF ?' 1 ME 9 FTlX7L!F3 NOTE: SIDEWALK AND 10' TRAIL SHALL BE CONSTRUCTED AT LOCATIONS SHOWN ON PLAN VIEW s . 1 I { �IAINIFIGs L • \®s ��Tti—fir L�I3 QCRES -'� l', c TEMPORARY "_ - n -- -"'— Wim. ,'"`—�s�ils�q; ��,� i. `, ENT CONST. EASEM R/W PEDESTRIAN Ti'1 239Vlo4a2 �� ,. ESMr MELGO INC- � _ 24' 8• 10' Ts OF �n ` ��ya ��_ \.. i�� . D5 303 PGs 112 LIMITS1,/ t 2- BITUMINOUS SURFACE 2' 8.5' 10' 1.5' P' `'' .,IANCR-OM- TI'i t \ ••� — Y–.y,�`.'•.' 1 yam f t _ e i TYP. MIN. MIN. ✓ l _ REVERSE CG-8---'a`� i 0 �• ''.. \, 1 i 1 , ' i_,/ /�`j® �'i sTANDARo cc -s � ,�oPE ,r "- �.� +, •, � of � t t - � ! 1t \ � +/� / > 1 4•:1' ! e � `, � ; it 't tt �ti i it ,,,3r �--. �•., '�� '\ �;, �"\ l `. • r�ASS 4 ; /� �, t• \ e i ! s It �e F !/ / a_ \ a ` / r ti ti...`\ ..� �r� •ii "ASE COURSE1 BUFFER PATH TMr , /•'! -s. 'e i \, t` `t �t tt s 1 t. " i !/ `'`y 1 ' / ,; i \ `ti... .*' t SSE ECTIIRIVE ON PROPOSED VEST JUGAL EARLY DRIVE 50 25 ° 50 '°° �yA'ZT��ai AVE. DESIGN SPEED=40 MPH SCALE, r = 50' (MNY N. HARVEY No.038141 :5 DAM AEI'M 2055 9CIAM K- f : 50' 1. f 5' DIKEGNSO Ur GAIN FILE 111.3. 3000r:G S1L,'.'P 4Oe" fi REENWAY ENGINEERING, INC. a 151 Windy Hill Lane i Winchester, Virginia 22602 Founded in 1971 October 14, 2008 Frederick County Planning Department Attn: Michael Ruddy, Deputy Planning Director 1.07 North Kent Street Winchester, VA 22601 - RE: Willow Run Conditional Zoning Amendment Dear Mike: As you are aware, the Willow Run property owners desire to amend their Proffer Statement that was approved by the Frederick County Board of Supervisors on February 28, 2007. The purpose for this amendment is to request an extension of time to begin and complete the proposed new Route 37 interchange improvements at the location of the future Jubal Early Drive extension. The approved Proffer Statement requires the property owners to commence construction of the new interchange within 24 months of final non - appealable rezoning approval (March 28, 2009), and complete construction within 60 months (March 28, 2012) or by the issuance of the 600th residential permit, whichever occurs first. The property owners desire to extend this time line to commence construction of the new interchange in calendar year 2012 and complete construction in calendar year 2015. The following information provides an evaluation of the property owners' request and its impact to the Willow Run project: ➢ The approved proffer statement allows for Willow Run to obtain 200 residential building permits on an annual basis. To date, no building permits have been approved for this project and the property owners do not intend to obtain any building permits in calendar year 2008 due to current economic conditions. ➢ The traffic impact analysis (TIA) dated June 22, 2006 was prepared as a two- phase study. Phase one of this study was based on the development of 599 residential units, which did not call for the extension of Juba] Early Drive to Route 37 and did not call for the construction of the new Route 37 interchange. ➢ The approved proffer statement provides for a 5 -acre land dedication area for a new aquatic center within the Willow Run commercial center should Frederick County desire to locate within the project. Access to this future site is dependent upon the new Route 37 interchange; therefore, the property owners have extended Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project #3800W6 www.greenwayeng.com the time line option for land dedication to December 31, 2015 to coincide with the extended time line for the new interchange improvement. ➢ The property owners have been actively working with VDOT officials through design and permitting for the new Route 37 interchange. The revised Proffer Statement commits to right-of-way dedication for the new Route 37 interchange by December 1, 2008, as well as for the annual renewal of the construction permit that has been issued by VDOT to ensure that the limited access break approval granted by the Commonwealth Transportation Board (CTB) is not compromised. This evaluation demonstrates that there would not be an adverse impact to Frederick County should the decision be made to extend the time line for construction of the new Route 37 interchange. The proposed revisions to the property owners' Proffer Statement provide safeguards to ensure that the CTB approval remains in place and provides the right-of-way for this improvement at this time. Additionally, the revised Proffer Statement is structured to ensure that construction of the new Route 37 interchange follows the TIA that was accepted during the rezoning process in the unlikely event that significant new residential development occurs within the Willow Run project. Please contact me if you have any questions regarding the information in this letter, or if there is any additional information that would be beneficial for this evaluation. Sincerely, Evan att, AICP Greenway Engineering Cc: Matt Smith, VDOT John Bishop, Deputy Transportation Director Willow Run Property Owners Project 43800WG 2 REZONING APPLICATION FORM FREDERICK COUNT', VIRGINIA To he c'oanpleted by Planning Staff: F. Fee Amount Paid /O a uo Zoning Amendment Number Date Receive PC Hearing Date BOS Hearing Date - The following inforination 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 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: Willow Grove L.C. 740 LLC 750 LLC Miller and Smith at Willow Run L.L.C. Greystone Properties, LLC Telephone: (540) 662-4185 * Please see attached address and telephone number for each identified owner Contact person if other than above Name: Evan Wyatt Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to Property X Impact Analysis Statement _ Verification of taxes paid X Proffer Statement X 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: Willow Grove L.C. 740 LLC 750 LLC Miller and Smith at Willow Run L.L.C. Greystone Properties, LLC 6. A) Current Use of the Property: Agricultural & Residential B) Proposed Use of the Property: Residential & Commercial 7. Adjoining Property: * Please see attached adjoining property owner information tables for Frederick County and the City of Winchester. PARCEL ID NUMBER USE ZONING 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): East of Route 37 and Merriman's Lane (Route 621) North of Cedar Creek Grade (Route 622) South and West of the City of Winchester Corporate Limits. 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 specifies 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 IdentificationlLocation: Parcel Identification Number 53-((A))-90, 53- ((A))-91 53 -((A)) -92.53 -((A)) -92A, 53 -((A)) -92B. 53-((A))-94, 53-((3))-A, 63 -((A)) -2A Districts Magisterial: Fire Service: Rescue Service: Shawnee Round Hill VFRD Round Hill VFRD High School: Middle School: Elementary School James Wood James Wood Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 359.97± R4 District R4 District With Proffers With Modified Proffers 359.97± Total Acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Non -Residential Lots: Square Footage of Proposed Uses Office: Retail: Restaurant: Townhome: Mobile Home: Service Station: Manufacturing: Warehouse: Other Multi -Family Hotel Rooms: Please note that the Applicants' Proffer Statement limits the total number of residential dwelling units to 1,390 and ensures a housing product mix based on the 11'illow Run Residential Unit Matrix Table as provided under Section A(3) of the Proffer. The TIA is based on a commercial development of 375,000 square feet. Property Owner Information: Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 (540) 722-4101 Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Tax Map Parcels 53-((A))-91 & 63 -((A)) -2A Tax Map Parcels 53-((A))-91 & 63 -((A)) -2A Miller and Smith at Willow Run L.L.0 Tax Map Parcels 53-((A))-92 & 53-((A))-94 8401 Greensboro Drive Suite 300 McLean, VA 22102 (703) 821-2500 ext 224 Willow Grove L.C. 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 740 LLC 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 750 LLC 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 Tax Map Parcels 53-((3))-A & 53-((A))-92 Tax Map Parcel 53-((A))-90 Tax Map Parcel 53 -((A)) -92B 12. Signature: I (we), the undersigned, do hereby respectfully make appl_i-�ation 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. f �oApplicant(s): Date: ; 0 1 L O b r * Please refer to Special Limited Power of Attorney Agreements that have notarized signatures of all property owners that are authorized to sign on behalf of the various LCs and LLC for the Willow Run Rezoning Application and proffered Master Development Plan. Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, 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) Miller and Smith at Willow Run, LLC (Phone) (703)_821-2500 ext. 224 (Address) 8401 Greensboro Drive Suite 300, McLean VA 22102 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. 040008797 on Page Instrument No. 040017302 on Page and is described as Parcel: 53 Lot: 92A Block: A Section: Subdivision: Parcel: 53 Lot: 94 Block: A Section: Subdivision: _ 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. In witness thereof, I (}'have Signature(s) rk set 4 (our) hand and seal this a day ofNoqeM6,. 200L �vrn M! Ll. -OZ. AOb �rn r _� F State of )la'rginia, City/County of �MV A To -wit: I,v►r Jv�� dx'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 mein the jurisdiction aforesaid this 3 rpp day of t /cm1wi 2005. My Commission Expires: I& ZZ 2-0(h Not Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Levclopment, 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) Greystone Properties, 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. 030024683 on Page Instrument No. 040017913 on Page , and is described as Parcel: 53 Lot: 91 Block: A Section: Subdivision: Parcel: 63 Lot: 2A Block: A Section: Subdivision: 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 rescmoea or modified. In witness thereof) -(,we) have hereto set my (our) hand and seal this a1 day of 014 ' 200:3 Signature(s) State of Virginia, qty/County of To -wit: 1, , 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 _`7 &day of Ve.LOZA , 200 Y &44, My Commission Expires: Am • Notary Public ®ti` GROVIE NOTARY PUBS -IC inia Commonwealth of Virg Special Limited Power of Attorney County of Frederick, Virginia Frederick Pianning Web Site: www.co.frederick.va.us 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) Willow Grove, LC (Phone) (540) 667-1710 (Address) 720 South Braddock 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 Deed Book No. 869 on Page 596, Deed Book No. 871 on Page 32, and is described as Parcel: 53 Lot: 92 Block: A Section: Subdivision: Parcel: 53 Lot: 3 Block: A Section: Subdivision: _ 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: 0 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. In witness thereof, I (we) have hereto set my (our) hand and seal this 6' day of WO t% 200 Signature(s) c State of Virginia, City/County of 1.46041 G< To -wit: I, 40lh/K �oiY�C ri•e7 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to t e foregoing instrument and who I (are) known to me, personally appeared before 9Noary has a owled the same before me in the jurisdiction afoKpsaid.this day of. #0 � :'o?`� "s = NOTARY PUBLIC My Comrisi°h°ifds ___ ... ,��.. Virginia ublic 9 S '." °F = Reg. # 7163134 r•' lily commission Expires. '•,°RY P" ` September 30, 2012 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, 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) 750, LLC (Phone) (540) 667-1710 (Address) 750 Merrimans Lane Winchester, VA 22601 the owners) 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 Deed Book No. 918 on Page 1141, and is described as Parcel: 53 Lot: 92B Block: A Section: Subdivision: 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. In witness thereof, I (we) have hereto set my (our) hand and seal this day of .200 Signature(s) Z State of Virginia, City/County of jE10EX CK, To -wit: I / Aa Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who igned to the foregoing instrument and who I (are) known to me, personally appeared before me and has a owledged same b n e mein the jurisdiction aforesaid thi§,Z day of11rV 20017 d ON o7tra Q Myei�pires: NOTARY PUBLIC otary Public o �L.�: Commonwea o �rginii Cf _ = Reg. # 7163184 fiy Commission Expires a, qRY Pv September 30, 2012 Special. Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of ;manning & Development, County of i; i cuerick, 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) 740, LLC (Phone) (540) 667-1710 (Address) PO Box 87, Winchester, VA 22604 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 Deed Book No. 918 on Page 1139, and is described as Parcel: 53 Lot: 90 Block: A Section: Subdivision: 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: X Rezoning (Including proffers) ❑ Conditional Use Permits Master Development Plan (Preiiminary 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. In witness thereof, I (we) have hbrgt[o setply (our) Signature(s) this day of��00-�/. of Virginia, City/County ofFXF4i,CV4%(4o-wit: I, ofiw+,► I, Lo 41VNotary Public in and for the jurisdiction aforesaid, certify that the persou(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared befo e me and has ackno e ed the sa fore mei the jurisdiction aforesaid this day of IYD7 , 200 1? z �co,`y %, John % Conrad V My Commi p NOTARY PUBLIC �� x kv =: N ry Public; o �F Z _ Commonwealth of Virginia Reg. # 7163181 -yo ``......'..%��.. My Commission Expires September 30, 2012 ,• p "ro.'-neo -.G.-c.hi-_'.'F,Swa.c Q_.. a..= _....%__.. .LL -..r_....- _ Js n® - !1 N f Adjoin rr� �'rc��r�� ivv i 22. 83 86 80 %n� 82 84 - .� •R:`uCk(ile? 7r. R� 1'f23 £ ��5 E78�3 rr 70 P77 4 fin. = ` 25 28 74_ t jst� 76 27 7 3074 7 r,� ; _ _ t Sed ,✓� 29 JZ fit. 75- a0l l�. 444 a 5 ( / r J v 72 73 f 134 i d . l 31 � LL! ��9 �e z �� y / 33 c� 6 s 8 36 r' �� 7 y� �� LL 35 12 10 ' 38 W 68 i; i t 9 �h -: 37 O O 14 ti 4Q t t J %II i 15 �_ ii 39 �c - !� it 63 20 18 'HL4/ Z ri ,/`z `s1i 65 !� 19 17 41 C Q -.22 74 g ` arae 44 �l,/ 62 /•.. a 23 21 ( 43 Q a 46 r o� �F •� f - N 48 :. > 0/ �> O r 47 �h W m 6a �'a� 0 o s1 r Beehive 50 If ��9' = cn U (nn W 52 � Z° a; Way C 'Si O � Q W z f, I'. c� 0 65 z W �' f ` 5fi O 4 > 60 n 53 / ` ^ — Q U- 60 52Go 1 aC0 00 . a 54 Hillman Dr I 1 _ w W z M - _ Legend � = C ` � i 53 o � _� � v 59 edar. Cr Jai �l t / oC C'3 U 0 v v / Y W W o Willow Run Parcelsf ,!. t , 55 o eek Grade/ ��! 2 - ti,. J 0 2 Q o 0 /� c'3 U Winchester City Limits �, 1 � � ,. L i � 1 __�.�. _ r_� _�z � _ L..,..�.�..�� u��;..,� ,� - W � a /f VVe-emS �A' z W c� Fz :..-- Ln 0zpz� Frederick County Adjolners — - -UJ _ t� - - 11 Middle Rd i F o = O 58 Ef � 37 r Feet Q > C Winchester Adjoiners I� 57 i s2s >Jf [ � > o T Parcel Boundaries ' �c jS+R GR 'I 1 j // !� 1,000 500 0 1,000 2,000 � _ ( 622 / ! o ap Data Source: Frederick County, Va. GIs Department, April 2008 Data and City of Winchester, Va. GIS Department, April 2008 Data Willow Faun Adjoining Property Owners File 380OWG Number Tax Map Number Owner Mailing Address _ City & State ZIP Winchester] 1 188-04- - 2- 750 LLC 1603 S LOUDOUN STREET WINCHESTER VA 22601 2 188-04-- 1- A SFEIR RAMSEY - SFEIR JANET E KEIM 730 MERRIMANS LN WINCHESTER VA 22601 3 188-04-- 1- SFEIR RAMSEY ET UX - SFEIR JANET E KEIM 730 MERRINANS LANE WINCHESTER VA 22601 4 188-06-- 61- CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 5 209-01-- 1- CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 6 230-06-A- 8- A CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 7 230-06-A- 8- LITTELL CANDACE L - MAXWELL SCOTT J 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 8 229-01-A- 9- MAXWELL SCOTT J - LITTELL CANDACE L 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 9 229-01-A- 10- JJAROTZKY VLADIMIR - JAROTZKY MARIE E P O BOX 1828 WINCHESTER VA 22604 10 229-01-A- 11- MORRIS DUANE LEE - MORRIS MICHELLE RENEE 1881 CLAYTON RIDGE DR WINCHESTER VA 22601 11 229-01-A- 12- JUSTICE KAREN E - JUSTICE JOSHUA PAUL 1885 CLAYTON RIDGE DR WINCHESTER VA 2260i 12 229-01-A- 13- SHAFRAN STEVEN P - SHAFRAN CAROL A 1889 CLAYTON RIDGE DR WINCHESTER VA 22601 13 229-01-A- 14- NIELSEN EARL A - NIELSEN JANET R 1893 CLAYTON RIDGE DR WINCHESTER VA 22601 14 229-01-A- 15- MARTIN DANIEL G - MARTIN LISA M 1000 STERLING DR WINCHESTER VA 22601 15 229-01-A- 16- MCKEE KENNETH - MYERS COLLEEN W 1901 CLAYTON RIDGE DR WINCHESTER VA 22601 16 229-01-A- 17- KEE CONSTRUCTION SERVICES LLC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601 17 229-01-A- 18- KEE CONSTRUCTION SERVICES LLC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601 18 229-01-A- 19- FASANO JEROME - FASANO CHRISTINE 6720 UNION MILL RD CLIFTON VA 20124 19 229-01-A- 20- INVICTUS VA II LLC 25050 RIDING PLAZA STE #130-810 SOUTH RIDING VA 20152 20 229-01-A- 21- INVICTUS VA II LLC 25050 RIDING PLAZA STE #130-810 SOUTH RIDING VA 20152 21 229-03-7- 223- OAKCREST PROPERTIES LLC 126 N KENT ST WINCHESTER VA 22601 22 229-03-7- 225- OAKCREST PROPERTIES LLC 126 N KENT ST WINCHESTER VA 22601 23 229-03-7- 224- OAKCREST PROPERTIES LLC 126 N KENT ST WINCHESTER VA 22601 24 229-03- - 208- FREEDMAN GARY S 2015 STONELEIGH DR WINCHESTER VA 22601 25 229-03- - 207- MITCHELL RALPH C - MITCHELL SHIRLEY A 155 HARVEST RIDGE DR WINCHESTER VA 22601 26 229-03- - 206- MOHAMMAD LAMAR 2023 STONELEIGH DR WINCHESTER VA 22601 27 229-03- - 205- MILLER MATTHEW T 2027 STONELEIGH DR WINCHESTER VA 22601 28 229-03- - 204- QASIMYAR MOHAMMED JUMA 20544 FIVE OAKS CT STERLING VA 20165 29 229-03- - 203- SIRBAUGH FORREST E III - SIRBAUGH DONNA C 2035 STONELEIGH DR WINCHESTER VA 22601 30 249-07- - 202- WAKEMAN BRANDON LANE 2039 STONELEIGH DR WINCHESTER VA 22601 31 249-07- - 201- WALLACE PAMELA K PO BOX 91 EASTON MD 21601 32 249-07- - 200- WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER VA 22601 33 249-07- - 199- US BANK NA C/O HOMECOMINGS FINANCIAL LLC 6 EXECUTIVE CIRCLE #100 IRVINE CA 92614 34 249-07- - 198- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER VA 22601 35 249-07- - 197- CHANEY BELINDA K 2059 STONELEIGH DR WINCHESTER VA 22601 36 249-07- - 196- MILONE KIMBERLY A 2063 STONELEIGH DR WINCHESTER VA 22601 37 249-07- - 195- SHONK ROBERT J - SHONK SHEILA M 16308 SPILLMAN RANCH LOOP AUSTIN TX 78738 38 249-07- - 194- HUGHES WILLIAM C 2071 STONELEIGH DR WINCHESTER VA 22601 39 249-07- - 193- HALL CHRISTOPHER E - HALL KAREN E 1934 HARVEST DR WINCHESTER VA 22601 40 249-07- - 192- BASNILLO MARCO A V 2079 STONELEIGH DR WINCHESTER VA 22601 41 249-07- - 191- MELCO INC 609 CEDAR CREEK GR _ WINCHESTER VA 22601 42 249-07- - 190- HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER VA 22601 43 249-07- - 189- ELSEA SUSAN E 2091 STONELEIGH DR WINCHESTER VA 22601 44 249-03- - 49B- HUGHES BRANDON W - DELLINGER MORGAN LEIGH 2095 STONELEIGH DR WINCHESTER VA 22601 45 249-03- - 49A- OAKCREST PROPERTIES LLC 126 N KENT ST WINCHESTER VA 22601 46 249-03- - 48B- DOLL JOSHUA J - DOLL JEFFREY L 447 WOODFIELD LN WINCHESTER VA 22602 47 249-03- - 48A- IAROSIS MICHAEL F ET UX - IAROSIS RALUCA 818 S CHARLES STREET BALTIMORE MD 21230 48 249-03- - 4713- CRANSTON ANN CASEY 2111 STONELEIGH DRIVE WINCHESTER VA 22601 49 249-03- - 47A- IAROSIS MICHAEL F ET UX - IAROSIS RALUCA 818 S CHARLES ST BALTIMORE MD 21230 50 249-03- - 4613- ROSENBERGER AMY THOMAS 2119 STONELEIGH DRIVE IWINCHESTER VA 22601 10/14/2008 Source: Frederick County GIS, April 2008 City of Winchester GIS, April 2008 1 of 2 Willow Run Adjoining Property Owners File 3800WG Nuniber Trx Map Number Owner —� Mailinq Address - - City & State ZIF= 51 249-03- - 46A- BYRD SHARON M _ P O BOX 206 BERRYVILLE VA 22611 52 249-01-- 4- BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER VA 22601 1 53 249-01-- 3- LONG MEADOWS FARM OF VIRGINIA 3 LLC 609 CEDAR CREEK GD WINCHESTER VA 22601 54 9-01- - 2- F269 RACEY LESTER E - RACEY HILDA C 940 CEDAR CREEK GRADE WINCHESTER VA 22601 55 -05-A-1- TURNER ENTERPRISES LLC 2971 VALLEY AVE WINCHESTER VA 22601 Frederick Count 56 63 A 2H TURNER ENTERPRISES LLC 2971 VALLEY AVE WINCHESTER VA 22601 57 63 92 24A GREYSTONE DEVELOPERS INC 2055 VALLEY AVE 'WINCHESTER VA 122601 58 63 A 2K C & W PROPERTIES PO BOX 221 IMILLWOOD VA 22646 59 63 A 2D BRIDGEFORTH RUTH D 1064 CEDAR CREEK GR WINCHESTER VA 22602 60 63 A 1 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER VA 22604 61 52 A 310 GLAIZE FRED L III & ANN W PO BOX 888 WINCHESTER VA 22604 62 53 3 Al GORDON JAMES C. JR. 324 ORCHARD LN WINCHESTER VA. 1226021 63 53 A 95 GORDON JAMES C. JR. 324 ORCHARD LN WINCHESTER VA. 22602 64 52 205 54 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER VA 22601 65 52 18 8 ROUSE JASON - & TALMAGE DAVINA 118 PARKINS LN WINCHESTER VA 22602 66 52 18 7 CODELLA DOMENICO & MARIELA 143 PARKINS LN WINCHESTER VA 22602 67 52 18 6 SMITH KIM TERRY - COOPER MARY E 133 PARKINS LN WINCHESTER VA 22602 68 52 18 5 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER VA 22601 69 52 A 313 PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602 70 53 A 88 PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602 71 53G 1 4 48A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 WINCHESTER VA 22604 72 53G 14 48 LYNCH MAURADE ANN 886 MERRIMANS LN WINCHESTER VA 22602 73 53G 14 47 WIMSATT WILLIAM LEE - & BRYAN HEATHER ANN 878 MERRIMANS LN WINCHESTER VA 22602 74 53G 14 46 HERNANDEZ EDGAR B - & MARTINEZ SANDRA BARAHONA 872 MERRIMANS LN WINCHESTER VA 22602 75 53G 14 45 STANEART BRIAN KENT & LINDA CHUN 866 MERRIMANS LN WINCHESTER VA 22602 76 53G 1 4 44 CHASE EDWARD M & MARIETTE A 101 HOMER DR WINCHESTER VA 22602 77 53G 1 1 8 SMITH VICKI L 100 HOMER DR WINCHESTER VA 22602 78 53G 1 1 7 MELLOTT NANCY K 828 MERRIMANS LN WINCHESTER VA 22602 79 53G 1 1 6 SWOGGER JAMES F & JERI L 820 MERRIMANS LN WINCHESTER VA 22602 80 53G 1 1 5 MARCOCCIO ANTHONY & FRIDA T 812 MERRIMANS LN WINCHESTER VA 22602 81 53G 1 1 4 MARTINEZ MARIO ARCENIO 806 MERRIMANS LN WINCHESTER VA 22602 82 53G 153G 1 1 3 CHAMBERLAIN ANTHONY N & SANDRA G 101 OKEEFE DR WINCHESTER VA 22602 83 1 1 2 GOLIGHTLY ROBERT & MARIAN M 100 OKEEFE DR WINCHESTER VA 22602 84 53G 1 1 1 CRESPO RAUL & NEREIDA 770 MERRIMANS LN WINCHESTER VA 22602 85 53G 1 1 1A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 WINCHESTER VA 22604 86 53 A 89 EMMONS ELMER L & BETTY M 747 MERRIMANS LN WINCHESTER VA 22601 10/14/2008 Source: Frederick County GIS, April 2008 City of Winchester GIS, April 2008 2 of 2 _ a W Lu W m 1000 m 1000 2000 SCALE: 1" = 1000' ��.!` - ' '� 7 IN ` asi a ai iar i ;a` i r � � 'IWlE i' a r ti Avt t .. fy ; i °� y t sy � H Op ZONING LEGEND .. �°�^•...�. � r _ ^ - - S'�` _ _ �►� - ,�i^H1b - - �So`'�N� .Zj N°.022637 RA RURAL AREAS DISTRICT _ RP RESIDENTIAL PERFORMANCE DISTRICTO`SIONALG R4 RESIDENTIAL PLANNED COMMUNITY y , RS RESIDENTIAL RECREATIONAL COMMUNITY MH1 MOBILE HOME COMMUNITY DISTRICT 81 NEIGHBORHOOD BUSINESS DISTRICT 4 �J - — 82 BUSINESS GENERAL DISTRICT - std wFE - Y C B3 INDUSTRIAL TRANSITION DISTRICT M1 LIGHT INDUSTRIAL DISTRICT 3777 - .... M2 INDUSTRIAL GENERAL DISTRICT U EM E%TRACTIVE MANUFACTURING DISTRICT t1y _ % /�� 5 C C, ® HE HIGHER EDUCATION DISTRICT • �� i �1% �� ice_ T+ �%/ � � Z d CITY ZONING DISTRICTS LEGEND - �"' r i0 O u' x LR LOW DENSITY RESIDENTIAL DISTRICT _ ��I / j _ j_ �% J ® Q MR MEDIUM DENSITY RESIDENTIAL DISTRICT _ R ""� ,t j 7 / HR HIGH DENSITY RESIDENTIAL DISTRICT _ _ i Z a HR -1 LIMITED HIGH DENSITY RESIDENTIAL DISTRICT sDaR'` RO-I RESIDENTIAL OFFICE DISTRICT i RB -1 RESIDENTIAL BUSINESS DISTRICT B-1 CENTRAL BUSINESS DISTRICT °Rs jj B-2 HIGHWAY COMMERCIAL DISTRICT z! r f O CM -1 COMMERCIAL INDUSTRIAL DISTRICT M-1 LIMITED INDUSTRIAL DISTRICT ii pD M-2 INTENSIVE INDUSTRIAL DISTRICT HS HEALTH SERVICE DISTRICT �Ayy J �, R110- MC MEDICAL CENTER DISTRICT /► �+aw HE-1 HIGHER EDUCATION DISTRICT w C C� /// EIP EDUCATIONAL, INSTITUTIONAL, & PUBLIC DISTRICT OM PUD PLANNED UNIT DEVELOPMENT DISTRICT �— PMH PLANNED MOBILE HOME DISTRICT ��° Q i �✓ -- PSC PLANNED SHOPPING CENTER DISTRICT DATE: 11/18/06 -•- �- HISTORIC WINCHESTER DISTRICT SCALE: 1" = 1000' DESIGNED BY: EW _ ext Y -_-_. .� ___-----Ftt� ��-- -a •_ ,;.�� £ � �� FILE NO. 3800WG SHEET 1 OF 1 KEY TO ADJOINING PROPERTY OWNEU W LU Z GMY N HARVEY No.036141 DATE JULY 2008 SCALE I.=. DESIGNED BP TEAM JOB NO. S OYIG SHEEP 3 U ll REZONING APPLICATION #12-08 WALGREENS-DAIRY CORNER PLACE Staff Report for the Planning Commission Prepared: December 1, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/17/03 Pending Board of Supervisors: 01/14/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for commercial uses (pharmacy and office uses proffered). LOCATION: The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53 -A -92A, 53 -A -92B, 53-A-94, 53-3-A and 63 -A -2A PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (Business General) South: RP (Residential Performance) East: B2 (Business General) RP (Residential Performance) West: RP (Residential Performance) B2 (Business General) Use: Winchester Gateway Commercial Use: Residential/Dowell J. Howard Use: Commercial (220 Seafood) Residential Use: Residential Residential Rezoning # 12-08 — Walgreens -Dairy Queen Place December 1, 2008 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7 and Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the Walgreens -Dairy Corner Place rezoning application dated November 13, 2008 addresses transportation concerns associated with this request. VDOT has the following concerns: We feel the $10,000.00 monetary contribution is inadequate to offset needed improvements along the Route 7 corridor that are associated with development's transportation impacts. No provisions for a multiuse trail/bike facility along Route 7. One option may be removing proposed entrance on Dairy Corner Place and utilizing existing pavement as a multi -use trail by closing Dairy Corner Place from Valley Mill Road to Martin Drive. Proffer 1.8 indicates sidewalk along property frontage with Valley Mill Road. It appears from the Generalized Development Plan that this sidewalk will have to be located off the right-of-way and therefore not maintained by VDOT, additional right-of- way will have to be provided. Hatched out pavement section on Valley Mill Road, across from proposed entrance, may be better utilized as a left turn lane for Dowell J. Circle. We recommend extending road widening back to Martin Drive to accommodate this left turn lane. 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. Public Works Department: Refer to Land Use, page 1: Discuss the demolition of the three residential dwellings and any appurtenant structures with a reference to proper abandoning of wells and/or drainfields in accordance with health department requirements. Because of anticipated age of the existing dwellings (constructed prior to 1978), asbestos inspections will be required prior to demolition. These inspections could be performed in conjunction with an overall environmental site assessment. Refer to Access and Transportation, page 2: The existing intersection of Dairy Corner Place and the entrance drive to the old 200 Restaurant site does not provide for safe left-hand turns onto Route 7. Include required improvements at this location to accommodate ingress and egress traffic using Dairy Corner Place to access the proposed Walgreens site. Any proposed improvements should also be reflected in the proffer statement. Impact Analysis: Provide a detailed discussion of the site drainage and proposed stormwater management improvements. Any stormwater management facilities must be designed to meet or exceed the current BMP requirements specified by the Virginia Department of Conservation and Recreation. The stormwater analysis should evaluate the need for improvements to the culvert under the entrance to the 200 property. Consideration should be given to a regional stormwater facility which will also accommodate storm drainage from the adjacent Burns' property. Rezoning #12-08 — Walgreens -Dairy Corner Place December 1, 2008 Page 3 Department of Insnections: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: Sewer and water are available to this site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: No objections as long as no wells or septic systems are being impacted from construction on neighboring properties. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that while the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. Department of Parks & Recreation: No comment. Winchester Reeional Airport: It is determined that the proposal will not impact operations at the Winchester Airport. Frederick County Attorney: Please see attached letter dated November 5, 2008 from Roderick B. Williams, County Attorney. Planninp_ Department: Please see attached Memo dated November 20, 2008from Michael T. Ruddy, AICP, Deputy Planning Director. PlanninLy & Zoninjz: Site History In 2002, the property for which this rezoning being requested was subject to rezoning application RZ#06-02. This application was very similar to the current request in that it was for a B2 (Business General) commercial zoning with proffers. The Planning Commission recommended denial of this request at their 09/04/02 meeting. The Applicant subsequently withdrew this request by letter dated September 19, 2002 prior to it being presented to the Board of Supervisors. Transportation concerns appeared to be a significant issue at that time. The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. Rezoning # 12-08 — Walgreens -Dairy Corner Place December 1, 2008 Page 4 1) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. The business corridor expectations of the Comprehensive Plan should be recognized. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Place, and ultimately Route 7 should be avoided. In addition, future improvements to Route 7 and the I-81 interchange may need to use some part of the existing VDOT right of way of Dairy Corner Place in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Valley Mill Road and a secondary access point is proposed to be provided from Route 7 (Berryville Pike) via a full commercial entrance on existing Dairy Place Corner and a connection to Martin Drive at its intersection with Route 7. Please recognize that the proposed access onto the site via the Dairy Corner commercial entrance is very constrained This entrance indirectly to Route 7 should be eliminated. Additional entrances along such a significant transportation corridor should be avoided. Rezoning #12-08 — Walgreens -Dairy Corner Place December 1, 2008 Page 5 The existing entrance at Martin Drive and Dairy Place Corner appears to be inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional commercial traffic. it is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter -parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, to Martin Avenue and to the Route 7 frontage, and along the Route 7 frontage. Presently, only a bike path along Valley Mill Road is provided. 2) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. A more thorough evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. It would appear as though a couple of mature trees exist in the front of the property and it would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. 3) Potential Impacts A. Transportation Based upon the scenario described in theApplicant's TLA, the TLA describes improvements that are necessary to achieve an acceptable level ofservice. Not all of these improvements will be in place and not all improvements are being provided It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. Rezoning #12-08 — Walgreens -Dairy Corner Place December 1, 2008 Page 6 Pedestrian and bicycle accommodations have been provided in a coordinated manner along Valley Mill Road. However, other accommodations, in particular, along the Route 7 frontage should be specifically incorporated into the proffer language. The closure of Dairy Place Confer in the manner identified in the application, and potentially at Martin Drive, should be achieved as part of the development of this site. The 5 year sunset clause on this closure and the future impacts of constructing this improvement are not desirable. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in. recognition of the need to address the broader transportation improvements in the developing-ar-eas-of�he-County- in addition to the specific improvements they may be proposing. Such an approach has been considered with this .request. However, the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. Additional Frederick County Transportation Comments: • Staffwould reiterate that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. • The issue of access on to Dairy Corner Lane via the 220 Seafood Entrance continues to be a safety concern. Staff recognizes the attempts to reduce the impacts of this entrance through closure of Dairy Corner at Valley Mill, but cannot support the entrance in its current configuration due to potential conflicts between the ultimate user of the 220 site and this site. A more long term vision needs to be applied to the development of the automobile access to this site that considers the County's Eastern Road Plan. • Staff would note that the significant concentration of attached housing nearby would indicate, an increased need for access to Route 7for bicyclists andpedestrians trying to access shopping, not to mention patrons of this site. We would recommend consideration of enhanced bicycle and pedestrian amenities not only to your site, but also to Route 7. • Finally, staff would continue to point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent of what was proffered for another recentpharmacy rezoning. However, that rezoning was approximately 15, 000 square feet compared to this site 's proposed 25, 000 square feet and that rezoning was located in an area of much lower traffic congestion. Rezoning #12-08 — Walgreens -Dairy Corner Place December 1, 2008 Page 7 B. Design Standards The application does not provide for the addition of an enhanced landscaping buffer area along the properties frontage with Route 7. The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. Given the adjacent residentially zoned properties to the east and west of this site, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. D. 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. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 4) Proffer Statement — Dated September 4, 2005 with latest revision November 25, 2008 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through November 25, 2008) for the site. The GDP shows a full entrance on Dairy Corner and a full entrance on Valley Mill Road. The location of a potential location for inter parcel connections is also shown on the GDP. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. It may be prudent to provide more specificity on important elements such as landscaping, buffering, and site layout. B) Land Use The Applicant has stated that they intend to develop the property with up to 15,000 square feet of pharmacy use and up to 10,000 square feet of office use on the property. This is generally consistent with the TIA. The applicant has not proffered any enhanced landscaping along the site's road frontages which would enhance the corridor appearance of theproperty and address this goal of the Comprehensive Plan. Rezoning 412-08 — Walgreens -Dairy Corner Place December 1, 2008 Page OR B) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the south east corner of the site. The proffers, in particular proffers 1.3 and 1.11 should be evaluated and potentially modified to reflect the need not to have an entrance on Route 7 via Dairy Place and Martin Drive. Improvements to the east side of Valley Mill Road across the properties frontage including improvements to the north bound leg of the Valley Mill Road and Route 7 intersection are provided, as is the dedication of any necessary right of way needed to make the improvements. Ultimately, Valley Mill Road is planned to not connect with Route 7 in its current location. Significant improvements in this location may further compromise the ability to implement the long term improvements in this general area. Regardless, any improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. The Applicant has proffered a $10,000 contribution for future transportation improvements within the general vicinity of the property. The applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement or address additional impacts that could be associated with this request. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented The Applicant has proffered to close the existing access from Dairy Place Corner to Valley Mill Road. All site and transportation improvements should be completed prior to the issuance of a Certificate of occupancy on the first building. Proffer 1.7 should be revised accordingly. The closure of Dairy Place Corner and Martin Drive should also be evaluated. The Applicant has proffered to construct a 10' asphalt hiker/biker trail along the property frontage with Valley Mill Road. A similar improvement should be provided along the Route 7/Dairy Corner Place frontage. Improvements should also be considered to connect along Valley Mill Road to Martin Drive. Rezoning #12-08 — Walgreens -Dairy Comer Place December 1, 2008 Page 9 D) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. Monetary contributions to offset the impact of development should be made prior to the issuance of thefirst building permitfor the property. Proffer 3.3 should be revised accordingly. STAFF CONCLUSIONS FOR THE 12/17/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan, in particular the Route 7 Business Corridor Plan and the Eastern Road Plan. Particular attention should be paid to the transportation impacts associated with this request and the proposed entrances to the facility. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not recognized. Followinz the required public hearing, a recommendation reaardinQ 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. of FREDERICK Department of Planning and Development 0/665-5651 0/665-6395 TO: Patrick Sowers FROM: Michael T. Ruddy, AICP Deputy Director RE: Initial Comments — Walgreens, =fairy Coiner Rezoning Application DATE: November 20, 2008 The following points are offered regarding the Walgreens, Dairy Comer Commercial Rezoning Application. This is a request to rezone 3.1 acres from RA to B2 with Proffers. Please consider the comments as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input that has previously been provided on this request. Please ensure that these comments and all review agency comments are adequately addressed. Land Use. The property is located in the area covered by the Route 7 Corridor Plan. The property is within the UDA and SWSA and is designated as an area of commercial land use. The business corridor expectations of the Comprehensive Plan should be recognized. General. Consider providing more design details, including the form of the layout of the site and the building materials, which would implement the goal of developing an attractive addition to the Route 7 corridor. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Similar projects in other developing areas of the community have attempted to address the corridor appearance efforts of the County. Such an approach may include locating the buildings on the property to the front of the site, Route 7 and Valley Mill Road, and limiting the amount of parking in front of the buildings in favor of providing more parking internal to the sight. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 2 Transportation. This application should focus on the entrance to Valley Mill Road, Valley Mill Road, and an erdianced interparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an Urban six -lane divided facility. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Place, and ultimately Route 7 should be avoided. The existing entrance at Martin Drive and Dairy Place Corner appears to be inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional commercial traffic. In addition, future improvements to Route 7 and the I-81 interchange may need to use some part of the existing o DOa �g support of the ay in the ommerc al development acing additional may irriprovements in this righty compromise the ability to make needed improvements in the future. The function of the existing signal at Valley Mill Road and Route 7 should continue to be enhanced and improvements to Valley Mill Road should be promoted. Improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. It is anticipated that additional right-of-way and improvements may be necessary along Valley Mill Road. Future right-of-way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. This may warrant a greater amount of dedication than the proffered 10'. More detail should be provided regarding Martin Avenue and its intersection with Valley Mill Road. This intersection appears to be approximately 150' from this property. Martin Avenue is an existing State Road that does not meet current street standards. Consideration should be given a s street standathe rrontage of Valley d that meets all current sill tandards. oad � the entrance to Martin Avenuepublic This application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Valley Mill Road and Martin Drive. Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 3 It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter -parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request relative with the scale of this request. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Avenue, and Martin Avenue, to the Route 7 frontage, and along the Route 7 frontage. Bike and pedestrian accommodations should be a consideration across the Route 7/Dairy Corner frontage and across Valley Mill Road intersection. This should be done at this time and in conjunction with your proffered intersection improvements at this location. Proffer Statement. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified. It may be prudent to provide more specificity on important elements. In addition, the Generalized Development Plan should be specifically referenced in the proffers. Section 1 of the proffers may be the best place to do this. Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. Proffer 1.10 should be evaluated to reflect the desire not to have an entrance on Route 7 via Dairy Place and Martin Drive. Vehicular circulation should be via the signalized intersection and interparcel connections. Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 4 All site and transportation improvements sh°U P offe be completed ?.6)e Profferr 1.9 appears o b he Certificate of occupancy on the first building � d prior to exception. In this case, all easements shall be provide an can be provided to plan approval to insare that the improvements shown on thep Monetary contributions to offset the impact of development s should ld b made3-3 should prior rethe issuance of the first building permit for the property. sed accordingly. foot mercial development which This proffer statement provides for 25,0window. 00 The monettary contributions aimed o would include a pharmacy with drive up offset the impact of development should be carefully evaluated to ensure they are relative to the proposed development. The proffer statement must be signed by the owner/owners of the property. Impact Analysis- uding a acy The application proffers 25,000 square feet breakdown of the sgof cOnunerc'al, ivare footage of the uses drive through window. There is no further b The TIA models a 15,000 square foot pharmacy and10,000 sgtus offeet thiof medical l o request ce uses. This should be considered when evaluating t he proffer statement. Based upon the above scenario, the TIA describes improvements that are necessary to Baan acceptable level scenario service. Not all of these improvements will be in place and achieve not all improvements are being provided. It would appear as though even with your suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved. Other.s on the property to if I would suggest an evaluation of the existing m turectTe It would be desirable to pxeserve any can be incorporated praed intothe design of the such examples if possible in articular, along the Route 7 frontage. ents rovided b Mr. John Bishop,AICP Additional comm Entrance s The issue of access on to Dairy SStaff recognizes he attempts Lane via the 220 to dreduce the continues to be a safety conte. ey impacts of this entrance through closure Dairy onfigu configuration due ilt° po�tie n al ut cannot support the entrance in its current conflicts between the ultimate user of the 220 site and this site. A more song Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page • term vision needs to be applied to the development of the automobile access to this site that considers the County's Eastern Road Plan. • We would note that the significant concentration of attached housing nearby would indicated an increased need for access to Route 7 for bicyclists and pedestrians trying to access shopping, not to mention patrons of this site. We would recommend consideration of enhanced bicycle and pedestrian amenities not only to your site, but also to Route 7. • In reviewing the materials sent to VDOT and copied to the County regarding pro - rata shares for transportation, staff must point out that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. • Finally, staff must point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent of what was proffered for another recent pharmacy rezoning. however, that rezoning was approximately 15,000 square feet compared to this site's proposed 25,000 square feet and that rezoning was located in an area of much lower traffic congestion. Once again, please ensure that all review agency comments are adequately addressed. Attachments MTR/bbd 9 November 5, 2008 VIA FACSIMILE (540-665-0493) AND FIRST-CLASS MAIL Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/6.67-0370 E-mail: rwillia cibco.frederick.va.us Re: Walgreens — Dairy Corner Place — Proposed Rezoning Proffer Statement dated September 4, 2008 Dear Patrick: I have reviewed the above -referenced proposed Proffer Statement. 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: • Proffer 1.1 — The proposed application materials are titled "Walgreens - Dairy Corner Place" and refer to a 15,000 square foot pharmacy and 10,000 square feet of office space, but the Proffers do not actually exclude any B2 uses, nor does the GDP identify any particular structures contemplated for the Property, whether corresponding to pharmacy and/or office space use or otherwise. • Proffer 1.2 — The TIA refers on page 17 to the site entrance on Dairy Corner Place as being a. rig0h+-irJright-out entrance. but. the Proffers do not impose such a limitation. • Proffer 1.3 — The Proffer does not indicate any specific triggering event for the referenced inter -parcel connector, such as, at such time as the adjoining parcel(s) becomes subject to a particular use or uses. • Proffer 1.4 — The Proffer provides for the design and construction of the additional northbound left turn lane on Valley Mill Road at the intersection with Route 7 and the GDP indicates "10' R.O.W. DEDICATION" along Valley Mill Road as it borders the Property, but the Proffer does not commit to make the indicated dedication. • Proffer 1.5 — The Proffer does not state a time period, upon occurrence of approval by Frederick County and VDOT, within which the Applicant will provide for the closure of access from Dairy Corner Place to Valley Mill Road. 107 North Kent Street • Winchester, Virginia 22601 W. Patrick Sowers November 5, 2008 Page 2 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. Sincerely, &od*c it s County Attorney cc: Michael T. Ruddy, AICP, Deputy Director, Department of Planning and Development t ONWO;'i OR ii h Wall LLC L F� 51 A 99Y, WIN LLC Walgree-ULS - )airy 0-j_ ner Place ReZoning REZ#12-08 PIN: 54F- 1 -9A, 54F- 1 -9, 54F -A-30, 54F -3-A ridF-'I-A1 rA_ 1 _ A-) 5 3+l Kai "'ff"� t� I �"Ef" N 0 50 100 200 Feet 1 yti yea > Future Rt37 Bypass Zoning Case Planner: Mike g M2 (industrial, General District) ® Application _,1 BI (Business, Neighborhood District) 40' Mlll (Mobile Home Community District) Buildings Bl (Business, General Distrist) ow+ MS (Medical Support District) w • `— Urban Development Area 40 B3 (Business, Industrial Transition District) R4 (Residential Planned Community District) SWSA EM (Extractive Manufacturing District) R5 (Residential Recreational Community District) HE (Higher Education District) ? RA (Rural Area District) MI (Industrial, Light District) RP (Residential Performance District) t j 1 A t ONWO;'i OR ii h Wall LLC L F� 51 A 99Y, WIN LLC Walgree-ULS - )airy 0-j_ ner Place ReZoning REZ#12-08 PIN: 54F- 1 -9A, 54F- 1 -9, 54F -A-30, 54F -3-A ridF-'I-A1 rA_ 1 _ A-) 5 3+l Kai "'ff"� t� I �"Ef" N 0 50 100 200 Feet 1 yti yea > Future Rt37 Bypass Zoning Case Planner: Mike g M2 (industrial, General District) ® Application _,1 BI (Business, Neighborhood District) 40' Mlll (Mobile Home Community District) Buildings Bl (Business, General Distrist) ow+ MS (Medical Support District) w • `— Urban Development Area 40 B3 (Business, Industrial Transition District) R4 (Residential Planned Community District) SWSA EM (Extractive Manufacturing District) R5 (Residential Recreational Community District) HE (Higher Education District) ? RA (Rural Area District) MI (Industrial, Light District) RP (Residential Performance District) t PROPOSED PROFFER STATEMENT REZONING: RZ # I--� -09 Residential Performance (RP) to Business General (B2) PROPERTY: 3.1 acre +/-; Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, and 54F -3-A2 (the "Property') RECORD OWNER Eastside Holdings, LLC APPLICANT: Eastside Holdings, LLC PROJECT NAME: Walgreens - Dairy Comer Place ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE (S): October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21,2008; November 25, 2008 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning maybe contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Walgreens - Dairy Comer Place" dated September 4, 2008 revised November 25, 2008 (the "GDP"), and shall include the following: 1. Site Development 1.1 Development of the Property shall be limited to a pharmacy and/or office uses. Pharmacy uses shall be limited to a maximum building floor area of 15,000 square feet. Office uses shall be limited a maximum building floor area of 10,000 square feet. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement Walgmens — Dairy Corner Place 1.3 Access to the Property shall be limited to one entrance on Valley Mill Road as well as one entrance on Dairy Corner Place in substantial conformance with the locations 111 ted on the GDP. (See 1A and 1B on the GDP) dep ,, 1.4 Prior to issuance of a certificate of occupancy for any Cmn•g constructed on the Property, the Applicant shall provide an inter -parcel connector for access to and from the area located east of the Property in substantial conformance with the location depicted on the GDP. (See 2 on the GDP) 1.5 The Applicant shall design and construct all improvements necessary to provide two left turn lanes and a shared right/thru lane for northbound Valley Mill Road at the intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said improvement shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property and shall be subject to review and approval by the Virginia Department of Transportation (VDOT). (See 3 on the GDP) 1.6 The Applicant shall design and construct a left turn lane for the project entrance on Valley Mill Road as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. Said design shall be subject to review and approval by VDOT. (See 4 on the GDP) 1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing access from Dairy Corner Place to Valley NO Road as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT. In the event the Applicant does not receive written notification from Frederick County and VDOT within 5 years from the date of final rezoning to request the closure of said roadway, then the Applicant shall no longer be responsible for said improvement. (See 5 on the GDP) 1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage with Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 6 on GDP) 1.9 The Applicant shall construct a 10' asphalt hiker/biker trail to VDOT standards along the Property frontage with Valley Mill Road concurrent with the road improvements identified in Proffer 1.4. (See 7 on GDP) 1.10 Prior to site plan approval, the Applicant shall obtain any easements necessary to provide adequate sight distance as required by VDOT. 1.11 The Applicant shall improve the intersection of Martin Drive and Dairy Corner Place as required by VDOT for site plan approval. Said improvements shall be constructed prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 8 on GDP) 1.12 In the event the existing right of way for Dairy Corner Place is utilized for improvements to the Route 7 corridor, the Applicant shall not object to modifications by VDOT to the proposed site access to Dairy Corner Place as depicted on the GDP. (See 1B on GDP) Page 2 of 4 Proffer Statement 2. Design Standards Walgreens — Dairy Corner Place 2.1 Any structure erected on the Property shall be constructed using one or a combination of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dumpster pad screen walls shall be constructed of the same masonrymaterial(s) used for building construction. 2.2 Site lighting shall utilize full cut-off luminaries to minimize impacts to adjacent properties. 3. Monetary Contribution to Offset I_mpact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.3 The Applicant shall contribute the amount of ten thousand dollars ($10,000.00) to Frederick County for transportation improvements within the general vicinity of the Property. Said contribution shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property. 4. Escalator Clause 4.1 In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 Proffer Statement Respectfully submitted, Eastside Holdings, LLC Date: / o Walgreens - Dairy Corner Place STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrumen was acknowledged before me this day 2008, by ,��7`'- ,"=oi/ My commission exp. s 131 AAA Z -O / Notary Public-;, az'sto "I ublic✓ LILA M. TRIPLETT NOTARY PUBLIC Commonwealth of Virginia Reg. #335897 My Commission Expires Aug. 31, 2011 Page 4 of 4 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street T�{+ Winchester, Virginia 22601 B.-IFT�-g[ T 540.667.2139 F 540.665.0493 To: Organization/Company: From: Date: Project Name/Subject: PMR+A Project file Number: cc: Mike Ruddy, AICP Frederick County Planning and Development Pattick Sowers December 2, 2008 Walgreens — Dairy Corner Place 15824-1-0 Memorandum Please find attached a signed, notarized copy of the November 25, 2008 Proffer Statement for the Walgreens — Dairy Corner Place rezoning application. If you have any questions, please feel free to call me at (540) 667-2139. DEC 2 2009 / / 1B / o / Proposed D7 Entrance a -- 0 8 �f 0 0 7010' HIKER/BIKER TRAIL—�-\ Project Site p ,A RY CORNERPLACE VIRGINIA ROUTE 7 - BERRYVILLE PIKE Proposed Entrance 1A �01; 6\ I� I I I II I I I I OACCESS TO BE CLOSED ,+1q 0 ii it CsRAPH/CSCALE JO 15 O 30 60 ( /N FEET J 1 inch = JO !t. MR LLJ N Q LJ LLI 0 U CL a r00- Z J Z 0 J 0 a O + N O I d zz _M Y H 3 4. 00 W � N o O r 2 o I zz Y Z� Z 3 w 00 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 21 November 2008 Mr. Michael Ruddy, AIC' Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 RE: Proposed Rezoning for Walgreens - Dairy Corner Place RDear Mike: The following is in response to review comments per your letter dated November CORPORATE: 20, 2008. For your reference, I have attached all revised application materials Chantilly including Proffer Statement dated November 21, 2008. Our responses to VIRGINIA OFFICES: comments are as follows: Chantilly Charlottesville Land Use Fredericksburg Harrisonburg 'Me e property is located in the area covered by the Route 7 Corridor Plan. The Newport News property is within the UDA and SWSA and is designated as an area of commercial Norfolk land use. The business expectations of the Comprehensive Plan should be Winchester recognized. Woodbridge Agreed. The proposed commercial re.Zoning is in keeping n� the desired land uses depicted by the LABORATORIES: Comprehensive Plan. Chantillvith Fredericksburg General MARYLAND OFFICES: Baltimore Columbia Consider providing more design details, including the form of the layout of the site Frederick and the building materials, which would implement the goal of developing an Germantown attractive addition to the Route 7 corridor. Hollywood Hunt Valley Proffer 2.7 ensures that any buildings constructed on the Property utilise high quality masonry Williamsport materials. Re garding the form of the site layout, until we have completed the engineering phase of PENNSYLVANIA OFFICE. the project we would not be able to proffer a site layout Allentown T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Similar projects in other developing areas of the community have attempted to address the corridor appearance efforts of the County. Such an approach may include locating the building on the property to the front of the site, Route 7 and Valley Mill Road, and limiting the amount of parking in front of the buildings in favor of providing more parking -internal to the site. .In addition to the materials palette for building design, we have added the requirement for f ill cut - PH off luminaries for site lighting to improve the aesthetics of the site and minimise impacts from lighting on adjacent properties. The site is currently separated from Route 7 by Dairy Corner Place as well as a si.Zeable earthen berm between Dairy Corner Place and Route 7. We believe the proposed Wlalgremr Store will be an attractive building that will be a valuable addition to the Route 71 Valley Mill Road corridor. Transportation This application should focus on the entrance to Valley Mill Road, and an enhanced mterparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. The GDP provides for an interparcel connection to adjacent propery to the east in the most feasible location from an engineering/construction standpoint as shifting the interparcel connector would be difficult due to topographic constraints. This application must address the transportation components of the Counts Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an Urban six -lane divided facility. I TVe believe the applicant has provided a transportation proffer package that provides a greater amount of improvements than the pro -rata share approach as advised by the Comprehensive Plan. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Plan, and ultimately Route 7 should be avoided. The existing entrance at Martin Drive and Dairy Place Comer appears to be inadequate to support additional trips from this conunercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional commercial traffic. The Applicant has proffered to improve the intersection of Martin Drive and Dairy Corner Place as determined necessary by VDOT during site plan review (Proffer 1.11. This will ensure that the intersection is adequate to accommodate any trips utilising the intersection. I -A '�+'�, In addition, future improvements to Route 7 and the I-81 interchange may need to use some part of the existing VDOT right of way in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. In recognition of this possibility, the Applicant has proffered to not object to any modifications by VDOT to the site entrance at Dairy Corner Place should the Dairy Corner Place right of way be utili,,ed forfuture improvements to the Route 7 corridor. The function of the existing signal at ValleyMill Road and Route 7 should continue to be enhanced and improvements to Valley Mill Road should be promoted. Improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exist to DowellJ. Howard. The proposed entrance aligns with Dowell J Circle which provides access to Dowell J. Howard. The bus loop exit for Dowell f Howard is located further east on Valley Mill Road and, as the project adds no additional trips to Valley Mill Road east of the proposed entrance, the application will create no new impacts to the bus loop exit. It is anticipated that additional right-of-way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. This may warrant a greater amount of dedication that the proffered 10'. The proffered 10 feetin right of way dedication will accommodate the proposed Valley Mill Road improvements. We would note that the Eastern Road Plan does not show this portion of Valley Mill Road as a future improved roadway. More detail should be provided regarding Martin Avenue and its intersection vqth Valley Mill Road. This intersection appears to be approximately 150' from this property. Martin Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving the frontage of Valley Mill Road and the entrance to Martin Avenue to a public street standard that meets all current standards. The proposed application generates no trips assignable to Martin Drive, which is located east of the proposed entrance on Valley Mill Road. As such, we feel that improvement of Martin Drive and the Valley Mill Road frontage all the way to Martin Drive, should not be the responsibility of the + proposed application. This application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Valley Mill Road and Martin Drive. The proposed re.Zoning addresses all improvements across its frontage with Valley Mill Road, per the TLA, andprovides an interparcel connector for the adjacentpropery. It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter -parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. Per the Eastern Road Plan, the planned connection between existing Valley Mill Road and Route 7 will be at the existing entrance to Winchester Gateway, located further east of the Property than Martin Drive. The Applicant is providing an inter arcel connection in the most feasible location in an effort to accommodate an interconnected development pattern as other land east of the site is redeveloped. It is evident that this project would further deteriorate the level of service at the existing intersections in the vicinity of this site most specifically the intersections and Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. The existing LOS for the Route 7/I-81 / Valley Mill Road intersection is overall LOS D and the Valley Mill Road approach itself is a LOS F. Background traffic alone requires the same improvements as build -out. The TM shows that the intersection can be improved to an overall LDS C by adding an additional westbound thru lane on Route 7, additional left turn lane on Valley Mill Road, and an additional left turn lane on the I-81 NB oramp. By constructing the Vally Mill Road improvements, as proffered, the Applicant is improving the Valley Mill Approach from an existing LOS F to a LOS D while accommodating future traffic generation. In addition to these improvements, the Applicant has provided a monetary contribution to hep provide for other improvements in the Route 7 corridor that will be necessary regardless of whether or not this site develops. The transportation proffers exceed the pro -rata share that would be expected of the development per the Comprehensive Plan. On recent rezoning, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they maybe proposing. Such an approach should be considered with this request relative with the scale of the request. The Applicant has provided a monetary contribution in the amount of $ 10,000 in addition to the Valley Mill Road improvements. Per our letter to VDOT dated November 13, 2008, which was also provided to Planning Staff, we feel that our transportation proffer package is nearly twice the value needed to mitigated the transportation impacts of the proposed development using the pro -rata share approach advised by the Comprehensive Plan.. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Avenue, and Martin Avenue, to the Route 7 frontage, and along the Route 7 frontage. Bike and pedestrian accommodations should be a consideration across the Rout 7/Dairy Corner frontage and across Valley Mill Road intersection. This should be done at this time and in conjunction with your proffered intersection improvements at this location. The Applicant has proffered to construct a 10' asphalt hiker/biker trail along the Valley Mill Road frontage to accommodate both pedestrians and bicycle users. Proffer Statement The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified. It maybe prudent to provide more specificity on important elements. In addition, the Generalized Development Plan should be specifically referenced in the proffers. Section 1 of the proffers may be the best place to do this. Proffer 1.2 has been added to the Proffer Statement to state pecfcalythat the Property will develop in substantial conformance with the GDP—Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, m particular, the TIA. The TIA modeled 15,000 square feet of Pharmacy and 10,000 square feet of medical office uses. To be sure the trip generation far the site does not exceed the trips modeled, the Proffer now limits development of the site to these two uses at the respective maximum square foot modeled by the TIA. Proffer 1.10 should be evaluated to reflect the desire not to have an entrance on Route 7 via_ Dairy Place and Martin Drive. Vehicular circulation should be via the signalized intersection and interparcel connections. The Applicant believes that a second access point to the site at Dairy Corner Place is critical to the success of the commercial development of the Property. The proffer statement provides for improvements to the intersection of Martin Drive and Dairy Corner Place to ensure safe vehicular circulation. All site and transportation improvements should be completed prior to the issuance of a Certificate of occupancy on the first building (Proffer 1.6). Proffer 1.9 appears to be the exception. In this case, all easements shall be provided prior to site plan approval to insure that the improvements shown on the site plan can be provided. The Proffer Statement has been revised as suggested to require all sight distance easements prior to site plan approval. Monetary contributions to offset the impact of development should be made prior to the issuance of the first building permit for the property. Proffer 3.3 should be revised accordingly. As the site will notgenerate vehicle trips until it has obtained a certificate of occapancy (C. 0.) and is under operation, we feel that providing the monetary contribution at the time of a C.O. is appropriate since it coincides with the transportation impact. This proffer statement provides for a 25,000 square foot commercial development which would include a pharmacy with drive up window. The monetary contributions aimed to offset the impact of development should be carefully evaluated to ensure they are relative to the proposed development. As stated previously, per our letter to VDOT dated November 13, 2008, ave feel we are nearly twice the pro -rata share needed to mitigate the transportation impacts of this re.Zoning request. The proffer statement must be signed by the owner/owners of the property. g / Acknowledged JAL Impact Analysis The application proffers 25,000 square feet of commercial, including a pharmacy with drive through window. There is no further breakdown of the square footage of the uses. The 11A models a 15,000 square foot pharmacy and 10,000 square feet of medical office uses. This should be considered when evaluating the impacts of this request and the proffer statement. The Proffers and Impact Analysis have been revised to clarify that the development of the site will consist of a Pharmacy that is a maximum 15,000 square feet and a maximum of 10,000 square feet of office uses, as modeled in the TM. Based upon the above scenario, the TIA describes improvements that are necessary to achieve an acceptable level of service. Not all of these improvements will be in place and not all improvements are being provided. The Applicant is constructing all identified improvements for Valley Mill Road despite being just 31.86% of the future traffic growth on that roadway. It is important to note again that the same improvements would be needed under background traffic conditions alone. The proposal represents just 2.35% of the future traffic growth on Route 7 and 5.85% of the future traffic growth on the I- 81 NB off ramp. As stated previously, ave feel the Applicant has mitigated the pro -rata share of transportation improvements needed for the development of the Property. It would appear as though even with your suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved. The overall LOS for the intersection, with suggested improvements will be a LOS C. The Valley Mill Road approach is being improved from a LOS F which exists today to a LOS D while accommodating background trafcgrowth. Other I would suggest an evaluation of the existing mature trees on the property to determine if any can be incorporated into the design of the project. It would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. There are very limited mature trees on the site. Grading necessary to construct the road and site improvements will necessitate the removal of the majority of the trees on the Propery during construction. Additional comments provided by Mr. John Bishop, AICP 71 • The issue of access on to Dairy Corner Lane via the 220 Seafood Entrance continues to be a safety concern. Staff recognizes the attempts to reduce the impacts of this entrance through closure of Dairy Corner at Valley Mill, but cannot support the entrance in its current configuration due to potential conflicts between the ultimate user of the 220 site and this site. A more long term vision needs to be applied to the development of the automobile access to this site that considers the WunL`y S F-astem load .a1 -i. As stated previously, the County's Eastern Road Plan depicts a future connection for Valley Mill Road at the existing entrance to the Winchester Gateway development on Route 7 which is east of the subject Property. The Applicant has provided aninterparcel connection to provide access to property located to the East with the intent that, as redevelopment occurs in the area, access to this future road connection is facilitated through inter arcel connections. • We would note that the significant concentration of attached housing nearby would indicate an increased need for access to Route 7 for bicyclists and pedestrians trying to access shopping, not to mention patrons of this site. We would recommend consideration of enhanced bicycle and pedestrian amenities not only to your site, but also to Route 7. The revised proffer provides for a 90' hiker/biker trail along the Valley Mill Road frontage. Additionally, there is sufficient right of way for bicycle and pedestrian facilities to he developed concurrent with future Route 7 improvements. In reviewing the materials sent to VDOT and copied to the County regarding pro -rata shares for transportation, staff in, point out that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. The materials provided to the County and VDOT separated those improvements that would be required under commercial entrance standards and those improvements that are in excess of {� commercial entrance requirements which would total approximately ,$91,000. The existing approach for Valley Mill Road is a LOS E WIN the improvements proposed by the development, this movement improves to a LOS D even after adding 2,348 background and pr ject generated trips. With the improvements to Malley Mill Road and monetary contribution, the Applicant* mitigating the impacts of the additional traffic. Finally, staff must point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent of what was proffered for another recent pharmacy rezoning. However, that rezoning was approximately 15,000 square feet compared to this site's proposed 25,000 square feet and that rezoning was located in an area of much lower traffic congestion. 1X�e believe a rezoning is respfor mitigating the impacts it creates. The current proffer package provides an equivalent transportation value (above and beyond commercial entrance standards) of over x'100,000 even though the pro -rata share of the transportation impacts associated with the re,-oning total just over ,$50,000. lle feel that a re,7oning should be considered basis of whether or not it mitigates its site specific impacts. Per our analysis, we feel that this application more than adequately addresses these site specific impacts. I hope that these response aid in your review of the application. Please feel free to call if you have any questions. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R Sowers MR Enclosure Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH"F Winchester, Virginia 22601 T 540.667.2139 540.665.0493 To: Organization/Company: From: Date: Mike Ruddy, AICP Frederick County Planning Patrick Sowers November 21. 2008 2 v Memorandum Project Name/Subject: Walgreens — Dairy Corner Place Remlitig Application PHR+A Project file Number: cc: 15824-1-0 Please find attached the following application materials for the Walgreens — Dairy Corner Place Rezoning Application: 1) Signed Application 2) Notarized POA 3) Impact Statement 4) Notarized Proffer Statement dated November 21, 2008 5) Generalized Development Plan dated October 23, 2008 (40 Copies) 6) 40 copies of each color exhibit 7) Application fee in the amount of $10,360.00 I have also attached a response letter to your comment letter dated November 20, 2008. Additionally, per your request, the following is a list of comments from review agencies that are not directly addressed in the application materials as well as a brief justification for why they have not been directly addressed. Frederick County Public Schools 1) The school comment regarding the rezoning is that they are concerned that development generated traffic will exacerbate a current problem with buses leaving the Dowell J. Howard Center turning left onto Valley Mill Road. The bus exit for Dowell J. Harvard is located east of the proposed site entrance on Valley Mill Road. As such, any trips that will be leaving the site and heading east on Valley Mill Road would be trips that would have been headed that direction regardless (i.e. someone stops at Walgreens on the way home to the Wlindstone development). The development will not be sending any additional trips in front of the bus exit for Dowell J. Howard. Wle have discussed this point with Public Schools but they have chosen to ,deep the comment in place. Patton Harris Rust & Associates VDOT Memorandum Page 2 1) We feel the $10,000.00 monetary contribution is inadequate to offset needed improvements along the Route 7 corridor that are associated with developments transportation impacts. Tyle have provided a cost analysis depicting the pro -rata share for the proposed reoning derived from the percentage of future traffic,growth for affected roadways. Per our analysis, the Applicant has provided a transportation proffer package that is Weary double his pro -rata share. 2) No provisions for a multi -use trail/bike facility along Route 7. One option may be removing proposed entrance on Dairy Comer Place and utilizing existing pavement as a multi -use trail by closing Dairy Corner Place from Valley Mill Road to Martin Drive. The revised proffer provides for a 10' hikerl biker trail along the Valley Mill Road frontage. Additionally, there is sufficient right of way for bicycle and pedestrian facilities to be developed concurrent with future Route 7 improvements. 3) Proffer 1.8 indicates sidewalk along property frontage with Valley Mill Road. It appears from the Generalized Development Plan that this sidewalk will have to be located off the right-of-way and therefore not maintained by VDOT. If the intent is for the sidewalk to be maintained by VDOT, additional right-of-way will have to be provided. The Proffer Statement has been revised to provide a 70' asphalt hikerl biker trail rather than sidewalk along the Properly frontage to provide access for both pedestrians and bicyclists Ownership and maintenance of the trail will be determined at time of site plan. 4) Hatched out pavement section on Valley Mill Road, across from proposed entrance, may be better utilized as a left turn lane for Dowell J. Circle. We recommend extending road widening back to Martin Drive to accommodate this left turn lane. Ilse feel that the road widening from the subject Properly to Martin Drive for Valley Mill Road should be provided through the rezoning application currently under review as it fronts Valley Mill Road in this location. All other agency comments have been addressed. Please feel free to call me at (540) 667-2139 with any questions that you may have. PRS Engineers • Surveyors • Planners * Landscape Architects p:\project\ 15824-ivalgreens dairy corner lane\ 1-o\p1annirsg\p1ans\rti application matenalr\ruddy_n submission memo 112108. dor Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REVIEW AND APPROVAL OF THE WALGREENS - DAIRY CORNER PLACE Red Bud Magisterial District September 2008 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 PH Rn II. I MPACT AL -NT S I S WALGREENS - DAIRY CORNER PLACE IMPACT ANALYSIS STATEMENT November 2008 The ` algreens - Da' Corner Place Property (the "Propert;�') is ideally located for commercial uses. The Property, identified by Frederick County records as Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3-A1, and 54F -3-A2 consists of approximately 3.1 acres located along Valley Mill Road and Dairy Corner Place at the intersection of Valley Mill Road and Route 7 at the I-81 interchange (See Figure 1). The subject site is currently zoned RP (Residential Performance) and was previously used for three single family detached homes. This application seeks to rezone the Property to the B2 (General Business) District to allow for up to 10,000 square feet of office uses and a pharmacy up to 15,000 square feet in size. The site is located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County. SURROUNDING PROPERTIES As depicted by Figure 1, the properties located adjacent to the site are single family homes on RP zoning as well as the 220 Seafood Restaurant site which is zoned B2. To the North of the Property, across Route 7 is the Winchester Gateway shopping center zoned J32. LAND USE The subject acreage is located within the study boundary of the Route 7 East Corridor Land Use Plan however this plan only shows the existing zoning rather than the planned use for the Property. The Eastern Frederick County Long Range Land Use Plan identifies the Property with a business designation. As such, rezoning the site to allow for B2 uses, specifically a pharmacy site, would be in accordance with the land use as planned by the Frederick County Comprehensive Plan. ACCESS AND TRANSPORTATION The property would be served by an entrance on Valley Mill Road as well as an entrance on Dairy Corner Place as shown on the Generalized Development Plan (GDP). A traffic impact analysis (TIA) entitled "A Traffic Impact Analysis of Walgreens at Dairy Corner Place," was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The TIA analyzes the impacts developing the site with a 15,000 square foot pharmacy and 10,000 square feet of medical office type uses. The TIA indicates that background traffic will degrade the Level of Service (LOS) for the subject area intersections below a LOS C. To accommodate background traffic the TIA proposes the following improvements: Route 7/Valley Mill Road/I-81 ramps: • Additional westbound thru lane on Route 7 • Additional northbound left turn lane on Valley Mill Road • Additional southbound left turn lane on the NB I-81 off ramp. Impact Analysis Statement — Walgreens — Dairy Corner Place — —� f � t ` i - ..4 / j i f.l � � -�'. E � lIf /� � � �� s �� ,. + f I �� I �' �. 1 _ i _ �" -� �- i -• ,� ,�� u �r�� A ,_ �: __� t� � �' _ � .�.- +..} V+�� _ ..Fc �� r,,_�.�t _ ��._ P'+c c' Y "'Al s.w M FIGURE 2 DATE: 711108 Map Features �� 3 County Boundary �' •' ,'r,' C Tax Map Boundary � Community Centers � -* WINCHESTER George Washington National Forest GATEVItAY p Hamlets r 6 — Lakes/Ponds Streams . ` Sender Water Service Area `\ ` R Urban Development Area Roads/Transportation OF /\f Interstates '/'`v'' Primary Highways Secondary Roads Named Private Roads l Unnamed Private Roads �(�i Proposed Route 37 * r` PROJECT Railroads AREA CitieslTowns Middletown � Stephens City t , Winchester Agricultural Districts Double Church Refuge Church -'—j South Frederick` Zoning i} i 81 (Business, Neighborhood District) �# 02 (Business, General District) ` B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) v i01 HE (Higher Education District)' M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Services District) lr R5 (Residential, Recreational Community District) RA Areas District) F— (Rural RP (Residential Performance District) Patton Harris Rust & Associates,pc ZONING MAP Engineers. Surveyors. Planners. Landscape Architects. East PiccadillyStreet,Suite200 Winchester x2PR1� Wi . WALGREENS H2601 T 540.667.211399 3 DAIRY CORNER PLACE F 540.665.0493 s.w M FIGURE 2 DATE: 711108 The TIA indicates that the development of the site combined with background traffic would necessitate the same transportation improvements needed with background traffic alone. The Applicant has proffered to construct an additional northbound left turn lane for Valley Mill Road as part of the development of the Property. Additionally, the Applicant has proffered to close the existing connection of Dairy Corner Place on the East side of Valley Mill Road. The proximity of this entrance to Valley Mill Road's intersection with Route 7 can create issues with existing traffic volumes at this intersection. The proffered transportation improvements would be needed regardless of whether or not this Property is developed. To provide further mitigation for transportation impacts, the Applicant has proffered a monetary contribution in the amount of $10,000.00 for transportation improvements within the vicinity of the site. E N-ARONMENT The Property does not contain any areas of stream channels or steep slopes. The site has a low elevation of approximately 650 feet and a high elevation of approximately 675 feet. There is an existing drainage Swale that runs south to north on the Eastern edge of the Property. Existing drainage from the site flows from south to north, ultimately to the aforementioned drainage Swale. Any stormwater management facilities will be designed to meet or exceed the state regulations. Per stormwater management regulations, post development flows will not exceed pre -development levels. As such, development of the site will not negatively impact nearby drainage facilities, including the existing culvert located at the entrance to the 220 Seafood site. The General Soil Map of the Soil Survey of Frederick County, Vuginia indicates that the soils comprising the subject parcels fall upon the border between the Frederick Poplimento- Oaklet soil associations. The predominant soil types on the site are Berks Channery Silt Loam, 2 to 7 percent slopes (map symbol 1B) and Weikert Berks Channery Silt Loams, 15 to 25 percent slopes (map symbol 41D) as shown on map sheet number 30 of the survey. The site would not be characterized as prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel # 510063-0115B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain. Development of the site will require the demolition of three existing single family residences currently located on the site. Any wells or septic systems associated with these residences will be abandoned in accordance with required Health Department regulations as part of the development of the site. Impact Analysis Statement - Walgreens - Dairy Corner Place 2 10D RESTAURANT, LCC ZONED: 132 54F-1-3 SORTD ZONED: 02 u . RESIDD Rio, L 54-A-112 z124 Rz USE VAC NT ONED: RE 51 ENTI 4-A 11 < - - UR ZO ED: A e 9 BURNS 5E: ESI AL ZONED: P 54F-1\ USE: REOFN71A SHOEMA R SE: RESIDEN ZONED: Ar USE: RE TIAL / 5 A-3 ry /// AT IGHWAY D PT //� 54-A- NED: RP �'/� A� BURNS ZONED: RP ROOT USE: RESIDEN 54 -A -112J ss9 SPENCE ZONED: RA USE: RESIDE 4 -A - FREDERICK TYYSCH ZON P USE: VOCATIONAL OL Patton H ams Rust & Associates,pc EXISTING TOPOGRAPHY FIGURE 3 Engineers. Surveyors. Planners, Landscape Architects. pH, K Wi Erg+ er, Vhginstreet, Suke200 Winchester, vl�iDiezzsm WALG REENS- T 540.6672139 DAIRY CORNER PLACE F 540.665.0493 SCALE: 1 ° = 100' DATE: 7/1/08 SEWAGE CONVEYANCE AND WATER SUPPLY Access to public water and sewer is available via connection to existing lines adjacent to the site along the Valley Mill Road frontage. Assuming 25,000 square feet of commercial space, the site would generate 5,000 gallons per day of sewer flows with approximately equivalent water usage assuming a rate of 200 GPD/1,000 square feet. SOLID WASTE Assuming 25,000 square feet of commercial space, the site would generate 625 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet. Solid waste would be transferred to the Frederick County Landfill for disposal. HISTORIC SITES AND STRUCTURES The subject site does not include any historic structures as identified by the Frederick County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is located within the core battlefield area of the Third Battle of Winchester (Opequon), however the subject acreage is already identified as lost integrity due to development in proximity to the site. As such, the application will have no impact to the existing integrity of battlefield resources. IMPACT ON COMMUNITY FACILITIES The proposed commercial rezoning will have a positive impact on the Frederick County tax base. The positive fiscal impact is augmented by the fact that the proposed rezoning is replacing RP zoned property which could be used for residential development with no proffers to mitigate impacts. In recognition of services provided for Fire and Rescue and the Sheriff's Office, the Applicant has proffered a monetary contribution of $1,000 for Sheriff's office purposes and $1,000 for Fire and Rescue services. Impact Analysis Statement — Walgreens — Dairy Corner Place 3 A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Located in: Frederick County, Virginia Prepared for: Red Leaf Development P.O. Box 10655, Towson, MD 21285 Prepared by: Patton Harris Rust & Associates Engineers. Surveyors. Planners. Lands cape Architect. 10212 Governor Lane Blvd, Suite 1007 Williamsport, Maryland 21795 T 301.223.4010 F 301.223.6831 September 04, 2008 OVERVIEW Report Summary Patton Harris Rust & Associates (PHP.+A) has prepared this document to present the traffic impacts associated with the proposed Walgreens at Dairy Comer Place development to be located along the southeast quadrant of the intersection of Valley Mill Road/Dairy Corner Place, south of Route 7 (Berryville Pike), in Frederick County, Virginia. The proposed development is to include 15,000 square feet of pharmacy and a 10,000 square foot medical office building. Access will be provided via a full access site - driveway to be located along the east side of Valley Mill Road as well as a right in/right out only site -driveway to be located along south side of Dairy Comer Place. The proposed development will be built -out over a single transportation phase by the year 2010. Analyses are provided for existing, 2010 background and 2010 build -out year. Figure 1 is provided to illustrate the location of the proposed Walgreens at Dairy Corner Place development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Walgreens at Dairy Corner Place development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Walgreens at Dairy Corner Place development, • Distribution and assignment of the Walgreens at Dairy Corner Place development - generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of Synchro 7 for existing and future conditions. PH A Traffic Impact Analysis of the Walgreens at Num Corner Place Project Number: 15824-1-0 RASeptember 04, 2008 Page ] No Scale 'r f w >rv� o S r ��kmrefUr - , SITE hruoFlarGd [k r gRf land Ct � an FVedtTwfCBnE D 1 " N—L Figure I Vicinity Map: Walgreens at Dairy Corner Place, in Frederick County, VA A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 R+A September 04, 2008 PH Page 2 EXISTING CONDITIONS PHR+A conducted weekday AM/PM and Saturday mid-day peak hour manual turning movement counts at the intersection of Route 7 (Berryville Pike)/I-8 i SB Ramps, Route 7 (Berryville Pike)/I-81 NB Ramps/Valley Mill Road; Route 7 (Berryville Pike)/Martin Lane, Route 7 (Berryville Pike)/Gateway Drive and Valley Mill Road/Dairy Corner Place. In order to determine the ADT (Average Daily Trips) along the study area roadway links, 'T" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 7.7% was utilized based upon the published Virginia Department of Transportation (VDOT) 2006 traffic count data. Figure 2 shows the existing weekday and Saturday ABT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. Figure 3 shows the existing lane geometry and weekday AM/PM peak hour and Saturday mid-day peak hour levels of service. Existing condition analysis is based upon VDOT signal timing. PHR+A has provided Table 1 to show the existing weekday AM/PM and Saturday mid-day peak hour levels of service and 95`b percentile back of queue for each lane group. All traffic count data and Synchro level of service worksheets are included in the Appendix section of the report. PHP A Tra�c Lmpact Analysis of the Walzreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 3 1 Hl IA -1 Figure 2 Existing Traffic Conditions A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 PH + September 04, 2008 Page 4 No Scale S$ �� GaW,Na9 2 pt�ve O 9040 e 3p,5p 4 .711 7290 p� 6490 $e� 7 J �O 35260 2 6 ilp i Yl � v?. 25360 Cornet �.. va20o D� SITE Valle IK;1t Ro 7013 z 3 4 P a �.434(5?3)15131 z s N w a Z. z. %-229(401)[2831 «797(1103)[1075 5g21 p5011 �1 7 561hgS1 91 1 u � � 8311 11l 11 w y t~� g8112 5 n ♦778(869)[7771 J I V f-11(28)[42] 24(88)[81] ° N �y16(81,1a1 7 7 4} [1741(t,[1351(178)86—.R_71(�.~ 239)7 � ♦♦♦\ ! [8021(1 057)645 N 126J(17)6--yl3Spll�11)1/� (273616—%10 ln(g)3 51 6 7 10930 o�A / !,7 8 / sl(s6 1� ro(p)L11 CvrouCla.c /I pain' 1 8J / "�� \ yrs` i pair Cumer ry` t L121P13/► [6118)1 y ✓ N� 1\ 9139SJ r- m \l aJ L_ Saturday ADT IJT P+/ \ AM Peak Hour(PM Peak Hour)[SAT Peak Hour] 1 Hl IA -1 Figure 2 Existing Traffic Conditions A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 PH + September 04, 2008 Page 4 Figure 3 Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of the Walgreens at Dairy Corner Place PH J� Project Number: 15824-1-0 September 04, 2008 Page 5 No Scale �4 S� Ga�ewa d 04FRam4 o 7 P dA e 4 1 etYtac n. - 5 2• i O � Oryx SITE zf 4+.=. 7 ['alley �1liU Road j Signalized 2 Signalized 3 Unsignalized 4 Signalized $ Unsignalized 2 Intersection E c LOS= D(C)[C] Intersection LOS= D(D)[D] Inte.-Gun Right In/Out Only Intersection LOS= C(C)[B] Intersection Q 4— r� �[ D6, P ac e * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Channelized Right turn-lane with 'STOP' condition Channelized Right turn-lane with 'YIELD' condition T /� 1 _ TQ + / \ NOTE: Analysis is based upon VDOT Signal Timing Figure 3 Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of the Walgreens at Dairy Corner Place PH J� Project Number: 15824-1-0 September 04, 2008 Page 5 Table 1 Walgreens at Dairy Corner Place Levels of Service and Back of Queue (95%) Results F�.:ct:nn !`nnrlitinnc Intersection Traffic Control AM Peak Hour PM Peak Hour SaturdayPeak Hour Lane Group/ Back of Back of LOS Back of Approach LOS Queue LOS Queue Quecc Route 7 & I-81 SB Ramps/Shoney's Entrance Signalized EB/L C 1 126.0 B 123.0 B 95.0 EB/T g 224.0 B 414.0 C EB.rIR 307.0 EB LOS B B C WB/L D 25.0 A 25.0 B 25.0 WB/I'-Lane 1 E WB/T-Lane 2 395.0 A 54.0 C 234.0 WB/R A 25.0 A 25.0 A 25.0 WB LOS D A C NB/LT D 28.0 E 75.0 D 63.0 NB/R C i 25.0 C 36.0 C 1 25.0 NB LOS D D D SB/L F 449.0 F 387.0 E 303.0 SII/LT F 440.0 F 385.0 E /L 311.0 S A 25.0 A 25.0 A 25.0 SB LOS F F E Overall LOS D C C Route 7 & I-81 NB Ramps/Valley Mill Road Signalized EB/L C 59.0 E 188.0 D 109.0 EB/T-Lane I D EB/T-Lane 2 352.0 C 357.0 C 271.0 EB/R A 66.0 A 113.0 A 28.0 EB LOS C C C WB/L C 29.0 C 41.0 B 25.0 WMfr-Lane 1 D 418.0 E WB/T-Lane 2 746.0 E 608.0 WB/R A 25.0 A 25.0 A 25.0 WB LOS C D D NB/L F 464.0 F I 540.0 E 371.0 NB/TR D 273.0 E 245.0 D 165.0 NB LOS E F E SB/L E 364.0 E 445.0 E 298.0 SB/LT E 356.0 E 1 454.0 D 297.0 SB/R A 25.0 A 1 25.0 A 25.0 SB LOS D E D Overall LOS D D D Route 7 & Gateway Drive Signalized EB/L-Lane 1 EB/L-Lane 2 D 56.0 D 227.0 C 208.0 EB/T-Lane IF B EBfr-Lane 2 671.0 A 213.0 A 33.0 EB LOS C B B WB/LU D 35.0 E 28.0 D38.0 WWF -Lane 1 B WBfr-Lane 2 313.0 C 615.0 C 449.0 WB/R A 25.0 A 66.0 A 44.0 WB LOS B C C SB/L-Lane 1 D SB/L-Lane 2 46.0 D 106.0 D 87.0 SB/R-Larne I A SB/R-Lane 2 26.0 A 48.0 A 43.0 SB LOS C C B Overall LOS C C B Route 7 & Martin Lane Unsignalized EB/'f EB/TR WBfr-Lane 1 WB/T-Lane 2 NB/R Valley Mill Road & Dairy Comer Place Unsignalized EB/LTR C 25.0 C 25.0 C 25.0 WB/LTR B 25.0 B 25.0B 25.0 NB/L A 25.0 A 25.0 A 25.0 NB/TR - S13/1 -TR A 25.0 A 25.0 A 1 25.0 s A......... A 0S fi-t v>hirlr. I ..,nth PHi� Minimum queue length assumed to be 25 feet EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thm, R: Right A_Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 6 2010 BACKGROUND CONDITIONS PHR+A grew the existing traffic volumes (shown in Figure 2) using a rate of 6% per year through Year 2010. There are no "planned" background developm.euts in the vicinity of the site. Figure 4 shows the 2010 background 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 5 shows the corresponding 2010 background lane geometry and AM/PM peak hour and Saturday mid-day peak hour levels of service. Table 2 is provided to show the 95th percentile back of queue and levels of service for each lane group during 2010 background conditions. Synchro levels of service worksheets are provided in the Appendix section of this report. PHA Traffic Impact Analysis of the Walgreens Projat Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 7 Figure 4 2010 Background Traffic Conditions A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 PH + September 04, 2008 Page 8 No Scale �4 S4 d C, e �v � O ,y990 10150 O11�amQ � Q.�e 4 05,0 817o� 641 7290 fie" 7 J 39620 Y 6�� •[� 1a e 29510 373W 5 Cotnei ��. 21 2, 1080 SITE 7" Valle Mill Roa I136p 1 2 e a 3 4 } m o, a®488(588)[5761 «�r876(980)[8791 '�' mL 51)[3181 o N U X, 240)[120x] 1617} 7891 1 11401 7 gb115 gj1129 w �i5® gl1`� N ^ r X614}1141 11(28)[421 1 )[911 r 1 V --o— 7 [196)(269)196j 7 [904](1191)726 r_� �� 1 os2]O.02 11 [9101(1092)1102 �� '�' e 711669 [261(17)6�� u [312](405)180�y m 1143411j50 10X310~ 171(4}S L11g0 11p59111 5 N G 7 12280 a e y 1112)[31r 112Na1 / `ti / l a� ` pairy 11211113 3�J �/ 12 )3 r [27(0)1+► � v °` �v. 1 � y' I(g89�! 161(8)111 ✓ w ✓ 1 �. a 1/ry 9qj� 1� v yr ✓ 1 Saturday ADT J nT Tom -►-n AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 4 2010 Background Traffic Conditions A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 PH + September 04, 2008 Page 8 No 1 Signalized 2 signalized n p in A Intersection o LOS= C(C)ICI "Suggested IAS-- D(E)[EJ Improvements' LOSS CIC)(Cj. n� M NB - 1 Lel, 6' �B(A)IA7 � ' In, 1 J%4 [C](C)c 0 d e No Improvements Required Figure 5 Unsignalized 4 Signalized Intersection Intersection Eight In/Out Only LOS= B(B)[Cl 0 y eA. 7. Unsignalized Intersection C c C T (omcT L No Improvements I No ImprovementsI No Improvements Required Required Required 0 Denotes Improvements * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] CCbannelized Rigbt turn -lane with 'STOP' condition "annelized Rigbt turn -,lane with 'YIELD' condition 2010 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 R+A H September 04, 2008 PPage 9 [DI(E)C� IV Signalized + "Suggested Intersection Improvements' LOSS CIC)(Cj. W B -1 Thru NB - 1 Lel, 6' 6 SB - I Lett ' In, Unsignalized 4 Signalized Intersection Intersection Eight In/Out Only LOS= B(B)[Cl 0 y eA. 7. Unsignalized Intersection C c C T (omcT L No Improvements I No ImprovementsI No Improvements Required Required Required 0 Denotes Improvements * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] CCbannelized Rigbt turn -lane with 'STOP' condition "annelized Rigbt turn -,lane with 'YIELD' condition 2010 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 R+A H September 04, 2008 PPage 9 Table 2 Walgreens at Dairy Corner Place Levels of Service and Back of Queue (9510) Results �n� n MOP -11..........A f'.,..d a:nnc /wt accnmed improvements) Intersection Traffic Control AM Peak Hour PM Peak hour SaturdayIt Hour Lane Group/ Back of Back of Back of Approach LOS LOS LOS Queue Queue Queue Route 7& 1-81 SB Ramps/Sboney's Entrance Signalized Ell E I 244.0 E 366.0 D 204.0 B. C 265.0 C 482.0 B EB/IR 317.0 EB LOS C C C WB/L B 25.0 B 25.0 A 25.0 WBIT-Lane 1 C WB/T-Lane 2 383.0 B 220.0 A 119.0 WB/R A 25.0 A 25.0 A 25.0 WB LOS B A A NB/LT D 27.0 E 73.0 E 70.0 NB/R C 25.0 C 35.0 C 27.0 NB LOS C D D SB/L E 444.0 E 285.0 E 382.0 SB/LT E 457.0 E 282.0 E 385.0 SB A 25.0 A 25.0 A 25.0 SB LOS D D D Overall LOS C C C Route 7 & I-81 NB Ramps/Valley Mill Road Signalized EB/L. E 111.0=A25 F 221.0 EBfr-lane 1 EB/r-Lane 2 D EB/'F-Lane 3 582.0 C 341-0 EB/R A 25.0 -0A 25.0 EB LOS C C C WB/L D 31.0 E 94.0 D 91.0 WB/T-Lane 1 WB/T-Lane2 C WB/T-Lane 3 193.0 C 353.0 B 313.0 WB/R A 25.0 A 25.0 A 25.0 WB LOS B C B NB/L Lane 1 C NB/LLane 2 148.0 E 174.0 D 144.0 1 NB/TR E 1 289.0 D 216.0 E 220.0 NB LOS D D D SB/LLane 1 E 284.0 E 250.0 D SB/1-Lane 2 206.0 SB/T D 85.0 D 174.0 D 96.0 SB/R A 25.0 A 25.0 A 25.0 -Los D D D SB Overall LOS C C C Route 7 & Gateway Drive Signalized EB/Ll-ane 1 EB/L-Lane 2 D 65.0 D 155.0 C 187.0 EB/T-Lane 1 y EB/T-Lane 2 151.0 A 206.0 A 202.0 EB LOS A A B WB/LU E 38.0 E 27.0 E 43.0 WBfr"Lace 1 B WB/T-Lane 2 288.0 C 566.0 D 730.0 --W-B/R A 25.0 A 40.0 A 68.0 WB LOS B B C SB/LL.. 1 D SB/LLLane 2 55.0 E 112.0 E 143.0 SB/R-Lane 1 B SB/R-Lane 2 31.0 B 52.0 B 56.0 SB LOS C C C Overall LOS B B C Route 7 &Martins Lane Unsignalized EB/T EBrrR WB/r-Lane 1 WB/T-Lane 2 NB/R Valley Pike & Dairy Comer Place Unsignalized EB/LTR C 25.0 C 25.0 C 25.0 WB/LTR B 25.0 B 25.0 B 25.0 NB/L A 1 25.0 A 25.0 A 25.0 NB/TR A 1 25.0 A 25.0 A 25.0 SB/LTR A 1 25.0 A 1 25.0 A 25.0 25 foo! VPh:rlr I -o�h PHP n Minimum queue length assumed to be 25 feet EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thm, R: Right A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 10 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 3 is provided to summarize the total trip generation associated with the proposed development. Table 3 Walgreens at Dairy Corner Place Trip Generation Summary rIE Code Land llse Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT In Sat Pe k Hour Out Total ADT 720 Med/Dental Office Bldg IO,OOD SF 20 5 25 10 27 37 194 21 16 36 90 881 Pharmacy w/ DT 15,000 SF 23 17 40 63 66 129 1,322 59 59 118 1,322 Sub -Total 42 22 65 73 93 166 1,516 80 74 154 1,412 Pass -6y Trips 40% (Code 887) 8 8 16 26 26 52 529 24 24 47 529 Tulal "New" Trios 34 14 49 1 47 67 115 1 987 1 56 51 1117 1 883 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 Walgreens at Dairy Corner Place development trips (Table 3) throughout the study area roadway network. Figure 7 shows the development -generated AMIPM peak hour and Saturday mid-day peak hour trips and ADT assignments. 2010 BUILD -OUT CONDITIONS The Walgreens at Dairy Corner Place assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 shows the 2010 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 network. Figure 9 shows the respective 2010 build -out lane geometry and weekday AM/PM peak hour and Saturday mid-day peak hour levels of service. Table 4 shows the 95th percentile back of queue and levels of service for each lane group during 2010 build- out conditions. All Synchro levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the Walgreens at Dairy Corner Place R+A Project Number: r 04, 2 08 PH September 04, 2008 Page 11 No Scale Office Pharmacy 1 -ff N Figure 6 Trip Distribution Percentages PHRn A Traffic Impact Analysis of the waigreens at "airy uwniei r —v Project Number: 15824-1-0 September 04, 2008 Page 12 No Scale S� Ga��ay �VC 7 q 49 �qQ �°e '�� 4 �� n9 dJ�eY 66 p] 66 7 A9P 230 I 2 y9 e�plac 6N 5 3 _M5 O� Con`-� 5 r..r g o`ry SITE a a m 1.2(9)171 z z yyl�7A� Ill «-4(19)[141 1 ~9-4(-13$-123 �1 7 �1gl2yl�T4i 17(35)[361 1�■ 1�■ 116](13)11 �� ■ t r 7 1-121(-13)-0�► ■ 7 F10i� lll'1 "✓oma L [36](33)20�� ?. 2 �yy1(7'816 5 ( 7 ,;;,E 1088 alt `� Co �Plvc� Sw ilk �' �` �► �3 t 1 G i � Jr8 t Plare `453(4l)y'�� T ✓ 921 �a e o 'yid T Saturday ADT 1 J T T 1 Q + / A \ AM Peak Hour(PM Peak Hour) [SAT Peak Hour] Figure 7 Development -Generated Trips Assignment A Traffic Impact Analysis of the Walgreens Act Dairy Corner Place Project ProNumber: 15824-1-0 HRSeptember 04, 2008 PPage 13 IOWL No Scale re 4a S�OlI GateWa9 '2 �ve O lyq�0 10199 plf�atoQ 4�e 49� �� 6a59 `i `elle 8216 4p 1356 $ems 7 4oy0e 39719 c 6 S� 28740 2 CoiOCt 41a d,� � O � 607 Z 1080 Y+ O SITE q alle Mill Roa 11360 U a o 0 16gt1 ✓ r " 481 o vim. a Q� m 1=490(597)[5831 o a, v z IT PL_— 257(451)[3181 WN 0) a3(15�470)�1319i S ��880(101N1)'8931 �" ♦� 891(1227)[11971 7 �11(Z8)1421 44(133)[1261 N1µa11181 7 7 [196](269)196 [1521(200)97 [920](1204)737 4 18"1(1029)1098--# caN [147A71153 101(31°~ } [349](438)200 —% .o „ 17118)3 [26](17)6 "'1i �^w.- <u 5 6 a 25 a 13368 b^1 .c a "..go l01 i a p ''lir6��rss st r [121(1)3 o J2sls� G 3� Pm« h [451(4A7S'� SSI JIOJ 221(5)3 [6118)1�ti ie r o� �� g93J 721 -0 �7j I Saturday ADT ur)[SAT Peak Hour] AM Peak Hour(PM Peak Ho nT T�-�-n _ Figure 8 2010 Build -out Traffic Conditions A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 PH + September 04, 2008 Page 14 No U-agnahad IMereectttttt Right Wont "Idy flnsigunlized r'"New _' Inter hon 1 Intersection' 1 ] Signalized 2 Signalized 3 Umignalized 4 Signalized 5 Unsignalized = Intersection 3 intersttiion Intersection Intersection Intersection 'a 0 c LOS= C(C)[R] a LOS= D(E)[D] of o Right In/Ont Only LOS= B(R)[C] 0 �B(cxss JI 0 4B(A)JA] � l� �B(D)[B7 's 7 �" < �� B@ 0 C! 7 Jqq ;ylpr� 7 7 Dai Como p C [c)(C)C�►1xi [C](E)C� 3 y AVON No Improvements Required Figure 9 No Improvements No Improvements No Improvements Required Required I Required [_1 Denotes Improvements * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] CChannelized Right turn -lane with 'STOP' condition Channelized Right turn -lane with 'YIELD' condition 2010 Build -out Lane Geometry and Levels of Service R+A A Trak Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 PP_j September 04, 2008 Page 15 �;.. Signalized "Suggested Intersect]nn Improvements' WB - I Th - NB -1 Left . 8 SB - I Left G z ;« �B(cxss JI �-.. No Improvements No Improvements No Improvements Required Required I Required [_1 Denotes Improvements * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] CChannelized Right turn -lane with 'STOP' condition Channelized Right turn -lane with 'YIELD' condition 2010 Build -out Lane Geometry and Levels of Service R+A A Trak Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 PP_j September 04, 2008 Page 15 Table 4 Walgreens at Dairy Corner Place Levels of Service and Back of Queue (95%) Results ..na ,... r....A.i; - l.../ ---i 1-mvementcl Intersection Traffic Control AM Peak Hour PM Peak hour Saturda Peak Hour Lane Group/ Back -of LOS Back of LOS Back of Approach LOS Queue Queue Queue Route 7 & 1-81 SB Ramps/Shoney's Entrance Signalized EB/L E 1 267.0 E 376.0 C 158.0 EBIP C 306.0 C 491.0 B EBKR 325.0 EB LOS C C C WB/L B 25.0 B 25.0 A 25.0 WB/1'-Lane 1 C 3779 B WB/r-Lane 2 241.0 A 170.0 WB/R A 25.0 A 25.0 A 25.0 WB LOS B A A NB/LT E 32.0 E 73.0 E 70.0 NB/R C 22.0 C 35.0 C 27.0 NB LOS D D D SB/L E 437.0 E 291.0 E 293.0 SB/LT E 448.0 E 286.0 E 295.0 SB/RA 25.0 A 25.0 A 25.0 SB LOS D D D Overall LOS C C B Route 7& I81 RampsNalley `U] Road SignalizedC EB/L E 116.0 E 254.0 F 216.0 EB/r-Lane 1C 501.0 D -Le 2 EB/Tan 542.0 C 1 424.0 EB/R A 25.0 A 38.0 1 B 202.0 EB LOS C C C WB/L D 55.0 E 160.0 D 130.0 B 154.0 C "WBLOS 351.0 B 272.0 A 25.0 AA 25.0 BNB NB/L-Lane 1 C NB/1-Lane 2 145.0 D 186.0 C 136.0 NB/IR E 310.0 E 1 257.0 E 228.0 NB LOS D D D SB/[`lane 1 E"AA .0 D SBMLane 2 206.0 SB/r E7.0 F 149.0 SB/R A.0 A 25.0 SB LOS D Overall LOS C Route 7 & Gateway Drive ' Signalized EB/LLane 1 EB/L-Lane 2 D8.0 C 155.0 EB/r-lane 1 A2.0 EB/'-LEB A 194.0 LOS A WB/LU E 44.0 E 27.0 E 41.0 WB/1'-lane I B WB/r-Lane 2 360-0 C 583.0 C 621.0 WB/R A 25.0 A 41.0 A 57.0 WB LOS B B C SB/L-Lane I E 2 62.0 E 122.0HEI�24��OSB/L-Lan. SB/R-Lane 1 B SB/R-Lane 2 32.0 B 53.051.0 SB LOS C COS C Overall LB B C Route 7 &Martins Lane Unsignalized EB/l- EB/rR "/r -Lane I �VB/r-Lane 2 - - NB/R - - Valley Pike & Dairy Comer Place Unsignalized EB/LTR C 25.0 D 25.0 D 25.0 WB/LTR B 25.0 B 25.0 C 25.0 NB/L A 25.0 A 25.0 A 25.0 NB/TR A 25.0 A 25.0 A 25.0 SB/LTR A 25.0 1 A 25.0 A 25.0 Valley Mill Road & Site- Driveway#2 Unsignalized WB/LR B 25.0 B 25.0 B 25.0 NB/1R - - - - - SB/LT A 25.0 A 25.0 A 25.0 Dairy Corner Place & Site- Driveway#1 Right eight Out EB/TR - - - - WBS - - - - - - NB/R - - - - - - x PHR1� Minimum queue length assumed ro be 25 feet EB = Eastbound, W B =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thm, R: Right A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 16 CONCLUSION Based upon Synchro analysis results, assuming the suggested improvements as shown in Figure 9, all the study area intersections associated with the proposed Walgreens at Dairy Corner Place will maintain overall level of service "C" or better during 2010 build -out conditions. The following describes the improvements suggested for the study area intersections to maintain acceptable levels of service "C" or better during 2010 build- out conditions: • Route 7 (Berryville Pike)/1-81 SB Ramps: No improvements are required. • Route 7 (Berryville Pike)/1-81 NB Ramps/Valley Mill Road: This intersection will require improvements of a westbound through lane, a northbound left -turn lane and a southbound left -turn lane. (The aforementioned improvements are also necessary without the proposed Walgreen at Dairy Corner Place development). • Route 7 (Berryville Pike)/Martin Lane: No improvements are required. • Route 7 (Berryville Pike)/Gateway Drive: No improvements are required. • Dairy Corner Place/Site-Driveway #1: This is a new unsignalized right in/out only intersection. • Valley Mill Road/Site-Driveway #2: This is a new unsignalized intersection. NOTE: Funding source for the aforementioned improvements have yet to be identified. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. A Traffic Impact Analysis of the Walgreens at Dairy Corner Place RA Project Number: 15824-1-0 H September 04, 2008 PPage 17 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA lice Amount Pajd S /Z), zoning Amendment wnbc .� __.. T__ Date Received t P(' T l.ctar��a. ;late; tat ; l leaf;11Ig r ate _ . ... . 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, 147 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester Virginia 22601 -- 2. Property Owner (if different than above) Name: Eastside Holdings LLC Telephone: Address: P.O. Box 31 Winchester, VA 22604 3. Contact person(s) if other than above Name: Patrick Sowers w/PHRA Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Vir i nia 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: Eastside Holdings LLC Red Leaf Development 6. A) Current Use of the Property: Residential and Vacant B) Proposed Use of the Property: Commercial 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located at the southeast corner of the Intersection of BeiTyville Ave Rt 7 and Valley Mill Road and also adjacent to Dai Corner Place. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Wntification/Location: Parcel Identification Number: 54F -1-9A, 5417-1-9, 54F -A-30, 54F -3-A, 54F -3-A1 and 54F -3-A2. Districts Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood High School: Middle School: Elementary School: .Tames Wood JW Middle Redbud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zonin Zoning Req!! Atcd 3.1 RP B2 3.1 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: 10.000 Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other (Pharmacy) 15,000 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 best of my (our) knowledge. F Applicant(s) r!'_ _ -<%— Date Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the puipose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: David and Svetlana Burns 1675 Fort Braddock Street Property #: 54-A-1 12Q, 54-A-1 12D AND 54-A-1 12P Winchester, VA 22601 Name: 220 Seafood Restaurant, LLC 238 Hanging Tree Road Property #: 54-A-1 12C Winchester, VA 22603 Name: Win, LLC 1100 Fifth Ave S, Ste 210 Property #: 54 -A -99E Na les, FL 34102 Name: Frederick County School Board PO Box 3508 Property #: 54-A-114 Winchester, VA 22604 Name: Ariosto and Maria Sorto 1 Country Club Drive Property #: 54F-1-7, 54F-1-3 and 54f-1-5 Leesburg, VA 20175 Name: State Highway PO Box 2249 Pro ert #: 54F -A -30A Staunton, VA 24402 Name: Willie and Angela Shoemaker 286 Huntersridge Drive Property #: 54F-1-8 Winchester, VA 22602 Name: Betty Garrett 147 Dowell J. Circle Property #: 54F-1-6 Winchester, VA 22602 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: #: -Property Name. - ame:Propert Property #: Special Limited Power of Attorney County of Frederick, Virginia ick Planning Web Site: www.co.frederick.va us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Eastside Holdings LLC (Phone) 540.450.0142 (Address) P.O. Box 31 Winchester, VA 22601 e� 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 Number: 070018868 and is described as Tax Map Parcel 54F-1-9 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 ddress) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I we) ave ereto set my (our) hand and seal this —�� day of 2 O- a,069 Signature(s) /7-17" `17" State of Vir ' aCity/ ounty of r dh ,To -wit: I� �) `" a Notary Public in and for the jurisdiction aforesaid, ce y that the person(s) who signed to the foregoing instrument personally appeared before me and acknowledged the sainef(beefor/Je me in the jurisdiction aforesaid this ON day f 'A , 200 I)UL 4 M Commission Ex ices: � 1, o Y P -Maryublic NOTES. 1. BOUNDARY SHOWN HEREON NUTS DETUNINED 8Y A FIELD RUN SURVEY PERFORMED BY ARIZ k ASSOCi1113 ON DECEtW J. 2002. `S PIAT IS SUBJECT TO EASEl1M AND RES`TW fON5 OF RECORD. 4 CURVE RADIUS' A= : ENMGNOfiD wNs+.►�,_� ..1rs v� DELTA ANIME Ct 979, 50.63 50.63 S 35 E 1 C2 979.3 00.00 WZ9, C3 542.914 D.34 44 w C41.11) 547.90 W 1 UC5 547,94 51. 50.93 10' 1l' 06x19 CO 547.94 59.49 50.40 NXTOW W 1 oerl3ll-,r —o A RERAR SFT' Ulk._'n !4DTED vi1E1PISE --.G— - PORIT REBAR FouND REM FOUND IJAVY (VA m 0)f � 15 AT i .D5` AT 172` w 13 U Ct C2 REWA FOUND Q f1 Ai 0.66 �3 �y V� v AAT �i 96 30 AM REW � 9 f/3 FWHD t 10' R/W G WON PIE . FOUND T � RMAN = 4 65 FT �0�¢ ` T CATHY s A E 9A ,7 G DON" G. DANSE 9 =11,112 SQ. FT. _ 580/425 30 =1.7640 ACRES FtEW A = 24,664 SQ. FT. Fa>ND A 1-1=16,576 SQ. FT. A 1-2 = 665 SQ, FT. TOTAL = 3.0909 AC. BOUNDARY SURVEY of 6 PARCELS REDBUD DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: V: 100' DATE. DECEMBER 3, 2002 PRESENTOWNERS. 9A = W EESR, I A R. SIMP50 1-! -9 =w RA E. SR. d1 A R 51 S -1--; q4 - CLA US -3 A p PG 142 U 5 • RU55 F3 -Ai DB1 2 � r P4'2 71 Al -2 = DOUGLAS E. RU55U 54F -3-A1 D�9 4276 � PROJECT /20159 SHIM 1 OF 1 . TM #54 -A -112C 220 SEAFOOD RESTAURANT, L C. / 862/1298 RON PK FOUND 00H or rP lu MICHAEL M. ARTz> No. 1951 /p2 �1 0 SURA _ y darts and issocd�tas ri c PARCEL. i wNs+.►�,_� ..1rs v� gun N ra �r SYwt MF7iE3i01. K X2E07i7i0 PARC 2 mei ats ®r2mmmMil REMK,i:AUU-31 s'xr-mi lowEM 93F.Y-r—f Ar -Will IIIIIIIIIIIE-VEF4 � Lriil• �iL��= �1�C7 �:� ��JEnd4�� (nlilillPEN .'E 1t 31ii 7 , mmgF" �, •, ® .— ,., �r 00H or rP lu MICHAEL M. ARTz> No. 1951 /p2 �1 0 SURA _ y darts and issocd�tas ri c PARCEL. i wNs+.►�,_� ..1rs v� N ra �r SYwt MF7iE3i01. K X2E07i7i0 PARC 2 mei ats COUNTY of FREDERICK Departrixenb of Planning and Development 540/665-5651 FAX: 540/665-6395 104 11plivVEGM0 TO: Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director RE: Stephens City Joint Land Use Plan Update — Public Hearing DATE: December 1, 2008 The Stephens City Joint Land Use Plan Update is presented to the Planning Commission as a Public Hearing. As the Commission is aware, this is an amendment to the 2007 Comprehensive Policy Plan Chapter 6, Land Use, to update the Stephens City Joint Land Use Plan. A recommendation to the Board of Supervisors on this Comprehensive Plan Update would be appropriate at this time. The Stephens City Joint Land Use Plan Update provides a new orientation to the land use designations of the plan, integrates land use and transportation, and further addresses community infrastructure needs. This Plan continues to cover the area encompassed by the Joint Annexation Agreement and further implements the Agreement. A key component of the update is the reinforcement of the need to adequately address the infrastructure and community facility components of the Joint Land Use Plan, the respective Comprehensive Plans, and the Joint Annexation Agreement between the Town of Stephens City and Frederick County. The Plan clearly states that it is essential to ensure that the necessary infrastructure and community facilities are provided in a timely and coordinated manner. Further, that any development shall fully mitigate the impacts associated with their request and shall further the goals of the Plan. On Thursday, October 23, 2008, Frederick County and the Town of Stephens City Joint Land Use Committee met. The Joint Land Use Committee unanimously recommended approval of this update. At their meeting on November 12, 2008, the Board of Supervisors provided direction to Staff to proceed with an amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Stephens City Joint Land Use Plan. The Stephens City Town Council is proceeding with a similar amendment to their Comprehensive Plan. It is anticipated that both jurisdictions would process an amendment to their respective Comprehensive Plans in a similar time frame. Attached please find the Stephens City Joint Land Use Plan Update which includes a draft Joint Land Use Map and Joint Land Use Plan text. Please feel free to contact me if you have any questions. MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r, 1%h�O_ I WN OF STEPHE�vS CITY, VIRGINXA Draft Joint Land Use Plan NJ 101 ill FA I 's < Legend Proposed \, �� .,. O RoundAbouts Proposed �q Stephens City ByPass E # *as Local Collectors 0, Pre -Annexation Boundary ^,,o Current Boundary l ` ��J Phase 1 Annexation Area Phase 2 Annexation Area Proposed Land Uses . .... ... . . . . ........ CD Residential Mixed use Age Restricted Institutional Highway Commercial Mixed -Use Industrial 47 Open Space Natural Resource & Recreation N Created by the Frederick County Dept of Planning & Development SCALE: W E October 30, 2008 975487.5 0 975 1,950 Feet S i Clean Version. STEPHENS CITY/ FREDERICK COUNTY FUTURE RANI) USE FOR PROPOSED ANNEXATION AREAS (Draft Update Endorsed by Joint Land Use Committee October 23 2008) The Town of Stephens City, Virginia, map depicts a conceptual plan for future land uses within the proposed annexation area around the Town of Stephens City. The map was originally developed by county staff working with the Stephens City town manager, and was jointly adopted by Frederick County and the Town of Stephens City on July 9, 2003 and July 1, 2003, respectively. The foundation of the map is both the County's Route 11 Corridor Plan contained within the county's Comprehensive Policy Plan and the town's 2001-2021 Comprehensive Plan. In 2008, the Joint Land Use Plan was updated based upon the efforts of the Joint Land Use Committee who undertook an evaluation of past and current planning activity within the area and provided guidance on a revised land use and transportation plan. The proposed annexation area is made up of two phases. Phase I consists of a northern and southern portion comprising a total of approximately 360 acres. The northern area of Phase I is adjacent to the town's northern boundary and extends west from I-81, across the railroad. The southern portion of this phase is situated at the town's southwestern boundary, surrounding the Lime Kiln. Phase II of the proposed annexation area is also located south of the town. It comprises an area of roughly 350 acres lying between I-81 and the railroad and extending south to Family Drive. Overall, the general concept of the land use plan is to allow for growth around the existing town which is compatible with the existing scale and style of Stephens City. Industrial areas are sited to make use of the rail lines while being buffered from view of Route 11 and existing or proposed residential areas. A major collector road is shown running west of town that would function as a bypass, drawing through traffic from Route 11 and thereby out of the center of town. The "bypass" is intended to assist in reducing congestion at the Route 11 Fairfax Pike intersection. The collector road ties in with a relocated Route 277/Interstate 81 interchange to the south of the present location and to a new overpass of I-81 at an extended Tasker Road to the north. This major collector road would be fed by other new, minor collector roads as well as the existing street system. An extension of this major collector road would provide connectivity with the proposed Shady Elm Collector Road. Key gateway intersections are proposed to include roundabout intersections that will provide effectively functioning intersections with a design quality that enhances the Town. General categories of future land uses are depicted within the proposed annexation areas by colored areas. These areas of future land use are mixed to coordinate and integrate with each other, take advantage of and implement the transportation improvements, and relate with the existing character and context of the Town. These general land use categories are described as follows: Conservation/Open Space: These areas are shown in green and account for roughly 300 acres. The areas are located 1) along the Route 11 corridor north of, and south of, the town (depicting an area to be buffered), 2) an area of approximately 15 acres adjacent and connected to the Stephens City Western Bypass and central to this area of development to be utilized by the Town as a park or other public use, 3) an area west of the railroad around the northern quarry, and 4) a low lying area south of town and west of Route 11. The intent of these areas would be to preserve these areas from development for environmental, recreational, and/or aesthetic reasons. The rural corridor preservation buffer along the east and west sides of Route 11 would be 200' in width. On the east side of Route 11, south of the Town, the buffer may be reduced to 100' in width. An additional road efficiency buffer should be provided between any residential development and the proposed Stephens City Bypass. Institutional Use: This area is depicted with a pink checked hatch and is shown to the north on the eastern side of the Route 11 corridor. The area consists of approximately 25 acres of existing and future institutional land uses. A private school is currently located in this area. The intent of this land designation is to serve the public at large through an institutional use that might consist of school (private or public), church or non-profit organization, recreational use, or a government entity. Appropriate amenities may include dormitories, recreational or athletic fields, administration and maintenance facilities, and other similar uses that are customarily associated with this type of institutional land use. Medium Density Residential: These areas are depicted in yellow and are shown north of town on both sides of the Route 11 corridor. The area east of Route 11, total roughly 27 acres, is designed to complement the existing residential land uses and complete the area between Route 11 and Interstate 81. The area west of Route 11, between Route 11 and the Western Bypass and totaling roughly 40 acres, is designed to reinforce the residential character of the northern portion of the Town and integrate this residential land use into the proposed areas of Commercial and Mixed Use. The identified Town Park shall also provide a focal point for this residential land use. The area of medium density residential south of Fairfax Pike is consistent with the residential land use approved by the Town for this property. It is the intent of this land use designation to provide for residential development at a density of approximately four units per acre. This residential development shall implement the standards of New Urbanism and be integrated into the surrounding land uses and orientated towards the internal street network. Higlrwa Commercial-/Commercial/Office: This area totaling approximately 135 acres is shown in orange and is located in several of the annexation areas at key intersections, but most prominently, in the area immediately west of the future relocation of Interstate 81 Interchange, west of Route 11. This area of land use is intended to provide typical highway commercial uses such as retail, restaurants, and office uses. It is located to take advantage of both the significant Interstate traffic that could be anticipated from the relocated interchange, and the local traffic that would be utilizing the local collector road network. Mixed Use: This land use is identified in three locations. The first area is located north of the proposed east west collector road adjacent to the northern boundary of the Town, west of Route 11, and contains roughly 15 acres. The second area is located south of Town, west of Route 11, and adjacent to the collector street connecting the Western Bypass with Route 11. This area is also roughly 15 acres. The third area is at the western gateway to the Town, south of Fairfax Street, and encompasses the area of existing residential lots and an area of approved commercial development. This area is approximately 25 acres in size. These areas would be a mix of commercial, business, and office uses with the possibility of up to twenty- five (25) percent of the land area being available for single family attached residential land uses at a density of four units per acre. In addition, second story and above residences located above commercial land uses shall be permitted. These second story and above residential uses shall be considered bonus residential uses that do not count towards the residential density of the mixed use area. This area of mixed use development shall implement the standards of New Urbanism and be integrated into the surrounding land uses and orientated towards the street network. Mixed Use Age Restricted: This land use designation is identified in one location in the area north of Town and west of Route 11. This area is contains approximately 20 acres. This area would be a mix of age restricted residential land uses at a relatively high residential density, up to approximately 8 units per acre, and shall contain a variety of residential housing types. In addition, this area shall contain a mix of commercial, business, or office uses that would be located on a minimum of fifteen (15) percent of the site. The intent of this land use designation would be to serve active older adults in an environment that takes advantage of the unique characteristics of the Town adds value to the broader community. This area of mixed use age restricted development shall implement the standards of New Urbanism and be integrated into the Town, the surrounding land uses, and orientated towards the street network which shall be a continuation of the Town's grid pattern. Infrastructure and Community Facilities It is essential to ensure that the infrastructure, in particular transportation infrastructure, and the necessary community facilities are provided in a timely and coordinated manner in order to enable the successful implementation of the land use plan. The County and the Town agree that any development in implementation of the Joint Land Use Plan shall fully mitigate the impacts associated with the request and shall further the goals of the Joint Land Use Plan, the County's Comprehensive Policy Plan, specifically with regards to transportation policy, and the Town's Comprehensive Policy Plan. Key community infrastructure components identified in the Joint Land Use Plan, the County's Comprehensive Policy Plan, and the Town's Comprehensive Policy Plan shall be fully recognized and development projects shall seek to implement the Community Facility, transportation, and infrastructure needs of the County and the Town. The land use designations of the Joint Land Use Plan that will form the basis for future zoning amendments were designed in coordination with the infrastructure, in particular transportation infrastructure, and the necessary community facilities. Therefore, future development applications shall address the impacts of the project and shall further the implementation of the infrastructure and community facility transportation improvements identified in the respective Comprehensive Policy Plans. This may include the design and construction of key segments of proposed roads and intersection/interchanges. Consideration of future development applications within the study area should only occur when an acceptable level of service has been achieved and key elements and connections identified in this plan have been provided. STEPHENS CITY/ FREDERICK COUNTY FUTURE LAND USE FOR PROPOSED ANNEXATION AREJ _S t'�rajt Update Endorsed by Toint Land Use Committee. October 23 2008) _ Tne Town of Stephens City, Virginia, map depicts a conceptual plan for Pa t-ure land uses within the proposed annexation area around the Town of Stephens City. The map was oriig rally developed by county staff working with the Stephens City town manager, and was jointly adopted by Frederick County and the Town of Stephens City on July 9, 2003 and July 1, 2003, respectively. The foundation of the map is both the County's Route 11 Corridor Plan contained within the county's Comprehensive Policy Plan and the town's 2001-2021 Comprehensive Plan. In 2008, the Joint Land Use Plan was updated based upon the efforts of the Joint Land Use Committee who undertook an evaluation of past and current planning activity within the area and provided guidance on a revised land use and transportation plan. The proposed annexation area is made up of two phases. Phase I consists of a northern and southern portion comprising a total of approximately 360 acres. Both the Phase 1 areas are she hatehing en the aeeompanying map. The northern area of Phase I is adjacent to the town's northern boundary and extends west from I-81, across the railroad. The southern portion of this phase is situated at the town's southwestern boundary, surrounding the Lime Kiln. Phase II of the proposed annexation area is also located south of the town. It comprises an area of roughly 350 acres lying between I-81 and the railroad and extending south to Family Drive. The Phase area TT is v� v aii�ac a by a �,> > dashed l z_ the map Overall, the general concept of the land use plan is to allow for growth around the existing town which is compatible with the existing scale and style of Stephens City. Industrial areas are sited to make use of the rail lines while being buffered from view of Route 11 and existing or proposed residential areas. A major collector road is shown running west of town that would function as a bypass, drawing through traffic from Route 11 and thereby out of the center of town. The "bypass" is intended to assist in reducing congestion at the Route 11 - Fairfax Pike intersection. The collector road ties in with a relocated Route 277/Interstate 81 interchange to the south of the present location and to a new overpass of I-81 at an extended Tasker Road to the north. This major collector road would be fed by other new, minor collector roads as well as the existing street system. An extension of this major collector road would provide connectivity with the proposed Shady Elm Collector Road. Kewateway intersections are proposed to include roundabout intersections that will provide effectively functioning intersections with a design_quality that enhances the Town. General categories of future land uses are depicted within the proposed annexation areas by colored ambles-.—' areas. These areas of future land use are mixed to coordinate and integrate with each other, take advantage of and implement the transportation improvements and relate with the existing character and context of the Town. mese general land use categories are described as follows: Light Industrial/Manufacturin Office: This category is shown in blue lav eer and accounts for roughly 290 153 acres of the proposed annexation area. Anticipated land uses within these areas would be consistent with the county's current M-1 zoning, including office, light manufacturing, wholesale establishments, and warehousing. This area could also be attractive to the Coup 's targeted Economic Development Businesses which are proposed to be accommodated by the OM zoning classification. One area of this land use located in the prominently visible site in the area south of the Town, a jacent to the intersection of the Western Bypass and along the Bypass, should seek to accommodate the more commercial and office components of this land use designation Buildings should be located closer to the road than any accessory uses including parking areas in a n effort to present a strong economic presence and attractive form of development at this community gateway. Conservation/Open Space: These areas are shown in green and account for roughly 200 300 acres. The areas are located 1) along the Route 11 corridor north of, and south of, the town (depicting an area to be buffered), 2) an area of approximately 15 acres adjacent and connected to the Stephens City Western Bypass and central to this area of development to be utilized by the Town as a park or other public use, 32) an area west of the railroad around the northern quarry, and 43) a low lying area south of town and west of Route 11. The intent of these areas would be to allow little of „^ preserve these areas from development for environmental, recreational, and/or aesthetic reasons. The rural corridor preservation buffer along the east and west sides of Route 11 would be 200' in width. On the east side of Route 11, south of the Town the buffer may be reduced to 100' in width. An additional road efficiency buffer should be provided between any residential development and the proposed Stephens City Bypass Institutional Use: This area is depicted with a pink checked hatch and is shown to the north on the eastern side of the Route 11 corridor. The area consists of approximately 25 acres of existing and future institutional land uses. A private school is currently located in this area The intent of this land designation is to serve the public at large through an institutional use that might consist of school (private or public), church or non-profit organization recreational use or a government entity. Appropriate amenities may include dormitories recreational or athletic fields, administration and maintenance facilities and other similar uses that are customarily associated with this type of institutional land use. Medium Density Residential: These areas are depicted in yellow and are shown both north ash of town ares on both sides of the Route 11 corridor. The area east of Route 11, total roughly 400 27 acres, is designed to complement the existing residential land uses and complete the area between Route 11 and Interstate 81 The area west of Route 11, between Route 11 and the Western Bypass and totaling roughly 400 40 acres is designed to reinforce the residential character of the northern portion of the Town and integrate this residential land use into the proposed areas of Commercial and Mixed Use. The identified Town Park shall also provide a focal point for this residential land use. The area of medium density residential south of Fairfax Pike is consistent with the residential land use approved by the Town for this property. It is the The intent of this land use desi nation to provide for residential development at a density of Foughly two e approximately four units per acre. This residential development shall implement the standards of New Urbanism and be integrated into the surrounding land uses and orientated towards the internal street network. Highway Commercial/Commercial/Office: This area of totaling approximately 50 135 acres is shown in red orange and is located at the ..,.uffie,-... limit of the Phase TT in several of the annexation areas at key intersections, but most prominently, in the area immediately west of the fut--are relocation of Interstate 81 Interchange west of Route 11 This area of land use is intended to provide typical highway commercial uses such as retail, restaurants, and office uses. It is located to take advantage of both the significant Interstate traffic that could be anticipated from the relocated interchange and the local traffic that would be utilizing the local collector road network Mixed Use: This land use is identified in three locations. The first area is located north of the proposed east west collector road md adjacent to the northern boundary of the Town lae, west of Route 11, and contains roughly 60 15 acres. The second area is located south of Town, west of Route 11 and adjacent to the collector street connecting the Western Bypass with Route 11. This area is also roughly 15 acres The third area is at the western gate3yay to the Town south of Fairfax Street and encompasses the area of existing residential lots and an area of ap rp oved commercial development. This area is approximately 25 acres in size These Tis areas would be a mix of commercial, business, and office uses with the possibility of up to twenty-five (25) percent of the land area being available for single family attached residential land uses at a density of four units per acre In addition second story and above residences located above commercial land uses seme r-esideiifial units shall be permitted. These second story and above residential uses shall be considered bonus residential uses that do not count towards the residential density of the mixed use area. This area of mixed use development shall implement the standards of New Urbanism and be integrated into the surrounding land uses and orientated towards the street network. Mixed Use Age Restricted: This land use designation is identified in one location in the area north of Town and west of Route 11 This area is contains approximately 20 acres. This area would be a mix of age restricted residential land uses at a relatively high residential density, up to approximately_ 8 units per acre and shall contain a variety of residential housing types. In addition, this area shall contain a mix of commercial business, or office uses that would be located on a minimum of fifteen 15) percent of the site. The intent of this land use designation would be to serve active older adults in an environment that takes advantage of the unique characteristics of the Town adds value to the broader community. This area of mixed use age restricted development shall implement the standards of New Urbanism and be integrated into the Town, the sui-rounding land uses, and orientated towards the street network which shall be a continuation of the Town's grid pattern. Infrastructure and Community Facilities It is essential to ensure that the infrastructure, in particular transportation infrastructure and the necessary community facilities are provided in a timely and coordinated manner in order to enable the successful implementation of the land use plan. The County and the Town agree that any development in implementation of the Joint Land Use Plan shall fully mitigate the impacts associated with the request and shall further the goals of the Joint Land Use Plan, the Couni�'s Comprehensive Policy Planspecifically with regards to transportation policy, and the Town's Comprehensive Policy Plan. Key community infrastructure components identified in the Joint Land Use Plan, the County's Comprehensive Policy Plan and the Town's Comprehensive Policy Plan shall be fully recognized and development projects shall seek to implement the Community Facility, transportation and infrastructure needs of the County and the Town. The land use designations of the Joint Land Use Plan that will form the basis for future zoning amendments were designed in coordination with the infrastructure, in particular transportation infrastructure and the necessary community facilities. Therefore future development applications shall address the impacts of the project and shall further the implementation of the infrastructure and community facility transportation improvements identified in the respective Comprehensive Policy Plans This may include the design and construction of key segments of proposed roads and intersection/interchanges. Consideration of future development applications within the study area should only occur when an acceptable level of service has been achieved and key elements and connections identified in this plan have been provided.