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PC 10-01-08 Meeting Agenda
AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia October 1, 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) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Conditional Use Permit #11-08 for Diana and Andrew Hirshfeld, for a Campground. These properties are located off of Route 602 on Paddy's Run Road, and are identified with Property Identification Numbers 80-1-9 and 80-1-10 in the Back Creek Magisterial District. Mr. Cheran....................................................................................................................... (A) 5) Rezoning 908-08 of Botanical Square, submitted by Painter -Lewis, PLC, to rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Use. The properties are located on Route 50 West, at the northwest corner of the Route 50 and Botanical Drive intersection, approximately '/4 mile west of Route 37, in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-74, 53-A-75, 53-A-76 and 53-A-77. Mr. Ruddy........................................................................................................................ (B) 6) Rezoning #06-08 of Route 50 Assisted Living Facility, submitted by Bowman Consulting, to rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. The properties are located at the intersection of Ward Avenue and Route 50 to the east and Round Hill Road and Route 50 to the west in the Back Creek Magisterial District, and are identified by Property Identification Numbers 53-A-81, 53-A-82, 53B-3-24 and 5313-3-25. Mr. Ruddy........................................................................................................................ (C) PUBLIC MEETING 7) Conditional Use Permit #09-08 for Shenandoah Mobile Company, for a Commercial Telecommunications Facility. This property is located at 1203 Redbud Road (Route 661), and is identified with Property Identification Number 55 -A -129A in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (D) FILE COPY COMMISSION DISCUSSION 8) Ordinance Amendment — Outdoor Lighting. Revisions to the Frederick County Zoning Ordinance, Chapter 165 Zoning, Article IV Supplementary Use Regulations, §165-35 Nuisances, to regulate intensity and placement. Mrs. Perkins..................................................................................................................... (E) 9) Other CONDITIONAL USE PERMIT #11-08 DIANA AND ANDREW HIRSHFELD C 0 Staff Report for the Planning Commission w Prepared: September 12, 2008 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter: Reviewed Action Planning Commission: 10/01/08 Pending Board of Supervisors: 10/22/08 Pending LOCATION: The properties are located off of Route 602 on Paddy's Run Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 80-1-9 and 80-1-10 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a Campground. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 602, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is CUP #11-08, Diana and Andrew Hirshfeld September 12, 2008 Page 2 issued by this office and requires an inspection fee and surety bond coverage. Fire and Rescue: Plan approval recommended. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and section 310, use group R (Residential) and use group S (Storage) of The International Building Code/2006. Other code that applies is ICC/ANSI Al 17.1-2003 Accessible and Usable buildings and Facilities. HC parking spaces shall be provided and slopes shall not be greater than 1" in 48" across the area and indicate the accessible route from the spaces to the structure including landings at the doors. All required egress doors shall connect to an accessible route or an area of exterior rescue per the IBC. Winchester Regional Airport: No comment. Sanitation Authority: We do not serve this area. Winchester -Frederick County Health Department: Please see attached letter dated July 18, 2008 from Virginia Department of Health and response letter dated July 20, 2008 from Diana and Andrew Hirshfeld. The Health Department has no other comments at this time and will anticipate an application and plan review for the campground in the near future. Preliminary Site Plan and Sewage Disposal Narrative: Please see attached narrative dated May 27, 2008, prepared by Racey Engineering, PLLC Virginia Dept. of Health:_ Please see attached letter dated August 7, 2008. Planning and Zoning: Campgrounds are permitted in the RA (Rural Areas) zoning district with an approved Conditional Use Permit (CUP). The zoning ordinance requires campgrounds to be subjected to additional performance standards that include: acreage, density, and setbacks. This proposed campground will be on two (2) parcels containing 22-/+ acres, to be built in two (2) phases. Phase 1 of this campground will contain the primary recreation and dining building that will sleep a maximum of thirty (30) people. This phase will also include the septic system, well, soccer pitch, basketball court, possibly a swimming pool, and parking area. Phase 2 of this proposed campground will include three (3) cabins with a capacity of twelve (12) people per cabin. The recreation and dining hall will not be used by campers to sleep in; and a main office will be built. An engineered site plan for the expansion of the parking area and access to the site shall be approved by Frederick County, and the improvements completed prior to starting this use. This site will ensure that all of the requirements of this CUP and the Frederick County Zoning Ordinance are met. CUP #11-08, Diana and Andrew Hirshfeld September 12, 2008 Page 3 STAFF CONCLUSIONS FOR THE 10/01/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan for the expansion of the parking area and access to the site shall be approved by Frederick County, and the improvements completed prior to starting this use. 3. One (1) non -illuminated monument business sign shall be allowed on the property; sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten (10) feet in height. 4. All athletic and event facilities are campers use only, no outside events allowed. 5. Campground limited to forty (40) people at any one time. 6. Any expansion or modification shall require approval of a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Diana & Andrew Hirshfeld •' Y.,�0 f Conditional Use Permit N� °Ny CUP 11 - 08 PIN: 80 - 1 - 9; 80 - 1 - 10 80 A NORVA RODB t CLUB AC.80 A 29� ha RISLEY NEIL B d SUSIEA � .,. �'�'qt, it /` .,_ �_''� i RS �<< � •►9 - 'w, T +] •OAS G { , !" �F4 0" - %�� ,�t'R' ES RD y• `�.� �� . .• ;%q '.,. Cad '•.. r /. _ VA, ♦ s' +T• + ,r{, i `'aP <, p °a• �`%'✓ ..r", . ' 4 - 80 A 30B - `. HOTTEL -*� . •.'^.... y .� ?p l ? ,'d WAYNE TRUSTEE y ac , r C , a SON JIMMKALLEN JOHN80 F 70 • - 16 p. •. .` A 30C BENJAMIN ESTER J80 ' A 30 TONKIN BILLY J A GLADYS B I 4 80 1 10 HIRSHFE,LDD A'NDRREW H p ° 80 A 31 KING ELSIE LOUISE, BO 1 S FEI 00 A 25 HIRSHLD ANDREW H RACEYBOYD 8o 1 8 KLINE JOHN W • • ' 80 1 7 80 A 22 { KLINE JOHN W B DORTHA M l� �-� "�' ORNDORFFVIROINULL. ` to 1 b.-'_:.,, •TRIPLES ASSOCIATES i - r 80 A 21 80 1 5 _ HALL'JAMES8 VAN NORTON F RODGER IR ��— VAN NORTON F RODGER III 0 250 500 1,000 Feet ue OApplication Buildings ��- Streets Topography (5' interval) Case Planner: Mark Lorca Fairfax Health Distract LO Frederick / Winchester Environmental Health V'DnOF 1VIRGINIA l� 107 North .Kent Street - Suite # 201 I� � �Tn� �V DEPARTMENT '" F1yJ.ItFAX Winchester, Virginia 22601 HEALTH HEALTH DISTRICT Tel. (540) 722-3480 — Fax (540) 722-3479 Protecting You and Your Environment www.vdh.virginia.gov Diana and Andrew Hirshfeld July 18, 2008 2507 Charlestown Lane Reston, VA 20191 Conditional Use Permit Comments: Matthews Ridge Campground Mr. and Mrs. Hirshfeld, The file for Matthews Ridge Campground has been reviewed for conditional use permit comments. Please address the following items in writing and re -submit to the Health Department. If the conditional use permit is granted, the Health Department will require; applications for permitting the campground, the pool, and dining hall (food facility), a copy of the plans to review, and the corresponding fees. Attached are copies of current regulations through Virginia Department of Health that govern the campground facility, the proposed pool, and food facility. I have also attached applications and the current list of fees that will apply once the campground has been approved. Comments/Questions: - Will there be sites for primitive camping, RV's, or pull behind campers/fifth wheels? - Will there be a dump station facility for campers or RV's to dispose of sewage? - Will there be a propone refilling station? - Will swimming be permitted in the pond? It is the understanding of this office that the Office of Drinking Water will be regulating your potable water supply and only preliminary plans have been submitted for the sewage disposal system and the proposed well, no construction permits have been issued at this time. If there are any questions, contact the Frederick County Health Department at 540- 722-3480. Matthew Cloud Environmental Health Specialist Senior Diana and Andrew Hirshfeld 2507 Charlestown Lane Reston, VA 20191 (703) 727 — 0203 July 20, 2008 Matthew Cloud Environmental Health Specialist Senior Frederick/Winchester Environmental Health 107 North Kent Street— Suite 4201 Winchester, VA 22601 Mr. Cloud, With this letter I am forwarding to you copies of the completed inorganic, metals, nitrite, nitrate, cyanide, and volatile organic contaminant analyses performed on water samples collected from the well for our proposed campground. In response to the questions posed in your letter to us dated July 18, 2008, the design for our campground does not include sites for primitive camping; RVs, or pull behind campers/fifth wheels. There will not be a dump station facility for campers or RVs to dispose sewage, and there will not be a propane refilling station. We would, however, like to permit swimming in the pond. As discussed with you on Friday, in Phase One of our plans campers and staff will sleep in the Recreation and Dining Facility. Our preliminary design for this Facility is a single building that includes a kitchen, dining room, two sleeping rooms for about 12 people each, and one smaller sleeping room for about 6 people. The final design for this facility has not yet been completed_ In Phase Two of our design, we will build three cabins for sleeping a maximum of 12 people each. Campers and staff will sleep in the cabins. During this Phase, we will also build an Office, which could sleep additional people. Although the Office has not been designed yet, we envision that the Office will sleep 5 to 8 people. We will limit the commercial occupancy for the camp (campers and staff) to 40 people_ Sincerely, Diana Hirshfeld Andrew Hirshfeld PRELIMINARY SITE PLAN AND SEWAGE DISPOSAL NARRATIVE Prepared For: Drew Hirshfeld 2507 Charlestown Lane Reston, VA 20191 Prepared By: Racey Engineering, PLLC Racey Project No.: 3778 May 27, 2008 Racey Engineering, PLLC 3778 Preliminary Design Calculations PRELIMINARY SEWAGE DISPOSAL EVALUATION — FLOW CALCULATIONS Project: Matthews Ridge Camp Date: 07/01/08 Cama Flows: 35 No Laundry 60 gpd/person* 2100 gpd 5 w/ Laundry 75 gpd/person** 375 gpd Total 2475 gpd Flow Rates from Table 3 "Contributing Sewage Flow Estimates" from the VDH-Sewage Collection and Treatment Regulations. Person is defined in the above calculation as either a camper, or staff member. *35 People without Laundry: Per 12 VAC 5-610-670 Sewage Flows are based on 60 gpd/person. This is 75 gpd minus 15 gpd for laundering. **5 People with Laundry: Per 12 VAC 5-610-670 Sewage Flows are based on 75 gpd/person. This value is based on full-time residence for the owner's family. (gpd) — gallons per day (gpm) — gallons per minute Camp Daily Flow 2475 gpd 1.71 fpm Minimum Design Flow 2475 gpd 1.71 Rpm System Design Flow 2500 gpd 1.74 gpm Pre -Treatment: There will be a kitchen in the proposed dining hall. The kitchen unit should be plumbed separately from the main sewer system. A properly sized grease trap will be provided to remove fats, grease, etc. from the kitchen waste streams. The grease trap has not been designed in this stage of preliminary engineering, but once more detailed information is received for the kitchen, an adequately sized grease trap will be included in the design. Typically the grease trap is sized to be one to two times the volume of the daily kitchen flow. Solids and buildup will be pumped regularly by a local grease collector. The solids loading should be monitored at start-up to determine the regular pumping frequency. Primary and Secondary Treatment — Preliminary Design: Typical influent concentrations are expected to be domestic strength. Typical influent concentrations are 220 mg/I HODS and 220 mg/1 TSS. (Date provided by Metcalf and Eddy Third Ed. 199 1) Page 1 of 5 Racey Engineering, PLLC 3778 Preliminary Design Calculations The main treatment system being recommended at this time is a septic tank with a single MicroFAST 3.0 treatment system by Bio-Microbies, Inc. as the secondary treatment. The treatment system will treat 3000 gpd, which is greater than the 2500 gpd system design flow. The proposed MicroFAST system will have solids separation/pretreatment prior to the secondary treatment. This treatment will be provided by a 5,000 gallon septic tank which will provide the required 48 hour storage capacity. The septic tank will be fitted with a single 3,000 gallon effluent filter to help facilitate the solids separation during the pretreatment step. This would be a Bio-Microbics SaniTee or equal. Septic tanks typically provide 50% reduction in BODS and 75% reduction in TSS. With the system processing 2,500 gpd, the septic tank will leave a remaining 110 mg/1 BOD5 and 55 mg/l TSS to be treated by the secondary treatment system (MicroFAST System). The MicroFAST system has a removal efficiency of 90% for TSS/BOD5 when used with a solid separating pre-treatment system. The effluent leaving the MicroFAST system will have expected BOD5 levels of l lmg/1 and expected TSS levels of 5.5 mg/l. The treatment levels will be acceptable to meet the 30 mg/1 BOD / 30 mg/1 TSS removal requirements. Treatment for Nitrogen is an additional concern for mass drain fields. The treatment system should see an average of 60 mg/1 total Nitrogen (Metcalf and Eddy). A septic tank typically has a treatment efficiency of 25%, leaving 45 mg/1 remaining to be treated in the secondary system. The MicroFAST system has an expected 70% treatment efficiency of Nitrogen, which would leave an effluent level exiting the secondary treatment system of 13.5 mg/l. A target level of 5 mg/1 of Nitrate leaving the property must be achieved. The 13.5 mg/l of Nitrate in the effluent distributed over the dilution area shown on the site map will be less than the 5 mg/1 target level (See Nitrate Calculations for Details). Solids removal from the primary and secondary treatment unit will be regularly removed by a septage hauler and disposed of at the local Waste Water Treatment Plant with capacity for the septage handling. Solids Treatment will not be provided on the site. See the attached calculations for solids generation and removal schedule. At a minimum, an expected pumping cycle for the septic tank and the FAST tank will be once a year. There will be enough storage in the pumping/piping system to ensure operation over a period of time that would be needed should a pump replacement be required. Page 2 of 5 Racey Engineering, PLLC Treatment Efficiency Summary BOD5 - Influent 220 mg/1 Efficiency Effluent Septic Tank Treatment 50% 110 mg/1 FAST Treatment 90% 11 m /I TSS - Influent 220 mg/1 Efficiency Effluent Septic Tank Treatment 75% 55 m /I FAST Treatment 90% 5.5 m /I Nitrate - Influent 60 m /I Efficiency Effluent Septic Tank Treatment 25% 45 m /I FAST Treatment 70% 13.5 mg/1 Disposal: 3778 Preliminary Design Calculations Disposal of the treated effluent will be by a drip irrigation disposal system. Soil Scientists have completed a site soil evaluation for determination of the infiltration values for the various fields within the system. The square foot requirement for the size of the fields is shown separately within this package. Distribution to the drain field will be completed through dosing procedure. An equalization/pump chamber will be provided to include a single pump for dosing of the drain field. The field is being set up into 6 zones which will be controlled by a Zoeller Series 6000 K -Valve. Dosing Rates The MicroFAST Unit will be dosed by a Zoeller Model #E-284 solids pump at 14 gpm and be controlled by a Rhombus Model 112 control panel. The second pump tank is to pressurize the drainfield with a Zoeller Model #5032-0009 effluent pump at a maximum of 13.6 gpm and be controlled by a FCP Flexco Time Dose Control Panel. Reliability and Alarms: Due to the type of facility generating the waste stream, it is not intended to provide trailered power generator capacity or on site power generator capacity for this facility. If the power fails, it is expected that the facility water will stop and flow to the treatment system will cease. Appropriate storage will be provided within the septic tank to provide necessary storage. The pump systems, treatment systems, and the disposal systems will Page 3 of 5 Racey Engineering, PLLC 3778 Preliminary Design Calculations all be provided with high water level alarms and sized to handle unexpected high flows to account for any surges that may occur due to the high usage or peaks after power outages. All pumping systems and mechanical systems will be provided with the appropriate controls in weather tight enclosures and each will be provided with the necessary audible and visual alarms alerting of high water situations in the appropriate locations. The locations for the alarms will be determined during the design phase of the project. At this time it is expected that the alarms would be provided at the treatment/pump site and an alarm internal to one of the buildings. Operation and Maintenance: it will be recommended that the owner enter into a contract with the service company to operate, inspect and maintain this system after it has been completed and operating. The design of the system will comply with the VDH standards and details. Overall Campground Narrative: The attached Preliminary Site Plan and the narrative presented here is to represent the probable plan for the proposed Matthew's Ridge Camp. The campground is intended to operate with three cabins, each approximately 700 s£ There will also be proposed to be a Recreation and Dining Hall, an office, a pool, basketball court, and a recreation field. The existing pond is shown on the preliminary site plan as having a potential future expansion. There is a proposed gravel parking area near the entrance to the camp ground on Paddy's Run Road. Page 4 of 5 Racey Engineering, PLLC Nitrate Loading Calculations: 3778 Preliminary Design Calculations Nitrate calculation is based on GMP #72 dated June 29, 1995 and document "Calculating the Nitrate Concentration in Ground Water below Mass Drainfields" by the Bureau of Sewage and Water,'1rA Department of Health dated November 1, 1900. Step 1._ Rainwater Infiltration RI = Annual Rainfall in inches* R = Absorbed rainfall in inches (50% of RI) D = Acres available for infiltration of rain ** DR = Dilution Rainfall RI 38 inches R 19 inches D 20 acres DR 28,120 gallons *Rainfall data provided by SCS -Soil Survey for Frederick County dated 1987 'Dilution area footprint can be seen on Preliminary Site Plan by Racey Engineering, PLLC Step 2: Mass Balance Calculation Q = Flow of wastewater per day Q 2,475 d OD = Wastewater plus dilution rainfall Q 30,595 d n = Nitrate* concentration in wastewater effluent n 13.5 m !I *Conservative assumption of all nitrogen in effluent is in the nitrate form Mass Balance Equation: N = Nitrate in conc. In aquifer N= (Q/QD) x n NI 1.09 m }I Target Nitrate Concentration = 5 mgfl Water Mounding Below Mass Drain Field Calculations: Water Mounding Computations will be performed for the final septic system design is complete. Page 5 of 5 �rQ�tit r�jOaFf� z� r��aan��Q-P.F��?p�E iQ cIa%�, r ESTIMATED PERCOLATION RATS �� (sect t� ehan e� NUMBER OF PEOPLE PER SEEK so NUMBER OF GALLONS PER PERSON PER DAPI 60 (Suhlect to ehange) L6FOOTPRENT" SIZE- 217 SQ. FT. f 100 GAL. r 217 sq. ft 1100 gallons (4800 gal/day) x 3 for LPD conversion = 314248 Sg. Ft Depth to rock, pans or impervious strata Depth to gray,water mottles % Slope Required increase of the absorption area (percent) Reserve required? Recommended installation depth 27" (fra " an 31" 15% 17% Yew 6-8" TOTAL "FOOTPRINT" SQUARE FOOTAGE REQUIRED (subject to change) prima 17% increase and 50% reserve for a total of 54,841 S . Ft. need p.T TOTAL "FOOTPRINT" SQUARE FOOTAGE IN DESIGN (su to change) roximatel 60,000 S . Ft. staked in field 300' L a 200' MRRY HA EY �` No. 152 COMMONWEALTH of VIRGINIA PHONE:463-7136 540 Department Of Health ROCKBRIDGE SQUARE SHOPPING CENTER PHONE:(540)463-7136 p 131 WALKER STREET FAX: (540)4633892 OFFICE OF DRINKING WATER LEXINGTON, VIRGINIA 24450-2431 Lexington Environmental Engineering Field Office April 7, 2008 SUBJECT: Frederick County Water - General (Hirshfeld Property) Mr. Drew Hirshfeld 2507 Charlestown Lane Reston, VA 20191 Dear Mr. Hirshfeld: Enclosed are copies of the completed inorganic, metals, nitrite, nitrate, cyanide, and volatile organic contaminant (VOC) analyses performed on water samples collected from the proposed well for your proposed summer camp on February 21, 2008. These analyses are for your information and indicate that the water complies with current chemical standards for the constituents tested with the exception of the iron (0.93 mg/1), manganese (0.079 mg/1), and turbidity (11 NTU) concentrations. The maximum allowable limits for these parameters are 0.3 mg/1 for iron, 0.05 Ing/l for manganese, and 1.0 NTU for turbidity. The analyses also indicated the presence of toluene (0.002 mg/1) which is well below its maximum allowable limit of 1.0 mg/ I. Also, enclosed is a copy of the completed evaluation of the 20 -sample bacteriological series conducted on 20 and 21 February 2008. This evaluation did not indicate the presence of either total or fecal coliform bacteria in any of the samples analyzed. Based on the attached results, iron and manganese removal treatment facilities need to be provided to ensure compliance with current drinking water standards. Plans and specifications, as prepared by a Virginia licensed engineer, must be submitted to this office for the development and connection of the well to the facility's water system. Should you have any questions, do not hesitate to contact me. Very truly y s, Harold T. Eberly District Engineer HTE/ bt/ 040708_5 cc Frederick County Health Department VDH - Richmond Central VI.— � VIRGINIA I�1 DEPARTMENT — OF HEALTH Protecting You and Your Environment WWW.VDH.VIRGINIA.GOV Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the 1--" I owner other) NAME: ADDRESS : 2507 Charlestown Lane, Reston VA 20191 TELEPHONE (7d3) r58-1311 2. Please list all owners, occupants, or parties in interest of the property: Diana Hirshteld 3. The property is located at: (please give exact directions and include the route number of your road or street) Property Address ` State Route 602 Paddys Run Road (80-1-10, 80-1-9), Star Tannery VA, 22654 _ Directions :Exit 296 off 181 at Strasburg, Rt. 55W, drive 8.7 miles and tum left onto Star Tannery Road, drive 1.1 miles and make a slight left onto Gravel Springs Road, Gravel Springs Road becomes Oates Road, drive 0.9 miles and turn left onto Pa Run Road, property entrance is 0.2 miles on the right. a road frontage of 1,075 feet and a 4. The property has g depth of 1600 feet and consists of 22.5 acres. (Please be exact) 5, The property is owned by Diana and Andrew Hirshteld as evidenced by deed from Susie and Neil Nibley recorded INST # 0700 19046 (previous owner) in deed book no. ___._____ on page as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 80-1-9, 80-1-10 Magisterial District Back. Creek Current Zoning V. Adjoining Property: USE North House, Horse Barn East Vacant South Vacant Wes t Vacant ZONING A—F— IFZq 8. The type of use proposed is (consult with the Planning Dept. before Campground completing) 9. It is proposed that the following buildings will be constructed: Main Building (dining area, kitchen, sleeping quarters), 3 Cabins, Office, 2 10. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAMESusie and Neil Nibley ADDRESS 410 Oates F2d., Star Tannery, VA 22654 PROPERTY ID# 80-1-8 NAME Jimmy Allen Johnson ADDRESS 691 Oates Rd Star Tannerv. VA 22654 PROPERTY ID# 80 -A -28B NAME lEster J. Benjamin ADDRESS 17474 Orkney Grade. Mt. Jackson. VA 22842 PROPERTY ID# 80 -A -30C NAME Gladys and Billy Tonkin ADDRESS 3611 Midiand Rd.. Midland_ VA 22728 PROPERTY ID# 80-A-30 NAME lVirginia L. Orndorff ADDRESS 1311 Paddvs Run Road. Star Tannerv. VA 22654 PROPERTY ID# 80-A-22 NAME ITrustees of HamptonCemetery ADDRESS PROPERTY ID# 80 -A -24A NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS _ PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS 11. Please use this page for your sketch of the proposed and/or existing structures on including measurements to all property lines. See Attached property. Show the property, t A. ;Ah- rb..' <I�/ r :. ' . ,tt % ,��� �. +•9. 'd � u, tT�.. Si +. � �>< :'ryl %"' 9 k131� �a`A •.. t�.. !� F T .. ,•. 5 1 rt a � .:;� .�I. ��.. :�:'ty'.. � '�'"'% , --•-.� .:P° i. ', I '' g / a _ rt• � I 1 iL � :I g� I yla#itW w� 4 ` �..1 '''+'�. Id9 r�'y J.- to t ,pi1.• ktt o 17 1 {'r •5 $ 7.'; "1 _'7�s.. 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SPACING, jz 6 INCH INSTALLATION DEPTH B PROPOSED Z SLEEVE UNDER Lu'^ a ROADWAY 50X RESERVE AREA (2) 12X20® STORAGE ® PROPOSED SHEDS RECREATION WELL AND DINING HALL 700 SF CABIN RACEY PROJECT %3778 y /D} 5000 GALLON -� m PUMP TANK p Z O MICROFA57 3.0 3 2 t' o TREATMENT UNIT U 3' A OFFICE/STAFF 5000 GALLON i."+'� HOUSING J• qs SEPTIC TANK syr POOL PG'Y S it POTENTIAL . POND POG 'kms ` EXPANSION 1in > W 1GALLON IFT a LIfT STATION.. 2y3 � PARKING GRAVEL BASKETBALL PARKING COURT W m DILUTION AREA (20 ACRES sLnZ EFFECTIVE AREA) o w rn 0 N • n U Q Q '' V � d � P +� 1 INCH = 150 FEET ��d SHEET 3 of 1 fi I RACEY PROJECT #3778 i= N m Q O z 3 o Z ac a V > K 0— W W Z tz v c' V) U) c L oro � y U Q Q �y w 3 z s � w CLW � a 1 !MCH = 20 FEET SHEET 4 of 18 RACEY PROJECT #3778 m a 3 Z o U 0 5 NO SCALE SHEET 5 of 18 Z a Q � a U Z U v ut W ¢ n i STAFF 7 ING W f- n I4 Q O � o Z a�� a cl a m t - v c D i cn o Q N N mU Y w 3 Q w K _Z L VC UN a o_ NO SCALE SHEET 5 of 18 12. Additional comments, if ny: I See Attached I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Appl -ca-n*V I -I 7).V Signature of Owne-` Owners' Mailing Address 2507 Charlestown Lane, .Reston, VA 20191 Owners' Telephone No. TO BE COMPLETED BY THE—ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 412 - Additional Comments I. Maximum commercial occupancy = 40 a. When used as a children's camp, typical camper to counselor ratio will be 5:1 b. Quiet Hours : 10:00 pm Sunday through Thursday 11:00 pm Friday and Saturday II. Traffic generation a. Maximum trip generation from staff and camper drop-off and pick-ups will be 160 per week. b. Drop-off and pick-up periods will each be limited to 3 -hour windows. c. Primary use is in summer, therefore non -summer trip generations will be greatly reduced Note: The residential standard for trip generations is 70 trips per week for a single residence. Therefore, the resident camp will generate much less than 3 household's worth of traffic, which is less than the potential subdivisions for the acreage. III. Phased construction a. Phase One — Primary recreation and dining building, will be used to sleep a maximum of 30 people. Other components include septic system installed for 40 people, well, grounds landscaped to include one soccer field, one basketball court, parking area, DOT approved entrance, gravel road from entrance to primary building, storage sheds, and possibly a swimming pool. b. Phase Two (years 2 through 5) — Three cabins with maximum capacity of 12 people each. Sleeping quarters moved from primary recreation and dining building to the cabins. Main office located near parking area and swimming pool. I.l Special Limited Power of Attorney ' County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 510-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) plana and Andrew Hirshfeld (Phone) 1(i �03j 758-1317 (Address) 2507 Charlestown Lane, Freston VA 20191 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. 07001904 on Page , and is described as 80-1-9, 80-1-10 Parcel: Lot: lock: Section: Subdivision: iVBattheaws Ridge do hereby make, constitute and appoint: (Name) Benjamin Butler, Mc Kee & ButIer X540) 662-3486 (Phone) (Address) 112 South Cameron Street, Winchester VA 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ® Rezoning (Including proffers) 0 Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision 0 Site Pian My attomey-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 L , 200 Signature(s State of Virginia, City/County of (`„ - r G ,�— , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this f3 day of y u `200 9+ . ` H Q. GERAYU .9taFy Public Public Commonwealth of Virginia nny Commission Expires Apr 30, 2010 Ay Commission Expires: 6q— 30— 2o'd *267660 C. :�1 REZONING APPLICATION 908-08 BOTANICAL SQUARE Staff Report for the Planning Commission Prepared: September 17, 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 Planning Commission: 10/01/08 Board of Supervisors: 10/22/08 Action Pending Pending PROPOSAL: To rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The properties are located on Route 50 West,'/4 mile west of the Route 50 and Route 37 interchange, at the northwestern corner of the intersection of Route 50 and Botanical Drive. MAGISTERIAL DISTRICT: Gamesboro PROPERTY ID NUMBERS: 53 -A -74,53 -A -75,53-A-76 and 53-A-77 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) - East: B2 (Business General) West: B2 (Business General) PROPOSED USE: Commercial Use Use: Residential Use: Vacant (Pending RZ#06-08) Commercial Use: Vacant/Commercial Use: Vacant/Commercial Rezoning #08-08 —Botanical Square September 17, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Omni Design Build Rezoning application dated May 1, 2008 addresses transportation concerns associated with this request. VDOT has the following concerns/comments: Because of the high volume of traffic on Route 50 and for the safety of the traveling public, VDOT does not recommend a right-in/right-out entrance along Route 50. The proposed entrance is not included in the Frederick County Master Development Plan. VDOT recommends a traffic signalization agreement for 100% funding of a traffic signal at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use towards other transportation improvements along this corridor if a signal is not warranted Fire Marshall: Plan approved as submitted. Department of Public Works: A review of the rezoning application and related impact analysis for the Omni Commercial Development property revealed that the drainage narrative needs to be revised to reflect the as -built conditions to the east and west of the project. As a matter of record, the stormwater management facility constructed on the Wal-Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50. Likewise, the drainage system on the Valley Health property located to the east of the subject property was designed to intercept and channel stormwater flows across their property and under Route 50. We recommend that the narrative and Exhibit 3 be revised to reflect the above conditions. We also recommend that you review copies of the down gradient drainage system design to ensure that they have been adequately sized to accommodate storm flows from the Omni Commercial Development property. Our recent site inspection revealed that four drop inlets have been constructed on the west side of Botanical Boulevard to intercept storm runoff from the Omni property. The grading around two of these appears to restrict flows into the inlets. The actual locations of these inlets should be shown on Exhibit 2. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department:_ There should be sufficient sewer and water capacity to serve this site. Department of Parks & Recreation: The 10' asphalt bicycle trail should be included within a 20' wide easement with trail meeting Frederick County specifications. Trail maintenance should be the responsibility of the owner and proper signage should be provided. Health Department: The Health Department has no objection to the request as stated so long as adequate public water and sewer are utilized. Any existing wells and existing drainfields located on subject properties are required to be properly abandoned through the Health Department. Historic Resources Advisory Board: It appears that the proposal does not significantly impact Rezoning #08-08 — Botanical Square September 17, 2008 Page 3 historic resources and it is not necessary to schedule a formal review of the rezoning application by the HR.AB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley- does not identify a core battlefield within this area. Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 surfaces of the Winchester Regional Airport; therefore, proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Frederick County Public Schools: We offer no comments. Attorney Comments: Comments to be provided. Planning Department: See attached memorandum from Mike Ruddy, AICP, dated June 27, 2008 Planning & ZoninI4: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The -property islocated -in the area covered by the Round ;Hill -Land Use Plan which was most recently updated on November 11, 2007. The property is within the S WSA and is designated as an area of commercial land use, adjacent to Route 50, by the Round Hill Land Use Plan. This commercial request is considered supportive of the land uses identified in the Comprehensive Plan with particular care being taken to sensitively integrate the development of the site and the corridor appearance along Route 50 and Botanical Drive. The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill Rezoning #08-08 — Botanical Square September 17, 2008 Page 4 Community along Route 50. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable landscaped buffer area that promotes the corridor appearance goals of the Comprehensive Plan. Recently rezoned projects in several corridors have consistently applied this approach. This application continues this approach. This property is located in an area that contains an existing established residential property. Special consideration should be provided to ensure that the impact to the adjacent residential property is sensitively addressed. A tailored approach to the buffering and screening of this property may be warranted. Transportation and Site Access This application addresses the transportation components of the Round Hill Land Use Plan. The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency and access management. This application's site access is proposed to be provided from one location, via an entrance on Botanical Drive. This point of access was determined through the Master Development Plan process for the adjacent Winchester Medical Center property. The Applicant will be coordinating this access with the Winchester Medical Center property. Botanical Drive is a dedicated road that will ultimately be accepted as a State Road. The location of this point of access is further identified on the GDP for this project. The GDP provides certainty as to how the site's access will be provided. This application does not provide a direct point of access to Route 50. It has been recognized that additional entrances along such a significant transportation corridor should be avoided. In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The Eastern Road Plan. Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. The Comprehensive Policy Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. Rezoning #08-08 — Botanical Square September 17, 2008 Page 5 3) 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 parcel which are identified in this application. The site does contain areas of mature trees, in particular along the Route 50 frontage. It would be preferable to preserve areas of mature trees and specific specimen trees within this area, and elsewhere on site, to enhance the corridors appearance and minimize the impacts on this natural resource. 4) Potential Impacts A. Transportation The TIA prepared for this application was based upon the development of a commercial project which would include the following commercial uses; a car wash, 8,000 square feet of office space, 8,000 square feet of retail, and 8,000 square feet of restaurant. This trip generation should be generally consistent with the limitation proffered for the maximum floor area of the project. It appears to be consistent when considering the 30,000 square feet number. The Applicant should clarify the discrepancy between the two numbers contained in the proffers. The Applicant evaluated the intersection of Botanical and Route 50 and the intersections of Route 50 and Route 3 7. As the Commission is aware, the Comprehensive Policy Plan seeks to ensure that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. An acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and conclusions highlight levels of service deficiencies at several locations that have not been fully recognized by the application. 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. This could be done in conjunction with VDOT and the County's recommendation that the value proffered for signalization improvements be available for other improvements in the area VDOT has recommended a traffic signalization agreement for 100% funding of a traffic signal at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use towards other transportation improvements along this corridor if a signal is not warranted. It is anticipated that additional right-of-way and improvements may be necessary in the future along Route 50. A mechanism has been provided in the proffer statement which would enable Rezoning #08-08 Botanical Square September 17, 2008 Page 6 any right-of-way necessary for planned future improvements to be dedicated to the County or VDOT. Future right-of-way dedication should be based upon any road improvement plans as approved by VDOT and Frederick County. Access management of Route 50 is a significant consideration. No entrances onto Route 50 are proposed in recognition of this consideration. The function of the existing signal at Route 50 and Botanical Avenue should continue to be enhanced. In addition, VDOT has identified a potential need in the future for a signal at the intersection of Botanical Drive and the site's one point of access. The Applicant has addressed this need in their proffer statement. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and across Botanical, to the Route 50 frontage, and along the Route 50 frontage where a 10' wide pedestrian trail will be provided. B. Design Standards The application provides for the addition of an enhanced landscaping buffer -area along the properties frontage with Route 50. The proposed buffer is 50' in width and will seek to preserve existing trees where possible or alternately contain landscape plantings. The buffer area will also contain a 10' wide pedestrian trail. In addition, the application includes minimal architectural language, written in an attempt to address the corridor appearance design elements of the Comprehensive Plan. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is a $5,000.00 contribution to Frederick County for Fire and Rescue purposes. 5) Proffer Statement — Dated February 7, 2008; Revised July 1, 2008 A) Generalized Development Plan The applicant has proffered a Generalized Development Plan for the site. The GDP shows the location of the site's sole access from Botanical, location of buffer areas and identifies the Route 50 landscape buffer. B) Land Use The Applicant has stated that they intend to develop the property with up to 36,000 SF of commercial uses. The proffer that addresses this limitation should be clarified to verify the maximum f Zoor area and must eliminate the discussion on additional TIA's and development. Such a proffer is problematic and should be removed The Applicant has recognized this concern and has the ability to remove the second part of Rezoning #08-08 — Botanical Square September 17, 2008 Page 7 this proffer. To reiterate, this approach is not acceptable. The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. The applicant has proffered a 50' enhanced landscaped buffer along the Route 50 frontage which will include the preservation of existing mature trees and the provision of additional landscape plantings. The Applicant has provided for architectural language, written to address the corridor appearance design elements of the Comprehensive Plan and has provided a limitation on the location of parking adjacent to Route 50 to minimize the parking area adjacent to the road and promote building appearance adjacent to the corridor. C) Transportation The applicant has proffered to limit site entrances to one as shown on the GDP which is via Botanical. Direct access from Route 50 shall be prohibited. An access point to the adjacent residential use is addressed. The Applicant has proffered improvements within the Route 50 and Botanical right of ways which may be necessary to support the proposed development. In addition, the Applicant has proffered the signalization of the site access and Botanical. It is recognized that the dollar value of this improvementfor the construction of a signal should be availablefor use on other transportation improvements in thegeneral area. This would be similar to other proffers recently accepted by the County. The Applicant has expressed the ability to do this. It may be prudent to establish a dollar value for this improvement and contribution. D) Community Facilities The applicant has proffered a monetary contribution in the amount of $5,000 to Frederick County for Fire and Rescue purposes. STAFF CONCLUSIONS FOR THE 10/01/08 PLANNING COMMISSION MEETING: This application to rezone four parcels totaling 4.15 acres from the RA (Rural Areas) District to the B2 District with proffers for commercial land uses is consistent with the Comprehensive Policy Plan, and as described in the Round Hill Land Use Plan. The impacts associated with this request appear to have _been adequately mitigated, subject to affirming that the transportation proffers may be used for improvements in the general area supporting this project. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: John Lewis FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Comments — Omni Design Build, Route 50 West DATE: June 27, 2008 The following points are offered regarding the Omni Design Build, Route 50 West Commercial Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. Omni Design Build Route 50 West Commercial Rezoning — Rezoning Comments. General. Please provide a consolidated plat of rezoning which clearly identifies the boundaries of the parcels for which the rezoning is being requested. A metes and bounds description should be provided. More detail needs to be provided regarding Echo Lane, its ownership, and the ability to rezone, modify, expand upon, or dedicate the right-of-way. It would appear as though the echo lane right-of-way is for the benefit of the adjacent property to the north. Access to the neighboring property should be addressed further. Please ensure that all review agency comments are fully addressed. Land Use. The property is located in the SWSA and is designated as an area of commercial land use, adjacent to Route 50, by the Round Hill Land Use Plan. This commercial request is considered supportive of the land uses identified in the Comprehensive Plan with particular care being taken to sensitively integrate the development of the site and the corridor appearance along Route 50 and Botanical Drive. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Omni Design Build, Route 50 West Commercial Rezoning — Preliminary Rezoning Continents June 27, 2008 Page 2 Special consideration should be provided to ensure that the impacts to the adjacent residential property are sensitively addressed with a careful approach to the design of the north end of the site. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully plamned to ensure that this achieved. 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 Round Hill area. Ideally, you would guarantee this would be how the site would develop by incorporating into the proffer statement. Examples consistently used in the current development in the corridor have included brick construction and in several cases, standing seam metal green roofs. It appears as though a 50 foot landscape buffer is being proposed, within which will be a ten foot asphalt trail and new landscaping. It would be preferable to preserve areas of mature trees and specific specimen trees within this area, and elsewhere on site, to enhance the corridors appearance and minimize the impacts on this natural resource. Impact Analysis. The Development Impact Model recognizes impacts to Community facilities and services. Please adjust your Impact Analysis accordingly. The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. The Applicant has proposed a monetary contribution in, the amount $5,000.00 for impacts to fire and rescue services for the benefit of the Round Hill Fire and Rescue Company.. Please revise this language to direct the contribution to "Frederick County for Fire and Rescue purposes". It is the County's Policy to allocate proffered contributions to the first responding company. The analysis of this site from the TIA perspective is not consistent with the most intensive use of the property based upon the permitted uses within the B2 Zoning District. Transportation. It is anticipated that additional right-of-way may be necessary along Route 50. A mechanism should be considered which would enable any right-of-way necessary for future improvements to be dedicated to the County. Future right-of-way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. Omni Design Build, Route 50 West Commercial Rezoning — Preliminary Rezoning Comments June 27, 2008 Page 3 Access management of Route 50 is a significant consideration. An additional entrance, even a restricted movement entrance, in close proximity to the existing signals should be avoided. The function of the existing signal at Route 50 and Botanical Drive should continue to be enhanced. Access from Botanical Drive is preferred. Please provide confirmation of the ability to utilize the entrance located on Botanical Drive. As stated previously, the analysis of this site from the TIA perspective is not consistent with the most intensive use of the property based upon the permitted uses within the B2 Zoning District. In addition, the TIA identifies levels of surface that are less than that which is the goal of the Comprehensive Plan; a level of service C or better. Without further commitments in the Proffer Statement, the conclusions of the TIA are questionable. 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. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to the adjacent commercial properties, and along the Botanical Drive. This should be addressed at this time. 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 maintain specificity on important elements such as the access, pedestrian accommodations, building and site design, tree preservation, and buffering and landscaping. A date should be provided for the GDP. The entrance on Route 50 should be removed based upon previous comments. The County recently approved new signage regulations which would be applicable for the development of this site. Therefore, proffer #7 may be unnecessary. It would be preferable to state that the proffered value of Proffer #4, the value of a signal, shall be the value of a signal at the time which the signal is deemed necessary by VDOT or the County. This would ensure the value proffered is consistent with current costs at the time the improvement is provided. Omni Design Build, Comments .Tune 27, 2008 Page 4 Route 50 West Commercial Rezoning — Preliminary Rezoning Other. I would suggest an alternate approach to the buffer and landscaping proposed along the frontage of the property. It would be desirable to ensure that the existing mature trees are preserved to the greatest extent possible. Identified specimen trees should remain undisturbed. Consideration should be provided to establishing construction fencing around any protected trees prior to any land disturbance to ensure that the protected trees are not removed or damaged. It may be desirable to promote the location of the commercial buildings, other than a car wash, as close to the front setback as possible. This would also result in the location of any parking areas to the side and rear of the commercial buildinZD gs_ The relegation of the parking areas would be considered as an enhancement to the appearance of the Route 50 corridor and the Botanical Drive corridor. MTR/bad 53 A A FRUIT HILL ORCHARD INC pETi/CpgT 4p A �/ �NE _4C a 53 ;, & WINCHESTER MEDICAL CENTER INC 41 41, OTT O a 20 / k _ Harriett y'6 og j q 9 9srL ! LEFTA.W V . 4 � f 53 A 76 j _ JOHNSON ROBERT ON d0 50 `NORTHWESTERN PIKE e 0 2s€'4 ei1 i G- W go 37 34 r_AW 53 A. 86 -0 '�_ O'DONNELL TRUDY POE 53 A 866 LITTMAN PROPERTIES LLC JJ_ u L 3 17 _ LITTMA 53 A 86A N PROPERTIES LLC 11 f, N W E }. 0 250 500 1,000 Feet Tt'y l®tanic l —are .<ezoning REZ#08-08 PIN: 53-A-74, 53-A-75, 53-A-77 00 Application Zoning �B.ildings B 1 (Business, Neighborhood District) M2 (industrial, General District) 40 MHI (Mobile Home Communtt, c z� Urban Deeelo pment Area B2 (Business General Dtstnst) District) 4W MS (Medical Support District) S WSA Ift B3 (Business Industrial T sition District) 4Q0 R4 (Residential Planned Community District) 4ft' EM (Extractive Manufacturing District) R5 (Residential Recreational Community District) 4W HE (Higher Fel-inLon District) � RA (Rural Area District) Ml (industrial, Light District) RP (Residential Performance District) Streets .. Topography (5' interval) I'Ilap L)Jl:u )cj,t ii- `__ �,. .. ,. .,...- �- .. _ ......� _.. .. . ,,. .... _. Case Planner: Mike BOTANICAL SQUARE OMNI DESIGN/BUILD, INC. Route 50 West Proffer statement Rezoning #: Property: 4.15 acres PARCEL ID's: 53-A-74 Recorded Owner: Carolyn R. Turner PARCEL ID's: 53-A-75, 53-A-76, 53-A-77 Recorded Owner: Robert B. and Nancy R. Johnson Applicant: Omni Design/Build, Inc. 20288 Blueridge Mountain Road Paris, VA 20130 Project Name: Original Date of Proffers: Revision Date(s): Botanical Square Route 50 West February 7, 2008 July 1, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0612010 PROFFER STATEMENT PARCEL ID PARCEL ID's: 53 -A -74,53 -A -75,53 -A -76,53-A-77 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # d� for the rezoning of parcels TM#s 53-A-74, 53-A-75, 53-A-76, 53-A-77 from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (GDP) dated 07/01/08 for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". 2.) Route 50 Right of Way Improvements The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 and Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Signalization The applicant will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. page 2 PROFFER STATEMENT PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 5.) Route 50 Buffer The applicant agrees to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of-way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Zoning. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner. The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site. The trail and buffer will be completed prior to the occupancy of any structure on the property. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community_ The principal fagade in addition to any fagade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. 7.) Location of Parking The owner agrees that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The applicant agrees to limit the gross commercial floor area that will be built on the 4.15 acres to 36,000 square feet unless a Traffic Impact Analysis demonstrates that the Average Annual Daily Trips and Peak Hourly Trips generated by a development containing more than 30,000 square feet will not significantly increase AADT over that number used in the Traffic Impact Analysis associated with this rezoning request. The amount of commercial area to be built will be determined through the site plan review process. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. page 3 PROFFER STATEMB-4 , PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 Submitted By: Nancy R. Jo. son City/C0trnty of 41, J n da, 5ktk-- , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this I�S day of 200_ Notary Public My commission expires: g 3 / dOl% page 4 e S - ►M�sca z - ILI PROFFER STATEML.. f PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 Carolyn R.�ue City ount f—fl,�� l ►oj , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this `% day of 12009 Notary Public My commission expires: page 5 CHRISTOPHER LEMONS Notary Public Commonwealth of Virginia 1054873 My Commission Expires Mar 31, 2010 10' ASPHALT i BICYCLE TRAIL EXISTING SIGNALIZED INTERSECTION unI O WITHIN BUFFER: 1 SHADE TREE/40 LINEAR FEET 1 ORNAMENTAL SHRUB/5 LINEAR FEET and/or PRESERVATiON OF EXISTING VEGETATION 'T1 �NEW aim ACCESS SHALL BE MAINTAINED TO THE ® EXISTING RESIDENCE I ®� w 1 ;n m mw N j co l � � I Z U� linp 1 N U-) 35' BRL — — _ — — — _ — _ 35' BRL— __jI 1 P./.N. r- A-73 ZONED.RA l PROP SITE ENTRANCE CD s - - - BOTANICAL - - � FUTURE - — - BOULEVARD SIGNALIZED----- .4 � Ljj J z co O N C E eta c N O m U 'P N r` <n U1 N 3 e ID e� e O a) .D LO @) n � .0 E o Y,t■ .� U-- Q 0 � t 0 U N U U (D 0 UC LL- L Zs w PROP SITE ENTRANCE CD - - - BOTANICAL - - � FUTURE - — - BOULEVARD SIGNALIZED----- � Ljj J z co — - _ - _ INTERSECTION - ' _- w tiiYiY1 C) _ -- - - - -- -- -- -- SURVEY: C. I.: To .� -m -- ---- --- --_ - -- — -- ------ --- o n N/A -- - — -- DRAWN BY. JOB NO.: / r 1 APPRX. LOC. OF EXISTING ENTRANCE_- ` `LI Iss 0612010 i'J r 1 I SCALE DATE: i.9 1 " 60.0' 7/01/08 v„ , ZONED. 92 Drawing: GDP IMPACT ANALYSIS STATEMENT BOTANICAL SQUARE ROUTE 50 WEST' Omni Design Build, Inc. Gainesboro Magisterial District ----- -- Frederick -County, Virginia July 11, 2008 Prepared for: Mr. Wendell Johnson Omni Design/Build, Inc. 20288 Blueridge Mountain Road Paris, VA 20130 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 0612010 IMPACT ANALYSIS STATEMENT Botanical Square — Route 50 West IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 5 C. TRAFFIC 6 D. SEWAGE CONVEYANCE AND TREATMENT 6 E. WATER SUPPLY 6 F. DRAINAGE 6 G. SOLID WASTE DISPOSAL FACILITIES 6 H. HISTORIC SITES AND STRUCTURES 7 I. COMMUNITY FACILITIES 7 J. LOT CONSOLIDATION 8 page 2 IMPACT ANALYSIS STATEMENT Botanical Square — Route 50 West i. INTRODUCTION Omni Design Build, Inc. (the applicant) proposes to rezone four parcels of land located at the intersection of Route 50 and Botanical Boulevard in Frederick County, Virginia. The parcels (the site) are currently zoned RA (Rural Areas District) and are identified by the following Tax Identification Numbers.- Tax umbers: Tax Map No. Area (acres) Ex. Zoning Pr. Zoning 53-A-74 1.306 RA B2 53-A-75 1.00 RA B2 53-A-76 1.00 RA B2 53-A-77 0.84 RA B2 Total 4.15 The applicant is requesting to rezone the property from RA, Rural Areas District to B2, Business General District. The total area of the request is approximately 4.15 acres. Please refer to Exhibit I on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site for commercial purposes. A. SITE SUITABILITY The Frederick County Comprehensive Plan shows that the area containing the site is within Phase I of the Round Hill Rural Community Land Use Plan area. Phase 1 contains approximately 110 acres and is bounded on the east by Route 37. Route 50 divides the Phase 1 area. A portion of the area was rezoned to B2 in 2002 under the name "Winchester Medical Center II". Since that rezoning, a Marriott Suites and the first phase of the major collector road known as Botanical Boulevard has been constructed. Immediately to the west of the site is land which was rezoned to B2 in 2003 under the name "Round Hill Crossing". Since that rezoning, a Wal-Mart and a network of access roads have been constructed along with several smaller, commercial projects. Significant improvements to Route 50 and the Route 37 access ramps have occurred in association with these two rezoning and development projects. The Frederick County Comprehensive Plan states that Phase 1 calls for the establishment of a business/office area. The existing businesses in the immediate area would suggest that the timing for the proposed rezoning of the site to commercial use is appropriate. Please refer to the aerial photo contained in Section 2. The aerial photo shows the Wal-Mart, Marriott, and Botanical Boulevard. Since the date that photo was taken, other commercial development has occurred in the Route 50 corridor. Along the western boundary of the site current development contains several lots containing restaurants and financial institutions generally in the form of branch banks. To the east of the site, a Marriott Suites motel has been built and at least two commercial outlots have been created. The initial 1000 feet or so of Botanical Boulevard, a future major collector road, has been constructed along the eastern boundary of the site. Botanical Boulevard is currently not a public roadway. It is owned and maintained by the Winchester Medical Center. According to the "Winchester Medical Center II" rezoning page 3 -s IMPACT ANALYSIS STATEMENT Botanical Square — Route 50 West and Master Development Plan documents, Botanical Boulevard will be contained within an 85' right-of-way and will eventually be dedicated for public use and maintained by the Virginia Department of Transportation. Access to the site from Botanical Boulevard is noted as reserved on the Master Development Plan. The applicant is in negotiations with Winchester Medical Center for permission to access the site from Botanical Boulevard. Sound planning policy will limit the number of points of access along Route 50 due to the high volume of traffic and number of lanes. The applicant intends to develop the site using Botanical Boulevard as the main point of access. The intersection of Route 50 and Botanical Boulevard is currently signalized. Access to and from Botanical Boulevard will eliminate the need to have full access to and from Route 50 to the site. The site boundaries narrow in the northern direction where there is a residential lot situated between the site and a future minor collector road (Petticoat Gap Lane). Buffers and screening will be provided along the northern boundary of the site to protect the adjacent residential use. The southern boundary of the site abuts the Route 50 right-of- way. The site has approximately 400 feet of frontage along Route 50. Across Route 50 is the Marathon Bank site zoned B2 and a parcel containing approximately 8 acres of undeveloped land zoned RA. The Round Hill Rural Community Land Use Plan contains general design principles that the applicant will incorporate into the development plans for the site. Free-standing signs for each development will be limited to 50 square feet of display area with a maximum height of 12 feet. The number of commercial entrances to the site will be limited to one full movement entrance from the public rights-of-way. Parking areas between Route 50 and future site buildings will be limited. A 50 foot landscaped area will be created parallel to the Route 50 right-of-way. The landscaped area will contain a 10 foot wide, asphalt bike trail. Existing trees within the landscaped area will be preserved to the extent practicable. The applicant agrees to proffer a Generalized Development Plan to address these design principles. Please refer to the Proffer Statement in Section 8. As a means to illustrate the commercial development potential for the site, a conceptual plan has been prepared. Please refer to Exhibit 2 on the following page. The plan shows some possible uses for the site including retail space, office space, and an automatic car wash. Building areas were assigned to each use in order to determine required parking as well as to estimate vehicle trip generation numbers used in the Traffic Impact Analysis. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on the site. page 4 10' ASPHALT /'BICYCLE TRAIL Ln fn Ln sa 17-1c CIR r. Lj CAR WAMF— �UNNELS 1'x18' PROPOSED BUILIDNG BUILDING HEIGHT USE AREA PARKING REQUIRED z 0 Ljj < A I Story Retail 8,000st 40 B 1 Story Office 8,000sf 27 C 1 Story Restaurant 8,000sf 80 CJ -C o TOTAL z to 24,000sf 147 D 1 Story Car Wash lo lst�'s ri 60' 0 60' ww%m� Scale 1" = 60 ft - I -ml- 35' BRL rla3 35' ACCESS SHALL BE MAINTAINED TO THE EXISTING RESIDENCE Co Ld Caw Of C __j ho b FZ1V 53 A-73 ZONZD.- RA L �m OD 14: CL -PROP. SITE ENTRANCE CD U) ry --- — — — -- — — — — — — — — — — =7,y- --- =_z — __ = — — __ - LLJ _�j LLJ — — - — ---- - --- - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BOTANICAL - - - - -- - - - D z BOULEVARD U) 0 — - ---------------------------------------- ---------------- 0 LLj ME EXISTING - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - PROPOSED SIGNALIZED SURVEY: C. I.: SIGNALIZED - - - - - - - - - - - - - - - - LZ - - - - - - - - - - - - -- - - - - - - - - INTERSECTION Tax Map N/A INTERSECTION N ;-- -- Z7-- Z7-- = L;-- --®— :Z-- 7-; ZZ�-_ mm—_ — ----- — — ----- 4P 71— DRAWN BY: JOB NO.: APPRX. LOC. OF EXISTING ENTRANCE Ss 0612010 _SCALE: DATE: 1"=60.0' 7/01/08 _-Drawing:. ZONED.- 292 D(HIBIT 2 Z z 0 Ljj < Lj Or 3_- CLE Z 0 _jLo O Uwe - rui r - (n N < D Lli CJ -C o a® z to c) LLwJ Lli D 0 U - 11 �m OD 14: CL -PROP. SITE ENTRANCE CD U) ry --- — — — -- — — — — — — — — — — =7,y- --- =_z — __ = — — __ - LLJ _�j LLJ — — - — ---- - --- - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BOTANICAL - - - - -- - - - D z BOULEVARD U) 0 — - ---------------------------------------- ---------------- 0 LLj ME EXISTING - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - PROPOSED SIGNALIZED SURVEY: C. I.: SIGNALIZED - - - - - - - - - - - - - - - - LZ - - - - - - - - - - - - -- - - - - - - - - INTERSECTION Tax Map N/A INTERSECTION N ;-- -- Z7-- Z7-- = L;-- --®— :Z-- 7-; ZZ�-_ mm—_ — ----- — — ----- 4P 71— DRAWN BY: JOB NO.: APPRX. LOC. OF EXISTING ENTRANCE Ss 0612010 _SCALE: DATE: 1"=60.0' 7/01/08 _-Drawing:. ZONED.- 292 D(HIBIT 2 CLE a) 0 04 v-) 0 C14 - rui r - (n N L0 . CJ -C o (D Lb 0) 0 —C) Lu CC" A: > 11 L 41 a) a) . L) 0 E 10 U3 LL11 0 0 E zbi �m OD 14: CL -PROP. SITE ENTRANCE CD U) ry --- — — — -- — — — — — — — — — — =7,y- --- =_z — __ = — — __ - LLJ _�j LLJ — — - — ---- - --- - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BOTANICAL - - - - -- - - - D z BOULEVARD U) 0 — - ---------------------------------------- ---------------- 0 LLj ME EXISTING - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - PROPOSED SIGNALIZED SURVEY: C. I.: SIGNALIZED - - - - - - - - - - - - - - - - LZ - - - - - - - - - - - - -- - - - - - - - - INTERSECTION Tax Map N/A INTERSECTION N ;-- -- Z7-- Z7-- = L;-- --®— :Z-- 7-; ZZ�-_ mm—_ — ----- — — ----- 4P 71— DRAWN BY: JOB NO.: APPRX. LOC. OF EXISTING ENTRANCE Ss 0612010 _SCALE: DATE: 1"=60.0' 7/01/08 _-Drawing:. ZONED.- 292 D(HIBIT 2 IMPACT ANALYSIS STATEMENT Botanical Square — Route 50 West STEEP SLOPES The property is gently sloping from the northern side of the site in a southeasterly direction. There are no steep slopes on this site as defined by the Frederick County Zoning Ordinance. MATURE WOODLANDS There are no mature woodlands located on this site. Existing vegetation is of the type that is typically associated with residential development in rural areas. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Fred erick-PopIimento Loams: 14B (2-7%). These soils are part of the Frederick- Poplimento-Oaklet association which are gently sloping to very steep, very deep, well - drained soils formed in material weathered from limestone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications for the soils are: GM, GC, ML, CL, CH, and SC. B. SURROUNDING PROPERTIES The parcels to be rezoned are currently bordered to the south by the Rt. 50 west bound lanes. The parcels directly across the highway from the subject parcels are zoned B2 and RA. To the west is the Wal-Mart Supercenter shopping complex which is zoned B2. The subject parcels are bordered on the east by TM# 53- A-68 which is owned by the Winchester Medical Center. The adjoining parcel to the north is zoned RA and is used for residential purposes. Surrounding properties are shown on Exhibit 1. Tax Map No. Owner Ex. Zoning Ex. Use 52 -A -L FIRST BANK B2 Commercial 52 -A -M COMMONWEALTH GROUP WINCHESTER B2 Vacant 53-A-73 HUFFMAN PAGE F. & ELVA RA Residential 53-A-68 WINCHESTER MEDICAL CENTER INC B2 Vacant 5313-3-5 THE MARATHON BANK B2 Commercial 53-A-82 FUNKHOUSER DARLA POE RA Residential 53-A-81 FUNKHOUSER DARLA POE RA Vacant Access to the Huffman parcel is currently via Echo Lane. Echo Lane is a private access road which intersects Route 50. Access to the Huffman parcel will be maintained during and after the development of the site for the benefit of the parcel owners. Screening and buffering as required by the Frederick County Zoning Ordinance will be provided against the Huffman parcel. Interparcel access to the B2 land along the western property line will likely not occur due to the existing, severe elevation differences. page 5 IMPACT ANALYSIS STATEMENT Botanical Square — Route 50 West C. TRAFFIC A Traffic Impact Analysis is contained in Section 7. D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. F. DRAINAGE The site is generally sloping from the north to the south-southeast. Surface water crosses the site and collects along the west bound lane of Route 50 on the eastern portion of the site. It collects in the existing stormwater system along Route 50 and moves east along the Route 50 right-of-way, under Route 37, and eventually discharges to Abrams Creek. Any development on this site can be expected to increase storm water runoff. Storm water management facilities will be constructed as required as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. The storm water detention facility which was constructed on the Wal-Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50. The drainage system on the Valley Health property located to the east of the site was designed to intercept and channel stormwater flows across their property and under Route 50. Drainage patterns and topographic information is contained on Exhibit 3 on the following page. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located on Route 522 north of the site near its intersection with Indian Hollow Road approximately 2 miles north of the subject parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of solid waste per acre per day page 6 IMPACT ANALYSIS STATEMENT Botanical Square — Route 50 West that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $3,375 in tipping fees will be paid to dispose of 75 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. There are nine identified historic sites, one being a potentially significant site, shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. The potentially significant site is Walnut Grove. The remaining identified sites include Willow Grove, Jacob Baker House, Linden, the Old Hoover Place, Folk Victorian Farmhouse on Route 50, a Farmhouse on Route 50, the Baker Orchard House, and an unnamed identified site. The Old Hoover Place and the Folk Victorian Farmhouse have apparently been razed. The location and proximity to the subject parcel can be seen in Exhibit 4 on the following page. The subject property is not located in an area considered to be a historic Civil War battlefield region by the NPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been included following . Exhibit 4. Nevertheless, this general area was peripherally involved in at least the Second Battle of Winchester, if not other battles. To the southeast of the site is Bowers Hill and to the northeast is Fort Milroy. Early in the Second Battle, Bowers Hill was vacated by the Union General Milroy upon his decision to retreat into West Fort, Star Fort, and Fort Milroy. It was from the high view of Bowers Hill that the Confederate generals, including Ewell and Early, made their plans to attack the Union forces. The plan involved swinging infantry to the south of the subject property to a position west of Fort Milroy. The gently rolling land just north of the subject property provided the path for the Confederate forces to attack Fort Milroy. le COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Fire Company located on page 7 RADIUS FROM QENTER OF SITE 470 0 HILL CREST/ 346 Rt $03 1 MILE RADIUS FROM ' CENTER OF SITE 1381 WAL-MART SITE MARRI.TT7-11; gq Rt. -419 / s I WINCHESTER MEDICAL CENTER xz' 0 t -v HISTORICAL PROPERTY KEY Z< Lai"! 89 '1410 WILLOW GROVE W 90 — JACOB BAKER HOUSE "g, --i gd�- �-A.r 97 — UNNAMED IDENTIFIED SITE C) Z) 98 — WALNUT GROVE" —i f 346 LINDEN 5 Lp 467 OLD HOOVER PLACE(razed) m [L z 469 FOLK VICTORIAN FARMHOUSE razed) _j 'y 470 FARMHOUSE, ROUTE 50 z Of 0 1381 BAKER ORCHARD HOUSE C) NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT z SITE AS DENOTED BY THE RURAL LANDMARKS < Lli C) SURVEY REPORT OF FREDERICK COUNTY 0 M F— Ld 0 C) Ld LLI 0 LL - j 0 .1 E C r) o rr% CID C)) CY) C) ui Lf) 43 CD A9 C r' O0 0 LU 'z Lo > 1C) E U) ' 0 U Q) Ll- F n Lu 1 0 C: i -Z. LL- E Z Lu �o QI CITY OF VVII-404ESTEP 1, 11 0 ii IF [if W -j LLJ U) 0 uj SURVEY: C.L: [NA T NA DRAWN BY: JOB NO. JL SEM 0612010 1200 0 1200 SCALE: DATE: 1"=1200' 11/21/07 SHEET: Scale 1 1200 ft EXHIBIT 4 II CIVIL WAR SITES Civil War Battlgfields and Sites I i FrederkH County Planning s DeveLopnent llinchest er, Virgirva I (As Defined by the NPS Shenandoah Valley Civil War Sites Study) _— 12-10-97 IMPACT ANALYSIS 5 FATE MENT Botanical Square — Route 50 West Northwestern Grade in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. J. LOT CONSOLIDATION Exhibit 5 on the following page shows the total site proposed for rezoning in a consolidated form. Consolidation will eliminate interior lot lines. An access easement will be created to preserve access to the adjacent parcels. page 8 100' 0 100' Scale 1" = 100 ft I r r 5 601_ 'r ! / 7 X7.24' E d r / d i I O J 0 Q VOL - O � � m dN / r 1 - N 71 _48w 41 " W R 1255.00' 149.04' "` -� �� PIKE L-271.59' MiLLw® P PAIN i E— R- P.L.Q. —_—�_ 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662--5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email office@painterlewis.com BOTANICAL SQUARE FREDERICK COUNTY, VA LOT CONSOLIDATION EXHIBIT SCALE: DATE: EXHI9IT S 1"=100.0' 7/01/08 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be coinpleted by Planning Staff.• Ling Amendment Number Hearing Date Fee Amount. Paid $ /0, �}l (6 Date Received BOS Hearing Date _ r r The folloti-ving information .shall be provided by the applicant: All parcel identification, numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, 'Winchester. 1. Applicant: Name:omn-Dee'fgn rJukl � ric , Telephone: 6W d -`( C/'- Gf 7 Address: 0 8 2 Cjlyeri C1M4uniQli1 Roc�c[ N V, i5 v"R D-") 1. 0 2. Property Owner (if different than above) Name: lS- Telephone: Address: 3. Contact person.if other than above Name: \J Cahn U V\j i S Telephone: <��0 +(o too -] q �j 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees ✓ Deed to property ✓ Impact Analysis Statement _ ✓ Verification of taxes paid / Proffer Statement 10 S. The Code of Virginia allows its to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the laird to be rezoned: ucv u )yn Turn(t 0/-) 6. A) Current Use of the Property: /-"I e S 1 (jC1-2 h` ct l Coa)mI3) Proposed Use of the Property: C'raq-f 7. Adjoining Property: PARCEL ID NUMBER 5Z -A - L 5'2- - M A- '36- -� 53--A ^ 9! USE c'iyil�l`nf�� i va l r r� t lV VA CO 1'i CtIb6L I \,jaC1,,j n4- ZONING ME 8. .Location: The property is iocaied at give exact location based on Dearest roar, and uimd-110e from nearest intersection; using road names and route numbers): �oj�e 5o WcO of W i mac h eSi(f . CIDP rO ,), \/LI m I le LA -)CA ()f +�u R+ S ® f kA 31 nte-Ircviar ) 11 9. The following information should be provided according to the type of rezoning nronosed Single Faini.ly homes: Non -Residential Lots: Office: Retail. Restaurant: 10. ,Signature: Number of Units Prowsed To,mibome: Mobile Home - Multi -Family: Hotel Rooms: Souare Footage of Proposed Uses Service Station.: Manufacturing.: Warehouse: Other: 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 pLirposes. I (we) understand that the sign issued ivhen this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public Bearing and the Board of SLipervisors' public hearing and maintained so as to be visible flop.] tthc road rlaht-of way until the hearing. I (u e) hereby certify that this application and its accompanying materials are true and. accurate to the best of my (our) knowledge. Applicant(s): Date: Date: Date: j Date: 12 9. The following information should be provided according to the type of rezoning Proposed . Single Family homes: Non -Residential Lots: Nlunber of Units Proposed Townhome: Multi -family: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 10. ,Signature: I (we), the undersigned, do hereby respectfully snake 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 pluposes. 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 Cormnission 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. 000 Applicant(s): Date: -��w Date: Owner(s): - Date: d 1 Date: 12 Property Owner Contact Information TM#53-A-74: Ms. Carolyn Turner, 424 W. Ceicl Street, Winchester, VA 22601 540-247-1073 TM#53-A-75-TM#53-A-76-TM#53-A-77 Ms. Nancy Renner Johnson, 2054 Northwester Pike, Winchester, VA 22602 540-379-7430 Adjoining Property Owners Rezoning Name and Property Identification Number Address Name: First Bank 112 W. King Street Property # 52 -A -L Strasburg, VA 22657 Name: Commonwalthy Group - Winchester Partnership 500 Henley StreetSuite 200 Property # 52 -A -M Knoxville, TN 37902 Name: Huffman Page F. & Elva 194 Echo Lane Property # 53-A-74 Winchester, VA 22603 Name: Winchester Medical Center P.O. Box 1334 Property # 53-A-68 Winchester, VA 22604 Name: The Marathon Bank P.O. Box 189 Property # 53B-3-5 Dunbar, WV 25064 Name: Funkhouser, Darla Poe & Sharon S. 272 Hilda Drive Property # 53A-82 lClear Brook, VA 22634 14 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: ww.co.frederiek.va.us Department of PIanning & Development, Comity of Frederick, Virginia, 107 North Dent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Plione 540-665-5651 Know All Men By Those Present: That (We) (Name) Nah('y R ch 1'1 i✓ r ° R obcl'`E" (3• s-)C)f nSOIYPhone) 4D - 53q - 9 q 30 (Address) :;20 SLI N d rth w f'__si-c m RK--, K--. Win 1Y-5 tX, V A c;t D. Lo103 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (tis), by Gleed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. SY(o on Page 7 is' , and is described as -7 Parcel: Lot: -79 Block: s4 Section: �� Subdivision: do hereby make, constitute and appoint: (frame) Pei I tl tL Err 1'.x/1/ i :S F LC (Phone) SLO Ay 27 6' a (Address) I 1 � o r 0rce V C r od..e; sU Ife i --)0, Zvi 1160 Lsiclr 10 0 To act as my true and lawfiil 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: - —V— Rezoning (including proffers) _ Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive. Polley 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 shafl expire one year frorn 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,9 is day of �}_ (' j , 200 R . Signature(s) State of Virginia, City/ t3 of I,tirol c s1 —ev- , To-Nvit: I, aPf115L L, %hpmCCS a�%411c in in and for the jurisdiction aforesaid, certify that the person(s) who signed to the for �g�� .. r�N,� •sonally appeared before nae ai laas acknowledged the same before me in the jurisdiplionzfor rrp�tt dna � of . t 5i , 200 � PU C �� " i�t�-t1_@,._ • Ecrie res... �f . U51 Notary Public '..• I l!lSloN Revised 3/1708 r72 • t/ N "'�Fq1TH•OF .0- ,I1j1111111100 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: i"vvv.co.frederl&.N7a.n_s ........ _..... Department of Planning LC; Development, County of Frederick, Virginia, 107 North Dent Street, Suite 202 Winebester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That I (We (Name) ,���Uili urnc{' (Phone) S`Cya (Address) � � Li �i �i Elf C I h VA the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the (Aerie's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 932 on Page 1 '50 , and is described as Parcel: Lot: 74 Block: A Sectiow 33 Subdivision: do hereby make, constitute and appoint: (Name) P., ! +f'r- - Lle-;;1/ I s (Phone) 540 ' 37 (Address) ' or CreeV 6r(1de, Suite Q0, Win( -0e --SW To act as my true and lawful attorney-in-fact for and in any (our) name; place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers). _ Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive Polley Pian 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) C—jc"—. State of Virginia, City/<Z�fyj-Ac.j , To-%vit: I, G'fhiLt��7c36'' c—� C '►�'i er�S�S a Notaiy Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally ap )eared before me and has acknowledged the same before ine in the jurisdiction aforesaid this/1 day of , 2008 Notary Public C.«,kISTOPHER LEMONS Revised 3/17/08 Notary Public Commonwealth of Virginia 7054573 fmiy Commission Expiros Mar 31, 2010 REZONING APPLICATION 906-08 ROUTE 50 ASSISTED LIVING FACILITY Staff Report for the Planning Commission Prepared: September 17, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director STAFF UPDATE FOR 09/24/08 PLANNING COMMISSION MEETING: The Applicant previously provided the Planning Commission with a revised proffer statement dated August 18, 2008 irm-mediately prior to your 08/20/08 meeting. In this revision, the Applicant attempted to address several issues identified in the staff report and those items identified by Mr. Rod Williams during his legal review dated August 14, 2008. Following this Commission meeting, the Applicant further revised their proffer statement in an effort to address several issues identified by the Planning Commission. The date of this latest revision to the proffer statement is September 5, 2008. In summary, the changes to the substance of the proffer statement are as follows. The most significant modification to the Application and Proffer Statement is the inclusion of Parcel 53B-3-24 owned by United Bank into the application. The primary purpose to this addition is to provide for sufficient area to implement the proposed Ward Avenue access road to the facility as identified on the GDP. This change alone necessitates the additional Public Hearing requirement which has been duly advertised. Please recognize that the proffers for this rezoning have been crafted to apply to the 5' area to be adjusted into the Assisted Living Facility from the United Bank. The balance of this parcel to be retained by United Bank would not be subject to these proffers. The next significant modification is the clarification that the land use for this property shall be only for an assisted living care facility of up to 75,000 square feet. All other B2 uses shall not be permitted on this site. In addition, the Applicant has included an exhibit, Exhibit A, which would guide the architectural elevations of the buildings construction, and has broadened the potential use of the $25,000 transportation proffer to the general vicinity of the project rather than direct it to a specific improvement. In addition to those concerns previously identified in the staff report, several concerns remain regarding the proffer statement's triggers including the timing of the above $25,000 transportation contribution, the timing of the site improvements, and the sunset clause for the dedication of right of way to the rear of the property for the Round Hill Road extension. The importance of this future road connection, dedication of the necessary right of way, and potential construction should continue to be stressed. The proposed entrance onto Route 50 has been modified but has not been removed at this time. Rezoning #06-08 — Route 50 Assisted Living Facility September 17, 2008 Page 2 STAFF CONCLUSIONS FOR 09/24/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Round Hill Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated to ensure that they frilly address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention'should be paid to the proposed Route 50 entrance to the facility, impacts to Ward Avenue, and how the application addresses the comprehensively planned road to the rear of the property. In addition, concerns remain regarding the Proffer Statement and the triggers and mechanisms for the Proffers. Rezoning #06-08 — Route 50 Assisted Living Facility September 17, 2008 Page 3 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: 08/20/08 Tabled 45 days 09/17/08 Pending Board of Supervisors: 09/24/08 Pending PROPOSAL: To rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The properties are located south of Route 50, east of the intersection of Ward Avenue and Route 50. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 53-A-81, 53-A-82, 53B-3-24, and 53B-3-25 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) B2 (Business General) South: RA (Rural Areas) East: RA (Rural Areas) B2 (Business General) West: RA (Rural Areas) Use: Residential Commercial Use: Candy Hill Campground Use: Residential/vacant Bank Use: Residential PROPOSED USES: Up to 75,000 square feet of Assisted Living Care Facility Use. Fr,,we all the Rezoning #06-08 — Route 50 Assisted Living Facility September 17, 2008 Page 4 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied with the transportation proffers offered, no proffers were offered addressing transportation. Before development, this office will require a complete set of construction plans 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. This permit is issued by this office and requires an inspection fee and surety bond coverage. Please see additional comments provided by Mr. JUatthew Smith, VDOT dated August 26, 2008. Fire Marshall: Plan approval recommended. Department of Inspections: No Comment. Department of Public Works: 1. Refer to the Impact Analysis under suitability of the site: The discussion of the bedrock should be expanded to address the potential for sinkhole development within the limestone which underlies the entire site. 2. Refer to the Impact Analysis under drainage: Indicate if there are sufficient off-site drainage channels and/or culverts to accommodate the storm flows derived from the proposed stormwater management facility. Also, indicate if the proposed stormwater pond will be designed as a BMP facility to attenuate storm flows and maximize nutrient removal. 3. Refer to Impact Analysis under Solid Waste Disposal Facilities: Expand the narrative to include an estimate of the yearly solid waste in tons produced by the proposed development. 4. Refer to Impact Analysis under Impact on Community Facilities: Explain the reference to the impact on the City of Winchester when Frederick County provides all the services required by the proposed development. 5. Refer to the Wetland Assessment prepared by ECS: This assessment indicates a topographic high of 825 MSL with approximately 20 feet of total relief. This observation is in conflict with the plan of the existing natural conditions prepared by Bowman Consulting which indicates a topographic high of 834.6 with approximately 35 feet of relief. This conflict needs to be corrected. 6. Refer to the MDP, sheet 2 of 3: Delineate any karst features which could impact the site development. 7. Refer to the MDP, sheet 2 of 3: Indicate the locations of any existing wells and/or drainfields which will need to be properly abandoned to accommodate development. These features currently exist on the property identified as Map I.D.: 53B-3-25. 8. Refer to the MDP, sheet 3 of 3: Any site development should be designed to ensure that storm runoff is diverted to the proposed stormwater management/BMP facility and away from the single family residences fronting on Ward Avenue. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: There should be sufficient sewer and water capacity to serve this project. Department of Parks & Recreation: No comment. Rezoning 406-08 — Route 50 Assisted Living Facility September 17, 2008 Page 5 Health Department: Unless the proposal has changed since the attached Health Department cormnents dated 2/21/08 were sent to the owner, those comments are still valid. 2/21/08 —The Health Department has no objections. According to the "Sewer & Water Exhibit: public water and sewer are to be provided. Permits from this office will be required for food preparation facilities. Winchester Regional Airport: We have reviewed the proposed rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces, therefore, special conditional will not be requested. Frederick County Public Schools: We offer no comments. 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 properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Attorney Comments: Please see letter dated August 14, 2008 from Mr. Rod Williams. Planning Department: Please see attached memorandum. Plannine & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policv 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] Rezoning 406-08 — Route 50 Assisted Living Facility September 17, 2008 Page 6 Land Use The property is located in the area covered by the Round Hill Land Use Plan which was most recently updated on November 11, 2007. The property is within the SWSA and is designated as an area of commercial land use. The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill Community along Route 50. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Examples consistently used in the current development in the corridor have included brick construction and in several cases, standing seam metal green roofs. Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable landscaped area that promotes the corridor appearance goals of the Comprehensive Plan. Recently rezoned projects in several corridors have consistently applied this approach. This property is located in an area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are sensitively addressed. A tailored approach to the buffering and screening of these properties may be warranted. Transportation This application must address the transportation components of the Round Hill Land Use Plan. The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency. The Round Hill Land Use Plan identifies a local collector street connecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road. The associated proffer language with this road provides minimal assistance in providing this important road connection. More detail needs to be provided regarding Ward Avenue, its associated right-of-way, and the ability to modify and expand upon, or dedicate the right-of-way to provide for an acceptable access to and from the site. Ward Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving Ward Avenue to a public street standard that meets all current standards. Rezoning #06-08 — Route 50 Assisted Living Facility September 17, 2008 Page 7 In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. The Comprehensive Policy Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does notprovide that Level of Service (LOS Q. In addition, this application fails to accurately model a level of service consistent with the Comprehensive Policy Plan. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via . Ward Avenue and a secondary limited access point is proposed to be provided from Route 50 (Northwestern Pike) via a right -in right -out only entrance. A third access point would be permitted to the rear of this property in the future. Please recognize that the proposed access onto Ward Avenue is very constrained. Theparcel acquired by the applicant is 50' in width and may not sufficiently accommodate a full two way access road that meets the necessary setbacks from the adjacent property line to the north and respects the required buffer to the south. The applicant is proposing to locate the access driveway within the active portion of the required buffer. This should be clarified in the application prior to the Commission's recommendation. In addition, the entrance on to Route 50 should be carefully evaluated. As noted previously, additional entrances along such a significant transportation corridor should be avoided. The design of the site is specifically illustrated on the Generalized Development Plan for this project. The GDP provides a degree of certainty as to how the site is proposed to be developed. 3) 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 parcel which are identified in this application. Two reports prepared by ECS Mid -Atlantic, LLC were performed in conjunction with this application, a wetlands study and a preliminary geotechnical evaluation. Please see the letters dated October 26, 2007 and January 29, 2008 respectively which further describe the reports. 4) Potential Impacts When considering this request, it should be recognized that the approach taken in this application seeks to minimize the use in an effort to minimize the impacts that need to be addressed in the application. It may be more desirable to take a greater advantage of the location of this property and enable a more intensive use of the property than that which is proffered. It would appear as though there is ample space to enable additional compatible land uses on the property in the future. Such additional uses may include day care facilities and medical and professional office uses. Rezoning #06-08 — Route 50 Assisted Living Facility September 17, 2008 Page 8 The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. This Applicant has chosen an approach that is not desirable. They have stated that they intend to develop the property with up to 75,000 SF of assisted living care facility use and that all other B2 uses shall be permitted on the property. In essence, that this is a rezoning request that would permit alt B2 uses with no development limitations; subject only to future TIA's with no guarantees as to how future impacts may be addressed. To reiterate, this approach is not acceptable. A. Transportation Traffic Impact Analysis. The TIA prepared for this application was based upon the development of an eighty-four bed assisted living facility. Primary access to the development was modeled from Ward Avenue and a secondary limited access point from Route 50 (Northwestern Pike). The Applicant evaluated the intersection of Ward Avenue and Route 50 and the intersection of Echo Lane and Route 50. As the Commission is aware, the Comprehensive Policy Plan seeks to ensure that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. An acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and conclusions are based upon a level of service D or better. This is not acceptable. Therefore, the conclusions of the TIA are not acceptable. This application has not accurately measured the transportation impacts associated with the request. Transportation Program. It is anticipated that additional right-of-way and improvements may be necessary along Route 50 and Ward Avenue. A mechanism should be considered which would enable any right-of- way necessary for the planned improvements to be dedicated to the County or VDOT. Future right-of-way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. Access management of Route 50 is a significant consideration. An additional entrance onto Route 50 should be avoided. The function of the existing signal at Route 50 and Ward Avenue should continue to be enhanced. It does appear as though additional improvements are being proposed on the GDP along the properties frontage with Route 50. These improvements should be clarified and specifically incorporated into the language of the Proffer Statement. 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 has been considered with this request. Rezoning #06-08 — Route 50 Assisted Living Facility September 17, 2008 Page 9 The applicant has proffered $25,000 towards such improvements. However, a sunset clause of $years has been added to the Proffer as has a restriction on the distancefrom theproperty (5009 the funding could be used. The result of these two restrictions may invalidate the proffer. The application has not provided for any right -of way dedication along Ward Avenue or Route 50. Ward Avenue is identified as a 40' right-of-way. The minimum right of way needs of VDOT should be recognized, in addition to any additional right of way necessary to implement access to and from the site. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Ward Avenue, to the Route 50 frontage, and along the Route 50 frontage. This has been addressed but should be specifically incorporated into the proffer language. The application identifies a local collector street connecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road. The associated proffer language with this road provides minimal assistance in providing this important road connection. In addition, the reservation language and sunset clause of five years is once again insufficient to address the importance of this future connection identified in the Comprehensive Plan. The entrances identified on the GDP should be addressed at this time and the future construction should be consistent with the GDP. The Applicant has written additional flexibility into Proffer 2.1 which may provide additional flexibility. B. Design Standards The application provides for the addition of an enhanced landscaping buffer area along the properties frontage with Route 50. In addition, the application includes minimal architectural language, loosely written in an attempt to address the corridor appearance design elements of the Comprehensive Plan. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application,' however, is not a typical revenue generating commercial land use (please refer to a previous comment about the intensity of the land use at such a key location). This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County for Fire and Rescue purposes. Rezoning #06-08 Route 50 Assisted Living Facility September 17, 2008 Page 10 5) vl offer Ctatement — Dated February 22, 2008; revised June 24, 2008. A) Generalized Development Plan The applicant has proffered a Generalized Development Plan (GDP dated January 2008 and revised through June 24, 2008) for the site. The GDP is very specific which may cause conflicts with existing requirements and engineering and site development issues during the development of this project. Staff does recognize that this is more detailed than that initially provided, as requested; however, with this request it should be simplified. Staff would suggest removing the utility lines and parking lot striping and handicap details. It is not clear how the enhanced buffer details are different from those required by Ordinance. The Applicant should clarify this item. In addition, the applicant should address the Ward Avenue entrance on the GDP. The GDP shows a right -in right -out only entrance on Route 50 and a full entrance on Ward Avenue. The location of three potential locations for possible inter parcel connections is also shown on the GDP. B) Land Use The Applicant has stated that they intend to develop the property with up to 75,000 SF of assisted living care facility use and that all other B2 uses shall be permitted on the properly. In essence, that this is a rezoning request that would permit all B2 uses with no development limitations; subject only to future TIA's with no guarantees as to how future impacts may be addressed. To reiterate, this approach is not acceptable. The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. This Applicant has chosen an approach opposite to that required and opposite to best practices, an approach that does not provide the County with the appropriate measure of control and security to make sure the impacts associated with the request can be adequately addressed. The applicant has proffered a 100' enhanced landscaped road efficiency buffer along the Route 50 frontage which will include mixed ornamental plantings generally consistent with the exhibit included with the GDP. C) Transportation The applicant hay' proffered to limit site entrances to two as shown on the GDP. Direct access from Route 50 shall be limited to a right in only entrance. A third entrance to the rear would be permitted in the future. The Applicant has a commitment to reserve up to 25' along the southern boundary for possible right of way dedication for the extension of existing Round Hill Road by others. To reiterate, this element should be addressed to a greater extent. In addition, the sunset clause in this and other proffers should be removed. Rezoning 40608 — Route 50 Assisted Living Facility September 17, 2008 Page 11 Interparcel connection opportunities have been identified. The Applicant has proffered a $25,000 contribution for future road improvements to Route 50, Ward Avenue, or the extension of Round Hill Road within 500' of the property. Please note the concerns previously identified with distance condition and the sunset clause. D) Community Facilities The applicant has proffered a monetary contribution in the amount of $2,000 to Frederick County for Fire and Rescue purposes. No additional contributions have been made to address the other community facility impacts recognized by the County's development Impact Model (DIM). An overall concern with this request is the approach the applicant has taken to the administrative triggers and mechanisms for the Proffers that are aimed at mitigating the potential impacts associated with this request. The approach is undesirable. The approach proposed by theApplicant is complicated and more confusing than it needs to be. It is the County's desire to ensure that the proffer language is clear and concise. Further, that the proffers actually address the impacts generated by the specific request. STAFF CONCLUSIONS FOR 08/20/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Round Hill Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention should be paid to the proposed entrances to the facility, impacts to Ward Avenue, and how the application addresses the comprehensively planned road to the rear of the property. In addition, significant concerns have been raised regarding the details of the Proffer Statement and the triggers and mechanisms for the Proffers, the conclusions of the TIA, and the important fact that not all B2 land uses and there potential impacts have been evaluated. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #06-08 — Route 50 Assisted Living Facility September 17, 2008 Page 12 PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/20/08 MEETING: The staff and Commission recognized the applicant had just recently submitted a revised proffer statement, dated August 18, 2008, which did not arrive timely enough to be placed in the Commission's agenda or reviewed by the staff or the public. Staff announced that the Commission's Bylaws stipulate that if information is not received within 21 days prior to the meeting, the Commission may table the request for 45 days. Commissioners commented that the revised proffer statement significantly changed the application. Two citizens spoke during the public comment portion of the hearing. The first citizen, Mr. Gregory Bishop, commented about the shared easements and right-of-way and that Mrs. Smith's access was blocked by a gate. Mr. Bishop spoke in favor of the Round Hill/ Ward Avenue connection. He also had questions about public sewer lines, reminding the Commission that individuals in the community were waiting for public sewage capability. The second citizen, Mrs. Patricia Smith, had the right-of-way on Echo Lane through the applicant's property. Mrs. Smith said that no one has spoken with her about this proposal and she was not notified in writing about the meeting. She wanted to know how she and the other neighbors along Stonewall Drive would be affected. The applicant and his legal counsel were available to describe the project and the revised proffers and information. Commissioners questioned the applicant on why he continued to pursue an entrance onto Route 50. Commission members suggested the applicant be prepared to address the comments raised about the shared access agreement on Route 50, a possible tie-in to Stonewall Drive, and the 50 -foot requirement across the main entrance on Ward Avenue before coming back before the Commission. In accordance with the Commission's Bylaws regarding submission of revised proffers, members of the Commission unanimously voted to table the rezoning for 45 days in order to provide sufficient time for review of the revised proffers by the Commission, the staff, and the public. Mike Rudd From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E.[Matthew.Smith@vdot.virgin ia.gov] Sent: Wednesday, August 20, 2008 9:09 AM To: Michael Pointer Cc: tiawson@lsplc.com; mruddy@co.frederick.va.us; John Bishop; Copp, Jerry; Short, Terry; Hoffman, Gregory; Smith, Matthew, P.E. Subject: Route 50 Assisted Living Facility - VDOT Comments to Rezoning A VDOT review has been conducted on the revised rezoning application with the latest proffers dated August 18, 2008 for the Route 50 Assisted Living Facility. We have the following comments: In regards to the right in/right out entrance on Route 50 as shown on the Generalized Development Plan (GDP); we have concerns that the right out turn movement may create potential weaving problems at the intersection for drivers exiting the entrance and then entering the left turn lane. We question the need for the right out at this secondary entrance and would prefer it be limited to a right in only entrance as was done for the adjacent bank parcel. • Proffer 3.3 - Whatever monetary transportation contribution that is agreed upon should not be limited to a specific improvement, but rather be able to be used for transportation improvements in the general area of the development at the County's discretion. VDOT also has concerns with limiting the funding to only 5 years from the date of the zoning approval. • The primary entrance off Ward Avenue needs to continue the existing 3 lane curb and gutter section established in front of the United Bank to the southern property line of the Assisted Living Facility. Additional right-of-way dedication needs to be provided to accommodate all roadway improvements. The 50.50' lot frontage width forces the commercial entrance off the right-of-way and onto parcel 53B-3-24. Additional right-of-way, agreements, and easement will need to be obtained from parcel 53B-3-24 to allow proposed improvements as shown on the GDP. • Traffic signals along this stretch of Route 50 are coordinated to work together. The TIA's recommendation of adjusting the signal timings and cycle length at the Route 50/Ward Avenue Intersection may have negative impacts on the overall function of the signals along this corridor. Before development, this office will require a complete set of construction plans detailing entrance designs and drainage features 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 1 and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Matthew B. Smith, P.E. Residency Staff Engineer VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 MEMORANDUM TO: Michael T. Ruddy, AICP Deputy Planning Director FROM: Roderick B. Williams Vp, / County Attorney DIN DATE: August 14, 2008 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us RE: HHHunt Route 50 Assisted Living Facility — Proffer Statement I have reviewed the above -referenced Proffer Statement, dated June 24, 2008, and received by me on August 7, 2008. It is my opinion that the Proffer Statement is generally 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: Second paragraph To avoid any potential ambiguities, the language at the beginning would better read, "Any improvements or other requirements proffered herein ..." and the word "proffered" should appear before "improvement" in the second line. Also, the reference to the GDP is unclear. I have only the single sheet entitled "Generalized Development Plan HHHunt Corporation Route 50 Assisted Living Facility," dated January 2008, and prepared by Bowman Consulting, and it does not include any other documents or bear any indicia of being "revised through June 24, 2008." Proffer 1.1— The provision regarding the conditions under which other B2 uses would be allowed may be of limited effect in restricting other B2 uses, as the provision does not indicate who makes the determination of what constitute "reasonable recommendations" nor does it indicate any standards for malting that determination. In addition, the recommendations would be made solely by a consultant of the Applicant's choosing. Proffer 1.2 — The reference to the earlier of one year from zoning approval or issuance of a certificate of occupancy, concerning construction of the specified improvements, is likely 107 North Kent Street • Winchester, Virginia 22601 Michael T. Ruddy, AICP August 14, 2008 Page 2 meaningless, seeing as how it appears that no structure contemplated by the rezoning application could lawfully be occupied in compliance with County zoning until the rezoning is approved. The period should be based only from zoning approval. Also, for clarity in the last sentence, regarding other road connections, "adjacent (or future) roads" would better read "future adjacent roads." Finally, the word "potential' makes it unclear whether the Applicant is actually committing to construct the connections to future adjacent roads. Proffer 2.2 --- The proffer does not state any minimum percentages of each surface (brick and siding) that would be required in the elevations. The proffer also indicates that the appearance of the facility will be "as depicted in exhibits provided." No exhibits have been provided to me, nor have any exhibits been stated to be incorporated as part of the proffer statement, as they would need to be in order to have any binding effect as a proffer. Proffer 3.1 — The qualifier "possible" before "right-of-way dedication" makes it unclear whether the Applicant is actually committing to make the dedication, even if the Round Hill Road extension is "installed" within the five-year period. The term "installed" is also in need of further definition, so that the proffer is clear as to what constitutes occurrence of the condition precedent within the stated five-year period. Generally, as well, the County may wish to consider the limitations to it of the five-year period. Proffer 3.3 -- The proffer is unclear as to what future development of the site the referenced revised TIA would be submitted for. The proffer is also unclear as to how concerns raised in that revised TIA would be addressed. Proffer 3.4 — The proffer for a contribution to road improvements, within 500 feet of the property, to Route 50, Ward Avenue, or the Round Hill Road extension, says that it is conditioned upon such improvements being completed within five years of the zoning approval, but then says that payment "shall be made" upon Applicant's receipt of a notice of commencement of the improvements. The proffer needs to clarify which time frame determines the obligation. Generally, as well, the County may wish to consider the limitations to it of the five-year period. The Proffer Statement will require a signature by the Applicant that indicates the capacity in which the signatory for the Applicant is acting (e.g., title) and, as well, the Proffer Statement will need to be signed by both of the individual owners (Darla Poe Funkhouser and Sharon S. Poe) of Parcels 53-A-81 and Parcels 53-A-81. In addition the application materials need to include copies of any powers of attorney that have been used and the power of attorney for PHTH Properties, LLC will need to indicate the capacity in which the signatory executing same for that entity is acting. Finally, staff will want to make sure the signatures on the Rezoning Michael T. Ruddy, AICP August 14, 2008 Page 3 Application form satisfy the same requirements as indicated here for the signatures on the Proffer Statement. 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. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 ]FAX: 5401665-6395 BOWMAN CONSULTING TO: Chris Oldham MAY 2 2 2008 FROM: Michael T. Ruddy, AICP RECIENED Deputy Directo RE: Rezoning Continents — HHHunt Assisted Living Facility, Route 50 West DATE: May 20, 2008 The following points are offered regarding the HHHunt Assisted Living Facility, Route 50 West Commercial Rezoning application. This is a request to .rezone 10.24 acres from RA to B2. 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. HHHunt Assisted Living Facility. Route 50 West. Commercial Rezoning — Initial Rezoning Comments. General. NIf A + :1 o ii +- 1.,- �c,r� ..r. r1: ti,r� ��Tur A�rn. iT it ��.rytp i t_ � r r7 iviGrc uvW ti n. e,�s :v �� Nra :':�...� ...gardfin d s . e.ue, s associated righ o �� a� , and the ability to modify and expand upon, or dedicate the right-of-way to provide for an acceptable access to and fiom the site. Ward Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving Ward Avenue to a public street standard that meets all current standards. Please ensure that all review agency comments are (ally addressed. Land Use. The property is located in the area covered by the Round Hill Land Use Plan. The property is within the SWSA and is designated as an area of commercial land use. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 i HHHunt Assisted Living Facility, Route 50 West Commercial Rezoning — Initial Rezoning Comments May 20, 2008 Page 2 Address the corridor appearance elements of the Round Hill Land Use Plan. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. This element is specifically addressed in the flan. Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable landscaped area that promotes the corridor appearance goals of the Comprehensive PIan. Recently rezoned projects in several corridors have consistently applied this approach. 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 Round Hill area. Ideally, you would guarantee this would be how the site would develop by incorporating into the proffer statement. Examples consistently used in the current development in the corridor have included brick construction and in several cases, standing seam metal green roofs. This property is located in an area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are sensitively addressed. A tailored approach to the buffering and screening of these properties may be warranted. The current Ordinance requirements should be removed fiom the GDP; rather, the GDP should be used to depict additional or unique additions to the buffer and screening. Impact Analysis. The approach taken in the application seeks to minimize the use in an effort to minimize the impacts that need to be addressed in the application. It may be more desirable to take a greater advantage of the location of this property and enable a more intensive use of the property than that which is proffered. It would appear as though there is ample space to enable additional compatible land uses on the property in the future. Such additional uses may include day care facilities and medical and professional office uses. The impact to solid waste and the Frederick County Landfill should be calculated based on standard figures per unit. This should be endorsed by the Frederick County Engineer. Please confirm how the proffered commitment of a 100,000 square foot facility compares with the 84 beds evaluated in the Impact Analysis and TIA. The Development Impact Model recognizes impacts to Conununity facilities and services. Please adjust your Impact Analysis accordingly. HHHunt Assisted Living Facility, Route 50 West Commercial Rezoning — Initial Rezoning Conunents May 20, 2008 Page 3 Transportation. This application must address the transportation components of the Round Hill Land Use Plan. In particular, the local collector street identified as comiecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road. It is anticipated that additional right-of-way and improvements may be necessary along Route 50 and Ward Avenue. A mechanism should be considered which would enable any right-of-way necessary for the plarmed improvements to be dedicated to the County or VDOT. Future right-of-way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. Access management of Route 50 is a significant consideration. An additional entrance onto Route 50 should be avoided. The function of the existing signal at Route 50 and Ward Avenue should continue to be enhanced. 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. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It appears as though your TIA evaluations and conclusions are based upon a level of service D or better. This is not acceptable. Therefore, the conclusions of the TIA are not acceptable. Any and all of the improvements identified in the TIA (once corrected to provide for a level of service C or better) and the proffer statement should be in place in a timely manner. Inter -parcel circulation and access should be a greater consideration. 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 the west. The location of Stonewall Drive provides an opportunity for an additional point of connectivity, even if this is solely for emergency purposes only. Pedestrian accommodations should be provided in a coordinated mariner internal to the project, to and along Ward Avenue, to the Route 50 frontage, and along the Route 50 frontage. This should be addressed at this time. HHHunt Assisted Living Facility, Route 50 West Cormnercial Rezoning — Initial Rezoning Comments May 20, 2008 Page 4 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 specificity on important elements such as the access, pedestrian accommodations, building and site design, tree and environmental preservation, and tailored buffering and landscaping. 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 1.3 appears to be unnecessary. It may be more desirable and ultimately more efficient and profitable to allow for a more intensive use of the property. Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. Proffer 2.1 should be evaluated to reflect the desire not to have an entrance on Route 50 in close proximity to the signalized intersection. Proffers 3 and 5 appear to be unnecessary. They would be required in order to develop the site. The proffer statement must be signed by the owner/owners of the property. In summary, this proffer statement simply provides for a 100,000 square foot Assisted Living Facility and a monetary contribution of $2,000.00 for fire and rescue purposes. I would offer that this is inadequate to address the impacts associated with this request, the unique characteristics of the site's location, and the Comprehensive Plan and the Round Hill Land Use Plan. Other. I would suggest an evaluation of the existing mature specimen 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. MTR/bad Mr. Michael T. Ruddy, AICP Deputy Planning Director County of Frederick Department of Planning & Development 107 North Kent Street Winchester, VA 22601 RE: Route 50 Assisted Living Facility Rezoning Application #06-08 BCG Project #51.32-01-003 Dear Mr. Ruddy: Is 2008 This correspondence is in follow-up to the Planning Commission public hearing for the subject rezoning application held on August 20, 2008. In particular, I am writing to share the progress made to date in resolving the issues raised during the public hearing by staff, neighboring property owners, and members of the Commission. The key issues that required attention and our response to each are as follows: (1) Prim site entrance on Ward Avenue — As originally proposed, the travelway of the primary entrance on Ward Avenue did not meet the setback of.five (5) feet required from the boundary of the adjoining United (Marathon) Bank parcel (PIN 53B-3-24). Given the constrained width of the area traversed by the travelway, it is necessary to obtain additional acreage from the United Bank parcel through a boundary line adjustment (BLA) plat. As you are aware, this RA -zoned parcel is also narrow in width, and is controlled by United Bank exclusively as a buffer for the existing bank facility. The need for the additional acreage for the travelway setback has been discussed with Mr. Don Unger, President of United Bank, who has agreed to include the parcel with this rezoning application to enable the necessary BLA. The rezoning application and all associated exhibits have been amended to include this additional parcel. Assuming rezoning approval, the BLA will be completed to add the requisite five (5) feet to the HHHunt property for the setback, and the balance will remain in the ownership of United Bank for continued use in support of the existing bank facility. Right of way will be dedicated along the Ward Avenue frontage of the United Bank parcel consistent with what is proposed by HHHunt, and is shown on the revised GDP accordingly. All other easements needed across the United Bank parcel for utility connections and grading have also been discussed and are agreeable to United Bank. (2) Right_in/right out entrance on Route 50 — The necessity of the proposed right in/right out entrance on Route 50 was discussed at length during the public hearing. It was explained that Allegheny Power holds an ingress/egress easement across the property to enable direct access fi,om Route 50 to the sub -station located on an adjoining parcel, and two adjoining property owners also have access rights across the site. Due to the existence of these easements, HHHunt was deemed to have a legal obligation to maintain direct access to and from Route 50 for both Allegheny Power and the adjoining owners. Bowman Consulting Group, Ltd. 124 East Cork Street s Winchester,VA 22601 Phone: 540.722.2343 9 Fax: 540.722.5080 * www.bowmanconsulting.com Mr. Michael T. Ruddy, AICP September 5, 2008 Page 2 of 3 A meeting was held to discuss the proposed development program with adjoining property owners and Allegheny Power representatives on September 4, 2008, during which the topic of the access easements was discussed. The adjoining property owners agreed to terminate their easement rights, as primary access to their respective properties occurred via Stonewall Drive and Ward Avenue. However, the representatives of Allegheny Power stated that the easement and its direct link to Route 50 are essential to sub -station maintenance, and must therefore be preserved as components of the proposed assisted living facility. Indeed, the nature of the equipment and vehicles involved in routine sub -station maintenance, as well as the access requirements for urgent responses to power outages, were primary reasons offered by Allegheny Power for preservation of the existing access arrangement. Bottom line, while Allegheny Power is willing to allow adjustment of the easement and its improvement to accommodate the proposed development of the property, it will not relinquish the right to unimpeded access to the sub -station across the site from Route 50. To accommodate Allegheny Power's access rights, the proposed right in/right out entrance on Route 50 remains on the proffered GDP. The legal necessity to provide this entrance is an admittedly beneficial obligation for 1-IHHunt, as the right in/right out entrance is certainly desired as a secondary access for the facility. While it is acknowledged that adopted policy discourages direct access to Route 50, the proposed right in/right out entrance arguably constitutes a reasonable exception, particularly given the unique easement situation. Moreover, the provision of primary access via Ward Avenue coupled with the low traffic generation associated with the proposed use suggest that the right in/right out entrance will have a negligible impact on actual traffic conditions. Since the public hearing, the on-going engineering design process has resulted in modification to the location of the right in/right out entrance. Specifically, the entrance has been shifted east to avoid substantial Allegheny Power infrastructure consisting of both underground and overhead power lines, as well as related equipment (i.e. transformer boxes). The shift of the entrance will also preclude the need to secure off-site easements from adjoining property owners. These design changes have been submitted to VDOT along with responses to their review comments dated August 26, 2008 (originally received by e- mail August 20, 2008). A copy of the revised proffer statement and GDP have also been included with the resubmission to VDOT. (3) Communication with adjoining property owners — The public hearing revealed the need to hold additional discussions with adjoining property owners. The first step in this process involved meeting with Ms. Patricia Smith to address access concerns. A meeting was held with Ms. Smith on her property, and Bowman Consulting staff proceeded to field locate her property corners to improve mutual understanding of easement locations (power and access) relative to her parcel. It is noted that Ms. Smith currently has frontage and driveway access on Stonewall Drive. The twenty (20) foot right-of-way granted to Ms. Smith across the subject property followed establishment of the Allegheny Power easement(s), and it was clarified that Mrs. Smith does not rely on said right-of-way for access. As noted above, a meeting was held with adjoining property owners and Allegheny Power representatives on September 4, 2008. Meeting participants included Mr. Ralph Poe, Ms. Darla Poe Funkhouser, Ms. Smith, Ms. Nancy Johnson, and Mr. Lee Ruffner and Ms. Patti Sowers representing Allegheny Power. As a result of this meeting, Ms. Smith has agreed to vacate the right of way she possesses across the subject property, and will maintain direct aceess to her property via Stonewall Drive. Mr. Poe and Ms. Funkhouser also agreed that access to their surrounding property via the subject property was unnecessary, with Ward Avenue providing suitable alternative access. Allegheny Power will allow its access easement to be integrated with development of the site, but requires that direct access to Route 50 be maintained. Moreover, it will be necessary for HY-IHunt to Mr. Michael T. Ruddy, AICP September 5, 2008 Page 3 of 3 construct the travelways within the easement using heavy duty pavement to support Allegheny Power vehicles and associated loads. A modified ingress/egress easement plat maintaining right in/right out access from Route 50 has been submitted to Allegheny Power for consideration, the approval and recordation of which is anticipated at the time of site plan approval. (4) Other proffer -related items — The proffer statement has been revised to address comments received from VDOT as well as those received from the County Attorney's office. Revisions were also made to reflect Planning Commission input from the public hearing. The notable content changes include the following: Permitted Uses: The use of the subject property will be limited exclusively to an assisted living facility. All other B2 uses are prohibited on the site. Monetary Contribution for Transportation: The restriction on use of the $25,000.00 contribution as well as the five (5) year sunset clause have been eliminated from the proffer. As revised, the $25,000.00 contribution may be used for any transportation improvement deemed appropriate by VDOT and Frederick County. Monetary Contribution for Fire and Rescue Services: The monetary contribution for fire and rescue services has been increased to $10,000.00. It is noted that the proposed rezoning is for a commercial use that will result in a positive fiscal impact to Frederick County. Moreover, the unique operational requirements of an assisted living facility include on-site medical care, which will arguably lessen impacts on local fire and rescue companies. However, it is acknowledged that the CIP includes construction of a new facility for Round Hill Fire and Rescue Company, and the proposed contribution is offered by HMunt to facilitate realization of this important community improvement. On behalf of HHHunt and the entire project team, I would like to thank you for your continued assistance with this proposal, and request that the attached amended rezoning application be included on the agenda of the October 1, 2008 Planning Commission meeting for further consideration. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, BOW N CON TING GROUP Michael P. Pointer, A LA Principal Attachments cc: Mr. Bo Cook, Jr. — HHHunt Mr. Thomas M. Lawson — Lawson & Silek P:\5132 - Route 50 Assisted Living\5132-01-003 (PLN)\Admin\Correspondence\Sent\September 5, 2008 to Michael Ruddy - Rezone.doc September 5, 2008 Mr. Matthew B. Smith, PE VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 RE: Rte. 50 Assisted Living Facility Rezoning Application 906-08 BCG Project # 5132-01-003 Dear Mr. Smith: We have received your comments dated August 26, 2008 and we offer the following in response. "In regards to the right in/right out entrance on Route 50 as shown on the Generalized Development Plan (GDP); we have concerns that the right out turn movement may create potential weaving problems at the intersection for drivers exiting the entrance and then entering the left turn lane. We question the need for the right out at this secondary entrance and would prefer it be limited to a right in only entrance as was done for the adjacent bankparcel. " Response: We acknowledge VDOT's concern with right out movements and potential weave problems at our secondary access to the Assisted Living Facility; however this property is encumbered with an ingress/egress easement for Allegheny Power access to and from their existing power sub -station on the property south of the subject property. We have met with representatives of Allegheny Power and their position is that they will accept a revised entrance from Route 50 as proposed along with a revised ingress/egress easement alignment, but only if it still provides direct access to and from Rte. 50 as currently possessed. The need for such access is due to the nature of the equipment that is occasionally brought to and from the sub -station, and access requirements for urgent responses to power outages. With that said, since you last reviewed this application we have shifted the proposed right-in/right-out slightly east to avoid utility conflicts and the need for off-site easements to our west. Additionally, we have consulted with our traffic engineers and offer the attached weave analysis to support our position that the relatively low traffic volumes associated with this use should not present a problem. All Assisted Living Facility traffic will be directed to the proposed primary access to and from Ward Avenue. "Proffer 3.3 - Whatever monetary transportation contribution that is agreed upon should not be limited to a specific improvement, but rather be able to be used for transportation improvements in the general area of the development at the County's discretion. VDOT also has concerns with limiting the funding to only 5 years from the date of the zoning approval. " Response: We acknowledge the need for this contribution to be made to the County for transportation improvements in the general area of the development. The Bowman Consulting Group, Ltd. 124 East Cork Street m Winchester,VA 22601 Phone: 540.722.2343 - Fax: 540.722.5080 s www.bowmanconsulting.com Mr. Matthew B. Smith, PE September 5, 2008 Page 2 of 2 attached revised proffer statement removes the specific improvement and the limiting of funding to 5 years from the date of zoning approval as requested. Attached is a revised executed proffer statement for further consideration. The primary entrance off Ward Avenue needs to continue the existing 3 lane curb and gutter section established in fi-ont of the United Bank to the southern property line of the Assisted Living Facility. Additional right-of-way dedication needs to be provided to accommodate all roadway improvements. The 50.50' lot frontage width forces the commercial entrance off the right-of-way and onto parcel 53B-3-24. Additional right-of-way, agreements, and easement will need to be obtained from parcel 53B-3-24 to allow proposed improvements as shown on the GDP. " Response: Our rezoning application has been revised to include Parcel 5313-3-24 in order to better facilitate our proposed entrance improvements along Ward Avenue. All improvements have been designed to match what United Bank has constructed. We have met with the United Bank representatives and we are providing right-of- way dedication along this parcel consistent with what is proposed for Parcel 53B- 3-25. All utility easements and off-site grading/sight distance easements have been identified and are agreeable to United Bank. "Trak signals along this stretch of Route 50 are coordinated to work together. The TIA's recommendation of adjusting the signal timings and cycle length at the Route 50/Ward Avenue Intersection may have negative impacts on the overall function of the signals along this corridor. " Response: We acknowledge your comment regarding signal timings and cycle length adjustments. We feel that the improvements proposed to Route 50 and Ward Avenue along with the proffered regional transportation contribution and dedication of right-of-way for the future extension of Round Hill Road will adequately mitigate the impacts associated with this project. Please feel free to contact me at the office if you have any further questions. Sincerely, BOWMAN CONSULTING GROUP Michael P. Pointer, ASLA Principal Attachments cc: Mr. Bo Cook, HHHunt Co. Mr. Thomas M. Lawson, Lawson & Silek Mr. Mike Ruddy, Frederick County Planning & Development Ms. Candace Perkins, Frederick County Planning & Development Mr. Tushar Awar, Gorove Slade Associates P:\5132 - Route 50 Assisted Living\5132-01-003 (PLN)1Admin\Comment-Response\September 5, 2008 to Matthew Smith.doc Rp�,K 52 A D i53 A 74 52 A M / e 52 A 1 v� ■ �O'. 52 A J r ` 53 A 75 52 A L Vi f 53 A 76 ■ NORTHWES r �- RN P/KE F 50 ■ ■ ry ^ 538 3 S � 53B 3 1 Q 538 1 3 d`v �, .� 538 3 538 ,1 t�■ ,` mm , 538 24, 3 10 4-, y $0 3 16 5 ■ 3 it $38 3 ? I { rj 538 3 26 ..-. �3@ 3 '13 538 3W29 $38 3 53g■ 3 3p ;' �53g.3 �4 1„• 53 A 82 5 .. m tin �538 3 53@ 3 m i 6 yy,,0 Q 538 3 538 3 '� rn 32 - 17 r ■ 538 3 33 +�.;. 538 3 18 538 3 3� - 538 ' 53 A 83 3 19 538 3 35 ib 538 3 10 538 U3 `36 538 3 ?i m ■ 53Pj 3 31 538 3 22 UL N 0 WE ■ 53 A 86 1� 53 A 86A 250 500 IT 50 Assuisted LiVing Facility Rezoning a �: REZ 06 - 08 PIN: 53-A-81, 53-A-82, 53B-3-25, 536•-3-24 I r �1 a. 536 3 38a'.iB 3 23 t � e � { _ A Case Planner: Mike 53 A 86B REZ0608AsssitedLivingFacility Zoning M2 (Industrial, G<:neral District) Future Rt37 Bypass BI (Business, Neighborhood District) Myl (Mobile Home Community District) Urb an Develo o pru-1 Area 32 (Business. General Distrist) MSMedical Su ( peon Distract) G SWSA 4� B3 (Business. Industrial Transition District) R4 (Residential Planned Community Disuict) IM (Extractive Manufacturing District) Eg � AS (Residential Recreational Community Disuict) 4W HE (Higher Education District) (`� hj RA (Rural Area District) If 41& MI (Industrial, Light District) RP (Residential Performance District) 1,000 Feet IVl • It -,.i, n I -1 i P160b 2.,'J'–)-: "[ I PROPOSED PROFFER STATEMENT REZONING: RA TO B2 PROPERTY: 10.47 Acres/ Tax Map Parcels: 53-A-81, 53-A-82, 53B-3-24 & 53B-3-25 RECORD OWNERS: Darla Poe Funkhouser Sharon S. Poe PHTH Properties, LLC Marathon Bank APPLICANT: HHHunt Corporation PROJECT NAME: Route 50 Assisted Living Facility PROFFER DATE: February 22, 2008 Revised: June 24, 2008, August 18, 2008, September 5, 2008 The undersigned hereby proffers that the use and development of the subject property ("Property"), as identified above, shall be in strict conformance with the following conditions. In the event that the above referenced 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 Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Any improvements or other requirements proffered herein below shall be provided at the time of development of that portion of the Property adjacent to or including the proffered improvement or other proffered requirement, and no later than the time of issuance of a Certificate of Occupancy, unless otherwise specified herein. When used in these proffers, the Generalized Development Plan shall refer to the one page plan entitled "HHHunt Corporation Route 50 Assisted Living Facility", dated January 2008 and prepared by Bowman Consulting Group, LTD. and bearing the revision date September 5, 2008 ("GDP"). The five foot (5') easement acquired from Marathon Bank property (Parcel 53B-3-24) adjacent to the subject Property identified above will be subject to all applicable proffers, but after the Boundary Line Adjustment with the owners of the Property, the remainder of Parcel 5313-3-24 shall be exempt from these proffers. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as reference herein shall include within its meaning all future owners and successors in interest. The Applicant hereby proffers as follows: 1. LAND USE/ BUILDING 1.1 The Applicant intends to develop the property with up to 75,000 SF of assisted living care facility use. All other B-2 uses shall not be permitted on this site unless they are approved by Frederick County as part of a revised Proffer Statement. 1.2 All site improvements, as shown in the GDP, such as: Route 50 frontage improvements; Ward Avenue frontage improvements; an enhanced 100' road efficiency buffer along Route 50; enhanced Category B buffer yards along east, west, and south property lines; on-site drive aisles and parking; sidewalks; and site landscaping and lighting shall be constructed or bonded by the Applicant within 1 year of Zoning Approval. This does not include connections to future adjacent roads as illustrated on the GDP. 2. SITE DEVELOPMENT 2.1 Site entrances shall be limited to three (3) as shown on the GDP. The primary access to the site will be from Ward Avenue and the secondary access to the site will be by an improved right in/right out entrance along Route 50. The third access point is shown along the southern boundary to maintain access to the existing Allegheny power service substation and to allow for a future connection to the Round Hill Road extension by others. The exact design and location of each entrance shall be determined upon final engineering and pursuant to the specifications and approval of the Virginia Department of Transportation (VDOT). 2.2 The Applicant agrees to use a mix of brick and siding to break up the elevations of the structure and to provide an attractive facility generally as depicted in exhibits provided and which are attached and incorporated as Exhibit A. Any future additional structures will be required to use compatible materials for design continuity. 3. TRANSPORTATION 3.1 The Applicant agrees to dedicate a 25' right of way to allow for the construction by others of the future Round Hill Road extension as depicted. on the GDP. Such dedication shall occur within ninety (90) days of receipt of a written request from either VDOT or Frederick County. In the event that the request for said right of way dedication is not received within ten (10) years of Zoning Approval, the applicant shall not be obligated to its conveyance. 3.2 Additional right-of-way, agreements and easements will be obtained from the owner of the Marathon Bank property (Parcel 53B-3-24) to permit the continuation of the 3 lane curb and gutter road section to the southern boundary line of the Property and to allow for the construction of the proposed road improvements as shown on the GOP. 3.3 The applicant will allow for potential inter -parcel access to adjacent properties to help facilitate future connectivity within the Round Hill Land Use Plan (RHLUP) area. 3.3 The Applicant agrees to contribute to Frederick County the sum of $25,000.00 for additional road improvements in the vicinity of the development. The payment shall be made by the Applicant upon receipt of notice of commencement of the aforementioned road improvements. 4. FIRE & RESCUE 4.1 The Applicant shall contribute to Frederick County the sum of $10,000.00 for fire and rescue purposes, upon the issuance of a building permit. [SIGNATURES ON THE FOLLOWING PAGES] 3 Respectfully submitted, a0411 W. R. `Bo" Cook, Jr. v (Applicant) STATE OF V V0\(1`)tG , AT LARGE CITY/ COUNTY of Frric�c , To -wit: The foregoing instrument was acknowledged before me this 54 day of.6I.Ak6iv 2008, by NOTARY PUBL `���0��`0 N'�Nit'ffq!'��.j���E' � My commission expires: 1 2_01 Z ••G ry'. S G _ .'� "a Registration No.: zC 00 = 0e3IEKPM Y201 2 Op 19RGIl�P: �!�"t"11111%IkO,\`\ Darla Poe Funkhouser (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this f�� day of ("r 2008, by W.R. "Bo" Cook, Jr., attorney-in-fact pursuant to a Special Limited Power of Attorney. NOTARY PUBLDC ires My commission expi OF Registration No.: rA - �t jk?" I / - PHTH Properties, LLC (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY. To -wit: The foregoing instrument was acknowledged before me this day of sq_4 �6�v_ 2008, by W.R. "Bo" Cook, Jr., attorney-in-fact pursuant to a Special Limited Power 6f Attorney. A k' NOTARY PUBLDC NO. My commission expires: 72OWM Registration No.: -72,D50�_q W CC= =20129MS.. - '10rA //11/1/111111100 5 Sharon S. Poe (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 4 The foregoing instrument was acknowledged before me this � day of `IA✓ Cs 2008, by Thomas Moore Lawson, Esquire, attorney-in-fact pursuant to a Special Limited Power of Attorney. Yp Y D q Alt,; tS' NOTARY PU3tk = o:'°A0 . My commission expires: }A Registration No.: -72-c6g 11111111VOTARY MARATHON BANK l ay i LD R',,< B: Its: aej, y CED 57X../ STATE OF t/ (,4 i iJi/� , AT LARGE eff-YY COUNTY of "A•(eeZe2; (_/e , To -wit: Theoregoing instrument was acknowledged before me this S -d day of Se tP,yl ti 2008, by Z V iJg 14 •(- � a Oa, y My commission expires: ,�-,,2S-J r) Registration No.: / 9 VV V.-)- 31 NOTARY PUBLIC BARBARA S. MORRIS Notary Public Commonwealth of Virginia 184442 My Commission Expires Feb 28, 2010 PROPOSED ENHANCED 100' ROAD EFFICIENCY BUFFER AND CATEGORY "B" BUFFER U.S. Iii-OUTE 50 NORTH TTN PIKE 5 SIDEWALK INACTIVE: BUFFER 7 8.11hK YARD .SV,A SWIM IIUUIT ENHANCED 100&,DEFFICIENCY BUFFER NOTE. 1) ON ADDITION TO THE REQUIRED EVERGREENS FOR A ROAD EFFICIENCY BUFFER (PER 165(E)(3) THE BUFFER HAS BEEN ENHANCED `MITT STREET TREES AND UNDERPLANTED 4 -ER SHRUBS THE ADOPTED ROUND HILL LAND USE PLAN DESIGN PRINCIPLES. 2) ENHANCEMENTS: 8 CANOPY TREE ORNAMENTAL TREES 2 24 SHRUBS 50- INACTIVE BUFFER YARD 50" WE ENHANCED CATEGORY "B" BUFFER YARD NOTE 1) IN ADDITION TO THE REQUIRED 3 PLANTS PER 10 LF, ADDITIONAL PLANTS HAVE BEEN ADDED TO FURTHER BUFFER ADJACENT HOUSING - 2) ENHANCEMENTS 80 EVERGEEENS 2 SHRUBS 3) PLANT MATERIAL LOCATED WITHIN THE POWER COMPANY EASEMENT SHALL BE CONSISTENT WITH ALLEGHENY POWER RECOMMENDED PLANT TIMES. OH7 . -1 1 STBOUND OUT EINONCE IT RICNIT I A h- z 7* TE -50— me 4, Lr TI/ - 4 (vA,,AB AE)- 0 j _ASTSOUNd J^xV 14' L 53B 1-7 '71 E� C HIHN, 8.1,kREIAR�-_ j Y 1 ! 1I ZONED RA'-yli f T so, Z/ El _D TO ;j Z f GUTTER IMUNIND islINT"2 k _; UmIlliv BANK I DJACE j E D' "' ANN A POSSIBLE 2 RAMP III TIT T i X SWM, z 2 SS/EGRESS E 0V L PGJ ... 0 FFER T! FACILITY `� Er mf F T", ABANDONED) /' N�Dl iVF t I CITGD 7/11 MAP Mir 53B -t3-1 N, YWA j FUN�H USE RLA, POE ND Z MAP v POE, RoN S. I E' VVAIER In l�SEfU!CM.E%R, MEP�CIAL MAP 11 '04ER" RA TO 13� RE70NED TO B�, A` j! Lll BOUNDARY LINE ADJUST. T FOR REQUIR I A-1 I +1.9i / F'BACK _ L� OCC A� INGRES4/EGRESk 08 07_�S PC 094_%\ T X Lj I - !" - O -Z OIRE �48 I i � s /To UNITEDB E N/F ID. ZONED RA It ui�,t: VACANT 'BUTCHER, TIMOTHY S. TO BE REZONED ,MAP ID: 5,3B-2-29 411 t I r'"M OF �-Ell AMON) 2! USE RMD�NTIA`L--` 1-1-11 FUI�N A;V L6? ROW T, E 14"URB - COTTER TO A 1R.P1,11 E TO T TH,_.". CURB ADJACENT UN17M SAW. ELECTR!§_',LIrS, EXISTING UNDERGROUND,' N76 PROPOSED - A, '1 305.7 CND EN7" )R 4, MAP 10: 536-' It ZONED: RA 151 W. ON z _j RESIDENjjAL------- < 0 , I - 4 - aw D_ WOL�ORD. GUY W:'-& ARMITHA-.V_- F' J�'! &� 1 �_ IES ULC -STOCK EXOPANGE INC LL_ MAP ID: 538-3-27 -538�)-25 z -Z ZONED: R. ID�' ID: 53 BE REZONT 'P' I Z F— ! /,-! - If)/ _; "' --4.23 ACRE U �CMM A it USE: E�, < LLJ N; If LLJ ' • ILFOAD, GUY W. &-ARM (T -W.- :E cr- ja 0 ZONED: PA 0 > 0 Lij C2 [IF CALVIN_ LEE LLI RITTER I!j it, P Zl(D 538-�-29' 157-1 - Arl RESIDENTIAL C) CO n V T CALVIN I \ - ___ !� z __j ✓I N < j it k !1\, 1777630(1< o T_Lj EXIST 0, _�SE RESIDEN4L r�� IN�-� E�RESJSMT. Er tl) N71� RITTER, CALM 'N bi MAP IU: Lu r 'NOTES, t I < BUILDING ZONED: Ll OVER,AO%AND-PREAT FjXl It RA 1.1,NO 5 Sao THE LLI SU4�IECT _ (� RESIDENTIAL FINAL OUT TO- GT,�TRTj XE/PLSATV�- o Ld ,.BITTER, CALVIN -t j ry Ld A` • v IF PUjFENBERGER_AJDY E3 'MAP ID: 5�� ID, _4� Of -ZONED- F(A C) RESIDENTIAL -At' &L SMITH. PATRICW M J\ N R �'! -1 �Z pli�_ " E5 -A-8'fA, USE 0 DRE E.11 MA ]ON N USE: RA _f N/ _D� USE: ESIDERYAA > 4 LEGEND SCRUGGS, JOSEPH'-' Y, (/a < -4 _mAP PD, I r! zollr�.a t EXISTING DESCRIPTION USE, RESIDEN TIAL -_ 4 INDEX CONTOUR , #jpUT N/F• -4, CONTINUED ACCESS TO. �\SCRUGGS, JC INTERNEMATE CONTOUR ALLEGHENY POWER-' )SEPH 1. %) . w K�� NJ: 538-3-34,' -- --------- E_ EDGE OF PAVEMENT SERVICE ST ZqNED: RA 1, — -- — -- PROPERIN UNE CODY w 4,�: RESIDENTIAL • Lie. No. 34091 I EF DEPARTING PROPERTY LIKE BUILDING N/F N/F W LINE -A-POE AND HOUSER. D!5RL 1_, , �< 6_:� _SCRUGGS, JOSEPH 1. POE, -.,SHARON S�\ Ao i I e AD: 538-3-35 FENCE LIKE REVISIONS YA� �JMD;, RA —W-- WATERUN, -A-82, MAS TD: 53 RESIDEII!A� ZONESR�A TO BE REZONED�'.�O 82 /,q SANITARY SLYER %-A) ACRES NBOD PROPER -TIE !Lf_- O&/Zt/M PER AGM REVIEW -6 B___ C]- -E-- UTILITY PILE/ EUECIRIC LNE UPDAIES Z "61 cff ID. 11 IN qA4 P 11 1 61//;, x P F. NAN800 R STOFAI SEUR LINE 09ASAS PER CLIENT 4C EST; 711 Lo-oq- "Y PROPOSED DESCRIP710N A- BUFFER EDGE OF PAVEWENT E 11 --lq7.F j ylRo NANPI PRb' 2✓ IN (A !CC ACT) MAP. 3 W_ 2s, WATERM Zl� �E: RE!Sli5E-NVAL !%4 SANITARY SEW iO "E_jA_�l -7 N/F j c DATE DESCRIPTION d YPOE FUTURE DESCRIPTION )fF CTO JAE 'N RON, ANBODAN PRCPERlIfS LkLl. v POTENTIAL MAINE IC SCALE DES" DRAWN �A F- CaLECRR ROAD SCALE HCEU7 1-W ED- RA Ll lz TAKEN ITION THE ROUND VERT. HILL LIVED USE PLAN CAD NO. 5132-01-003 � �l -% / i)JIVESIDENTIAL C7 OR �E? 2;Z 0, t _DE 15313-3-38 P ID MAP ID: 53-A-86�- ZONED: RA N MISE: ?_��NIIA 4 AS ENACTED NOV. 2007 EX EDATE clii.c JAN. 2008 I.7t IN FEET A L__ I wzk,7 50 & FILE No. 5132-D-ZP-001 NOT TO SCALE ej SHEET 1 OF k z , r� I 7i I RIGHT ELEVATION . .._._ SCALE: 3132"=1`-0" i i #fit jg � r _ 1 } I p i t s 01-T - V! S fi - _ - tit fin\ o ____ __._.—. � _�- RIGHT ELEVATION . SCALE 3132 VI -0 E i 1 to _ U) 5 s f �� FF 1 4 1 �(}�{{.j{�.. 's f3t:t il.�:i. - -.-.;j ,' ...}�"Tr EfF- .. �•� - �. i L� L_... � - � a: .L� _�:- ,__._.a_.�, .�._2_.-_. r,:�: ,."i._. - �.If�_ 4���. ii.I.:��� .�..__.__._�_�.._..�.____..�..._......._,�..._._.,._____._._.__.�.._ LEFT ELEVATION ;GERT 4 s SCALE: 3132 = 1'-0" ! 2 P 1 Iz a.w` a � �E �� HROJECi6�35Fe _ � do�sace _ f C3 asci •a+� a � -_� T �� ._:� ,. -It ,. 't{'}. � t^ �•.. F-:?-, _�tt;`'t, � i 1: _ A-1— Y" =f3 FRONT ELEVATION ' � s _SCALE: 3/32 1'-0" A3.01 - x -_-�-- EXHIBITA NOT TO SCALE R� i G:LGYt1! IVIY j ,1 SCALE: 3132" =1`-0" i 't k I , t C� a= j ELEVATION # 5 4 LEFT ELEVATION 2 SCALE: 3132" =1'-0" CA o Q1 a) - U O s._ . c3 o.= Q �_ N L— = r`U = VJ i U ;.0"or 3 5� _ DATE own WA OAM i� DRAWtt $Y_ _ SPECIAL CARE_FRONT. ELEVATIONyy _ SCALE. 3132" =1`-T i A3.02 EXHIBIT A NOT TO SCALE ELEVATION S6-4ccflii =1'-0" 4 ELEVATION SCALE* 3/32" = V-0" 3 ELEVATION 1 2 SCALE 3/32'= V-0' I A oc'"flo SCALE: 3132"= 1`-0" A3.03 EXHIBITA NOT TOSCALE FIBERGLASS SHINGLES D ON 301 FELT OVER 5/8' cn W SHEATHING (24/0 APA) W/ CLI _INSULATION BAFFLE WOOD STOR. TRUSSES ® 24' O.C. (23/32' PLYWD. FLOOR o ® STORAGE AREA) �� TRUSS ANCHOR / /— —R-30 INSULATION FLASHING TYPE 'b' - -------- �r r�'x•�, 1, 1 26 FACIA :..Y' ALUM. WRAP i� GUTTER AND I \ DOWNSPOUT __.-___.. _.... _ .� " 1/2' GYP. BD. (PAINT) 5/16' HARDI-SOFFIT WITH 5 �. CONTINUOUS NNYL VENT -- -------R-13 INSUL 1x6, ALUM. WRAP HAROI-SIDING - -�- 7/16' APA RATED SHEATHING I - 2x4 STUDS 0 i6' O.C.------- --- i 5/8' DIAMETER ANCHOR BOLT ® 32' O.C. WITH 7' MIN. EMBEDMENT '� 1x4 WO. BASE (PAINT) 1.RCM!EC) SEALED CONC. 2 x4 > PPT W/ 1/2' AB (ENTIRE FLOOR) 0 D.C. MAX— / 4' CONC. SLAB % CERT. NO. ; R-5 RIGID PERIM. INSUL 24' WIDE T - --6 MIL POLY V.S. CONT, CONIC. FOOTING I! I SEE SIRUCT. DWGS. D.J.I _,Li lIi -_ SEE STRUCT. MAINTANCE BUILDING WALL SECTION DATE tb r PROJECT: 11 OW78 04-23W 5 SCALE: 3/4" =1'-0" MAINTAN MAP I MER I MAINTANCE BUILDING ELEVATION j 2 SCALE: 1/4" =1'-0" 4> ING ELEVATION 4 SCALE: 1/4"= l'-0" 2/0 FYPON LOUVER MODEL 1661828 EACH SIDE 3 1/2" TRIM— - VENT V \\ �� _ -- -- "--- 2X8 RAKE 80. ZjlX3 TRIM. WRAP IN AALLUM. ----ALUM. GUTTER & DS W/ SPLASH I BLOCK ___ DI -SIDING PER BUILDER - 0 0 -_ i LIGHT FIXTURE (lYP) •I i I 3 1/2' HARDI-TRIM PER BUILDER ' - " HARDI-CORNER TRIM I - -- - - - PER BUILDER T 6 PANEL INSULATED STEEL DOOR [CRETE-� 3BED FINISH) MAINTANCE BUILDING ELEVATION 3 SCALE: 1/4" =1'-0" DRAWN CHECKED IVIf111V 1 /'11V1�C DulLullvV I—Lr%IN 1 1MA2.01 SCALE: 1/4"= 1'-0" EXHIBIT A NOT TO SCALE D o cn W o 0 E � Q = U) G 1.RCM!EC) 63 or°�y wx""2� mac+ % CERT. NO. ; 612M � 9,XEgN. NP $ DATE tb r PROJECT: 11 OW78 04-23W DRAWN CHECKED IVIf111V 1 /'11V1�C DulLullvV I—Lr%IN 1 1MA2.01 SCALE: 1/4"= 1'-0" EXHIBIT A NOT TO SCALE REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be completed by Planning staff ging Amendment Number Hearing Date Fee Amount Paid $ Date Received BOS Hearing Date_ The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. L Applicant: Name: HHHunt Corp (W.R. Cook, Jr.) Telephone: 919-461-0587 Address: 117 Edinburgh South, Suite 100 Cary, NC 27511 2. Property Owner (if different than above) Name: See attached Address: 3. Contact person if other than above Telephone: Name: Michael P. Pointer Telephone: 540-722-2343 Bowman Consulting 4. Checklists 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 x Verification of taxes paid X Proffer Statement X M] 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:. HHHunt Corporation (W.R� Cook, Jr.) Darla Poe Funkhouser, Sharon S. Poe PHTH Properties, LLC Marathon Bank (United Bank) b. A) Current Use of the Property: vacant/Residential B) Proposed Use of the Property: Assisted Living/Health Services 7. Adjoining Property: see Part iv PARCEL ID NUMBER USE ZONING between 8. Location: The property is located (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): the intersections of Ward Ave and Rte 50 (to the east) and Round Hill Rd and Rte 50 (to the west) on the south side of Rte 50.`' Echo!Ln provides access from Rte 50 through the site to an Allegheny Power Substation off-site, but behind the suject property. I 9. The following information should be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: S9 uare Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 4T emsG�LrTY 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia, I (we) authorize Frederick County officials to enter the property for site inspection purposes, I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of=-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): 6 " 16?aN__ Date: S�fT'. Owner(s): 12 Date: Date: - _x , S _oag Date: -64,-�' $ 2_00$ PROPERTY OWNERS Darla Poe Funkhouser 165 Jennings Farm Court Front Royal, Virginia 22630 and/or 272 Hilda Drive Clear Brook, Virginia 22624 Sharon S. Poe 2840 Back Mountain Road Winchester, Virginia 22602 PHTH Properties, LLC 1151 Cedar Creek Grade Winchester, Virginia 22602 Marathon Bank (United Bank) PO Box 189 Dunbar, WV 25064 ZONW(30 APPLICATION FOR OVITE 5A ASSISTED LIVING FACr- 11L IIN Revised September 4, 2008 OWNERS Darla Poe Funkhouser 165 Jennings Farm Court Front Royal, VA 22630 and/or 272 Hilda Drive Clearbrook, VA 22624 Sharon S. Poe 2840 Back Mountain Road Winchester, VA 22602 PHTH Properties, LLC 1151 Cedar Creek Grade Winchester, VA 22602 Marathon Bank (United Bank) PO Box 189 Dunbar, WV 25064 APPLICANT HHHunt Corporation Mr. W. R. "Bo" Cook, Jr. 117 Edinburgh South — Suite 100 Cary, NC 27511 Ph: (919) 461-0587 AGENT Bowman Consulting Group 124 East Cork Street Winchester, VA 22601 Ph: (540) 722-2343 'b 0,2' 0.3' DETAIL AREA "A" DETAIL AREA "B" DETAIL AREA "C" VON MON. / l DETAIL AREA "A"�� J I / I IRf K J DISK FOUND NORTHWESTERIV (FORMERLY NORpT,lWSTERN GRADE) KE Dou4D/ �4) tn244` y 4fJ 0.8..206. PC. 404 I / ° OT'DSSEEDp92 J j ZONED:Rn `J USE: RESIOENTIAC IRF . 7•/ /� • TM 53-A-87 y / / �' JI/• 83,766 S -F, ! / 0-7,116.8403r -"-- I 566 891.52 1 7, • t`` hJ _ m OE2 > 1 tSO) / Y'� � 'H 13%4- 2T 34 , ('N7 / ....w PINCHED // - 9_2301 ACRE ` 'V I 1�R .-.. Z� I F PIPE FOUND M \ ( �• _ 0V2) ' 4.... _ / Q N 3 -rK F / t SHED V` . °y= / O:B. 242. PC. 585 h / j tOON-0 -� —DARLA P�OE� J i TM 53B-1-29 °? /— i / -- FUNKFIOUSER� / � I or /mal SHARON S. POE ( oFf� - ?:IRFN DEED.BOOK 925, PAGE 1175 �/c�;•1 DEED BOOK 929, PAG 924 — — - • 1 ���; /J / - ( TM 53-A-82(, W�v IPF/� / 351.933 S.F. l\\ '� .�"�•,.. �; r� ry IV •-+a 40' D.B.2p a"/7�8.107927 ACRES S .2(NO BUILDINGS)H g ( 11 11 �\ 405nT sss69�IL) AREA/ TOTAL PROEJQC)WOODENtfp .0SF POUND TACK DSF� FEN POST m/ l � . . 10.;Z, / O.B. 652, PG. 685 / / / \ „_ry z 2. •.•• / ZONED: RA Z' � / � � � NO �" MARK / USE: RESIDE NTtALQp� �� OUND INIf FROCK ~ J l l / "X" MARK FOUND / IN ROCK P.0.13. 1 / / EASEMENT LEGEND 'INV 833.55 / / EOBND-- PROPOSED 8 EX POTOMAC EDISON COMPANY ACCESS AND ELECTRIC LINE EASEMENT D.B. 738, PG. 941 i E2 1 EX. POTOMAC EDISON COMPANY SUBSTATION EASEMENT D.B. 738, PG. 941 (�E�I EX.INGRESS AND EGRESS EASEMENT ` D.B. 652, PG, 685 (IE21 EX ACCESS EASEMENT INSTR. 060018276 EX. 20' STORM DRAIN EASEMENT (1 INSTR. 060018276 (W1� EX. 30' FCWA WATER AND SANITARY SEWER EASEMENT INSTR. 060018276 N 7,115,944.60 E 11,566,394.97 - DISK FQBND IE w P14HEO PIPE FOUND o 5' OFF) — — -- -•- IR— WOVEN WIRE FENCE �'— DETAIL AREA "C" ::- - N 7,115,867.41, ...� ., '•._e: ..:�-%•.`.:,E...i. E 11,566.655.84 O.B. 929, PG. 921 ZONED: RA USE: COMMERCIAL ( W2 > EX. 20' FCSA WATER EASEMENT I CURVE TABLE INSTR. 070006788 CURVE I RADIUS LENGTH CHORD BEARING CHORD I DELTA TANGENT 700 0 100 200 C1 2976.79' 13].79' S 84'3120" E 131 78' 1 02'32712" 6590' GRAPHIC SCALE NOTES w REVISION Z I. THE PROPERTY DELINEATED HEREON IS LOCATED ON FREDERICK COUNTY 0 TAX MAP 53-A, PARCELS 61 AND 82, TAX MAP 53B-3-24 AND TAX MAP 538-3-25 AND ARE ZONED RA. DWG: P: \5132 - Reuto 50 Assisted Uvirlg\5132-01-001 (SUR)\9urvey\Plata\St32-C-MP-OOT dwg BY: D; CHK BCG PROJECT NO:5132-01-001 TASK: 3 COUNTY REF NO:53-A-82 SHEETi OF] 2. THE PROPERTY IS NOW IN THE NAME OF DARLA POE FUNKHOUSER AND 0 O SHARON S. POE AS RECORDED IN DEED BOOK 925, AT PAGE 1175 AND DEED BOOK 929, AT PAGE 924 (TAX MAP 53-A, PARCELS 81 AND 82), PHTH PROPERTIES, LLC AS RECORDED IN INSTRUMENT 020005868 (TAX MAP 538-3-25) AND UNITED BANK (FORMERLY THE MARATHON BANK) AS RECORDED IN INSTRUMENTS 050015166 (TAX MAP 53B-3-24) AMONG THE ci LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. BOUNDARY INFORMATION AS SHOWN HEREON IS COMPILED FROM EXISTING LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AND A FIELD SURVEY t I PERFORMED BY BOWMAN CONSULTING GROUP, LTD. IN NOVEMBER, 2007. , 4. NORTH MERIDIAN iNFORMATtON AS SHOWN HEREON IS IN THE VIRGINIA COORDINATE SYSTEM OF 1983, NORTH ZONE AND WAS ESTABLISHED BY GPS METHODS. NGS MONUMENTS HTCC, LOY4, LOYC, LWXi AND ZDC1 WERE USED TU ESTABLISH THE GRID USING GEOID G2003UO&. 5. VERTICAL DATUM SHOWN HEREON IS ON THE NORTH AMERICAN VERTICAL DATUM 88 (NAVD 88) AND TOPOGRAPHY AS SHOWN HEREON WAS _.—. PERFORMED BY BOWMAN CONSULTING GROUP. IRP 6. THE PROPERTY AS SHOWN HEREON IS SUBJECT TO ALL COVENANTS AND RESTRICTIONS OF RECORD AND THOSE RECORDED HEREWITH. BOWMAN S 13'43'23" W (FORMERLY THE MARATHON BANK) CONSULTING GROUP, LTD, HAS NOT BEEN PROVIDED A TITLE REPORT AND ' 787.76' INSTR. 040018770 THEREFORE THIS PLAT DOES NOT NECESSARILY INDICATE THE EXISTENCE OF -- INSTR. 050003499 ANY COVENANTS AND RESTRICTIONS ON THE PROPERTY. INSTR. 060018270 (BLA) ZONED: 62 ZONING REQUIREMENTS USE: BANK (EXISTING ZONING) UNITED BANK (FORMERLY THE MARATHON BANK) ZONED: RA (RURAL AREA DISTRICT) / INSTR. 050015166 TOTAL SITE AREA: 456,006 S.F. OR 10.46846 AC. vJ/ T.M. 536-3-24 10,301 S.F. SITE AREA TO BE REZONED: 456,006 S.F. OR 10.46846 AC. -/ 0.23648 ACRES MIN. LOT SIZE: 5 ACRES (TRADITIONAL. AGRICULTURAL) / 1-2 ACRES AND 1-5 ACRES r____—PHTH PROPERTIES, LLC (FAMILY DIVISION) INSTR. 020005868 T.M. 53B-3-25 MINIMUM LOT WIDTH: 250' AS FRONT SETBACK S 13.36'12" W 10,006 S.F. MAXIMUM DEPTH: 4:1 102.44' 0.22970 ACRES SETBACK REQUIREMENTS: (SL.) FRONT., 60' (TRADITIONAL LOT) SYMBOL LEGEND SIDE/REAR: DETERMINED BY ADJOINERS USE REAR: 50' (6 ACRES OR LESS) �. SIGN 100' (MORE THAN 6 ACRES) lU PHONE PEDESTAL 200' (ORCHARD) 0 POWER POLE 200' (AGRICULTURAL/FOREST DISTRICT) LIGHT POLE GUY WIRE BUILDING HEIGHT MAX: 35 4h1 YARD INLET -GRATE (PROPOSED ZONING) STORM MANHOLE ZONED: B2 ( BUSINESS GENERAL DISTRICT) Q SANITARY MANHOLE WATER VALVE SETBACK REQUIREMENTS: 35' (ON COLLECTOR OR MINOR STREETS) FIRE HYDRANT FRONT. 50' (ON PRIMARY OR ARTERIAL HIGHWAYS) A PROPERTY CORNERS FOUND — — — EDGE OF GRAVEL BUILDING HEIGHT MAX: 35' --OHE- OVERHEAD ELECTRIC -_ EDGE OF CONCRETE — V00T CG -6 — •— EDGE OF PAVEMENT CENTER LINE -- WOVEN FENCE EXH181T SHOWING :e x- BARBED WIRE FENCE PROPOSED B2 ZONING DITCH P.O.B. POINT OF BEGINNING ON THE PROPERTY OF (ON) ON THE PROPERTY DARLA POE FUNKHOUSER (OFF) OFF THE PROPERTY AND SHARON S. POE IPS PROPERTY CORNER SET DEED BOOK 925, PAGE 1175 IPF IRON PIPE FOUND DEED BOOK 929, PAGE 924 IRF IRON ROD FOUND AND RCP REINFORCED CONCRETE PIPE PHTH PROPERTIES, LLC CPP CORRUGATED PLASTIC PIPE INSTR. 020005868 AND UNITED BANK (FORMERLY THE MARATHON BANK) INSTR. 050015166 BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 100' DATE: JANUARY 21, 2008 REVISION 15owm-ain C® N sU L T I N G Bowman Gonsultfng Group, Ltd Phone• (540) 722-2343 124 East Cork Street Fox- 164M 722-6060 WIRebeste6 W(rgtNe 22601 www.bowmsnconsut mtom 9-4-08 ADDED UNITED SANK a Bowman CorwAfto Orale, Ltd DWG: P: \5132 - Reuto 50 Assisted Uvirlg\5132-01-001 (SUR)\9urvey\Plata\St32-C-MP-OOT dwg BY: D; CHK BCG PROJECT NO:5132-01-001 TASK: 3 COUNTY REF NO:53-A-82 SHEETi OF] NOT TO SUALt N C9 10 a /C Hn.HN. RARBARA A. ZONED: RA USL: F:ES;DcniTiAL MAP ID: 53B-1-1 MAP ID: 538-1-2 f r d tf r ` EXISTING 20* -----`-1 J / INGRESS,L ESMT. N/F DB 0652 PGC G6O6 E5 FUNKHOUSER, DARLA POE /o MAP ID: 53-A-81 �$ ZONED RA TO BE REZONED TO 82 f t1.9 ACRES EXISTING 54)' INGRESS/EGRESS ESIT1 OB 0738 PG 04:5 / ROUTE 50 w- NORTHWESTERN P(KE (`AR'ZIO TAR PRO SYA1� MAP ID: 5_S8-3-5 "sm".O r. � N/ F a UNITEDBANK t rMAP ID: 53B-3-5 ZONED: B2 USE: COMMERCIAL 3. EmSTING 7-11 N/F N/F }_:.., �-- UNITED BANK - b �'` �-� MAP ID. 538-3-24 BUTCHER, TIMOTHY S. \>/- ZONED: RA TO BE REZONED B2 MAP !D' 536-2-29 /` 1 `' USE: VACANT ZONED: RA SUBS T PROPERTIES t.24 ACRE USE- RESIDENTAL N/F MAP ID. 53B-3-26 PHTH PROPERTIES LLC �" MAP ID. 538-3-25 - `r / ZONED: RA TO BE REZONED 132 ±.23 ACRE M 51F? -3-27 / N/F N/F sravewAu. DRIVE -RTE. ass � � 1 -,- FUNKHOU , DARLA MAP ID: 53Fi-3-2$ LFORD GUY W. & ARMITH A. EXISiiNG 50' NIF INVRESS EGF PUFrENFSE` GER, JUDY N DFs OZZ3 PG MAP 11: 538-2-24 ZONED: RA USE. RESIDENTIAL N/F SMITH, PATRICIAM. MAP ID: 53-A-81 ZONED: RA USE: RESIDENIl ,., Ft. ql PAP ID: 53—A-82 MAP ID: 536-3-26,27,28 ZONED RA TO BE REZONED TO B2 MAP ID: 5.3C a ZONED: RA �$.0 ACRES � 2.9 USE: RESIDENTIAL r' „',AF' 10 53R-3---,') ESMT f 145 N/F MAP ID: 538- 3 / ID: 53, CALVIN LEE / MAP ID: ZONED RA 30'31,32 J ,� ,� USE: RESIDENTIAL Ivl, ., 539-3-3 ?� MAP ID: 53B-3-33 N/F MAP 1538-3-34SCRUGGS, JOSEPH I. MAP ID: 53B-3-33,34,35 If MAP ID: 53B-3-35 ZONED: RA LEGEND EXISTING DESCRIPTION EDGE OF PAVEMENT PROPERTY UIE DEPAR7W PROPERTY LM FENCE UNE ADJACENT PROPERTIES SUBJECT PROPERTIES "`�.. USE: RESIDENTIAL IML 1. RECENT ROUTE 50 IMPROVEMENTS AND DEVELOPMENT MAP ;D: 53,'1-3—.Sty ADJACENT TO THE PROPERTY ARE NOT REFLECTED IN POTOMAC EDISON CO.--� N/F THE CITY Of WINCHESTER MAPPING UTILIZED IN THIS EASEMENT ANBODAN PROPERTIES LLC EXHIBIT. D8 783, PG 941 MAP ID. :338---3-37 MAP ID: 53B-3-36,37,38 _ X125 � • ZONED:. RA ADJACENT OWNER EXHIBIT -� - USE: RESIDENTIAL MAP iD: 538-3-38 N/F 'D LIVINI" F�{.TY O'DONNF-L,TRUDY POE,,RCUTE ) E I TiE-01-00FFEJERICK C:JJd7Y VA 5132-01-003 M `iP ID: 53-A-$6 1 .� S;:hLE_NfS GRT[:JANlJMf?I}tI$ FCEVISE009-2008 ZONED: R.AUSE. RESIDENTIAL 13ovman C 0 N S U L T IN 0 , i1 v a * a r ' c _ �` tNiNCHESTERI*' MEDICAL , f .• ♦,: Y ., b � 4i` i3 NT Z _ � Y rT 1 • '77 Y N l N,•r `, ~w • _ . `1 - J . iC f j , _F = n, 1� 7 a^ \ S 1' s ti `r b /) 1 , >, Lt ' •^ .• i ` , • rt , coURn!ARe� MARRIOTT`i" E ST -,E j� • y . _.••`�..: ,r- '� '��> , - - - ST RE WF CHESTER K >" ` COMPLEX .. • .s_ = �,.a ,. "�, 4..- _ .. �'.,....�.- _ UTA 01,•• ,� UMI.T€D� �; •. RESIDENTIAL r+�, ANIC r ��c r l'/{ lJ ! v r -�; Tfi C 7 F _ '° ; rJ•. .��� .tip{' , R®(afNP. • X�l ,�»o- , :.k • ,;, "'>#�. ESTOP ! � w,5t_� y A � ,�sedf•� � ~�'' ' O' .B .._ '"'`�i�,•;, � �•.®i4e• lir' L _ NG€ �•.! <.,,, ',� J;•. ,�._ PROP L T• I J 'A 4: 'TAUT 'D � _ •, ? - ' • �r . O - V • .ti's ... y 1 C i r L%� RESIDENTIAL • Nom, a -„ , r •f ,a r - .,.ski. e AS ADOPTED . �: � ' i'- t w sy NOV. 2007 THE RALUP r voo y4 7✓ j A s — ... _ C - t i° i Ns S -ANDY HILLLEGEND 'CAMPGROUND �e %.4 FUTURE COLLECTOR ROADS 4, TAKEN FROM THE ROUND HILL LAND USE PLAN, AS ENA /IN is ++ 4. 1, Y , CONTEXT Dc"HIBIT 17w. FREDERICK COUNTY. VA ROUTE 50 ASSISTED LIVING FACILITY -01-00, t SCALE- NTS -JANUAffY.2(08 KIEVISEDO DATE _ ;j .. to '{: #�• M _ • 1t.g - s ' -- fVQ 1�# ON + rt_ y s A Y) ALI- „ AS - t ti 1's#r� Til je r sI � E ,S fi „ y BANK a ) N ! i r3_3-5 f` �j 4 / ; FUN�.HOUSER. ARIA , , o e2 `��• / 1 •- f A4AP 2 ° •'S, . { ' ERGIAL % - ✓ EXIS' G -. ZUPiE�"+ RA T�� 5 8�ON� tjO ACRE— F J l f _ / $ a M. � 1 \ STANDARD LEGEND .,. EXISTING DESCRIPTION v INCE( GONrax R -' : .#, ,.. ,•�_ 1 / `` NTERIEOATE CONTOUR •� / - - - -- - EDGE OF PMEIEINT PROPERTY LINE DEPARTING PROPER n LINE TREE LINE 3J �_ FENCE UNE UTILITY POLE d `... < . 3i L • • • • SOLS DELINEATOR UNE Y \` SLOPES 15-25% ±-80 ACRES SLOPES �A THAN 25% n . ACRES DIRECTION OF RUNOFF �...• f f , f `r SOILS LEGEND _ •.,• ' `• f , f ! -; N i • I - �, rf © SYMBOL NAME SIGYEA I HYDROLOGIC G'iOUP e / `.., `., —�-- / r/ J �• R 7) At 6C CAR80-OV;KLET._ILT' DA.f:1S -x_ 24-. C _ b y j F ; , tA: F ECTE.^11:A:-FJF _ MEN70 L'J,4M-R f 7 . FREDERICK-PO=LIMENO�RCCK 1. ; .T. OurcROP COMPLEK 2-15 0 p j 1 NOTE: _ - ' • � „J ' / £ - _.{;'� ! � , f . 1. THEREARE NO FLOODPLAINS ONSITE PER FEMA MAPf):510063 01150 (JULY 17,1978). e .2 �, '^' -- "l d' �"* • ,l(1M'1R, j - ' /. 2. THERE ARE NO KNOWN WETLANDS ONSITE PER A STUDY CONDUCTED BY E.C.S. ON SITE t !'F.�VISIT NOVEMBER 26, 2007. 44 ..a1�j �a. �--^ "' ; / /'/ • `\n t /r, / i 3 THE EXISTING TOPOGRAPHY IS IN2CONTOUR INTERVALS AND TAKEN FROM THE FREDERICK COUNTY GIS DATABASE ' \ 1 -r LE; F t i K P 7. , GRAPHIC SCA EXISTING NATURAL CONDITIONS a� P(T RA -�' I Leh 50 rt. ROUTE 50 ASSISTED LIVINGFACI_LIT_Y�>�f LL it v. Es at SAY 1 FREDERICK COUNTY, VA 5132-01-003I , t Bovvtmn a,` SCALE NTS DATE: JANUARY 2008 REVISED d9/05!2008 r % '/ I C Q N S U L T I IN G "F r ti, 4 L�' SEWER TO BE TREATED AT THE OPEQUON WATER ,, RECLAMATION FACILITY A J+ SOURCE OF WATER IS FROM THE JAMES T. ANDERSON 20', WATER TREATMENT PLANT 1111 CN E J I E R TO WAI_M T DEVELOPMENT 20 � ,vMEDICAL ALMART CENTER �` ,SuPERGEN TER a. EXISTING ----- -�. ©U TE 50 --._ WATER LINE VDOT OR Ty WES TERN Pi \may 1%* SEWER & 1 A7lr'ER EXHIBIT ROUTE 50 ASSISTED LIVING; FACILITY FREDERICKCOUNTI: VA --,�.� 5132-01-003 SCALE: NTS DATE- JANUA YAlM REAS—El) Oy/tJ5d2170fs 4 .41 g 1v 20" ► V TO COURTYARD �O 0 4e. , MARRIOTT '40� F 12" <vf- EXISTING 20" SAN. SEWER+ + ROPOSED- ATER LINE PROPOSED SAN. SEWE S� . LEGEND ITE �wmml UDA SWSA 4' V EXISTING PUMP STATION .� f ��\\V EXISTING MANHOLE S EXISTING FIRE HYDRANT agEXISTING WATER o EXISTING SANITARY SEWER i \ - UNDER CONSTRUCTION WATER 4 f;} UNDER CONSTRUCTION SANITARY SEWER FORCE MAIN �-`1Y— PROPOSED WATER PROPOSED SANITARY SEWER 4� Homan C O N S U L T I iii G i 1.2' � 2„/12' 20"'12" � �,• 20" ;CONNECTION 12" TO EXISTING UTILITY LINES + � �� , ;T + + `... .,..� �.. :... mum ..nom i S� . LEGEND ITE �wmml UDA SWSA 4' V EXISTING PUMP STATION .� f ��\\V EXISTING MANHOLE S EXISTING FIRE HYDRANT agEXISTING WATER o EXISTING SANITARY SEWER i \ - UNDER CONSTRUCTION WATER 4 f;} UNDER CONSTRUCTION SANITARY SEWER FORCE MAIN �-`1Y— PROPOSED WATER PROPOSED SANITARY SEWER 4� Homan C O N S U L T I iii G i IMPACT ANALYSIS REPORT FOR THE REZONING OF: ROUTE 50 -- ASSISTED LIVING FACILITY INTRODUCTION: (See Appendix II: Context Exhibit) (See Appendix IV: Round Hill Land Use Plan) (See Appendix V: Long-range Land Use Plan) This 10.47 acre site composed of four parcels is proposed for rezoning from RA (Rural Areas) to B2 (Business General) for use as an Assisted Living, Health Services Facility as a by -right use under that zoning category. It is located west of the City of Winchester on Route 50 (south side) approximately % mile west of the Route 37 bypass. The site is situated between, but not adjacent to, the cross streets of Ward Avenue and Round Hill Road and has an access road near its western property line (Echo Lane). Tax map identification numbers for the four properties are: 53-A-81, 53-A-82, 5313-3-25 and 5313-3-24. The existing uses in the vicinity are relatively equal parts of residential, commercial, and open space. It is within the Round Hill Land Use Plan, as enacted in November 2007, and designated for business uses in the Comprehensive Plan. The anticipated completion date is Fall 2009. A. SUITABILITY OF THE SITE: (See Appendix VI: Existing Natural Conditions for delineations, if applicable, of the following subjects.) 1. 100 year flood plain: Per the latest FEMA Panel Number 510063 0115 B (July 17, 1978) there is no floodplain onsite. The closest flood plain to the site is associated with Abrams Creek approximately 450 ft behind the rear property line of the subject parcel parallel with the Winchester and Western Railroad tracks. 2. Wetlands: (See Appendix VII: Wetlands study by ECS) There are no wetlands onsite per a study conducted by ECS on a site visit November 26, 2007. 3. Steep slopes: The site is composed of primarily rolling topography over its area. There are small areas of steep slopes scattered around the site that are typically associated with rock outcroppings. There is approximately 34,848 sf (0.8 ac) of land in slopes of 15-25% and 4,356 sf (0.10 ac) of land in slopes of 25% and g reater. 4. Existing Vegetation Report: This site is primarily one of pastured farmland. There is no mature forest stand on this site. Most of the trees on this site are "advantageous" trees that re -seed readily in most environments. The total area of the canopy of vegetation onsite is approximately 72,550 sf (1.65 ac). Pasture land: -AREA (all areas are approximate) -OVERALL FOREST CONDITION: 10.47 acres The treed areas onsite are of a fair to poor quality. 2/3 of the trees are growing in areas that are noticeably rocky and the buttresses of the trees are molding around the rock. This starts a choking process in getting nutrients to the tree and many are dying due to this. Being a cattle field for many years, there is also much compacting of the soil from the cows. -CANOPY TREE SPECIES: -CANOPY TREE HEIGHT: -CANOPY TREE CALIPER RANGE -UNDERSTORY TREE SPECIES: -UNDERSTORY TREE HEIGHT: -UNDERSTORY TREE CAL. AVER. -MAJOR SHRUBS SPECIES: 5. Soils & Bedrock: Primarily black locust and tree -of -heaven (about the only two trees capable of tolerating the conditions)/ also includes eastern redcedar, Siberian elm, hackberry, and persimmon. Variable, but averages approximately 40-50' in height. 12-28" (See canopy trees) 15-25' 3-10" barberry, honeysuckle (shrub & vine), and various briars Prime Agricultural Soils: Two of the three soils on this site are deficient in some way when relating their usefulness to agriculture. The third soil is not actually a part of the site (per the Soil Survey of Frederick County by the USDA), but may be impacted as far as potential road improvements to Route 50 are concerned. The site is comprised of different types of silt loams with a tendency toward rock outcroppings. -6C - Carbo-Oaklet Silt Loams (2-15% sl), ±0.22 acres This soil type is poorly suited to cultivated crops. It is commonly used for pasture (although overgrazing increases runoff). This is due to the erosion common, soil clods common in tillage, and frequent rock outcrops. Fertility is medium and natural organic matter is low. -14C - Frederick-Poplimento Loams (7-15% sl), ±2.4 acres This soil type is considered moderately well-suited to cultivated crops. It is also used for pasture and hay uses. The limitation on growing crops in this soil is the chance for erosion. The subsoil extends to a depth of 60" or more. Given the chance for erosion, pasture uses would need to be limited to prevent excess compaction. This soil type can also contain areas of rock outcrops. This site does have areas of rock outcrops that are scattered particularly around the high points of the site where erosion over time, and pasture use, has worn away the soil. -17C - Frederick-Poplimento Rock Outcrop Complex (2-15% sl), ±0.020 acres This soil type is not considered well-suited to cultivated crops or hay (tillage is impractical). It can be used for pasture, but the erosion of this type of soil limits that use. The subsoil extends to a depth of 60" or more, but bedrock is also common at 60". Relation to development: Two of three types of soils are acceptable to development. There is much development in the area despite any limitations noted herein. -6C - Carbo-Oaklet Silt Loams (2-15% sl), ±0.22 acres Development is mainly limited with rock outcrops, shrink/ swell potential being high, and low permeability. -14C - Frederick-Poplimento Loams (7-15% sl), ±3.8 acres Development is mainly limited with clayey subsoil, shrink/ swell potential being high, low strength, moderate permeability, severe erosion, moderate slopes (up to ±20%), and some shallow bedrock. -17C - Frederick-Poplimento Rock Outcrop Complex (2-15% sl), ±0.020 acres Development is mainly limited with clayey subsoil, shrink/ swell potential being moderate, moderate permeability, medium surface runoff, severe erosion, moderate slopes (up to ±30%), and some shallow/ surface bedrock areas (visible onsite). Bedrock: Of note is that this area has been found to have the potential for sinkhole development. In a separate study by ECS, LLC, this subject is expanded upon further. Please see the "Preliminary Geotechnical Evaluation" in Appendix VII. R. SURROUNDING PROPERTIES & PROPOSED ARCHITECTURAL DESIGN (See Appendices II, III, & XII: Architectural Graphics) There are two existing neighborhoods that flank the subject property to the east and west. They feed into Stonewall Drive and Ward Avenue respectively. The neighborhood to the west (Stonewall) has been subdivided a number of times over the past 55 years; the latest house being built in 2005. The neighborhood to the east (Ward) has a similar background with houses dating from 1941-2005. All houses within these neighborhoods are single-family detached and vary extensively in type/ style due to the continual development. The lot sizes average '/ to Y2 acres and the zoning is RA. In addition to those existing RA developments, there are other adjacent and/ or nearby lots that have larger lot sizes and/ or different zoning categories. Adjacent and to the south is another RA -zoned property that is ±14.55 acres and includes an easement containing the Allegheny Power Sub -Station (access of which is obtained through the previously mentioned Echo Lane through the subject property). Also zoned RA in the vicinity of the site is the Candy Hill camping ground and the Farmers Livestock Exchange. Also adjacent to the subject property are two lots owned by United Bank (Marathon), one of which is zoned B2 and contains an existing bank facility. The other lot is zoned RA and has been used by United Bank as a buffer from other Ward Avenue lots. This parcel (53A-3-24) has been added to the rezoning application to enable a boundary line adjustment necessary to accommodate the proposed facility's primary entrance on Ward Avenue, which will be located on Parcel Number 53A-3-25. The BLA will be completed pursuant to rezoning approval. Nearby lots that are listed as 62 are the Courthouse Marriott and the properties associated with/ including the Walmart Supercenter. The nearby Citgo station, opposite the bank, is zoned RP. The proposed architecture of this assisted living facility will tie into its surroundings in an aesthetically pleasing way. While having the design ethic of a neighboring house, it will also share the size of its nearby business counterparts and fit within a future B2 zoned area. C. TRAFFIC IMPACT ANALYSIS: (See Appendix VIII: Traffic Impact Analysis) The TIA included (dated February 1 st, 2008), was performed by Gorove/ Slade Associates, Inc. Note that per a meeting with Lloyd Ingram of VDOT December 11, 2007, they do not want internal public access through this lot parallel to Route 50. D. SEWAGE CONVEYANCE AND TREATMENT: (See Appendix IX: Sewer & Water Exhibit) As mentioned in the introduction, the proposed facility property is fully contained within the Sewer and Water Service Area (SWSA) of Frederick County per the adopted Round Hill Land Use Plan into the Comprehensive Plan. Sewer to the site will be provided by Frederick County Sanitation Authority. There is an existing sewer line along Ward Avenue with service proposed for this site through an extension of approximately 280' of sewer line. The sewage will be treated at the Opequon Water Reclamation Facility, which has an overall capacity of 8.4 million gallons of water per day. The available capacity is currently ±60,000 gallons/ day per Earl Wiley, engineer for the Frederick County Sanitation Authority (FCSA). There are existing parcels north of Route 50 with reserved capacity and the Opequon Facility is expected to expand by 2011. Please reference the calculations below for both the water and sewer flow demands: Tvpical Demand: Number of Beds = 87 Average Daily Demand= 87 beds x 200 GPD/bed = ±17,400 GPD Peak Hour Demand: 17,400 GPD x 2.5 = ±43,500 GPD E. WATER SUPPLY: (See Appendix IX: Sewer & Water Exhibit) Water to the site will be provided by the James T. Anderson Water Treatment Plant, which has an overall capacity of 4.0 million gallons/ day (expandable to 6.0 mgd). Earl Wiley of FCSA has stated that there is no shortage of use available from this facility. There is currently no water main extending along either side of Route 50 (Northwestern Pike). This site will be served through the extension of approximately 280' of waterline along Ward Avenue. If requested, a water system analysis will be performed prior to site plan approval to determine if the existing 20" line on Ward Ave has adequate pressure and flow to meet the needs of the proposed site for both domestic and fire service although it is unlikely one will be needed. Water supply systems must be designed to supply 1,000 GPM at no less than 20 PSI per section 90.4 E Fire Prevention of the Frederick County General Code. Please reference Section D, Sewage Conveyance and Treatment for the demand flows for the water. F. DRAINAGE: (See Appendix VI: Existing Natural Conditions) Currently, approximately % of the site drains toward Route 50 storm drains (with eventual drainage into Abrams Creek). The back % of the site drains, via wide swale fingers, back to Abrams Creek. The grade along most of these swales is relatively gradual at <15%, with a few areas of steeper slopes. Preliminarily, one storm water management facility is anticipated near Route 50, as depicted. This location is subject to change with final site design/ engineering. G. SOLID WASTE DISPOSAL FACILITIES: The 87 beds and care uses within the Route 50 Health Services Facility property will be serviced via private carriers contracted by the property owners. An acceptable amount of waste/ person per Harvey E. Strawsnyder, Jr., P.E., Director of Public Works is 3.5#/ person/ day for this type of use. As such, the total waste would approximate: 87 people x 3.5#/ person = 305# total/ day H. HISTORIC SITES AND STRUCTURES: (See Appendix X: Historic Site tetter and Study) Per the Commonwealth of Virginia, Department of Historic Resources, there were no architectural or archeological sites onsite. I. IMPACT ON COMMUNITY FACILITIES: (See Appendix XI: Generalized Development Plan) The Route 50 Assisted Living Facility property is a project that accomplishes the Round Hill Land Use Plan guideline of developing commercial areas in which, "Commercial, medical support, medical officej... are important components of the RHLUP." This development will help the community as far as economic development is concerned. There are few small-scale assisted living facilities in the Winchester area and this proposed development will fill a void in particular within the Round Hill Community. Given the target group using this site, Frederick County Public Schools and parks & recreation will be affected very little. Police protection is also likely not to be impacted much on a daily basis. The one service that might be affected would be fire & rescue protection for ambulance transport, of which Winchester Medical Center is within '/2 mile of the proposed facility (see Appendix 1) and the Round Hill Fire & Rescue is approximately 1.0 mile away. This was a prime reason for choosing this location. As a result, the applicant has proffered a $10,000.00 contribution toward fire and rescue. Traffic Impact Analysis est H -UH HUNT Assed Living Frederick County, Virginia February 1, 2008 Prepared For: Bowman Consulting Group 124 East Cork Street Winchester, VA 22601 Prepared By: Gorove/Slade Associates, OROVE/SLADE ASSOCIATES, INC. 1140 Connecticut Avenue Suite 700 Washington, DC 20036 Tel: 202.296.8625 Fax: 202.785.1276 Gorove/Slade Associates, Inc. 3914 Centreville Road Suite 330 Chantilly, VA 20151 Tel: 703.787.9595 Fax: 703.787.9905 ADDITIONAL OFFICES: 651 Holiday Drive Suite 300 Pittsburgh, PA 15220 Tel: 412-928-1730 Fax: 412-928-1731 www.gorGvesiade.com 825 Chicago Avenue Suite D Chicago, IL 60202 Tel: 847.733.1390 Fax: 847.733.1391 This document, together with the concepts and designs presented herein, as an instrument of services, is intended for the specific purpose and client for which is was prepared. reuse of and improper reliance on this document without written authorization by Gorove/Slade Associates, Inc., shall be without liability to Gorove/Slade Associates, Inc. HH Hunt Assisted Livi Traffic Impact Analysis TABLE OF CONTENTS Listof Figures-----------------------------------------------------------------------------------------------------2 Listof Tables----------------------------------------------------------------------------------------------------- 2 Executive Summa------------------------------------------------------------- - - 3 ------------------ -- Introduction ---------------------------------------------------- Scope of Study----------.------------------------------------------------- 3 Existing Conditions (2008)-------------------------------------------------------------------------------------- 4 ExistingRoadway Network---------------------------------------------------------------------------------4 Existing Traffic Volumes------------------------------------------------------------------------------------ 4 Existing Conditions Capacity Analysis--------------------------------------------------------------------- 5 Future Conditions Without Development (Future Background 2010) -------------------------------------7 Planned Roadway Improvements--------------------------------------------------------------------------- 7 Future Conditions without Development Traffic Volumes -------------------- --------- 7 Future Conditions without Development Capacity Analysis--------------------------------------------- 8 Future Conditions With Development (Total Future 2010) ----------------------------------------------- 10 SiteDescription-------------------------------------------------------------------------------------------- 10 SiteAccess-------------------------------------------------------------------------------------------------- 10 Site Generated Volumes----------------------------------------------------------------------------------- 10 Directional Distribution, Trip Assignment, and Total Future Traffic Volumes---------------------- 11 Total Future Capacity Analysis--------------------------------------------------------------------------- 13 Warrant Analyses- Right Turn Lane-------------------------------------------------------------------------- 15 Pedestrian and Bike Facilities on Site------------------------------------------------------------------------- 16 Queuing analysis (201 0) ----------------------------------------------------------------------------- 16 Conclusions----------------------------------------------------------------------------------------------------- 17 February 1, 2008 HH Hunt Assisted Livin raffic Impact Analysis LIST OF FIGURES Figure 1: Regional Map and Site Location............................................................. , ........... 2 Figure 2: Existing (2008) Conditions................................................................... . ........... 6 Figure 3: Future Conditions without Development (2010)., . .................................................. 9 Figure 4: Site Generated PM/SAT Peak Hour Traffic Volumes ..................... . . . ........... . ..........12 Figure 5: Future Conditions with Development (2010)........................................................14 LIST OF TABLES Table 1: Existing (2008) Intersection Capacity Analysis......................................................... 5 Table 2: Future Conditions without Development (2010) Intersection Capacity Analysis ................ 8 Table 3: Proposed Site Trip Generation (2010).................................................................10 Table 4: Future Conditions with Development (2010) Intersection Capacity Analysis .......... . ........ 13 Table 5: Warrant Analysis for Right Turn Lanes ..... ........................................................... 15 February 1, 2008 HH Hunt Assisted Livi, Traffic Impact Analysis - 131 EXECUTIVE SUMMARY The following report presents the findings of a traffic impact analysis for the proposed HH Hunt Assisted Living development in Frederick County, Virginia. The site is located just outside the city of Winchester along the south side of Route 50 (Northwestern Pike) bounded by Echo Lane to the west and Ward Avenue/ Botanical Boulevard to the east. The proposed HH Hunt development plan consists of approximately 84 beds for assisted living housing. The development will have primary access from Ward Avenue and a secondary limited access from Route 50 (Northwestern Pike). The project is scheduled to be built -out by the year 2010. The analysis presented in this report supports the following major conclusions: Existing Conditions (2008) ■ No mitigations are required at the study intersections under the existing conditions based on the criteria set forth by the Virginia Department of Transportation (VDOT) (LOS D or better per lane group). Future Conditions without Development (Future Background 2010): ■ No mitigations are required at the study intersections under the future conditions without development scenario based on the criteria set forth by the Virginia Department of Transportation (VDOT) (LOS D or better per lane group). Future Conditions with Development (Total Future 2010): ■ The projected site trips for the assisted living development will have a negligible impact on the roadway network within the vicinity of the site. ■ The HH Hunt development during the peak traffic hours will generate: ❑ Approximately 25 trips during the PM peak Hour (13 in and 12 out) and 34 Saturday peak hour trips (18 in and 16 out), ❑ Approximately 1 trip every 2 minutes will travel along Route 50 (Northwestern Pike) in the PM and Saturday peak hours. ■ All intersections operate at an acceptable level of service based on the criteria set forth by the Virginia Department of Transportation (VDOT) (LOS D or better per lane group). February 1, 2008 HH Hunt Assisted Lig • Traffic Impact Analysis INTRODUCTION This report presents the findings of a traffic impact analysis for the proposed HH Hunt Assisted Living development in Frederick County, Virginia. The site is located just outside the City of Winchester along the south side of Route 50 (Northwestern Pike) bounded by Echo Lane in the west and Ward Avenue/ Botanical Boulevard to the east. The general location of the site is indicated in the regional map found in Figure 1. The proposed assisted living development plan consists of approximately 84 beds for assisted living housing. Two (2) access points to the proposed site will be provided. The primary site drive is along Ward Avenue, just south of the intersection of Route 50 (Northwestern Pike) with Ward Avenue. The secondary site drive is located along Route 50 (Northwestern'Pike) along Echo Lane (Limited Access). The development site is currently zoned as a Rural Area (RA). A rezoning of the property to B2 is being proposed for the assisted living residential development. The following tasks were undertaken as part of this study in accordance with direction received from VDOT staff in a scoping meeting held on January 17, 2008: ■ Field reconnaissance in the vicinity of the site was performed to collect information related to existing traffic controls, roadway geometry, and traffic flow characteristics; ■ Traffic counts were conducted on Thursday, January 10, 2008 and Saturday, January 12,2008 during the afternoon and Saturday peak hours at the intersections located within the study area; t Future traffic conditions were projected based on inherent traffic growth of two percent compounded annually over a two-year period to account for regional development along the roadway network along with the trips generated from the background development within the vicinity of the study area and the proposed site plan. ■ Site traffic volumes were generated based on the methodology outlined in the Institute of Transportation Engineers' (ITE) Trip Generation, 7t'' Edition. The ITE Trip generation rate for assisted living developments is approximately 4 trips per day per bed. Intersection capacity analyses were performed using Synchro, version 6.0 based on the Highway Capacity Manual methodology. Traffic analyses were performed for the existing conditions (2008), future conditions without development (Future Background 2010), and future conditions with development (Total Future 2010) at the intersections and roadway segments contained within the study area. Sources of data for this study include Frederick County, VDOT, and the office files and field reconnaissance efforts of Gorove/Slade Associates, Inc. February 1, 2008 1 HH Hunt Assisted Livi. Traffic Impact Analysis Figure 1: Regional Map and Site Location February 1, 2008 2 Miry=itlrR w ,_ .:c •522, _. Rnarid Hill _- -- - C � i r 1 Hill rr.rif''r�, -� �r y 3t�ti`iig Kt.❑tis 522, - - F-ieiyki 50 t3�rtiL m -=v- Winchester G 1t-ir�..r Alt�t V' f7 �C �l'�{ 'fF' 17 jitt+ �a:rrrati I V 6 F G i Pt i A _ k2 tEt February 1, 2008 2 HH Hunt Assisted Livi. Traffic Impact Analysis Scope Of ,Study The following intersections were identified for inclusion in this study: Route 50 (Northwestern Pike) and Echo Lane; ° Route 50 (Northwestern Pike) and Ward Avenue/ Botanical Boulevard; a All site driveways associated with the proposed site. This report presents the findings of analyses performed for the following conditions: ■ Existing Conditions (2008): Consider existing traffic volumes and existing roadway configurations during the weekday evening and Saturday peak hours. ■ Future Conditions without Development (Future Background 2010: Consider future traffic conditions resulting from inherent traffic growth, but do not include volumes generated by the proposed HH Hunt Assisted Living development. Future Conditions with Development (Total Future 2010: Consider future traffic volumes with the background growth and traffic generated by the proposed site. The results of the analysis and the traffic impacts associated with the proposed development plan are presented in the Conclusion section of this report. February 1, 2008 3 HH Hunt Assisted Livin Fraffic Impact Analysis c EXISTING CONDITIONS (2008) Existing Roadway lVetwork A description of the major roadways within the immediate vicinity of the site is presented below: • :route 50 (Northwestern Pike) is a four -lane, divided roadway with posted speed limit of 35 mph in the vicinity of the site. • Echo Lane is a two-lane, undivided roadway. There is no median break at the intersection of Echo Lane. Hence, the northern and southern approaches have a right -in right -out access. ■ Ward Avenue is a two-lane, undivided roadway. There was no posted speed limit sign in the vicinity of the site. ■ Botanical Boulevard is a four -lane, undivided roadway with a posted speed limit of 35 mph in the vicinity of the site. Figure 2 illustrates the local roadway network with the existing intersection lane uses and traffic control devices. Existing Traffic Volumes In order to determine the peak hour turning movement traffic volumes, traffic counts were conducted on Thursday, January 10, 2008 from 4:00 PM to 7:00 PM and on Saturday, January 12, 2008 from 11:00 AM to 2:00 PM. Analysis of the existing traffic data determined that the weekday afternoon peak hour occurred from 4:45 PM to SAS PM and the Saturday peak hour occurred from 12:45 PM tc 1:45 PM. The existing peak hour traffic volumes for the intersections contained within the study area are shown in Figure 2. The existing turning movement counts are included in the Technical Appendix. February 1, 2008 4 HH Hunt Assisted Livi, Traffic Impact Analysis Existing Conditions Capacity Analysis Intersection and roadway capacity analyses were performed for the existing conditions at the intersections and roadway segments contained within the study area during the afternoon and Saturday Pak -hours. Si nrhrn vorsion 5.0 was used to analyze the stud ;rater sections based on the i i hwa p� ;�.__., y y Capacity Manual methodology. The results of the intersection capacity analyses are presented in Tabie 1, and are expressed in level of service (LOS) and delay (seconds per vehicle) per lane group. Figure 2 illustrates the results graphically. Table 1: Existing (2008) Intersection Capacity Analysis Existing Conditions Intersection (Lane Group) PM Peak Hour SAT Peak Hour Level of Delay Level of Delay Service (sec/veh) Service (sec/veh) Route 50 and Echo Lane Drive (Unsignalized*) Northbound Right A 0.0 A 0.0 Southbound Right A 9.1 A 9.7 Route 50 and Ward Avenue/Botanical Boulevard (Signalized) Overall A 8.6 A 8.8 Eastbound Left D 45.5 D 51.9 Eastbound Through A 7.6 A 8.2 Eastbound Right A 6.0 A 5.6 Westbound Left D 45.6 D 50.7 Westbound Through A 6.2 A 6.6 Westbound Right A 4.9 A 5.0 Northbound Left/Through D 43.2 D 49.5 Northbound Right D 42.2 D 48.1 Southbound Left A 0.0 D 49.0 Southbound Left/Through A 0.0 D 49.1 Southbound Right D 44.4 D 48.5 * There is no median break at the intersection of Echo Lane with Route 50. Hence, the northern and southern approaches have a right -in right -out access According to VDOT guidelines on traffic operations performance, it is desirable to achieve a LOS D or better per lane group. The results presented in the Table 1 conclude that: ■ No mitigations are required at the study intersections under the existing conditions based on the criteria set forth by the Virginia Department of Transportation (VDOT) (LOS D or better per lane group). February 1, 2008 5 HH Hunt Assited Living elopment Figure 2 Existing (2008) Conditions February 1, 2008 Existing Lane Configuration and Traffic Control m -r Route 50 Northwestern Pike LEGEND Existing Conditions -----� -- Lane configuration Traffic Signal i Stop Sign Q 3 Existing PM/SAT Peak Hour Traffic Volumes M c`oo QN' P L2/13 wo L 0/o - o o m —831/1046 IoI J! 4 —851/lo69 J 1 L'40/17 Route 50 Northwestern Pike o/o -j 2n -J r 7613/966— 727/919- 27/919-39/40--1 39/40--1 o io m w LEGEND X00/00 Peak HourTraffic ¢' --00/00 Volumes a ,-00/00 Existing PM/SAT Peak Hour Levels of Service m 000 �A/A 3 o �AA/A 3 j m D/D Route SO Northwestern Pike �A 4 D/D m as A/Ar_— A/A� oe 00 w LEGEND L MA Peak Hour Level of Service E 3 Figure 2 Existing (2008) Conditions February 1, 2008 HH Hunt Assisted Livi Traffic Impact Analysis FUTURE CONDITIONS WITHOUT DEVELOPMENT (FUTURE BACKGROUND 2010) Planned Roadway improvements There are no planned roadway improvements in the area. Future Conditions without Development Traffic Volumes The construction of the proposed assisted living development is anticipated to be complete in 2010. Typically, future traffic volumes are projected by increasing existing traffic volumes to the build -out year using a growth rate based on historical traffic growth. Based on historical data obtained from VDOT, an inherent growth rate of two (2) percent per year over a two-year period, or a total increase of 4.04% was applied to the existing traffic volumes along Route 50. The Valley Health Systems, Degrange Property and WWW Property sites were the approved developments identified at the scoping meeting with VDOT and the County. These approved developments are located in close proximity of the proposed Assisted Living Facility, north of Route 50 (Northwestern Pike). The traffic studies for these approved developments were prepared by PHR+A, and were utilized in order to calculate the trip generation and distribution. The trip generation tables and distribution for the approved developments is attached in the appendix section of the report. The trips generated by the background approved developments along with the inherent growth were added to the existing volumes to estimate the future volumes without development as illustrated in Figure 3. February 1, 2008 7 HH Hunt Assisted Livia_ Traffic Impact Analysis Future Conditions without Development Capacity Analysis Intersection capacity analyses were performed for the future background conditions at the intersections and roadway segments contained within the study area during the afternoon and Saturday peak hours. Synchro, version 6.0 was used to analyze the study intersections based on the Highway Capacity Manual methodology. The results of the intersection capacity analyses are presented in Table 2 and Figure 3. The detailed analysis worksheets are contained in the Technical Appendix. Table 2: Future Conditions without Development (2010) Intersection Capacity Analysis Intersection (Lane Group) Future Conditions Without Development PM Peak Hour SAT Peak Hour Level of Delay Level of Delay Service (sec/veh) Service (sec/ve Route 50 and Echo Lane (Unsignalized*) Northbound Right A 0.0 A 0.0 Southbound Right A 9.1 A 9.5 Route 50 and Ward Avenue/Botanical Boulevard (Signalized) Overall B 17.5 C 28.8 Eastbound Left D 46.2 D 41.9 Eastbound Through B 15.9 D 36.6 Eastbound Right A 9.3 B 14.2 Westbound Left D 47.7 D 42.3 Westbound Through B 13.3 C 20.6 Westbound Right B 11.2 B 13.5 Northbound Left/Through D 45.7 D 37.8 Northbound Right D 44.8 D 37.0 Southbound Left D 44.0 C 33.2 Southbound Left/Through D 44.0 C 33.3 Southbound Right D 41.4 C 25.2 * There is no median break at the intersection of Echo Lane with Route 50. Hence, the northern and southern approaches have a right -in right -out access As mentioned earlier in the report, it is desirable to achieve a LOS D or better per lane group. The results in Table 2 conclude that: ■ All study intersections operate at an acceptable level of service under the future conditions without development scenario. February 1, 2008 - 8 HH Hunt Assisted Livin( velopment = Future Background Lane Configuration and Traffic Control m L -� Route SD (Northwestern Pike LEGEND «�. Existing Conditions L a -- Lane Configuration f,,,�— Traffic Signal i stop Sign d Q Future Background PM/SAT Peak Hour Traffic Volumes io !�2E ° L 207/97 1053/1487 J I L 1104/16D8 J! L 42/18 Route SO Northwestern Pike 0/0 62/116—J r 1312/1512 — 1209/1354— 1/0-1 41 /42 T2 o m m w LEGEND �00%00 Peak HourTraffic 00/00 Volumes E Future Background PM/SAT Peak Hour Levels of Service m UUU 13/13Q 00 j Vp a �B/C J k Route 50 Northwestern Pike oro r D/D U 3 B/D� A/B 00 00 on LEGEND Peak Hour Level of SMA Service m 3 Figure 3 Future Conditions without Development (2010) February 1, 2008 HH Hunt Assisted Livir,_ i raffic Impact Analysis FUTURE CONDITIONS WITH DEVELOPMENT (TOTAL FUTURE 2010) Site Description The proposed HH Hunt Assisted Living development is located just outside the city of Winchester along the south side of Route 50 (Northwestern Pike) bounded by Echo Lane to the west and Ward Avenue/ Botanical Boulevard to the east. The proposed development plan consists of approximately 84 beds for assisted living housing_ The development will have primary access from Ward Avenue and a secondary limited access from Route 50 (Northwestern Pike). The project is scheduled to be built -out by the year 2010. Site Access Two access points to the proposed site will be provided. The primary site drive will be along Ward Avenue (Full Access), whereas the existing right -in right -out access (Echo Lane South) along Route 50 (Northwestern Pike) will form the secondary site drive (limited access). Site Generated Volumes In order to calculate the trip generation for the proposed development, the ITE's Trip Generation, 7th Edition publication was used to determine the trips into and out of the proposed site for the weekday afternoon and Saturday peak hours as well as for the entire day. Table 3 presents the new trips generated by the proposed site. Table 3: Proposed Site Trip Generation (2010) Total Future Trip Generation Land Use ITE Code Size PM Peak Hour SAT Peak Hour Daily In Out Total In Out Total Total Assisted Living 254 84 Beds 13 12 25 18 16 34 231 Total Site Trips 13 12 25 18 16 34 231 February 1, 2008 10 HH Hunt Assisted Livii. Traffic Impact Analysis AMMWM MMMWOM Directional Distribution, Trip Assignment, and Total Future Traffic Volumes The distribution of the proposed site trips was based on existing volumes and anticipated traffic patterns. Based on the location of the proposed site and the existing traffic data, the inbound and outbound trips calculated for the weekday morning and afternoon peak hours were routed in the roadway network to the site based on the direction of approach assumptions presented below: Direction of Approach: 15 Route 50 (west of Echo Lane) = 10% M Route 50 (east of Ward Avenue) = 90% Number of vehicles entering and exiting the site entrances: Inbound (PMPH/SATPH) ® Primary site drive (Ward Avenue) = 12 /16 (90%) Secondary site drive (Echo Lane) = 112 (10%) � Outbound (PMPH/SATPH) ■ Primary site drive= 5/6 (40%) a Secondary site drive =7/10(60%) The site traffic assignment for the weekday morning and afternoon peak hours is illustrated in Figure 4. The proposed site trips were added to the future background volumes in order to establish the total future 2010 traffic volumes, and are shown in Figure 5. February 1, 2008 11 HH Hunt Assited Living elopment =°x= Total Future Lane Configuration and Traffic Control - L ®� -� Route 50 Northwestern Pike LEGEND ®Existing Conditions Lane Configuratlon Traffic Signal 1 i Stop Sign d Q 3 90% 10% —' LEGEND 00/DO Peak HourTrafC 00/00 Volumes (--00/00 Background Site Generated Traffic Volumes a m c L o/o 0 J 1 L -1/2 Route 50 Northwestern Pike J 1 L (-12/16 0/0 -j r' 0/0 -1 -� I r 0/0—. 112-� _ � n 7/10- /10-1/2 0/0--j o a N� �O LEGEND X00/00Site Traffic Volumes 5/6-1Q , 00/00 0/0 a o 0 00/00 o 0 Figure 4 Site Generated PM/SAT Peak Hour Traffic Volumes February 1, 2008 HH Hunt Assisted Livia Traffic Impact Analysis Total Future Capacity Analysis Intersection capacity analyses were performed for the total future 2010 traffic conditions at the intersections and roadway segments contained within the study area during the morning and afternoon peak hours. Synchro, version 6.0 was used to analyze the study intersections based on the Highway Capacity Manual methodology. The results of the intersection capacity analyses for the total future conditions are presented in Table 4. The detailed analysis worksheets are contained in the Technical Appendix. Table 4: Future Conditions with Development (2010) Intersection Capacity Analysis Intersection (Lane Group) Future Conditions With Development PM Peak Hour SAT Peak Hour * There is no median break at the intersection of Echo Lane with Route 50. Hence, the northern and southern approaches have a right -in right -out access As mentioned before, it is desirable to achieve a LOS D or better per lane group. The results in Table 4 conclude that: ® All the study intersections would operate at acceptable levels of service. ■ The proposed HH Hunt Assisted Living development will generate approximately 1 trip/ 2 minutes along Route 50 (Northwestern Pike) in the PM and Saturday peak period respectively. 'Figure 5 shows the results graphically. February 1, 2008 13 Level of Delay Level of Delay Service (sec/veh) Service (sec/veh) Route 50 and Echo Lane (Unsignalized*) Northbound Right B 14.8 C 16.8 Southbound Right A 9.1 A 9.6 Route 50 and Ward Avenue/Botanical Boulevard (Signalized) Overall B 18.1 C 34.0 Eastbound Left D 44.8 D 50.4 Eastbound Through B 16.7 D 39.5 Eastbound Right A 9.7 B 15.4 Westbound Left D 47.0 D 44.1 Westbound Through B 13.7 C 28.3 Westbound Right B 11.5 B 18.0 Northbound Left/Through D 45.2 D 41.8 Northbound Right D 44.2 D 40.8 Southbound Left D 43.5 D 36.8 Southbound Left/Through D 43.4 D 37.0 Southbound Right D 40.9 C 27.9 Site Drive (Full Access) and Ward Avenue (Unsignalized) Eastbound Left/Right A 9.2 A 9.0 Northbound Through A 0.0 A 0.0 * There is no median break at the intersection of Echo Lane with Route 50. Hence, the northern and southern approaches have a right -in right -out access As mentioned before, it is desirable to achieve a LOS D or better per lane group. The results in Table 4 conclude that: ® All the study intersections would operate at acceptable levels of service. ■ The proposed HH Hunt Assisted Living development will generate approximately 1 trip/ 2 minutes along Route 50 (Northwestern Pike) in the PM and Saturday peak period respectively. 'Figure 5 shows the results graphically. February 1, 2008 13 HH Hunt Assisted Livinf velopment - Total Future Lane Configuration and Traffic Control m -r Route 50 Northwestern Pike i m LEGEND IzMing Conditionso �`I{ t- --- Lane ConFiguratlan t Traffic Signal StoP Sign m t..... - Site Improvements Q 3 Total Future PM/SAT Peak Hour Traffic Volumes Total Future PM/SAT Peak Hour Levels of Service m 000 B t-- B/B 000 a j m B/C f it ` D/D Route 50 Northwestern Pike B/C r D/D 0 B/D � m Nr p ❑❑ W LEGEND —AA Peak Hour Level of a' Service p � 3 Figure 5 Future Conditions with Development (2010) February 1,2008 14 + —1105/1609 o �3 Route 50 Northwestern Pike L207/97 1053/1487 54/34 0/0 -1 F62/116 -J 1 F 1312/1512 -- 212-1 1 1216/1354— 41 /42 U) n m 0 N W r LL] Nm �r LEGEND • �- 00/00 5/6-J a; n Peak HourTraffic DOM Volumes 0/0�v a (--00/00 d Total Future PM/SAT Peak Hour Levels of Service m 000 B t-- B/B 000 a j m B/C f it ` D/D Route 50 Northwestern Pike B/C r D/D 0 B/D � m Nr p ❑❑ W LEGEND —AA Peak Hour Level of a' Service p � 3 Figure 5 Future Conditions with Development (2010) February 1,2008 14 HH Hunt Assisted Livii, Traffic Impact Analysis WARRANT ANALYSES- MIGHT TURN LANE Right turn warrant analyses were reviewed for the right -in right -out site entrance along Route 50 (Northwestern Pike). Based on Virginia Department of Transportation ,(VDOT) Road Design Manual, warrant analysis for right turn lane was performed. at the proposed driveways to determine if a right turn lane is required. It should be noted that the VDOT Road Design Manual provides a guideline for left -turn and right -turn facilities to be considered on four -lane highways. Table 5 presents the results of this analysis. Table 5: Warrant Analysis for Right Turn Lanes Approach Right Turn Right Turn Warrant Analysis Intersection Volume Volume PM SAT PM SAT PM Right Turns SAT Right Turns Route 50 and Secondary Site Drive 1314 1514 2 2 Right turn lane Right turn lane (RIRO) not required not required Notes: 1. Source: VDOT Road Design Manual (Table C•1.9). 2. Warrant Analysis is based on the future with development (2010) volumes As shown in Table 5, right turn lane or taper is not required at the intersection of Route 50 (Northwestern Pike) with Secondary Site Drive (BIRO). The VDOT Subdivision and Commercial Entrance Spreadsheet for the Edinburg District for four lane divided highways was also used in order to check the requirement for a right turn lane. The spreadsheet revealed that a right turn lane is required at the entrance. The Subdivision and Commercial Entrance Worksheet recommends turn lanes based on a combination of factors such as Posted Speed Limit, Highway Traffic Volume etc. The factors taken into consideration are translated into points, which are tallied in order to come up with the recommendations. The traffic volume data i.e. existing as well as site generated (VPD's) is also converted into points based on the range in which they fit in. The ranges in which traffic volumes are evaluated is depicted in increments of 500 VPD's, starting from 0 working up to 6,000. The Subdivision and Commercial Entrance Worksheet is therefore very generic in structure as compared to the VDOT Road Design Manual Guidelines. The VDOT Road Design Manual guidelines are very specific, especially for right turn bay analysis. The recommendations are based on the specific peak hour volumes for approaches and especially right turns. Based on the above information coupled with the fact that the Secondary Site Drive (RIRO) has a projected peak hour volume of approximately 2 vehicles turning right in the peak hour, a right turn bay is not recommended at this Site Entrance. The detailed analysis worksheets are provided in the technical appendix. February 1, 2008 15 HH Hunt Assisted Livir, i raffic Impact Analysis PEDESTRIAN AND BIKE FACILITIES ON SITE For non -vehicular transportation features on the site, please refer to the concept plan prepared b) Bowman Consultants that will accompany this report. QUEUING ANALYSIS (2010) Queuing analyses were performed at the existing and proposed intersections contained within the vicinity of the proposed development to determine any queuing issues under future traffic conditions (2010). The queuing analyses were performed using Synchro, version 6.0. The queuing analyses results are expressed in terms of the 95'' percentile and 50h percentile queue length (in feet). The 50`h percentile queue length is the average queue length observed during the peak hour. The 95"' percentile queuing results show the worst-case scenario and has the probability of occurring approximately once in the peak hour. Hence, for design purposes, the 50�' percentile queue results are representative of the actual conditions. The queuing analysis results table and worksheets are included in the Technical Appendix. February 1, 2008 — 16 HH Hunt Assisted Livin, raffic Impact Analysis ED CONCLUSIONS This report presents the findings of a traffic impact analysis for the proposed HH Hunt Assisted Living development in Frederick County, Virginia. The site is located just outside the city of Winchester along the south side of Route 50 (Northwestern Pike) bounded by Echo Lane to the west and Ward Avenue/ Botanical Boulevard to the east. The proposed HH Hunt development plan consists of approximately 84 beds for assisted living housing. The development will have primary access from Ward Avenue and a secondary limited access from Route 50 (Northwestern Pike). The project is scheduled to be built -out by the year 2010. The analysis presented in this report supports the following major conclusions: Existing Conditions (2008) r No mitigations are required at the study intersections under the existing conditions based on the criteria set forth by the Virginia Department of Transportation (VDOT) (LOS D or better per lane group). Future Conditions without Development (Future Background 2010): ■ No mitigations are required at the study intersections under the future conditions without development scenario based on the criteria set forth by the Virginia Department of Transportation (VDOT) (LOS D or better per lane group). Future Conditions with Development (Total Future 2010): ■ The projected site trips for the assisted living development will have a negligible impact on the roadway network within the vicinity of the site. ■ The HH Hunt development during the peak traffic hours will generate: ❑ Approximately 25 trips during the PM peak Hour (13 in and 12 out) and 34 Saturday peak hour trips (18 in and 16 out). ❑ Approximately 1 trip every 2 minutes will travel along Route 50 (Northwestern Pike) in the PM and Saturday peak hours. ■ All intersections operate at an acceptable level of service based on the criteria set forth by the Virginia Department of Transportation (VDOT) (LOS D or better per lane group). February 1, 2008 17 • • �7 CONDITIONAL USE PERMIT #09-08 1GK ' ooG SHENANDOAH MOBILE COMPANY w Staff Report for the Planning Commission Prepared: September 16, 2008 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 09/03/08 Planning Commission: 10/01/08 Board of Supervisors: 10/22/08 Action Tabled 45 days by Planning Commission Pending Pending LOCATION: This property is located at 1203 Redbud Road (Route 661). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55 -A -129A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Residential PROPOSED USE: This application is for a 195 -foot Commercial Telecommunications Facility. REVIEW EVALUATIONS: Virlzinia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 661, the VDOT facility which would CUP #09-08, Shenandoah Mobile Company September 16, 2008 Page 2 provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. 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 a.nd Rescue: Plan approval recommended. Inspections Department: Building permit required for construction of telecommunications tower. Structure shall comply with The Virginia Uniform Statewide Building Code, use group U (Utility and Miscellaneous) of The International Building Code 2003. Structured plans submitted for permit application shall be sealed by a VA Licensed Design Professional for antenna attachment. Please note the requirements in Chapter 17 Special Inspections for this type structure, soils, concrete, bolts, etc. Note: All Chapter 1 VUSBC min. inspections shall be conducted by the Frederick County Inspections Staff. Request to utilize a third party inspection agency that complies with the Frederick County policy shall have prior approval granted by the Building Code Official. Winchester Regional Airport: We reviewed the FAA Determination of No Hazard to Air Navigation dated March 12, 2008 in which the FAA has stated that marking and/or lighting will not be required by their agency. However, due to air medivac operations throughout the County and given that the site is within the Winchester Regional Airport's airspace, the Winchester Regional Airport Authority is requesting that lighting be installed and maintained in accordance with FAA Advisory circular 70/7460-1K Change 2 as a condition for approval of this CUP. Applicant is required to file with the Virginia Department of Aviation and applicant should send a copy of the FAA Aeronautical Study and a quadrangle map showing the proposed tower location for their review and comment. Federal Aviation Administration: This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following conditions(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency (ies) and power. Any changes in coordinates, heights and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studies structure requires separate notice to the FAA. This determination concerns the effect of this structure on the sale and efficient use of navigable airspace by aircraft and does not relieve the sponsor of CUP #09-08, Shenandoah Mobile Company September 16, 2008 Page 3 compliance responsibilities relating to any law, ordinance or regulation of any Federal, State or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. Historic Resources Advisory Board: HRAB considered several of the potential benefits and impacts of the proposal, including the tower's possible impact: as related to the designated Scenic Byway as indicated on the FCC coverage map; on the entire area's viewshed; as related to the potential increase in coverage area as indicated on the FCC coverage map; as related to the potential increase in coverage levels and capacity within the area surrounding the tower, as shown on the applicant's coverage analysis map. The group also considered the applicant's explanation for ruling out possible co -location sites within the wider area, and the aesthetic measures that the applicant had recommended for mitigating the visual impact of the proposed tower. Ultimately, the HRAB felt that the benefits, in terms of additional coverage levels as shown in the applicant's coverage map, did not warrant the cost of the proposed tower's impact on the area's viewshed. Planning and Zoning: This Conditional Use Permit (CUP) is for a proposed 195 foot monopole -type commercial telecommunication facility. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved CUP. The Frederick County Zoning Ordinance specifies that commercial telecommunication facilities may be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, land use patterns, scenic areas and properties of significant historic values. The 2007 Comprehensive Policy Plan of Frederick County provides additional guidance when considering Conditional Use Permits. (See map 1) This proposed commercial telecommunication facility is located outside the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA), but is located within the Northeast Land Use Plan (NELUP) as indicated in the 2007 Comprehensive Policy Plan of Frederick Co un . The NELUP component of the Comprehensive Policy Plan identifies Developmentally Sensitive Areas (DSA) located adjacent to and surrounding this site. The objectives of NELUP, as related to Developmentally Sensitive Areas, are to indentify appropriate locations, to protect potentially significant historic resources as identified by the Frederick County Rural Landmarks Survey, and to ensure the Historic Resources Advisory Board (HRAB) reviews all land development proposals which impact the identified DSA. This proposed site is located along Redbud Road (Route 661), which has been designated as a Virginia Byway, approved by the Board of Supervisors on June 9, 2004. The designation of this road as a byway takes into consideration the scenic landscape, historic civil war battlefields, and environmentally significant nature of the area. The general surrounding area of this proposed site contains sites of significant historical importance. These sites include the Third Winchester Battlefield, Hackwood, and Milburn Road. All three of these sites are approximately one mile CUP #09-08, Shenandoah Mobile Company September 16, 2008 Page 4 from this proposed 195 foot monopole -type commercial telecommunication facility and may have a negative scenic impact on the aforementioned properties. This proposed use may also have a negative impact along Redbud Road Virginia Byway, the proposed Redbud Trail Greenway and within the Redbud Agricultural and Forrestal District, which includes this property. Frederick County has traditionally a higher expectation for land use actions with regards to properties located in its rural areas, scenic areas, along byways, and adjacent to DSA's. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. Staff would note the subject property where this proposed 195 foot monopole -type commercial telecommunication facility will be located may not be consistent with the goals of the 2007 Frederick County Comprehensive Policy Plan; specifically, land use goals identified and established by the Northeast Land Use Plan (NELUP). Careful consideration of this CUP may be warranted in maintaining the goals set forth of NELUP plan. Background: The Frederick County Zoning Ordinance requires the applicant to provide confirmation that an attempt to collocate on an existing telecommunication facility and possible collocation structures in the proposed service area. This proposed 195 foot monopole -type telecommunication facility will be located on a 33 acre site on Redbud Road (Route 661). The applicant has provided an inventory of existing telecommunication facilities and possible co - location structures in the area. (See maps 2 - 4) Staff does not concur with the applicant that there are eligible existing facilities, or appropriate structures available for collocation in this general area. Staff has identified possible collocation sites within a three (3) mile radius of this proposed site. (See map 5) These possible sites may demonstrate satisfactory coverage in this area of the County. Therefore, the maps provided within the application, analyzing coverage need in this area may be insufficient to determine the adequacy of the search area, existing coverage, co -location structures, and capacity of the licensee holder in the vicinity of the proposed facility. STAFF CONCLUSIONS FOR THE 09/03/08 PLANNING COMMISSION MEETING: This request is not in conformance with 2007 Comprehensive Policy Plan of Frederick County and the impacts associated with this request cannot be mitigated. However, should the Planning Commission find this use appropriate, this proposed commercial telecommunication facility will be in conformance with Section 704 of the Telecommunication Act of 1996. Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. CUP #09-08, Shenandoah Mobile Company September 16, 2008 Page 5 4. The tower shall be removed by the applicant or property owner within twelve (12 ) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/03/08 MEETING: The applicant's representatives spoke about the collocation issue and they would prefer to collocate when they are able; they commented that construction of a tower is a huge investment and involves leasing and operating expenses. They noted the various structures within this area where they are currently collocating. The applicant's representatives considered the school site mentioned by the staff, but stated that it did not propagate well enough to meet their needs. They contended there was a demonstrated need for cell phone and broad band improvements in this particular area. Two adjoining property owners and one nearby resident spoke during the public comment portion of the public hearing. The concerns raised included health issues, the destruction of the viewshed along a designated Virginia Scenic Byway, the proposed location was within the Red Bud Agricultural and Forestal District, the local residents already have good cellular phone usage, the fact that local residents have gone to great lengths to preserve the rural nature of their community and this structure will not be in keeping with the rural and scenic nature of this part of the County. Members of the Commission believed the proposed tower location was too close to the DSA and a designated Virginia Byway; they agreed with the recommendations from the HRAB that the benefits in terms of additional coverage levels as shown on the applicant's coverage map did not warrant the cost of the proposed tower's impact on the area's viewshed; they also agreed with the staff's conclusions that the request was not in conformance with the Comprehensive Policy Plan, and the impacts cannot be mitigated. Commission members also mentioned the applicant had not provided convincing evidence that the tower was a necessity at this location. A motion recommending denial was made and seconded, but the motion failed due to the following tie vote: YES (TO REC. DENIAL): Unger, Watt, Manuel, Ruckman, Kriz NO: Ambrogi, Wilmot, Thomas, Kerr, Mohn CUP #09-08, Shenandoah Mobile Company September 16, 2008 Page 6 ABSTAIN: Oates A new motion was made and seconded to recommend approval with an amendment to Condition 46 correcting the terminology of the text to, "A Virginia registered professional engineer...," instead of, "A certified Virginia engineer..." This motion failed, however, due to the following tie vote: YES (TO REC. APPROVAL): Ambrogi, Wilmot, Thomas, Kerr, Mohn NO: Unger, Watt, Manuel, Ruckman, Kriz ABSTAIN• Oates A Commission member commented that many of the concerns that were raised centered on the fact that the applicant had not proven the tower is needed and given the opportunity to address this issue, some of the votes may change. Therefore, a motion was made and seconded to table 45 days to provide the applicant the opportunity to gather further information on this issue. This motion passed by a majority vote, as follows: YES (TO TABLE): Ambrogi, Manuel, Wilmot, Thomas, Kerr, Mohn NO: Unger, Watt, Ruckman, Kriz ABSTAIN: Oates (Note: Commissioners Ours and Triplett were absent from the meeting.) Following this public meeting, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. t 55 A 10, 1 Q<b PENTON E GLENN 55 ?7 12 - m� •", _ PETON E GLEN Q Qt) IK God 1► f o cy ' �,Zip�F�as 'PuiureTFGSTF F `�R.T 37 Byyass q~ ip sic r L,Ur 1(I t1 41'russer he 3 ^ ~--x'`55 A 729 CHILDRES'`S NATHAN D q k w 8 Red Bud Ag & Forestral District - 1. z 55 A 128C i BREWER LINDA K TIMBROOK t— W I Q F- lap 55 A 18 ' SEIPEL WAYNE D 3 STEPHANIE P 55 A 126 55 A 128 COOK JIM L ORNDORPF JOHN D COURNfYq 8A 122 RtAN g SUS AR jj'� 1u Inu I,auu 3,000 Feet w ld✓ t: I 1 t Shenandoah Mobile Cc 4,pK COG .mditional Use Permit - New Cell Tower CUP 09-08 y PIN: 55 - A - 129A Case Planuer: Mark Future Rt37 Bypass Zoning M2 (Industrial. General District) Appllcahon BI (Business Neighborhood District) 4M MHI (Mobile Home Contnwnip District) � Urban Dccclo t Arca B2 (Business. General Distrist � pmen ) 4ft MS (Medical Support District) G ;T� SWSA 4a 133 (Business industrial Transition District) i R4 (Residential Planned Conmmnity District) AGF Districts 4M EM (E,tractice Manu( during Distnct) IM' RS (Residential Recreauonai Coumunitp IM SCUM ffedmilck Lit U 41M HE (Higher Education District) District) i�n W Double Church District 4W Mt (Industrial. Light District) RA (Rural Arca District) RP (Residential Perfomrance District) ` .(� Red Dud District ????? -7 Submittal Deadline P/C Meeting a BOS Meeting p APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: Shenandoah Mobile Company ADDRESS: PO Box 459, 500 Shentel Way, Edinburg, VA 22824 TELEPHONE 540-984-3003 2. Please list all owners, occupants, or parties in interest of the property: David M. and A. Katherine Gregg, 1203 Redbud Road, Winchester, VA 22603 3. The property is located at: (please give exact directions and include the route number of your road or street) 1203 Redbud Road, Winchester, VA 22603 -From 1-81 Exit 315 and Hwy 7 interchange proceed East 1-4/10 mile to the left exit from Hwy 7. (left after the 2nd light after Sheetz). Turn left at the top of the onto Morgan Mill Rd and proceed 7/10 mile to Redbud Rd. Turn left and proceed 4/10 mile to driveway on the right. Follow to rear of property and turn left at the house Proceed past barn and corral to site. 4. The property has a road frontage of 604 feet and a depth of 2270 feet and consists of 33 acres. (Please be exact) 5. The property is owned by David M and A. Katherine Gregg as evidenced by deed from Linda McGuinness recorded JUL 6 2N8 (previous owner) in deed book no. 800 on page 81 —, as recorded in rk of the Circuit Court, County of the records of the Cle Frederick. 6. 14 -Digit Property Identification No. 55 A 129A Record 0035860 Magisterial District Stonewall Current Zoning Rural Agricultural (RA) 7. Adjoining North East South West Property: USE Agricultural Agricultural Residential avant Agricultrual ZONING RA 8. The type of use proposed is (consult with the Planning Dept. before completing) Telecommunications facility I It is proposed that the following buildings will be constructed: NIA 10. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME Glen E. Penton ADDRESS 221 eftler Lane, Stephenson, VA 22656 PROPERTY ID#55 A 12 Record 029053 NAME Linda K. Brewer Timbrook ADDRESS 209 Bentley Avenue, Winchester, VA 2260a- PROPERTY 260aPROPERTY ID#55A 128C Record 037064 NAME William G. Meier III ADDRESS 270 Lick Run Xing, Stephenson, VA 22656 PROPERTY uID#55 7 5 Record#00 9048 NAME Ernest L. Lam ADDRESS 1263 Redbud Road, Winchester, VA 22603 PROPERTY ID#55 A 14 Record#0015712 NAME Emma Harris ET ALS C/OKaren Sheilds ADDRESS 4922 Dashiell PI, Woodbridge, VA 22192 PROPERTY ID# 55 A 13 ecor #0015711 NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS _ PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME _ ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. Sketch attached. Full construction drawings included / / 1 / / / PROPOSED SHENTEL 100'x100' 1/ LEASE AREA LOCATION f / PROPOSED SHENTFI 70'x70' i -"<N/y F;�;vy� / f77JCE0 COMPOUND LOCATION / / PROPOSED SHE IZ' PROPOSED SHENTEI. 195' r/ WIDE ACCESS OFF OF OF 1 70WESt ` TAX MAP NUMB / 55—A— RIVE EXISTING DRIVE LOCATION LOCATION LOCATION / DAVID & KATHERINE GREW / / / EXISTING TRAINING RING LOCATION z / 0 / EXISTINGACCESS DRIVE LOCATION (TYP.) x If SUBMITTALS SITEID: / Dynatek TIH,HCOMMUNICATION338RVICHS 1134 HrookBro0lffi.W OR 44403 DWG. No.: REV. rvood DriveDRAWN DATE DESCRIPTION REVISION / 11/27/07 PRELIMINARY 0 DYNATEK 6666 NO.: WFAPROI. :..., . > � BY: M.L.0 S IAKK AR I OMM COMPANY EXISTING BARN / BY: CHECKED D.C.B. LOCATION 1 / / / / r / /\ EXISRNG HOUSE LOCATION 1 ` TAX MAP NUMB / 55—A— DAVID & KATHERINE GREW / z / 0 / x If SUBMITTALS SITEID: 046 A - REDBM Dynatek TIH,HCOMMUNICATION338RVICHS 1134 HrookBro0lffi.W OR 44403 DWG. No.: REV. rvood DriveDRAWN DATE DESCRIPTION REVISION TITLE: SITE L' PLAN 11/27/07 PRELIMINARY 0 DYNATEK 6666 NO.: WFAPROI. :..., . > � BY: M.L.0 S IAKK AR I OMM COMPANY Ph.-: 800.838-3224 Fel: (330) 4484334 JL -3 L/� - 1 BY: CHECKED D.C.B. q Aynatekind—c.. 12. Additional comments, if ny: I (we)', the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. toof Applicant tore If 2fan,6r OwKers' Mailing'Address 9203 Redbud Road, Winchester, VA 22603 Owners' Telephone No. 540-323-0639 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power- of Attorney County of Frederick, Virginia nC �y1 Plaimr,ing Office, Ceuaaty of Frederick, V4rgiaia, 107 North Kect St-eet, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That 1(`dVe) (Name) David M. Gregg - 540-323-4639 (Phone) tfi 1203 Redbud Road, Winchester, VA 22603 (Address) 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 CLrcuit Court of the County of Frederick, Virginia. by Boo Instrument No. 081 on Page and is described as 55 A 129A Parcel: lot: Block: Section: Subdivision: do hereby make, constitute and appoint: Lynn CO. Koerner (Name) (Phone) 540-335-4030 (Address) 3126 South Ox Road, Edinburg, VA 22824 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with Ull poorer and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: G Conditional Use Permits - Telecommunications Facility FaF)- - - - Subdivision- - G Site Plata My attorney-irr-fact shall have the authority to offer proffered conditions and to make amendments to previously N/A approved proffered conditions except as follows: This authorization sh Xre one year from the day it is signed, or until it is otherwiseinded or modified. In ss thereo , (lve)1�� e hereto set my (our) hand and seal this day of o Zpp Signatures State of Virginia, Ci kCounty o� "# a ! , To -wit: I / Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who sibM to the foregoing instrument and who is (are) known to me, personally appeared before me and has r ' ackno vled ed the same before me in the jurisdiction aforesaid this __,I day of 1 0 My Commission Expires: .31 OldPublic KAREN P. HORN ---- I is lei 3., (Votary Public g Reg.#356391 My Cbnfintsslnn Exps, Oct. 31, 2009 View Shed Anal i'S Ot G, TO-w-ruerLOUca-vil-10-1-t CarterHard.styHouse Sul Sang S a 'Al 60 rs 1: 17 odrdes-s 14 Pr adrail Tower Location (I 95ft) Third Baffle of Winchester Woodftelf House 656 —6 i f1jAah, 5, 9 7 M -IM INEEZE A- hent -Mils_ 6!6�11 `661 l is House Brun ley House -- 0 375 - 750 1,500 Feet A Landmarks! XProposed Tower Location ti Cell Tower Visible Agricultural & Forestal Districts South Frederick District Double Church District Red Bud Coverage of Site 046A without Existing Sites Coverage of Existing Sites with Site 046A Coverage of Existing Sites without Site 046A D F 33 ;rL tz lion I LEGEND In -building coverage M In -vehicle coverage FCC Licensed eii .l overs ,I 1-rederick County, Virginia On Cellular Structure Types Q ANTENNAE r W' MONOPOLE a I l✓i TOWER f\ Current and Potential Co -Location (� Antenna Structure Register 1 Cell Tower 3 Mile Buffer'r • r s k f coKD'e j r a' eo" cT � r 6 q. �� � 4 ,� � nr• r F ederiCL) `J f 1 � r 7 syr LSNY" fro. L� ti 522.,_ .. C 0'. Warren CoFauquier Bwn a� �� • J MEMORANDUM To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner COUNTY of FREDERICK Department of Planning and Development Subject: Planning Commission Discussion — Outdoor Lighting Date: September 16, 2008 540/665-5651 FAX: 540/665-6395 Outdoor lighting in Frederick County has become an issue over the past few years due to the fact that the Zoning Ordinance contains no standards to regulate their intensity or placement. The only requirement currently is that lighting doesn't create a nuisance due to glare. The Nuisance (§165-35) element of the ordinance states that "outdoor lighting shall be arranged to deflect glare away from adjoining properties and public streets. Sources of lighting on a lot shall be hooded or controlled to prevent glare beyond the lot line". While this nuisance ordinance may have been sufficient in the past, with the rate of development the County has seen, this vague ordinance is not adequate. Therefore, staff has created draft lighting standards to help address these issues. The draft standards include elements that will apply to all outdoor lighting as well as portions that apply to nonresidential uses (commercial/industrial, etc.), as well as multifamily uses. New definitions that correspond to the lighting standards are included as well. The Development Review and Regulations Subcommittee (DRRS) first considered this item at their June 2008 meeting. At the June meeting the commission had a few comments regarding the text and wanted to discuss the proposed amendment at the next meeting. After this meeting, the proposed ordinance was revised to address DRRS concerns as well as comments provided by the County Attorney. The DRRS discussed the proposed ordinance again at their August 28, 2008 meeting. Since the August meeting, the draft outdoor lighting ordinance has been modified to address comments provided by the DRRS. The attached documents show the proposed outdoor lighting ordinance as well as proposed definitions that correspond to the ordinance. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachment: 1. Proposed Ordinance and Definitions. CEP/bad 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Draft - Outdoor Lighting Standards 9/16/08 Outdoor Lighting Standards. The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and overlighting; promote safety and security; and encourage energy conse^,ration. A. Application and General Provisions. 1. Except as provided for F of this Section, these standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted provided such changes do not result in a higher lumen output. B. General Outdoor Lighting Standards. 1. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot fixtures and light fixtures on buildings shall be full cut-off fixtures_ 2. Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited. High intensity beams, such as, but not limited to, outdoor searchlights, lasers or strobe lights shall be prohibited. 3. Light fixtures, including mounting base, shall not be more than twenty-five (25) feet in height above finished grade unless the Zoning Administrator determines that an increase in height, not to exceed ten (10) additional Leet, would reduce the total number of light fixtures for the site and still meet the intent of the Ordinance. On land in the M1 (Light Industrial) and M2 (Industrial General) Zoning Districts that is contained within an approved master development plan, the Zoning Administrator may allow light fixtures to exceed 35 feet in height if additional security is required, provided that the site is not adjacent to property used for residential or agricultural uses. In no case shall light fixtures in the M1 and M2 Districts exceed 45 feet in height. 4. Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall be placed within landscaped islands or in the perimeter green space of the site. 5. Building mounted lighting fixtures shall not be mounted more than thirty (30) feet above the finished grade of the building. Draft - Outdoor Lighting Standards 9/16/08 6. Except for internally illuminated signs, the use of lighting fixtures, which are enclosed in clear or translucent white, off-white or yellow casing, shall not be permitted on the roofs of buildings or on the sides of canopies. 7. All lighting shall be oriented not to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets. 8. Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes, shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated. Directional control shields shall be used where necessary to limit stray light. C. Photometric Plan Requirements 1. A Photometric Lighting Plan shall be submitted and approved in conjunction with any site plan required by Article XIX. Photometric plan submitted with site plan shall be current (less than 30 days old) and must be certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a State licensed professional engineer, architect, landscape architect or land surveyor. 2. All such required plans shall include the following: a) Plans indicating the location on the premises of all lighting fixtures, both proposed and already existing on the site, including a schematic layout of proposed outdoor lighting fixture locations that demonstrate adequate intensities and uniformity, and the light coverage resulting from the proposed lighting layout. b) Description of all lighting fixtures, both proposed and existing, which shall include but are not limited to catalog cuts and illustrations by manufactures that describe the equipment, including , lamp types, wattage and initial lumen outputs, glare control devices, lamps, proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model and installation of same. c) Photometric data, such as that furnished by manufactures, or similar showing the angle cut-off light emissions and glare -control devices. d) Mounting height of all fixtures. D. Outdoor Lighting Standards for Nonresidential Uses. Draft - Outdoor Lighting Standards 9/16/08 1. The average maintained lighting levels for nonresidential uses shall not exceed the following standards: a) Five (5) foot-candles for parking lot and other areas. b) Ten (10) foot-candles along fronts of buildings and along main drive aisles. c) Thirty (30) foot-candles for high security areas, such as, but not limited to teller machines (ATM's), motor vehicle display areas and vehicle fuel station canopies, but not including parking lots. 2. Light fixtures under any canopy shall consist of full cut-off lighting fixtures where the light source is either completely flush or recessed within the underside of the canopy. The portions of the canopy not included in the sign area shall not be illuminated. 3. Lighting levels shall not exceed 0.2 foot-candles at any common property line with property zoned, used as or planned for residential or agricultural uses. In addition all light poles shall be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure. 4. Lighting levels shall not exceed 5.0 foot-candles at any common property line with property zoned, used as or planned for commercial or industrial uses. 5. Lighting levels shall not exceed 5.0 foot-candles at any edge of a property line adjacent to a street or road right-of-way. E. Outdoor Lighting Standards for Multifamily Uses. 1. The average maintained lighting levels for multifamily units shall not exceed the following: a) 0.5 foot-candles at property line boundaries. b) Ten (10) foot-candles at buildings, parking lots and other areas. F. Exemptions from Lighting Ordinance. 1. Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal, state or county agencies, to include street lights within the public right-of-way. Draft - Outdoor Lighting Standards 9/16/08 2. Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares. 3. Security lighting controlled and activated by motion sensor devices for a duration of 5 minutes or less, but not to exceed the applicable foot-candle limits stated elsewhere in this section. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] Foot -Candle — A measure of light falling on a surface. One (1) foot-candle is equal to the amount of light generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Foot- candle measurements shall be made with a photometric light meter with a specified horizontal orientation. Lighting Fixture — A complete lighting unit consisting of the lamp, lens, optical reflector, housing and an electrical components necessary for ignition and control of the lamp, which may include a ballast, starter and/or photo control. Lighting Fixture, Directionally Shielded — A lighting fixture which emits a light distribution where some light is emitted at or above a horizontal plan located at the bottom of a fixture. Such fixtures may contain visors, louvers, or other types of shields or lenses which are designed to direct light onto a target area and to minimize stray light. Lighting fixture, full cut-off - A lighting fixture from which zero (0) percent of its light output is emitted at or above ninety (90) degrees from horizontal (a horizontal plane drawn through the bottom of the light fixture) and no more than ten (10) percent above eighty (80) degrees from the horizontal. Light fixture, recessed canopy — An outdoor lighting fixture recessed into a canopy ceiling so that the light source is either completely flush or recessed within the underside of the canopy. Maintained Lighting Level — A level of illumination which results when the initial output of the lamp is reduced by certain light loss factors. Such light loss factors typically include lamp depreciation and dirt accumulation on lenses and other light fixtures components. For the purpose of this Chapter, the maintained lighting level shall represent an average foot-candle level measured over a specified area.