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PC 05-02-07 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 2, 2007 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) March 21, 2007 Minutes................................................................................................. (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) To consider a Request to Revise the Round Hill Community Land Use Plan, Including Expansion of the Sewer and Water Service Area (SWSA) by approximately 481 acres for commercial development on the north side of Northwestern Pike (Route 50). The Round Hill area includes land generally located north and south ofNorthwestern Pike (Route 50), west of Route 37, and east of Crinoline Lane in the Gainesboro and Back Creek Magisterial Districts. Mrs. Eddy......................................................................................................................... (B) 6) Ordinance Amendment—Zoning: Chapter 165, Article IV Supplementary Use Regulations, Section 165-24 Monument Height Limitations; Exceptions. Mrs. Eddy......................................................................................................................... (C) 7) Rezoning 404-07 for the Haggerty Property Proffer Revision, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezoning #14-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are located in the Red Bud Magisterial District, and are identified by Property Identification Numbers (PINS) 55- A-212 and 55 -A -212A. Mr. Ruddy........................................................................................................................ (D) FILE COPY PUBLIC MEETING 8) Master Development Plan #04-07 for the Haggerty Property, submitted by Patton Harris Rust & Associates, for up to 300 single family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are identified with Property Identification Numbers 55-A-212 and 55 -A -212A in the Red Bud Magisterial District. Mr. Suchicital................................................................................................................... (E) 9) Site Plan #01-07 of Blue Fox Billiards, Bar & Grill — Site Plan Update and Waiver Request Mrs. Perkins..................................................................................................................... (F) 10) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 21, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gamesboro District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Gary R Oates, Stonewall District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; H. Paige Manuel, Member -At -Large; Philip E. Lemieux, Board of Supervisors Liaison; Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ASSENT: Greg L. Unger, Back Creek District; and the City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director, Mark R. Cheran, Zoning & Subdivision Administrator; John A. Bishop, Transportation Planner; Candice Perkins, Planner Il; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to adopt the Planning Commission's agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the February 7, 2007 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 03/12/07 Mtg. Commissioner Light reported that the CPPS discussed turning over public roadways to private homeowners associations and how this situation could be accommodated through a county process. Frederick County Planning Commission Minutes of March 21, 2007 + ��' Page 2006 -2 - Sanitation Authority (SA) — 03/20/07 Mtg. Commissioner Manuel reported that rainfall for the month of February was three inches, which is above average; service charge income is one percent above budget for the fiscal year to date and expenses are under budget; and, the wastewater treatment facility is operating normally. Projects being prepared for bid include: the Stephenson Regional Pump Station, the Stephenson force main, the water booster station at H. P. Hood, and the Abrams Creek West water and sewer services to support Willow Run. Commissioner Manuel also reported that the SA's Engineer/Director, H. Wellington Jones, presented the five-year, long-range plan. Conservation Easement Authority (CEA) Commissioner Light reported that the CEA will have an open house gathering at the home of a committee member, Diane Kerns, on Echo Lane just off Route 522 North for anyone who would like to attend and participate in an open discussion about placing conservation easements and/or who have interest in conservation easements. Commissioner Light said that a recent recipient of a conservation easement, Mr. Jeff Green, will speak on his experience providing for that easement. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC HEARING Rezoning Application 912-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached homes (townhouses). The properties are located south and adjacent to Route 7 and, east and adjacent to the Blue Ridge Mobile Home Park. The properties are further identified with P.LN.s 55-A-161, 55-A-1 65A, 55-A-166, 55-A-167, 55 -A -167A, 55-A-168, 55 -A -174A, 55 -A -174B, and 55- A -174D in the Red Bud Magisterial District. Action — Tabled for 30 Days Planning Director, Michael T. Ruddy, reported that the Planning Commission previously tabled this rezoning application at their November meeting for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection of this project with Route 7 and Valley Mill Road, the environmental impacts of the project, and the details of the transportation system relative to the Eastern Road Plan. Mr. Ruddy said the applicant has substantially revised their Frederick County Planning Commission Minutes of March 21, 2007 Page 2007 -3— application; however, they did not respond directly to those particular issues. Mr. Ruddy said the staff has received a request from the applicant to table this application for 30 days. Mr. Charles W. Maddox, Jr., consultant with Patton, Harris, Rust & Associates (PHR&A), was representing the applicant. Mr. Maddox stated the applicant is very close to working out the principal issues, but has some property owner issues that need to be solidified, and proffers need to be checked by the County's attorney. Mr. Maddox said they would like to come back in 30 days with their proposal for the transportation needs of Frederick County. Commission members asked the applicant if a 30 -day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. Chairman Wilmot called for anyone in the audience who wished to speak regarding this rezoning application. No one came forward and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kerr made a motion to grant the applicant's request to table consideration of Rezoning Application 412-06 of Carriage Park for 30 days. This motion was seconded by Commissioner Mohn and was unanimously passed. BE IT RESOLVED, THAT The Frederick County Planning Commission does hereby unanimously table Rezoning Application #12-06 of Carriage Park for 30 days at the applicant's request. This application is a request to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single-family attached homes (townhouses). (Note: Commissioner Unger was absent from the meeting.) Rezoning Application #02-07 of Eastgate Commercial, submitted by Patton Harris Rust & Associates, (PHR&A) to rezone 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and 8.23 acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial uses. The properties are located west of Front Royal Pike (Route 522 South), immediately north and south of Maranto Manor Drive (Route 642). The properties are further identified with P.I.N.s 87-A-34, 87 -A -34B, 87-A-35, 87-A-36, 87-A-37, and 76-A-53 in the Shawnee Magisterial District. Action — Recommended Approval with Proffers and Stipulations Planner Candice E. Perkins reported that the site is within the boundaries of the Sewer and Water Service Area (SWSA) and the site is also within the limits of the Eastern Frederick County Long Range Land Use Plan. She stated that the land use proposed by the applicant in this rezoning is consistent with the Eastern Frederick County Long Range Land Use Plan and is in general conformance with the Comprehensive Policy Plan. Ms. Perkins stated that this rezoning application consists of six separate parcels, totaling 18.88 acres. She noted that only the B3 portion of Parcel 76-A-53 is being rezoned with this application; the remainder of the parcel is already zoned B2 under Rezoning #02-97. She said the Staff believes that Parcel 76-A-53 in its entirety should be covered under this new rezoning application so that multiple proffer statements don't pertain to Frederick County Planning Commission Minutes of March 21, 2007 Page 2008 the same parcel. In addition, she said that including the entire project under one proffer statement will ensure consistent entrances and improvements throughout the entire development. Regarding transportation, Ms. Perkins stated that the proffers and Generalized Development Plan (GDP) for the development indicate this project will have entrances on Maranto Manor Drive and a right- in/right-out onto Route 522. She said that since these parcels have access to Tasker Road and Maranto Manor Drive, the staff believes the access to Route 522 should be completely prohibited and ingress/egress for the property should only be at signalized intersections. Ms. Perkins also reported that the TIA submitted with the rezoning does not model the worst-case scenario; she explained that since a specific use has not been proffered for the site, the worst-case scenario should be used. Furthermore, Ms. Perkins pointed out there were a number of improvements called for in the TIA conclusions which have not been addressed. She explained that while the proffer provides for improvements at the Route 522/Tasker Road and the Route 522/Maranto Manor Drive intersections, these intersections will not fully function at a Level of Service (LOS) "C." In addition, she reviewed site driveways one through four in which turn lanes identified in the TIA had not been addressed by the applicant. Mr. Patrick Sowers, with Patton Harris Rust & Associates, Inc. (PHR&A), came forward to represent the owners and applicants in this rezoning application. Regarding Parcel 76-A-53, he said the scale of the proposed rezoning, as compared to the existing by -right B2 use, is not a great change and in their opinion, does not necessarily justify a new rezoning. Referring to the TIA, Mr. Sowers stated that the worst-case scenario would use a.5 FAR; this FAR would accommodate 450,000 square feet of retail use and elevated parking, which is not typically found in Frederick County. He said they modeled a.25 FAR which more typically represents what is found in Frederick County. Regarding the Route 522/Tasker Road and the Route 522/Maranto Manor Drive intersections, Mr. Sowers explained that as a whole, these intersections operate at a LOS "C." He said only two single and individual movements within these intersections operate at a p.m. peak hour LOS "D." Mr. Sowers pointed out the considerable background traffic that was contributing to the situation; he said they have proffered double lefts within the two intersections. Mr. Sowers next talked about the intersections identified by the staff as those not adequately improved according to the TLA. The Commission had questions for the applicant about the intended access points for the various parcels. Commissioner Oates said he would prefer to see the applicant limit the building square footage for the retail floor area to match the TIA. He also wanted to see the applicant provide either screening or architectural standards along Route 522. Commissioner Morris expressed concern about possible confusion over what was proffered with the earlier rezoning, what is being proffered with the new rezoning, and how it all fits together. He questioned why this couldn't be viewed as one contiguous piece of property. Commissioner Morris also had concerns about whether all of the transportation issues had been adequately addressed. Mr. Ronald Mislowski, also with PHR&A, stated that the transportation proffers address not only this rezoning, but all of the background trips at the identified intersections. Mr. Mislowski said the applicant's generated trips from the area to be rezoned are about 15% of the background trips coming in; he said this small area being rezoned is paying for almost two million dollars of improvements and includes three traffic signals and double left turn lanes at three different intersections. Mr. Mislowski added that this rezoning is guaranteeing the improvements necessary to support the development of the entire southern part of the Eastgate Commerce Center. He noted that currently, the B2 and B3 sections could develop without any other additional proffers; he said this application is guaranteeing that improvements will be made. Frederick County Planning Commission -fn Minutes of March 21, 2007 �"? U lilt -5 - Commissioner Thomas asked if the applicant would consider prohibiting loading docks and outside storage for the areas with frontage along Route 522, Tasker Road, and Maranto Manor Drive. Mr. Mislowski replied that the Tasker Road and Route 522 frontages would be acceptable, however, they considered Maranto Manor Drive as more of a back road into the site. ConIMiccinnPr Tight inquired about the pnccihility of the appl'Cant prnyirlinbo a master development plan (MDP) for the whole tract showing the total concept including transportation issues, entrances, corridor appearance, and buffering and screening. Commissioner Light said he didn't want to vote against a business rezoning in a commerce center; however, he also was not entirely comfortable with the transportation issues and he thought the application in its current form was somewhat piecemeal. In addition to that, Commissioner Morns said it was difficult visualizing when improvements were going to occur; for example, when a traffic signal will be installed or when a street gets widened. He also thought a MDP for the entire area would be beneficial. Commissioner Thomas suggested the applicant provide all of the proffers for the whole area on the MDP and to include trigger mechanisms for the transportation improvements. Mr. Sowers and Mr. Mislowski said they would be willing to provide the requested information on the MDP. Chairman Wilmot asked the applicant if the right-of-way for the additional lane on the south side of Tasker Road was already in place. Mr. Sowers said his client owns the property flanking Tasker Road and it will not be an issue to obtain the right-of-way. Chairman Wilmot asked the VDOT representative, Mr. Lloyd Ingram, to the podium to address questions from the Commission. Mr. Ingram agreed there was a considerable amount of background traffic at this location. He said transition lanes and entrances would have to be constructed to VDOT design standards and there were several processes where VDOT will work through these issues with the applicant. Mr. Ingram said VDOT was satisfied they would get what they needed from the applicant. However, he said it would help to clarify things, if a MDP was submitted showing all of the improvements, with the transition lanes high -lighted. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Robert Price, an adjoining property owner, asked how the properties across Route 522 would be impacted from this rezoning. Mr. Sowers did not foresee any direct impacts to any of the property owners along Route 522. Commissioner Moms made a motion to recommend approval of Rezoning Application #02-07 of Eastgate Commerce Center with proffers, a maximum FAR of .25, and with the provision of a consolidated MDP for the entire area to be provided, including all of the transportation improvements, along with entrances, corridor appearance, buffering and screening, proffers, and trigger mechanisms indicating when improvements will occur. This motion was seconded by Commissioner Kriz. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 402-07 of Eastgate Commercial, submitted by Patton Harris Rust & Associates, (PHR&A) to rezone 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and 8.23 acres from B3 (Industrial Transition) District to B2 District for commercial uses, with proffers, and with a maximum FAR of .25, and with the provision of a consolidated MDP for the entire area to be provided, including all of the transportation improvements, along with entrances, corridor appearance, buffering and screening, proffers, and trigger mechanisms indicating when improvements will occur. Frederick County Planning Commission Minutes of March 21, 2007 Page 2010 Z -C (Note: Commissioner Unger was absent from the meeting.) PUBLIC MEETING Master Development Plan 902-07 for Tasker Woods, submitted by Patton, Harris, Rust & Associates, P.C., for 136 single-family detached units, 130 townhouse units, and commercial uses. The properties are located north of Tasker Road (Rt. 642), east and south of Macedonia Church Road (Route 756), and west of Front Royal Pike (Rt. 522). The properties are identified with P.I.N.s 76 -A -48A and 76-A-49 in the Shawnee Magisterial District. This master development plan also depicts the cul-de-sac of Macedonia Church Road where it meets White Oak Road (opposite the Old Macedonia Church). Action — Recommended Approval Planner Candice E. Perkins reported that the master development plan (MDP) for Tasker Woods is a proposal to develop a 79.178 -acre tract of land, which consists of approximately 60 acres of RP (Residential Performance) -zoned property and 18.8 acres of B2 (Business General) -zoned property which was rezoned in 2006 with proffers. Ms. Perkins said the residential portion of the site will consist of 266 residential units, of which 136 are single-family small lots and 130 are townhouse units; the commercial portion of the property is proffered to have a maximum of 179,000 square feet. She pointed out access via one entrance on Tasker Road and two entrances on Macedonia Church Road. Ms. Perkins also noted that the MDP shows the closure and cul- de-sac of Macedonia Church Road where it meets White Oak Road. Mr. Patrick Sowers, with Patton, Harris, Rust & Associates, Inc. (PHR&A), was representing the applicant for this MDP. Mr. Sowers pointed out existing Macedonia Church Road, the connection into White Oak Road, and then it converging back into Macedonia Church Road. He said the proffer included the entrance to Macedonia Church, separate left turn lanes from Macedonia, a left -turn lane into the Tasker Woods entrance, and the cul-de-sac on existing Macedonia Church Road, which they were directed to pursue by the Board of Supervisors. He said a subsequent public hearing will be required to vacate the right-of-way. Commissioner Morris asked if there was a proffered traffic signal at 522 for this project and Mr. Sowers replied yes. Commissioner Morris recalled a request by Macedonia Church to retain the name, Macedonia Church Road, on the portion of road from White Oak down to Route 522. Mr. Sowers replied that road naming is essentially out of the applicant's hands because assigning road names and addresses falls under the jurisdiction of the Frederick County Department of GIS (Geographic Information Systems). Commissioner Morris inquired about trails and bicycle paths; Mr. Sowers pointed out a bicycle trail along the frontage of the improved section. Chairman Wilmot called for public comments and the following persons came forward to speak: Ms. Amanda Lightener, a resident of the Camp at Mosby Station, Shawnee District, said she had concerns about all of the development occurring in her area and all of the trees getting cut down. She said there are considerable numbers of existing houses that are not selling. She said she can not sell her home because the area is so overdeveloped. Mr. Kirk Mathews, a resident of the Red Bud District, said he spoke before the Commission two weeks ago regarding the Sovereign Village MDP revision. Mr. Mathews said the proffers for Tasker Woods seemed quite better than the proffers submitted for the Sovereign Village development; he asked if there was a way for the County to ask for improved proffers. Mr. Mathews said the Tasker Woods proffers call for a Frederick County Planning Commission Minutes of March 21, 2007 Page 2U 1 1 at homeowners association, a pool, and a community center. He said the applicant is offering an initial startup amount of $2,500; however, he didn't think this was enough money for the upkeep and maintenance of these amenities. There being no one else who wished to speak, Chairman Wilmot closed the public comment portion of the meeting. No other issues or areas of concern were raised. Commissioner Morris made a motion to approve MDP 402-07 for Tasker Woods and this motion was seconded by Commissioner Manuel. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 402-07 for Tasker Woods, submitted by Patton Harris Rust & Associates, P.C., for 136 single-family detached units, 130 townhouse units, and commercial uses. (Note: Commissioner Unger was absent from the meeting.) Waiver Request of Teresa Hicks, submitted by Artz and Associates, P.L.C., for an exception to Article V, Design Standards, Section 144-31, Rural Subdivisions, C(3) Minor Rural Subdivisions, Frederick County Code, Chapter 144, Subdivision of Land, to allow a cul-de-sac length of approximately 3,200 feet, which is 2,200 feet greater than the allowed 1,000 feet. This property is located on Pasture Lane, off Caldwell Lane (Rt. 717); the property is identified with P.I.N. 63-4-3 in the Shawnee Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that this is a family lot division to be conveyed by Mr. John C. Russell, Jr. to Ms. Teresa Hicks. Mr. Cheran stated that Mr. Russell has elected not to provide a 50 -foot right-of-way through the 20 -acre parent tract from Caldwell Lane. He said the applicant has provided a petition from an adjoining property owner who declined to grant Ms. Hicks a 20 -foot easement across their property. Therefore, the waiver request is to provide relief from the 50 -foot right-of-way requirement of the County's Subdivision Ordinance. Mr. Cheran added that a proposed 30 -foot access right-of- way will provide right-of-way access to Caldwell Lane. Commission members questioned whether Pasture Lane was an accessible public lane; if the residue tract met the lot ratio requirements of the ordinance; and if topography issues prevented the 50 -foot right- of-way from being accommodated. The applicant, Ms. Teresa Hicks, stated there was no other access into the parent tract because her father's dairy barn, barnyard, and 60 -foot silo were located through the middle of the parent tract. Chairman Wilmot called for public comments; however, no one came forward to speak. A motion was made by Commissioner Moms and seconded by Commissioner Mohn to approve the subdivision waiver request. Frederick County Planning Commission Minutes of March 21, 2007 Page 2012 S BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the Waiver Request of Teresa Hicks, submitted by Artz and Associates, P.L.C., for an exception of Article V, Design Standards, Section 144-31, Rural Subdivisions, C(3) Minor Rural Subdivisions, Frederick County Code, Chapter 144, Subdivision of Land, to allow a cul-de-sac length of approximately 3,200 feet, which is 2,200 feet greater than the allowed 1,000 feet. The majority vote was as follows: YES (TO REC. APPROVAL): Mohn, Kerr, Triplett, Kriz, Ours, Morris, Manuel NO: Thomas, Light, Oates, Watt, Wilmot (Please Note: Commissioner Unger was absent from the meeting.) Waiver Request of Hupps Ridge, L.L.C., submitted by Painter -Lewis, P.L.C., for an exception to Article V, Design Standards, Section 144-17, Streets, G(1), Cul-de-sac, of the Frederick County Code, Chapter 144, Subdivision of Land, to allow a cul-de-sac length of approximately 3,200 feet, 2,200 feet more than the allowed 1,000 feet. This property is located on Hunting Ridge Road (Rt. 608), approximately one-half mile north of the intersection with Glaize Orchard Road (Rt. 682). This property is further identified with P.I.N. 21-A-4 in the Gainesboro Magisterial District. Action — Approved Commissioner Manuel said he would abstain from all discussion and voting on this request, due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the applicant believes the extreme topography does not allow full use of the property without the requested waiver. Mr. Cheran said the applicant states that lot lines follow a ridge line and the side slopes are too steep to accommodate loop roads. The maximum cul-de-sac length permitted by the Frederick County Code will not be able to accommodate all of the proposed lots. The cul-de-sac will serve 21 lots and has a right-of-way distance of not less than 50 feet and a paved radius of not less than 45 feet. Mr. Michael Bryan was present to represent the applicant on this request. Mr. Bryan believed the applicant's request met the purpose and the intent of the ordinance and given the steep topography of the parcel, he requested approval by the Commission. Commissioner Thomas agreed the property had extreme topography; however, he believed other lot layouts were possible to avoid a dead-end cul-de-sac. Commissioner Thomas commented that the applicant may not be able to get quite as many lots, but there were other ways to develop the property. Chairman Wilmot called for public comments; however, no one came forward to speak. Commissioner Light commented that precedence has already been established for approvals of cul-de-sac lengths exceeding ordinance requirements. Commissioner Moms believed this was a valid request; he said the steep slopes on the property greatly restrict the development of the property. Frederick County Planning Commission Page 2013 Minutes of March 21, 2007Do QDD 'I� Y Upon motion made by Commissioner Triplett and seconded by Commissioner Morns, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby approve the waiver request of Hupps Ridge, L.L.C., submitted by Painter -Lewis, P.L.C., for an exception to Article V, Design Standards, Section 144-17, Streets, G(1), Cul-de-sac, of the Frederick County Code, Chapter 144, Subdivision of Land, to allow a cul-de-sac length of approximately 3,200 feet, which is 2,200 feet more than the allowed 1,000 feet. The majority vote was as follows: YES (TO APPROVE): Morris, Oates, Wilmot, Kriz, Triplett, Kerr, Mohn, Light NO: Watt, Thomas, Ours ABSTAIN: Manuel (Note: Commissioner Unger was absent from the meeting.) Subdivision Request of David E. Whitacre, to allow the subdivision of 1.28 acres into three single-family detached traditional housing lots. The property is located at the corner of Queens Way (Rt. 740) and East Macedonia Church Road (Rt. 756). The property is further identified with P.I.N. 75-A-102 in the Opequon Magisterial District: Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that this subdivision will create three new RP -zoned, residential building lots, with one lot having an existing structure. Mr. Cheran said the lot sizes will be between 15,000 and 21,000 square feet in size. He said the proposed lots will have direct frontage on Queens Way (Rt. 740) and East Macedonia Church Road. Mr. Cheran stated that based on lot size, these lots will not be required to have street lights, curb and gutter, sidewalks, or open space. He added that the proposed subdivision will be consistent with the surrounding neighborhood and is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). He further added that the Master Development Plan (MDP) requirement has been waived. Mr. David Whitacre, the property owner and applicant, came forward to answer questions from the Commission. Mr. Whitacre said all three lots will contain one single-family residence. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot closed the public comment portion of the meeting. Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Request of David E. Whitacre, for the subdivision of 1.28 acres into three single-family detached traditional housing lots. (Note: Commissioner Unger was absent from the meeting.) Frederick County Planning Commissionp°1 d A Page 2014 Minutes of March 21, 2007 D -10 - OTHER 3IS(UJJIVV RElHK1IwG i Tt»iATTi►Tv TIME PERIOD Commissioner Oates was interested in the potential of adopting a general 45 -day tabling time frame. Commissioner Oates was concerned that a 30 -day tabling would not allow enough time for staff to obtain new information and prepare it for mailing. He also commented that if the Commission tables a master development plan for 60 days, the ordinance allows the applicant to take the MDP forward to the Board of Supervisors without a recommendation from the Planning Commission. Commissioner Oates believed that if the Commission had a 45 -day standard tabling, it would meet ordinance requirements and provide enough time for the staff to do the paperwork. The other members of the Cor nnission agreed with the suggestion. ADJOURNMENT There being no fi.irther business to discuss, the meeting adjourned at 8:35 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of March 21, 2007 Page 2015 • �, u CPPA #05-06 CO�� SWSA EXPANSION REQUEST — ROUND HILL CENTER Staff Report for the Planning Commission Prepared: April 16, 2007 yP/ Staff Contact: Susan K. Eddy, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in the discussion of this request. It may also be useful to others interested in this comprehensive planning matter. CPPS: Planning Commission: Board of Supervisors Planning Commission: Board of Supervisors Reviewed 10/09/06 12/11/06 01/03/07 (Discussion) 01/24/07 (Discussion) 05/02/07 (Public Hearing) (Public Hearing) Action Postponed Recommended approval Comments forwarded Scheduled Public Hearing Pending Pending PROPOSAL: To expand the Sewer and Water Service Area (SWSA) by approximately 481 acres and to modify the Round Hill Community Land Use Plan. PLANNED USE: Commercial LOCATION: The properties are located north and adjacent to Northwestern Pike (Route 50) and east and adjacent to Poorhouse Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro (properties covered by the Round Hill Plan are also in the Back Creek District) PROPERTY ID NUMBERS FOR SWSA EXPANSION: 52 -A -C, 52-A-50, 52 -A -50A, 52- A-52, 52-A-63, and additional adjacent parcels suggested by the CPPS: 53-A-70, 53 -A -A (partially in the SWSA), 53 -A -Al (partially in the SWSA), 52-A-51, 52-A-5 1A, 52-A-53, 52-A- 55, 52-A-56, 52-A-57, 52-A-58, 52-A-59, 52-A-71, 52-A-68, 52-A-66 PROPERTY ZONING: RA (Rural Areas) District & B2 (Business General) PRESENT USE: Agricultural, orchard, residential, commercial and radio towers Round Hill Center April 16, 2007 Page 2 ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Area) Use: Agricultural & Orchard South: RA (Rural Area) Use: Residential and Institutional East: RA (Rural Area) Use: Agricultural & Orchard B2 (Business General) Use: Vacant West: RA (Rural Areas) Use: Residential and Agricultural B2 (Business General) Use: Motel and Retail PLANNING STAFF EVALUATION: Expansion Request The Board of Supervisors at its meeting on August 23, 2006, directed the Planning Commission to study this CPPA request. After the Board's action, the applicant modified the application to remove the Urban Development Area (UDA) designation and is now seeking only SWSA designation. The Comprehensive Plans and Programs Subcommittee (CPPS) considered this request at its meetings on October 9, 2006 and December 11, 2006. The CPPS recommended the applicant's SWSA expansion and recommended expansion of the SWSA to cover some adjacent parcels. The CPPS also endorsed a revised draft of the Round Hill Community Land Use Plan to cover the expansion area. The Planning Commission suggested further revisions to the draft plan when they reviewed it on January 3, 2006. Board Members offered individual comments on the proposal when they considered this as a discussion item at their meeting on January 24, 2007. No direct changes were made and the item was forwarded for public hearing with a work session on design standards to take place before the public hearings. In lieu of a work session, a discussion of the Round Hill design standards took place at the Planning Commission retreat on February 24, 2007. A summary of the comments from the retreat is included on page 7 of this staff report. Staff Note: The applicant is still seeking to develop part of this site for the National Lutheran Home. The applicant is aware that a Continuing Care Retirement Community (CCRC), such as the National Lutheran Home, is allowed in the RP (Residential Performance) District, which requires inclusion in the UDA. However, expansion of the SWSA without the UDA would allow rezonings to the MS (Medical Support) District. The applicant is further aware that a CCRC is not an allowed use in the County's MS District. The applicant will be pursuing a text change to the MS District Ordinance (via the Development Review and Regulations Subcommittee (DRRS)) at a later date. Site History The original Frederick Cow-ity zoning map (U.S.G.S. Winchester Quadrangle) identified all of the subject parcels, except current parcel 52-A-53, as being zoned A-2 (Agricultural Round Hill Center April 16, 2007 Page 3 General). The County's agricultural zoning districts were subsequently 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 properties and all other A-1 and A-2 zoned land to the RA District. The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identified current parcel 52-A-53 being zoned B-2. Comprehensive Policy Plan Land Use Plan The Round Hill Community Land Use Plan (Adopted May 10, 2006) includes some of the land that is the subject of this SWSA expansion request. While this land is not included in the SWSA, it is covered by Phase II of the Round Hill Plan, which calls for commercial development. The applicant seeks to further expand the commercially designated area and include all the land planned for commercial development north of Route 50 into the SWSA. The SWSA expansion would cover approximately 481 acres. Unique to this proposal is the idea for this commercial development to be focused on medical related uses. This is due to its proximity to the Winchester Medical Center and the Medical Center West Campus, on the west side of Route 37. Should the County wish to expand the SWSA in this area to accommodate a medical related campus, a revised Round Hill Plan (attached) has been prepared that would guide this development. Features of the draft plan include: • Continuation of the policies in the adopted Round Hill Plan for the residential core and for the general commercial area along Route 50; • Expansion of the SWSA by 481 acres on the north side of Route 50; • Medical -related commercial development on the north side of Route 50; • Future road links to the north; • A park and land, if needed for future public facilities; • Some changes to the design standards for commercial development along Route 50; and • Higher design standards for the medical related campus. Staff note: Any future rezoning in the expanded SWSA area would be dependent on the applicant extending water and sewer lines at his own expense, providing the road infrastructure called for in the plan, mitigating the impacts of development, and providing the design features called for in the plan. Water and sewer lines would need to be sized to ultimately include residential land in the rural community center core area. Transportation The County's Eastern Road Plan calls for Route 50 to be improved to a six -lane minor arterial road between Route 37 and Poorhouse Road (Route 654). West of Poorhouse Round Hill Center April 16, 2007 Page 4 Road, Route 50 is planned as a four -lane minor arterial. An east/west collector road, parallel to Route 50 is also included in the Eastern Road Plan. A section of this road, Petticoat Gap Lane, has been proffered with the Round Hill Crossing development. A new north/south major collector road is sought in this draft plan through the medical campus commercial area. This road would serve the campus and provide access to development north of Round Hill, should the County plan for that in the future. A. minor collector road to connect Round Hill Road (Route 803) to Ward Avenue is proposed in the draft plan. This will help to facilitate redevelopment of that area. Mentioned throughout the draft plan is the requirement for alternative modes of transportation, such as pedestrian and bicycle facilities. The plan calls for an interconnected system of multi-purpose trails and sidewalks. It is critical that these alternative modes of transportation link the entire Round Hill area and link to the Winchester Medical Center east of Route 37. Staff Note: The development of new road systems, new signalization and improvements to existing road systems are all elements of this plan. It will be the responsibility of private property owners and developers to ensure that these improvements are made. Staff note: VDOT provided general comments on this application. VDOT noted that it will require considerable road infrastructure to maintain Level of Service "C" for developments in this expanded SWSA area, given rezonings that have already been approved on the WWW and WMC properties. It should be noted that the Winchester Medical Center is requesting access from the current hospital interchange to its properties on the west side of Route 37. However, traffic patterns will not allow access to other properties west of Route 37 without significantly impairing Route 37 traffic between Route 522 and Route 50. The interchange modification will only serve the western Valley Health campus. VDOT is very concerned over any additional rezonings going forward in this sector of the County without a comprehensive look at the 522 North and Route 50 West corridors west of Route 37. Community Facilities and Service Future development south of Route 50 and also west of Round Hill Crossing (the WalMart site) will be served by the Parkins Mill Wastewater Treatment Plant. An expansion of the Parkins Mill Plant has been designed and the expanded plant should be operational in 2009. Adequate wastewater capacity to serve Round Hill should be available by 2010. Water lines exist on Route 50 in the area of Round Hill Crossing and the Winchester Medical Center — West site. These lines have sufficient capacity to provide the volume of water the Round Hill area could demand. However, they do not have sufficient Round Hill Center April 16, 2007 Page 5 pressure. To provide adequate pressure, existing line pressure would have to be boosted and water storage provided. Staff Note: This plan does not recommend rezoning land within the community for commercial development prior to the provision of central sewer and water. It is also recommended that as land is developed over time and infrastructure extended, that new developments further the goal of providing sewer to the established rural community center. This will be facilitated through both the adequate sizing of utility lines and the provision of utility easements to adjacent properties. The draft plan includes a new park in the campus commercial area, likely in the area of the large pond. This park would be a passive recreational facility with trails, benches and outdoor eating areas. Also, part of the park network would be the interconnected trail system. Public facilities to serve new development in the Round Hill Community may be required in the future. It would then be necessary for future development to provide a site for such public facilities. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) SUMMARY & ACTION OF 10/09/06 MEETING: The CPPS reviewed the SWSA expansion request. There was general support for a medical related campus north of Route 50. Staff was directed to work with the applicant to draft a small area land use plan to accommodate a medical campus. Attention was to be paid to land use, transportation, public facilities and design standards. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) SUMMARY & ACTION OF 12/11/06 MEETING: The CPPS reviewed the small area land use plan prepared by staff. There was general support for the inclusion of a medical related campus north of Route 50. There was support for including some adjacent parcels into the SWSA. Staff was directed to make a number of changes to the draft plan including further restricting access on Route 50, clearer design standards within the campus and further prohibiting strip development along Route 50. The CPPS added a minor collector road, connecting Round Hill Road (Route 803) and Ward Avenue, to the plan. The plan, to be amended by staff as stated above, was endorsed by the CPPS, (Following the CPPS meeting on 12/11/06, staff has made the changes recommended by the CPPS.) Round Hill Center April 16, 2007 Page 6 PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/03/07 MEETING: The Planning Commission generally supported the proposed revision to the Round Hill Community Land Use Plan which calls for utilizing a campus -style setting for medical -related commercial development north of Route 50 and expansion of the SWSA in that area. A number of comments and suggestions were made by Commission members during their discussion, primarily dealing with language revisions. Those suggestions included the intent to develop the entire land use plan area in a campus -style setting; revisions to the design principles regarding the placement of structures and parking areas; emphasis on language for serving the needs of existing area residents with utilities; the insertion of wording indicating that the campus -style area could accommodate commercial and institutional uses; clarity that this was not an opportunity for suburban residential development to occur; and some additional language encouraging inter -parcel connectors and utility easements. Five citizens spoke during a public comment portion of the discussion. Concerns raised included the possibility of this becoming an area for high-density residential housing; the possibility that existing dwellings, churches, or other establishments may not have the ability to take advantage of the extended utility lines; concern for how the driveways to the existing homes along the south side of Route 50 would be affected; and questions on whether conservation easements could be pursued. One of the citizens said he was in favor of the proposed SWSA expansion and the Round Hill Land Use Plan and was also in favor of allowing continuing care retirement facilities as a permitted use in this area. This was a discussion item; no action was taken by the Commission. (Note: Commissioner Mohn abstained from all discussion, due to a potential conflict of interest.) Since the Planning Commission meeting on 01/03/07, staff has made the changes suggested by the Commission. The attached draft plan incorporates these changes. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 01/24/07 MEETING: Board Members discussed the revisions to the Route 50 corridor design standards. Some Supervisors were not supportive of taking the word "encourage" out of the design standards. Some did not like the boulevard concept. Others supported the boulevard concept. Members discussed the implications of placing the design standards in the Comprehensive Plan versus the Zoning Ordinance. Members expressed more reservation about the south side of the plan than the new north side. Some Board Members expressed support for the applicant's SWSA expansion proposal. Board Members voted to send the Comprehensive Policy Plan Amendment forward for public hearing with a work session to be held before the public hearing. Round Hill Center April 16, 2007 Page 7 PLANNING COMMISSION RETREAT SUMMARY COMMENTS: Staff outlined the implications of placing design standards in the Comprehensive Plan versus the Zoning Ordinance. Staff clarified that the design standards in the Round Hill Plan went above and beyond the required regulations in the Zoning Ordinance. Some Board Members and Planning Commissioners were supportive of strongly worded design standards in the Comprehensive Plan and wanted to eliminate the word "encourage". Many agreed on limiting new entrances onto Route 50 for safety reasons. A Board Member expressed a clear desire to keep the word "encourage" in the guidelines and also a desire not to strengthen the entrance spacing criterion. One Commissioner wanted design guidelines for all of the major corridors. One Commissioner expressed concern that the transportation improvements needed to implement the Round Hill Plan had not been discussed. There was general agreement that a comprehensive transportation plan for the entire county was desirable. UPDATE Following the Planning Commission retreat, staff provided Members of the Board of Supervisors with an additional copy of the draft Round Hill Plan in an effort to secure further direction. Since the advertisement of this Planning Commission Public Hearing, some Board Members have expressed a desire to provide further input on this application. Followinz the advertised public hearing, it may be appropriate for the Planning Commission to defer action on this item to a later date. This would allow time or the Board of Supervisors to Provide further comments to the Plannin Commission, prior to their consideration of this item. Attachments Attachment #1— the adopted Round Hill Plan with strikethroughs for text to be deleted Attachment #2 — text retained from the adopted Round Hill Plan shown in black, new proposed text shown in red Attachment 43 — clean version of the Round Hill Plan forwarded by the Planning Commission in January 2007 ROUND HILL PLAN ADOPTED MAY 10 2006 Strikethroujzhs show text proposed to be deleted Round Hill ATTACHMENT 1 in eenjunetion wit the recommendation to maintain large amounts of open space adjacent to the core area of the Community Center, the plan also calls for the development of a new zoning category tailored to accommodate rural community uses and building patterns. r-eeemmendation is disetissed in more detail latef in the fepef�. it will ultimately be up to the Board of S"eFviser-s te detefffline when it is appfopfiffte to ineluddee other areas of the eemmunity,�Ntithin the Sewer eitd ��ef Sefviee Mea, a fleeessafy first step te extending tAilit es Development of any area would be dependent on the availability of appropriate infrastructure; therefore, the plan does not recommend rezoning land within the community for commercial development prior to the provision of central sewer and water. It is also recommended that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. There are a f�uffibef of r-eeE)Fmnea(4a4iE)iis that 4 elements of the pr-epesed phasing, Hirst, gi : e1 . the fairly wiiif fm .espense freffi resid— �+,, � no area is proposed for s e� ��e c��a��a� high density residential development. As ffiefAioned pfeviously-, the plan recommends that a new zoning category be adopted prior to development within Ph TTT, which, affieng ethe s, allows residential development within the Community Center at a density in keeping with traditional development patterns for the community. The intended ptifpese being to permit the continuation of favorable building patterns, styles, and mix of uses found within the community rather than utilizing existing regulations ., hieh were uvL + vYll{,4#e11 with sma4l ____-___ , _ _ _s in Frederick County Comprehensive Plan - ;-_ •• .:- '11 - - - ATO;. in eenjunetion wit the recommendation to maintain large amounts of open space adjacent to the core area of the Community Center, the plan also calls for the development of a new zoning category tailored to accommodate rural community uses and building patterns. r-eeemmendation is disetissed in more detail latef in the fepef�. it will ultimately be up to the Board of S"eFviser-s te detefffline when it is appfopfiffte to ineluddee other areas of the eemmunity,�Ntithin the Sewer eitd ��ef Sefviee Mea, a fleeessafy first step te extending tAilit es Development of any area would be dependent on the availability of appropriate infrastructure; therefore, the plan does not recommend rezoning land within the community for commercial development prior to the provision of central sewer and water. It is also recommended that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. There are a f�uffibef of r-eeE)Fmnea(4a4iE)iis that 4 elements of the pr-epesed phasing, Hirst, gi : e1 . the fairly wiiif fm .espense freffi resid— �+,, � no area is proposed for s e� ��e c��a��a� high density residential development. As ffiefAioned pfeviously-, the plan recommends that a new zoning category be adopted prior to development within Ph TTT, which, affieng ethe s, allows residential development within the Community Center at a density in keeping with traditional development patterns for the community. The intended ptifpese being to permit the continuation of favorable building patterns, styles, and mix of uses found within the community rather than utilizing existing regulations ., hieh were uvL + vYll{,4#e11 with sma4l ____-___ , _ _ _s in Frederick County Comprehensive Plan ATTACHMENT 1 Figure 12 Design Principles to be Established for the Round Hill Core Area Curb -side parking Low speed limit Shade trees on both sides of street Modest front yard setback 15-30 feet Large amounts of open space - 50% Modest size commerciaRretail uses Large predominance of single family dwellings within core area of community Discreet signage - maximum 10% of facade area Underground utilities In the case of the core area, the plan suggests that a minimum lot size in the range of one half, to one acre be established. The plan proposes that this would go ii-Ae eff-ee4 as paft of -Phase M e the l-pl^R-.—This lot size change would only take place as part of an overall zoning change for the core area of the Community, and would be dependent on the installation of a central sewer system. The smaller lot size is not proposed for the entire Community Center. Areas on the periphery of the community should be developed on larger lots. There should also be an effort made to preserve large contiguous parcels of open land around the perimeter of the Community Center as a means of maintaining the rural atmosphere. EMI ATTACHMENT 1 Standards have been developed that will minimize the visual disruption to the Route 50 corridor. This includes standards for shared entrances, requiring a green space along Route 50 which will include a 10' asphalt bike trail on the north side, and a 5' concrete sidewalk on the south side of Route 50 screening of structures and parking areas and their location in relation to Route 50 itself, controlling the size, number and location of signs, requiring underground utilities, and finally, minimum standards for landscaping. The objective is to prevent the creation of a typical commercial strip along this route. The regulations discourage individual business entrances on Route 50 both for aesthetics reasons as well as transportation efficiency. Commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. Frederick County Comprehensive Plan ATTACHMENT 1 1311 Desi n Principles for the Round Hill Route 50 Corridor Street trees in the median, along both sides of the ditch; Freestanding signs — one monument sign per development (maximum size - 50 feet, maximum height — 12 feet); No off -premise business signs; Crosswalks at signalized intersections, with signals for pedestrians; Interparcel connectors required between all properties planned for commercial development (even if currently zoned RA and used for residential purposes) to encourage shared entrances; Commercial entrance spacing — 200 feet if speed limit is 35 mph or less, 250 feet if speed limit is greater than 35 mph, to encourage shared entrances; A row of evergreens in addition to the ordinance required buffer and screening adjacent to areas planned to remain residential-, Underground utilities; €neige t placement of buildings close to Route 50 with landscaped parking lots in the rear; North side of Route 50: 50 foot landscaped strip, within the landscaped strip a 10 foot asphalt bike trail, ornamental shrubs and street trees along Route 50 South side of Route 50: 50 foot landscaped strip (20 feet for small tracts), within the landscaped strip a 5 foot concrete sidewalk, ornamental shrubs and street trees along Route 50 Iffer e- -- imi, IN :. - w ..- : . •� WON - - This phase calls for the establishment of a Business/Office Area immediately adjacent to the Route 37 interchange. implemeftta4ien of this phase is anticipated te begin ,N4�in the Reaf te ATTACHMENT 1 The seeend phase E� the proposed plan involves an area designated for additional business and office uses. The total afea in thishale µme +s +180 �o 0 ea, deal Y ixav unxw �v just �rvz� 1 vv-ucic�. x ef diseessien al the GefrAni4ee level regarding the best eatego�y of iis-e for- d-iis pei4ien of the eam -..,unity it was finally_ dote .,,rood that the r ee+ P residential development of any sort in this area should be avoided in favor of commercial uses. The plan calls for infill residential development within the core area along with some appropriately scaled commercial uses. This pei4ieft-ef the phaseirwelvesfeugh4y 250aEres. As iiiefitioned abe-ve7' it is not recommended that residential development take place under the current Residential Performance regulations, but rather that new regulations be developed that enable the continuation of the rural community atmosphere. It is also recommended that the development be predominately single family residential with the possibility of some small scale businesses aimed at serving the immediate community. As with ethef phases, the type ef development antieipated wetild r-eqtiife the wi�lability ef phase also proposes, further expansion of businesslretail westward out Route 50 as a means of funding the extension. The busi.—, aiea int �e–eefAas h 50 aer-es. This commercial development should be permitted only if it addresses the specific design standards for Route 50. Frederick County Comprehensive Plan ATTACHMENT 1 Infrastructure In, 07OT94 As with development proposals within the current Urban Development Area, construction of new collector roads and the installation of sewer and water within the Community Center would be the responsibility of the developer. Each of the phases contains segments of collector roads which are intended to channel traffic to and from a few key intersections along Route 50. These collectors are seen as a preferred alternative to permitting an excessive number of individual business entrances on Route 50. The locations of collectors roads shown are not intended to be precise. Development proposals submitted for specific areas would be expected to provide for roads which make the connections indicated and serve tl}e—kAended funetion, but watild—n neeessffi1 fellow the pfeeise al ..-.amts shavvii. As the areas develop, signalization and crosswalks will be required where collectors intersect Route 50. Pr-eeedtffes—alfead3 zrpla The recommendations contained within the Round Hill Land Use Plan attempt to allow for growth within the Community Center without overwhelming, and ultimately destroying, the featufes that the community In particular, the plan: ➢ calls for the development of a variety of regulations that would protect the appearance of the corridor and limit uses within the Community, ➢ directs large scale commercial growth away from the core area of the community, ➢ minimizes residential development, ➢ maintains large amounts of open space, ➢ ensures that new development within the core area is in keeping with the scale of the community, • �- MWISTMWITATS N". . _ - IN "11 .. --- In, 07OT94 As with development proposals within the current Urban Development Area, construction of new collector roads and the installation of sewer and water within the Community Center would be the responsibility of the developer. Each of the phases contains segments of collector roads which are intended to channel traffic to and from a few key intersections along Route 50. These collectors are seen as a preferred alternative to permitting an excessive number of individual business entrances on Route 50. The locations of collectors roads shown are not intended to be precise. Development proposals submitted for specific areas would be expected to provide for roads which make the connections indicated and serve tl}e—kAended funetion, but watild—n neeessffi1 fellow the pfeeise al ..-.amts shavvii. As the areas develop, signalization and crosswalks will be required where collectors intersect Route 50. Pr-eeedtffes—alfead3 zrpla The recommendations contained within the Round Hill Land Use Plan attempt to allow for growth within the Community Center without overwhelming, and ultimately destroying, the featufes that the community In particular, the plan: ➢ calls for the development of a variety of regulations that would protect the appearance of the corridor and limit uses within the Community, ➢ directs large scale commercial growth away from the core area of the community, ➢ minimizes residential development, ➢ maintains large amounts of open space, ➢ ensures that new development within the core area is in keeping with the scale of the community, ATTACHMENT 1 ➢ 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. While the plan does not off-ef speeifie land use r-egulations, it suggests fi��ufes that should b examined and ealls for- the development of a new zoning district that is tailored to Round Hill. Route 50 West should not become a typical commercial strip. A green space should be maintained along either side of the road and a pedestrian/bikeway should be incorporated into development plans. It is hoped that many of the standafds pfopesed �A411 be appheable to othe r pity GeiAefs thsoag hetthe rye Frederick County Comprehensive Plan -77 41 4 184.21 15, ' 't /k'-\. AJO 42 A 155 Roun- Hill \. 4 n. A I ml rM U 52 42 A 18� CO nunity 11 A 171 Y 274.16 7.25 105.26 hti So." P Land Ian 7ota id 52 A 47 Ab 1 1 Study ..... .. 53 A 1 1180 Acres otal Study Area 7A 52 2 Ajam\ N 55 b 53 A 69 52 A 50 121.9... "71 206.61.. Feet V --Z' 0 750 1,500 52 A 92A i 52 A 63 Proposed Traffic Signal 5465 53 A A Proposed Collector Roads 'e 7334. 'z Phase 1 11 OaCFes 74 A G FIV Phase 3Phase 2 - 180acres 53 A 68 9797 300acres Streets , el Primary j I 7 Secondary vv 52 A42 Terciary Q, Y 14 e B., Winchester City % railroads ac. 2 A 121 Lakes 52 A 261 63 135.87 Streams Parcels Urban Development Area �)SVVSA 7 11 A 11 239.92.. 52 A 256 Community Centers 425.9 ac. A �Frede County Dept of ck 52 A 260 40.5 evelopment 52 A 30 Planning, 305,43 J'� T, ' t St x 10— t St Ix /"\,/ \ :0 , . Winchester VA 601 > 601 www.CO.FRED;ERICK. �US 52 A 305 "N 433 .01 Adopted May 10, 2 52 K , >' I , " 53 A 92A 3 145.84... 1705. UDA updated Sept.13, 2006 ATTACHMENT 2 BLACK TEXT = TEXT FROM ROUND HILL PLAN ADOPTED MAY 10 2006 RED TEXT = DRAFT TEXT FROM ROUND HILL PLAN Guiding Principles The Round Hill Community has two distinct areas, the long established rural community center focused around Round Hill Road (Route 803) and the developing commercial area along Northwestern Pike (Route 50). This plan encompasses both of these areas. The plan has two primary goals - first, to protect and enhance the character of the established rural community center and second, to create a vibrant, functional and well-designed commercial center. While the two areas are distinct, this plan seeks to link them by efficient roads and multi-purpose trails and sidewalks and to locate a park and other public facilities in Round Hill for the benefit of both the residents and the workers. As with previous version of the Round Hill Plan, a key goal of this plan is to provide access to sewer services for the existing residents of the Round Hill community. Land Use Rural Community Center The core of the long established rural community center consists primarily of residences. In the past, a number of small businesses were located in the core area, but few of these remain today. The development pattern established in Round Hill consists of both small lots along Round Hill Road, Poorhouse Road, Woodchuck Lane and other roads, and the larger lots and small farms on the periphery. Both residential patterns should continue. The farms and large lots on the periphery of Round Hill should be maintained to preserve the rural character. In order to further preserve the existing character of the area, no part of the Round Hill Community Center should have high density housing. Along the residential streets, the established small -lot residential pattern should be continued. Most residential lots in Round Hill are less than one-half acre. They contain single family detached houses with small front yard setbacks. This historic development pattern cannot be accommodated within the existing RA (Rural Areas) Zoning District, which allows one residence for every five acres. A new zoning district will need to be created to accommodate infill development that is in character with the area. Such a district should address housing type, lot size and setbacks and might allow for modest commercial/retail uses (with discreet signage) to serve surrounding residents. Other issues to be addressed with a new zoning district would be street trees, curb -side parking and underground utilities. In recent years, new residential development in Round Hill has been limited due to the need for private health systems. Expansion of the Sewer and Water Service Area (SWSA) in 2006 to a wider area of Round Hill has given the opportunity for some existing residents to connect to public water and sewer, at the property owner's expense. Small lot infill development, as -t- ATTACHMENT 2 described above, would not be able to accommodate private health systems and wells. Once an ordinance is in place to accommodate in -fill development, the County will need to re-examine the SWSA boundary to determine any other areas in Round Hill that should be enabled to connect to public water and sewer services. Rezonings to the new district should not be allowed prior to the availability of public water and sewer. Commercial Development Commercial development is an important component of the Round Hill area; historically, highway commercial uses located along Northwestern Pike (Route 50). These included gas stations, car dealers, restaurants and small retail establishments, and some of these remain. In more recent years, Round Hill Crossing (the large Wal-Mart center) developed on the north side of Route 50, and this 70 acre site will ultimately accommodate retail, restaurant and business development. The Winchester Medical Center — West Campus, with 102 acres to the east of Round Hill Crossing, has both a retail component along Route 50 and a medical component, the northern portion which is zoned MS (Medical Support) District. Together these two large developments have changed the character of Route 50. Large-scale commercial development is now a dominating presence in Round Hill. Its growth and development should be carefully planned to take advantage of its close proximity to the Winchester Medical Center, but this development should not prejudice the quality of life for existing residents in the Round Hill Community Center. Two distinct commercial environments are planned for Round Hill — a general commercial area and a medically related commercial area. Both are planned to accommodate only business uses. The first commercial component is the general commercial area already under development. Route 50 functions as a gateway to Frederick County from the City of Winchester. Therefore, an objective of this plan is to create an attractive, functional commercial area and to prevent the creation of a typical commercial strip. Consolidated entrances are strongly encouraged to avoid multiple -entrances along Route 50 and other roads with commercial properties. Inter -parcel connections will be necessary for the small lots to develop. Standards have been developed that will minimize the visual disruption to the Route 50 corridor (see Figure 13A). These include standards for shared entrances with inter -parcel connectors, requiring a green space along Route 50, the screening of structures and parking areas and their location in relation to Route 50 itself, controlling the size, number and location of signs, requiring underground utilities, and minimum standards for landscaping. These standards strongly discourage individual business entrances both for aesthetic reasons as well as for transportation safety and efficiency. Commercial establishments should front feeder roads that connect to Route 50 at signalized intersections. Another design feature is extra screening between the commercial properties and existing residences to protect the character of the residential areas. A continuation of the general commercial area is planned in the vicinity of Ward Avenue and Stonewall Drive. As this area redevelops, new developments will be expected to follow the Route 50 standards (Figure 13A) that apply to small parcels on the south side of Route 50. Consolidation of these small parcels is the key to redeveloping this area. A minor collector road, -2- ATTACHMENT 2 to join Round Hill Road (Route 803) and Ward Avenue, is planned to funnel traffic to two key intersections on Route 50. Eieure 13A Design Principles for the Round Hill Route 50 Corridor Street trees in the median, along both sides of the ditch; Freestanding signs — one monument sign per development (maximum size - 50 feet, maximum height — 12 feet); No off -premise business signs; Crosswalks at signalized intersections, with signals for pedestrians; Interparcel connectors required between all properties planned for commercial development (even if currently zoned RA and used for residential purposes) to encourage shared entrances; Commercial entrance spacing — Commercial entrances are strongly discouraged on Route 50. If no other alternative exists, entrance spacing - 200 feet if speed limit is 35 mph or less, 250 feet if speed limit is greater than 35 mph; A row of evergreens in addition to the ordinance -required buffer and screening adjacent to areas planned to remain residential; Underground utilities; Placement of buildings close to Route 50 with landscaped parking lots in the rear; North side of Route 50: 50 foot landscaped strip, within the landscaped strip a ten foot asphalt bike trail, ornamental shrubs and street trees along Route 50; South side of Route 50: 50 foot landscaped strip (20 feet for small tracts), within the landscaped strip a five foot concrete sidewalk, ornamental shrubs and street trees along Route 50; Due to its close proximity to the Winchester Medical Center, both the main facility and the West Campus, the Round Hill area offers a unique location to accommodate medical -related commercial uses. Therefore, a second commercial component of the Round Hill Plan is to provide a large campus environment on the north side of Route 50. A number of large open tracts of land exist in this location. It is anticipated that such a campus could accommodate hospital -related uses, medical offices and institutional uses. In a campus setting, sites have heavily landscaped green areas and tree lined boulevards. In order to minimize areas of impervious surface, decked or structured parking or increased building heights may be warranted. High quality building designs and materials are expected. Small plazas at the building entrances or in the center of a group of buildings are suggested. Site design standards are expected to exceed those established for the Route 50 corridor (Figure 13A). Coordinated signage, lighting and street furniture are sought. The frontage properties along the north side of Route 50 could accommodate limited compatible retail uses, although these would need to be integrated into the campus environment and not be allowed to directly -3- A'>i AC;f>iM ENI' 2 access Route 50. Additionally, any properties along Route 50 will be strongly discouraged from placing blank walls and loading areas in this highly visible area. All of the commercial areas in Round Hill should provide cominercial services and employment opportunities that are accessible for residents within the Round Hill area via alternative modes of transportation, such as pedestrian and bicycle facilities. Enhanced accessibility is anticipated through the connection of such areas to the existing residential areas by a network of multi- purpose trails, sidewalks and intersections with pedestrian actualized signals. Transportation The County's Eastern Road Plan and the Win -Fred Metropolitan Planning Organization (MPO) 2030 Transportation Plan call for Route 50 to be improved to a six -lane minor arterial road between Route 37 and Poorhouse Road (Route 654). West of Poorhouse Road, Route 50 is planned as a four -lane minor arterial. Sidewalks are planned on the south side of Route 50 and multi-purpose trails on the north side. Developments along Route 50 will be expected to incorporate these road improvements. A north/south collector road, parallel to Route 37, is included in the Route 37 West Land Use Plan. This road is also incorporated into the County's Eastern Road Plan. A section of this road, Botanical Boulevard, is being built with the Winchester Medical Center — West Campus development. Should properties further to the north develop, this road would eventually connect to Route 522 (North Frederick Pike). An east/west collector road, parallel to Route 50 is also included in the Eastern Road Plan. A section of this road, Petticoat Gap Lane, has been proffered with the Round Hill Crossing development. This road is envisioned as an urban divided four -lane cross-section that includes landscaped medians as well as pedestrian and bicycle facilities, to enhance transportation on the north side of Route 50. Development in the campus area will need to accommodate the continuation of this collector road. A new north/south major collector road is planned through the medical campus commercial area. This road will serve the campus and provide access to development north of Round Hill, should the County plan for that in the future. While this road is envisioned as an urban divided four -lane road that includes landscaped medians as well as pedestrian and bicycle facilities, it may initially be built as a two-lane road because development to the north may not occur for many years, if at all. The location shown on the plan is general, with the precise location of the north -south collector road remaining flexible. Limited vehicular access is recommended throughout the Round Hill Community, particularly along Route 50. A six lane arterial road should not include multiple access points. Ideally access should be limited to four signalized intersections. Noted throughout this plan is the requirement for alternative modes of transportation, such as pedestrian and bicycle facilities. The plan calls for an interconnected system of multi-purpose trails and sidewalks. It is critical that these alternative modes of transportation link the entire -4- ATTACHMENT 2 Round Hill area and link to the main Winchester Medical Center. A pedestrian bridge over Route 50 should be provided to link the north and south sides of Route 50. A future Winchester Medical Center internal road over Route 37 should provide a sidewalk and trail for bicycle and pedestrian access. The County should also encourage the extension of existing bus routes to serve the area. Ideally, bus stops should be located at all of the commercial centers. The development of new road systems, new signalization and improvements to existing road systems are all elements of this plan. It will be the responsibility of private property owners and developers to ensure that these improvements are made. No rezonings should be approved until the County is certain that the transportation impacts of development will be mitigated and the improvements facilitate the goals of the Comprehensive Policy Plan. As with all area of the County, Level of Service "C" should be maintained on roads adjacent to and within new developments. _VnvirnnmPnf A number of environmental features are found in the Round Hill Community. The area is dominated by two major natural features -- Round Hill itself, which is west of Poorhouse Road and a north/south ridgeline. The rid -cline, west of Winchester Crossing, is highly visible and should be sensitively developed. Ponds, streams and floodplains are present and will need to be protected with any future development. These natural areas provide an obvious location for a trail system. Historical Resources Round Hill is one of the older settlements in Frederick County. The original village was located at the base of Round Hill. The community today includes a small number of eighteenth and nineteenth century dwellings. Approximately 30 late -nineteenth century and early -to -mid twentieth century houses, primarily American Foursquares and I -houses are located in the area. The mid -nineteenth century Round Hill Presbyterian Church and the early -twentieth century Round Hill School (now used as a residence) are also located in this community. Protection of these historic structures is encouraged. Public Utilities A fundamental issue for the development of Round Hill has been the provision of public water and sewer. Development of the area is dependent on the availability of appropriate infrastructure. The Sewer and Water Service Area (SWSA) has been extended to portions of Round Hill a number of times in recent years. This plan does not recommend rezoning land within the community for commercial development prior to the provision of central sewer and water. It is also recommended that as land is developed over time and infrastructure extended, that new developments further the goal of providing sewer to the core residential area of the community. This should be facilitated in two ways — by the sizing of utility pipes to insure capacity for all of Round Hill, and by providing utility easements so that adjacent property owners have the ability to connect to new water and sewer lines. -5- ATTACHMENT 2 The Round Hill area will ultimately be served by two wastewater treatment plants. The area immediately west of Route 37, including Winchester Medical Center — West Campus and Round Hill Crossing are served by the Opequon Water Reclamation Facility. This facility has limited capacity. Therefore, future development south of Route 50 and also west of Round Hill Crossing will be served by the Parkins Mill Wastewater Treatment Plant. An expansion of the Parkins Mill Plant has been designed and the expanded plant should be operational in 2009. Adequate wastewater capacity to serve Round Hill should be available by 2010. Water lines exist on Route 50 in the area of Round Hill Crossing and the Winchester Medical Center — West site. These lines have sufficient capacity to provide the volume of water the Round Hill area could demand. However, they do not have sufficient pressure. To provide adequate pressure, existing line pressure would have to be boosted and water storage provided. Public Facilities Public facilities to serve new development in the Round Hill Community may be required in the future. It would then be necessary for future development to provide a site for such public facilities. The Round Hill Community Volunteer Fire & Rescue Company, in particular, is in need of a site for a new facility. Parks The Round Hill Community has one neighborhood park, at the Round Hill Fire Station. A children's play area is maintained by the Frederick County Department of Parks and Recreation and the fire company maintains a ball field. The scope of this park could be expanded, possibly with the relocation of the fire station. The medical campus commercial area should include a new park, ideally in the area of the large pond. This park would be visible from Route 50 and could serve as the visual focal point of the entire Round Hill Community. This park would be a passive recreational facility with trails, benches and outdoor eating areas. It should be designed to serve both the workers on the campus as well as the residents of Round Hill. A linear trail could also link this park to the smaller pond to the north. Also, part of the park network will be the interconnected trail system as described in the transportation section. Consideration should be given to establishing a trail along the ridgeline between Route 50 and Route 522 and a trail at the southern edge of Round Hill to link to the Green Circle in the City of Winchester. -6- ' 41 A 61 bt P 196 w PQ� V 41 A 55 151.97 ¢h B 52 A 29" , `r 52 A 1 2Z5 j1.25 • O ( ° - °' { fi 52 A 47 156.67 G4.• w• '' CJ (, 52 A 92A ` 55 -w r • � � _ _ :. 7 Ana � 52 A�122 n ry 's2 R 14.2 e Q'ry ry ` .• - t� 72 52 A 124 72,E f e 115.66 52 A 267 135.87 {a r Br 52 A 256 T °� � • � a Q 42$.9 & 3 ? 6� `L °9 P a ° 52 A 300 �t 305.43 52 A 305 P �1 hti h� pp 433.01 41 A 166 A •/ R®un, All 126.5 41 A 169Community 184.21 � � a Land Use Plan DRAFT ry � t• O r t e A 170 42 A 180 < 1; 274.16 105.26" ` N WE B ^^� 5 /� pY 53 A 1 f ? t (Feet . \ 96.69 ® 0 750 1,500 ri / i 53 A 69 f c� "V�®® Proposed Collector Roads 120.9 ajSWSA V Expansion Request /W-0 Proposed Traffic Signal Streets railroads /fF L tJ } Lakes �,�G� Streams Urban Development Area SVVSA fl t ' �" �✓ O Parcels P P Community Center f = o0o P Business F : s Park 9 p 7= 53 A 88 r d 239.92 a ityl inchester. s r Frederick County Dept of ,,, ° • Planning & Development d ; gAn)SPed� i 107 N Kent St 4 s Winchester, VA 22601 www.CO.FREDERICK.VA.US r � ¢ June 1996 53 A 92A Updated as of April 27, 2006 0 145.64 DRAFT REQUEST DEC 2006 DRAFT ROUND HILL COMMUNITY LAND USE PLAN ATTACHMENT 3 Draft following Planning Commission — January 2007 GuidinL- Principles The Round Hill Community has two distinct areas, the long established rural community center focused around Round Hill Road (Route 803) and the developing coinmercial area along Northwestern Pike (Route 50). This plan encompasses both of these areas. The plan has two .primary goals - first, to protect and enhance the character of the established rural community center and second, to create a vibrant, functional and well-designed commercial center. While the two areas are distinct, this plan seeks to link them by efficient roads and multi-purpose trails and sidewalks and to locate a park and other public facilities in Round Hill for the benefit of both the residents and the workers. As with previous version of the Round Hill Plan, a key goal of this plan is to provide access to sewer services for the existing residents of the Round Hill community. Land Use Rural Community Center The core of the long established rural community center consists primarily of residences. In the past, a number of small businesses were located in the core area, but few of these remain today. The development pattern established in Round Hill consists of both small lots along Round Hill Road, Poorhouse Road, Woodchuck Lane and other roads, and the larger lots and small farms on the periphery. Both residential patterns should continue. The farms and large lots on the periphery of Round Hill should be maintained to preserve the rural character. In order to further preserve the existing character of the area, no part of the Round Hill Community Center should have high density housing. Along the residential streets, the established small -lot residential pattern should be continued. Most residential lots in Round Hill are less than one-half acre. They contain single family detached houses with small front yard setbacks. This historic development pattern cannot be accommodated within the existing RA (Rural Areas) Zoning District, which allows one residence for every five acres. A new zoning district will need to be created to accommodate infill development that is in character with the area. Such a district should address housing type, lot size and setbacks and might allow for modest commercial/retail uses (with discreet signage) to serve surrounding residents. Other issues to be addressed with a new zoning district would be street trees, curb -side parking and underground utilities. In recent years, new residential development in Round Hill has been limited due to the need for private health systems. Expansion of the Sewer and Water Service Area (SWSA) in 2006 to a wider area of Round Hill has given the opportunity for some existing residents to connect to -1- DRAFT ATTACHMENT 3 public water and sewer, at the property owner's expense. Small lot infill development, as described above, would not be able to accommodate private health systems and wells. Once an ordinance is in place to accommodate in -fill development, the County will need to re-examine SW � Round .7 TT' 1 +l. 1 1. 1-.1 + the a WSA boundary to determine any other areas iii Hound Hill that should be enabled to connect to public water and sewer services. Rezonings to the new district should not be allowed prior to the availability of public water and sewer. Commercial Development Commercial development is an important component of the Round Hill area; historically, highway cominercial uses located along Northwestern Pike (Route 50). These included gas stations, car dealers, restaurants and small retail establishments, and some of these remain. In more recent years, Round Hill Crossing (the large Wal-Mart center) developed on the north side of Route 50, and this 70 acre site will ultimately accommodate retail, restaurant and business development. The Winchester Medical Center — West Campus, with 102 acres to the east of Round Hill Crossing, has both a retail component along Route 50 and a medical component, the northern portion which is zoned MS (Medical Support) District. Together these two large developments have changed the character of Route 50. Large-scale commercial development is now a dominating presence in Round Hill. Its growth and development should be carefully planned to take advantage of its close proximity to the Winchester Medical Center, but this development should not prejudice the quality of life for existing residents in the Round Hill Community Center. Two distinct commercial environments are planned for Round Hill — a general commercial area and a medically related commercial area. Both are planned to accommodate only business uses. The first commercial component is the general commercial area already under development. Route 50 functions as a gateway to Frederick County from the City of Winchester. Therefore, an objective of this plan is to create an attractive, functional commercial area and to prevent the creation of a typical commercial strip. Consolidated entrances are strongly encouraged to avoid multiple -entrances along Route 50 and other roads with commercial properties. Inter -parcel connections will be necessary for the small lots to develop. Standards have been developed that will minimize the visual disruption to the Route 50 corridor (see Figure 13A). These include standards for shared entrances with inter -parcel connectors, requiring a green space along Route 50, the screening of structures and parking areas and their location in relation to Route 50 itself, controlling the size, number and location of signs, requiring underground utilities, and minimum standards for landscaping. These standards strongly discourage individual business entrances both for aesthetic reasons as well as for transportation safety and efficiency. Commercial establishments should front feeder roads that connect to Route 50 at signalized intersections. Another design feature is extra screening between the commercial properties and existing residences to protect the character of the residential areas. A continuation of the general commercial area is planned in the vicinity of Ward Avenue and Stonewall Drive. As this area redevelops, new developments will be expected to follow the Route 50 standards (Figure 13A) that apply to small parcels on the south side of Route 50. Consolidation of these small parcels is the key to redeveloping this area. A minor collector road, -2- DRAFT ATTACHMENT 3 to join Round Hill Road (Route 803) and Ward Avenue, is planned to funnel traffic to two key intersections on Route 50. 1SA Hill Route 5 Street trees in the median, along both sides of the ditch; Freestanding signs — one monument sign per development (maximum size - 50 feet, maximum height — 12 feet); No off -premise business signs; Crosswalks at signalized intersections, with signals for pedestrians; Interparcel connectors required between all properties planned for commercial development (even if currently zoned RA and used for residential purposes) to encourage shared entrances; Commercial entrance spacing — Commercial entrances are strongly discouraged on Route 50. If no other alternative exists, entrance spacing - 200 feet if speed limit is 35 mph or less, 250 feet if speed limit is greater than 35 mph; A row of evergreens in addition to the ordinance -required buffer and screening adjacent to areas planned to remain residential; Underground utilities; Placement of buildings close to Route 50 with landscaped parking lots in the rear; North side of Route 50: 50 foot landscaped strip, within the landscaped strip a ten foot asphalt bike trail, ornamental shrubs and street trees along Route 50; South side of Route 50: 50 foot landscaped strip (20 feet for small tracts), within the landscaped strip a five foot concrete sidewalk, ornamental shrubs and street trees along Route 50; Due to its close proximity to the Winchester Medical Center, both the main facility and the West Campus, the Round Hill area offers a unique location to accommodate medical -related commercial uses. Therefore, a second commercial component of the Round Hill Plan is to provide a large campus environment on the north side of Route 50. A number of large open tracts of land exist in this location. It is anticipated that such a campus could accommodate hospital -related uses, medical offices and institutional uses. In a campus setting, sites have heavily landscaped green areas and tree lined boulevards. In order to minimize areas of impervious surface, decked or structured parking or increased building heights may be warranted. High quality building designs and materials are expected. Small plazas at the building entrances or in the center of a group of buildings are suggested. Site design standards are expected to exceed those established for the Route 50 corridor (Figure 13A). Coordinated signage, lighting and street furniture are sought. The frontage properties along the north side of Route 50 could accommodate limited compatible retail uses, although these would need to be integrated into the campus environment and not be allowed to directly -3- DRAFT ATTACHMENT 3 access Route 50. Additionally, any properties along Route 50 will be strongly discouraged from placing blank walls and loading areas in this highly visible area. All of the commercial areas in Round Hill should provide commercial services and employment opportunities that are accessible for residents within the Round Hill area via alternative modes of transportation, such as pedestrian and bicycle facilities. Enhanced accessibility is anticipated through the connection of such areas to the existing residential areas by a network of multi- purpose trails, sidewalks and intersections with pedestrian actualized signals. Tr ansnortation The County's Eastern Road Plan and the Win -Fred Metropolitan Planning Organization (MPO) 2030 Transportation Plan call for Route 50 to be improved to a six -lane minor arterial road between Route 37 and Poorhouse Road (Route 654). West of Poorhouse Road, Route 50 is planned as a four -lane minor arterial. Sidewalks are planned on the south side of Route 50 and multi-purpose trails on the north side. Developments along Route 50 will be expected to incorporate these road improvements. A north/south collector road, parallel to Route 37, is included in the Route 37 West Land Use Plan. This road is also incorporated into the County's Eastern Road Plan. A section of this road, Botanical Boulevard, is being built with the Winchester Medical Center — West Campus development. Should properties further to the north develop, this road would eventually connect to Route 522 (North Frederick Pike). An east/west collector road, parallel to Route 50 is also included in the Eastern Road Plan. A section of this road, Petticoat Gap Lane, has been proffered with the Round Hill Crossing development. This road is envisioned as an urban divided four -lane cross-section that includes landscaped medians as well as pedestrian and bicycle facilities, to enhance transportation on the north side of Route 50. Development in the campus area will need to accommodate the continuation of this collector road. A new north/south major collector road is planned through the medical campus commercial area. This road will serve the campus and provide access to development north of Round Hill; should the County plan for that in the future. While this road is envisioned as an urban divided four -lane road that includes landscaped medians as well as pedestrian and bicycle facilities, it may initially be built as a two-lane road because development to the north may not occur for many years, if at all. The location shown on the plan is general, with the precise location of the north -south collector road remaining flexible. Limited vehicular access is recommended throughout the Round Hill Community, particularly along Route 50. A six lane arterial road should not include multiple access points. Ideally access should be limited to four signalized intersections. Noted throughout this plan is the requirement for alternative modes of transportation, such as pedestrian and bicycle facilities. The plan calls for an interconnected system of multi-purpose trails and sidewalks. It is critical that these alternative modes of transportation link the entire -4- DRAFT ATTACHMENT 3 Round Hill area and link to the main Winchester Medical Center. A pedestrian bridge over Route 50 should be provided to link the north and south sides of Route 50. A future Winchester Medical Center internal road over Route 37 should provide a sidewalk and trail for bicycle and pedestrian access. The County should also encourage the extension of existing bus routes to serve the area. Ideally, bus stops should be located at all of the commercial centers. The development of new road systems, new signalization and improvements to existing road systems are all elements of this plan. It will be the responsibility of private property owners and developers to ensure that these improvements are made. No rezonings should be approved until the County is certain that the transportation impacts of development will be mitigated and the improvements facilitate the goals of the Comprehensive Policy Plan. As with all area of the County, Level of Service "C" should be maintained on roads adjacent to and within new developments. Environment A number of environmental features are found in the Round Hill Community. The area is dominated by two major natural features — Round Hill itself, which is west of Poorhouse Road and a north/south ridgeline. The ridgeline, west of Winchester Crossing, is highly visible and should be sensitively developed. Ponds, streams and floodplains are present and will need to be protected with any future development. These natural areas provide an obvious location for a trail system. Historical Resources Round Hill is one of the older settlements in Frederick County. The original village was located at the base of Round Hill. The community today includes a small number of eighteenth and nineteenth century dwellings. Approximately 30 late -nineteenth century and early -to -mid twentieth century houses, primarily American Foursquares and I -houses are located in the area. The mid -nineteenth century Round Hill Presbyterian Church and the early -twentieth century Round Hill School (now used as a residence) are also located in this community. Protection of these historic structures is encouraged. Public Utilities A fundamental issue for the development of Round Hill has been the provision of public water and sewer. Development of the area is dependent on the availability of appropriate infrastructure. The Sewer and Water Service Area (SWSA) has been extended to portions of Round Hill a number of times in recent years. This plan does not recommend rezoning land within the community for commercial development prior to the provision of central sewer and water. It is also recommended that as land is developed over time and infrastructure extended, that new developments further the goal of providing sewer to the core residential area of the community. This should be facilitated in two ways — by the sizing of utility pipes to insure capacity for all of Round Hill, and by providing utility easements so that adjacent property owners have the ability to connect to new water and sewer lines. -5- DRAFT ATTACHMENT 3 The Round Hill area will ultimately be served by two wastewater treatment plants. The area immediately west of Route 37, including Winchester Medical Center — West Campus and Round Hill Crossing are served by the Opequon Water Reclamation Facility. This facility has limited capacity. Therefore, future development south of Route 50 and also west of Round Hill Crossing will be served by the Parkins Mill Wastewater Treatment Plant. An expansion of the Parkins Mill Plant has been designed and the expanded plant should be operational in 2009. Adequate wastewater capacity to serve Round Hill should be available by 2010. Water lines exist on Route 50 in the area of Round Hill Crossing and the Winchester Medical Center — West site. These lines have sufficient capacity to provide the volume of water the Round Hill area could demand. However, they do not have sufficient pressure. To provide adequate pressure, existing line pressure would have to be boosted and water storage provided. Public Facilities Public facilities to serve new development in the Round Hill Community may be required in the future. It would then be necessary for future development to provide a site for such public facilities. The Round Hill Community Volunteer Fire & Rescue Company, in particular, is in need of a site for a new facility. Parks The Round Hill Community has one neighborhood park, at the Round Hill Fire Station. A children's play area is maintained by the Frederick County Department of Parks and Recreation and the fire company maintains a ball field. The scope of this park could be expanded, possibly with the relocation of the fire station. The medical campus commercial area should include a new park, ideally in the area of the large pond. This park would be visible from Route 50 and could serve as the visual focal point of the entire Round Hill Community. This park would be a passive recreational facility with trails, benches and outdoor eating areas. It should be designed to serve both the workers on the campus as well as the residents of Round Hill. A linear trail could also link this park to the smaller pond to the north. Also, part of the park network will be the interconnected trail system as described in the transportation section. Consideration should be given to establishing a trail along the ridgeline between Route 50 and Route 522 and a trail at the southern edge of Round Hill to link to the Green Circle in the City of Winchester. -6- 41 A 61 y e v 196 41 A 1bo .,,rt aB Rour► ® Hill �P 126.5 41 A 169 184.21 Community a a Lana Use Plan 41 A 55 151.97 DRAFT a 52 A 29. 1 ` 41 A 170 N 52 A 1 225 , 5 42 A 180 21.25 ® 5ry bya 274.16 105.26'- ' 52 A 47I—� Feet 156.67 - 53 A 1 a 96.69 p 0 750 1,500 41 53 A 69 9Q® Proposed Collector Roads �'SVVSAE �� . f � / • � � �'• xpansion Request Proposed Traffic Signal �' • Q 52 A 92A `g /' r v Streets 04s �� %`'V railroads Lakes o- ela 52 P1 /� Q Streams e rv, Urban Development Area CSMA s2 142 e Q ry A f 52:, t1t Fir:. Parcels Community Center X47 '�F r4 pQ- a �` o0o t -�B 51 16'0• \ ^ry - e t; r Business S' q 52 A 124 {, ` a f ,F Park ? 2� 115.66 E. 52 A 261 s F 135.87 f c 4a r 53 A 86 �• a d 52 A 256 425 239 92 a a ity �f inchester - ar' s S (� .9 f ye rf tyF Frederick County Dept of Planning & Development 3055.43 a 52 300 ,� "'� '107 N Kent St � � ` .q 'n+'s eats la Ea, 8 Winchester, VA 22601 �' P www.CC.FREDERICK.VA.US 52 A 305 . ap 433.01 5ry h�. June 1996 Updated as of �QcG . ' , ' o 53145.642A April 27, 2006 DRAFT REQUEST DEC 2006 o C • L: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Frederick County Planning Commission From: Susan K. Eddy, Senior Planner SKE Subject: Public Hearing - Proposed Zoning Ordinance Amendment — Monument Heights (§ 165-24(B)(1)(g)) Date: April 16, 2007 As Planning Commissioners are aware, staff has recently heard concerns about tall monuments in the area. §165-24(B)(1)(g) of the Zoning Ordinance exempts monuments from the maximum height regulations of the underlying zoning district in which they are located. A text amendment to the Zoning Ordinance to remove monuments from the list of structures exempt from height restrictions was endorsed by the Development Review and Regulations Subcommittee (DRRS) at their meeting on March 22, 2007. This proposed text amendment was discussed by Planning Commissioners at your meeting on April 4, 2007. Members were supportive of the amendment. Members of the Board of Supervisors were sent copies of the proposed ordinance amendment and did not provide comments. The attached documents show the existing ordinance, the proposed change to the ordinance (with strikethroughs for text eliminated) and a clean version of the text as it is proposed to be adopted. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Existing ordinance 2. Existing ordinance with proposed change shown in blackline 3. Proposed ordinance (clean version) SKE/bad 107 North Kent Street, Suite 202 m Winchester, Virginia 22601-5000 Current Ordinance APPENDIX 1 - CURRENT ADOPTED ORDINANCE Chapter 165 - Zoning ARTICLE IV Supplementary Use Regulations §165-24. Height limitations; exceptions. [Amended 4-1-1991] A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. (g) Monuments. (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunications facilities. [Amended 4-9-1997] (k) Smokestacks and cooling towers. (1) Utility poles and towers. (m) Water tanks. (n) Windmills. Appendix I — Current Ordinance - 1 - Proposed Changes - Blackline APPENDIX 2 - PROPOSED CHANGES WITH STRIKETHROUGHS AND BOLD ITALIC Chapter 165 - Zoning ARTICLE IV Supplementary Use Regulations §165-24. Height limitations; exceptions. [Amended 4-1-1991] A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. (g) Mapuffietts. (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunications facilities. [Amended 4-9-1997] (k) Smokestacks and cooling towers. (1) Utility poles and towers. (m) Water tanks. (n) Windmills. Appendix 2 — Proposed Changes -Blackline - 1 - Proposed Ordinances (Clean Version) APPENDIX 3 - PROPOSED ORDINANCE (CLEAN VERSION) Chapter 165 - Zoning ATTT TVR(E Supplementary Use Regulations §165-24. Height limitations; exceptions. [Amended 4-1-1991] A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. (g) (Reserved) (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunications facilities. [Amended 4-9-1997] (k) Smokestacks and cooling towers. (1) Utility poles and towers. (m) Water tanks. (n) Windmills. Appendix 3 — Proposed Ordinances (Clean Version) - 1 - REZONING APPLICATION #04-07 HAGGERTY PROPERTY PROFFER REVISION Staff Report for the Planning Commission Prepared: April 18, 2007 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: 05/02/07 Board of Supervisors: 05/23/07 Action Pending Pending PROPOSAL: To revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. LOCATION: The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-212 and 55 -A -212A PROPERTY ZONING: RP (Residential Performance) with Proffers (RZ14-04) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Area) East: Clarke County West: RA (Rural Area) RP (Residential Performance) Use: Vacant/Wastewater Treatment Plant Use: Vacant/ Agricultural Use: Agricultural Use: Vacant/Agricultural Vacant (Twin Lakes) PROPOSED USES: 300 Single Family Attached and single family detached housing units. Rezoning #04-07 — Haggerty Property Page 2 April 18, 2007 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Haggerty Rezoning Modification Request Application dated December 14, 2006 addresses transportation concerns associated with this request. VDOT is satisfied provided the following clarifications are provided in Section 13.2: • The spine road will transition from the R-2 cross section to the Route 37 typical section upon entering the proposed Route 37 Corridor. • It should be clarified that "project boundary" and "property line" are the same in reference to the construction of a spine road. 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. Fire Marshall: Plan approval recommended. Department of Inspections: Shall require 100 year flood plain elevation to be established on any future subdivision plan. No additional comments at this time. Department of Public Works: Refer to paragraph 10.2iii: The statement "if they decide..." conflicts with paragraph 10.4 where the HOA is required to provide curbside trash collection. Delete the latter part of paragraph 10.2iii "if they... company". Frederick -Winchester Service Authority: Our first comment is in reference to Section 11, Water and Sewer, Subparagraph 11.4, regarding the applicant's proffer to install a water main to a point of connection with the Frederick -Winchester Service Authority's Opequon sewer plant property line. Under an agreement approved by the Frederick -Winchester Service Authority Board, the water main would be extended and tied into the existing onsite water system which would require an extension well beyond the Opequon's westerly property line. Our other comment is with regard to the applicant's change (downgrading) of the roadway system from urban undivided (U2) to rural undivided (R2). Our concern is that, with the new entrance to the Opequon facility coming off of the new collection road, there will be significant truck traffic entering and leaving the facility. We believe a left turn lane is critical. In closing, so that you are aware of the requirements of the applicant to the Frederick -Winchester Service Authority, I have attached prior correspondence outlining those conditions. I will also note that, as of this date (1/3/07), we have not received a formal submittal regarding the entrance to the Opequon facility, although I have met with your firm to discuss options prior to your submittal of this proffer statement. Sanitation Authority Department: We will provide sewer and water service to this site. Rezoning #04-07 — Haggerty Property Page 3 April 18, 2007 Department of Parks & Recreation: No comment. Winchester Regional Airport: Neither the location or the elevation of this site requires a 7460-1 to be filed with the Federal Aviation Administration; however, it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly- over noise from aircraft entering into or departing the flight patter from the North. Frederick County Public Schools: Based on the information provided, it is important that improvements to the transportation system in this undeveloped part of Frederick County be completed prior to the issuance of building permits. Transporting large numbers of students in and out of areas with high density housing has become increasingly difficult. The impact of this project on current and future school needs should be considered during the approval process. Planning & Zoning: 1) Site History On February 9, 2005, the Frederick County Board of Supervisors approved Rezoning #14-04 for the Haggerty Property. Specifically, this request was to rezone 111.56 acres from RA (Rural Areas) to RP (Residential Performance) with proffers which enabled the development of up to 300 single family detached and single family attached housing units. The request also contained significant transportation proffers which supported a revised Eastern Road Plan and relocated Valley Mill Road. Due to several transportation issues, PHR&A, on behalf of various property owners including this applicant, approached the County in December 2006 to request consideration of a revision to the Frederick County Eastern Road Plan. The issues the request sought to address included; inconsistencies between the Haggerty Master Development Plan submitted to the County and the Proffers and Generalized Development Plan approved by the County as part of Rezoning #14-04, concerns regarding access to the Carriage Park project identified during the Planning Commission's review of this project, the relocation of Valley Mill Road in a manner consistent with the Eastern Road Plan, access to the properties along Eddy's Lane, and the continued recognition of the need to avoid the one -lane bridge over Abrams Creek. PHR&A provided an initial analysis in support of the request. Jointly, Frederick County and VDOT responded by providing guidance regarding what additional information should be provided to allow for a thorough review of the request by VDOT and the County. Since that time, the County received no additional information regarding the modification to the Eastern Road Plan. It is recognized that the various development applications have chosen not to jointly pursue a revision to the Eastern Road Plan and a comprehensive approach to evaluating the area transportation improvements; rather each property is pursuing changes to the County's planned transportation network through their individual rezoning requests. Rezoning #04-07 — Haggerty Property Page 4 April 18, 2007 2) Request to revise Proffers This is a request to revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. The evaluation of this request should carefully consider the relationship between this project and several other projects in the vicinity of this property that are at various stages of review and consideration. Transportation improvements designed to implement the County's long range transportation plan, the Eastern Road Plan, should be of paramount importance. Any modifications to the transportation program should continue to advance the County's long range transportation plan. It is required that rezoning requests provide transportation impact analyses to demonstrate that the transportation impacts of a request are mitigated and the transportation improvements proposed are consistent with the County's long range transportation planning efforts. This current request does not provide a transportation impact analysis. No evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. Approved transportation improvements (RZ#14-04) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed from Route 7 to the southern property line within a sixty foot right-of-way as an urban undivided (U2) cross section with a center turn lane. This is a similar typical section to that of the recently upgraded Aylor Road. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will connect to the spine collector road. ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way. 2005 Revision to the Eastern Road Plan The Frederick County Eastern Road Plan was revised in 2005 in reflection of the approved road network promoted by the Haggerty project and the need to relocate the critical east west collector road, Valley Mill Road, in a manner which enhanced the road network provided by the Haggerty rezoning. The designation of this east -west major collector road has yet to be recognized by the revised Haggerty rezoning proffer and the various other projects under review in this area. This is a critical connection designed to enable vehicle trips to make the east -west movement without impacting the capacity of Route 7 and Senseny Road intersections and corridor. Rezoning #04-07 — Haggerty Property Page 5 April 18, 2007 Proposed transportation improvements (RZ#04-07) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed partly within a sixty foot right-of-way parallel to the Route 37 right-of-way, and partly within the planned right-of-way of Route 37 as a rural undivided (R2) cross section. The collector spine road would transition from a R2 cross section to the typical Route 37 cross section upon entering the Route 37 right-of-way. The spine collector road shall be constructed from Route 7 to the southern property line. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will connect to the spine collector road. (The design and location of this east- west major collector road should be addressed in consideration of the issues identified in the following section). ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way (This should be reevaluated in light of the removal of the spine collector road from the area immediately adjacent to the Route 37 right-of-way. It would be appropriate to provide the road efficiency buffer required by the Zoning Ordinance to ensure that an adequate buffer is provided for the future residents adjacent to Route 37). Issues for consideration. It is important to reiterate that no evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. This request is lacking the information needed to effectively evaluate the cumulative impacts of the approach proffered by the Applicant. The revised proffer's failure to provide for the east west major collector road is a significant consideration for several reasons. o This east -west connection was located on the original GDP to provide access to the adjacent properties to the north along Eddy's Lane in addition to the property to the west. Existing residences and future developments on existing state roads should be able to access the County's planned road system. Spite strips should be avoided. o In the location proposed by the revised GDP, there is a conflict with future Route 37 at the point the east west major collector road traverses under Route 37. In addition, this location would require a greater amount of disturbance of the critical slopes and environmental areas on the east side of Route 37. Sufficient elevation and radius should be provided to ensure that the necessary improvements and design can be implemented. Rezoning #04-07 — Haggerty Property Page 6 April 18, 2007 o The topography of the property at the point where the east -west connector road crossed under Route 37 on the original GDP would accommodate the construction of the roads without compromising the future construction of Route 37. The elevation differential would appear to provide an easier accommodation for the design of both roads. o Finally, and most significantly, the location depicted on the original GDP would enable the implementation of Comprehensive Plan's Eastern Road Plan which identifies this east -west connection as a major collector road. The location of this connection as originally depicted on the original GDP would enable the most desirable alignment of Valley Mill Road. The revised GDP locates the east -west connection in a manner that would only provide for a local residential street connection into the adjacent property. o The applicant contends that the shifting southward of realigned valley mill road meets the original intent of the eastern road plan. This is not the case. This major collector road is to be the through movement over Abrams creek, and while shifting the roadway does not make this impossible, it is significantly detrimental to the purpose of through movement and also moves the roadway from the best location in terms of topography. It is important to recognize the broader transportation needs of this critical area of the County, as illustrated in the Eastern Road Plan, while still accommodating the traffic from individual developments. The alternative, accommodating access to individual developments while not addressing the planned road network, would not advance the County's long range transportation planning efforts. Modification of the spine road from an urban section to a rural section in the area outside of Route 3 7 may not be appropriate given this property's location in the UDA. It is recognized that if this road is being built for direct integration to future 37 that curb and gutter is not appropriate. However, it should also be recognized that a R2 section will also not be appropriate. The roadway should be designed (horizontal and vertical) as a future highway section with appropriate paved shoulders; the proffers do not guarantee the road will be designed to Route 37 standards. There remains no guaranteed connection south from this project to Senseny Road. The proffer justification seems to indicate that moving the spine road within the Route 37 corridor somehow makes the ultimate connection to Senseny Road less dependent upon development of the adjoining property to the south. Presently, there is no active effort on the part of the County, or property owner, to complete the connection from the southern boundary of the Haggerty property to Senseny Road. It is recognized that minimizing the number of crossings of the environmental area along the properties southern boundary would be environmentally and financially beneficial; however, this modification to the north south collector spine road should be thoroughly evaluated. The location of the spine road within the right-of-way for Route 37 creates a conflict with the road layout identified in the Eastern Road Plan which identifies the spine road parallel to Route 37. In the long term, this road was designed to accommodate local trips that were looking to go west and south of the Haggerty project. The elimination of this local connector, and the east west Rezoning ##04-07 — Haggerty Property Page 7 April 18, 2007 connector, would force all of the traffic from the development in this particular area to the north and Route 7. Route 7 has a higher functional classification and serves the regional transportation needs of the community. In general, the addition of local traffic onto Route 7 and the County's arterial street system should be avoided and the use of the collector street system promoted. Other changes to the Proffer Statement. Staff's review of the new Proffer Statement has noted that the Applicant has made several relatively minor changes to the Proffer Statement that are not associated with the transportation program. Section 2 (2.2, 2.3) which addresses the phasing of the Certificate of Occupancies for the dwelling units has been modified to extend the phased inclusion of the housing units. Section 10.2 has been modified with the removal of the following statement "if they (HOA) decide to use a commercial collection company". This was removed as it is contrary to proffer 10.4 which requires the HOA to provide curb side trash service by a commercial collection company. STAFF CONCLUSIONS FOR 04/18/07 PLANNING COMMISSION MEETING: It is Staff's belief that the transportation elements proffered in this application are not consistent with, and do not implement, the County's Eastern Road Plan. Specifically, the east -west major collector road referred to as the relocation of Valley Mill Road is not accommodated in the revised Generalized Development Plan. The application has not demonstrated through a supporting Transportation Impact Analysis that the proposed modifications to the transportation program provide an acceptable transportation solution to meet the needs of the development and address the Comprehensive Plan. Followinz the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerninz this rezoning a lication would be yppropriate. The applicant should be prepared to adequate address all concerns raised by the Planninz Commission. A 55 A 174C 55 A 1658 ds 55 A 159 -91�4F qy� 55 aW' W n 55 P X66 ^,a0 .t hh 55 A 174A Valley Mill Rd' 55 47165 55 A 210 55 A 209 Frederick County, VA Re - Zoning REZ# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212,212A J56 A 19 55 4 4A 55 4 3 ' , / V f 551A Y12 56 A 18 Clarke County, Virginia Location in the County Map Features 44*Y Future Rt37 Bypass E.F0 Application Location C- Lakes/Ponds -- Streams streets Primary �. Secondary '�- Terciary '.f# Urban Development Area SWSA Loca tion in Surrounding Area 0 250 500 1,1peet tit 1 Case Planner: Mike Map Document: (N:\PIan ning_And_Development\_1_Locator_Mps\HaggertyPrope rty_REZ0407_040307.mxd) 4/1112007 -- 4:03:11 PM mm -1 1 r 6itHp � A 1' SN .i�5\.`A, \\ /�pW/55 A 174 � `^� }�. -55 r� 1 l` \ Ss A 174A-, C . '( /f! ..� /'_`- '\-•/ _-.-" \ a i. 1/' l � altey MiII t 6 A 18 .:--------_ -- --- __ � • P � � `� yam/_ /' �`� ;�--° � y a X56 +A 19 .55 p 165C \ 55 �A 165. Svr' 1I �-/ as ( / I ; / 1( 210_ L �^••' � __ I j� P y / _ � � �-. CIarl:e County, Virginia iif 291asU �_� \ = i \ _j ''? \',V)� ((�✓ 41 \} ,� fps l�:• S -. j gSQ..:; _ j \l' �� ` `o.X��l"�.1 ,� �; � ri i � ._ �__ • `� � is , 1 �AI.9�5, AIf 1) illl I Map Document (NAPInnninn Anr1 no„el,, .,,e„+t , r Frederick County, VA Re - Zoning REZ# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212, 212A Location in the County Map Features 4%� Future Rt37 Bypass 0 Application Location 0 Lakes/Ponds ^- Streams Streets Primary ^. Secondary '�- Ternary ,1 Urban Development Area SwSA Topography (5' interval) o-- CA W, 1, y Location in Surrounding Area y*_ 0 250 500 1,Opeet Case Planner: Mike — ---•-•-•-•r �•• ••-11--r• .rrrxa) 4/ fl/ZUU/ -- 4:03:11 PM •---..--•-j• ,•,r•,••y_••--•ur v-rvoui.1uxu]v/Ilizuut-- 4:U,5:-Il F'M Frederick County, VA Re - Zoning REZ# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212, 212A Cfat-lie County, l'irKinia Map Document: ftTlannina And I7evalnnmanf\ 11 + M1A �\Ll..--- Location in the "unty Map Features 4%• Future Rt37 Bypass Long Range Land Use Application Location Rural Community Center Lakes/Ponds Residential Streams --'- Business streets� Industrial Primary Em Institutional '♦. Secondary Recreation '�- Tertiary Q?8 Historic Urban Development Area® Mixed -Use .. SWSA ® Planned Unit Development Location in Surrounding Area y� 0 250 500 1,0 eet w '� Case Planner: Mike w --, -..- ��— , •—r�••�_� vr.nucU/•+itvNUI--4:US:l"I NM REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) PROPOSED PROFFER STATEMENT RZ. # ay- e°7 Residential Performance (RP) to Residential Performance (RP) 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") The Canyon, LC The Canyon, LC Haggerty Property December 20, 2004 1/12/05;1/20/05;2/09/05;12/13/06;3/22/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the. time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 revised 11/27/06 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period beginning on the date of master development plan approval by the Board. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 48 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 3/22/07 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 3/22/07 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 1015` building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 3/22/07 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 1515` building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross-over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within Page 5 of 7 Rev. 3/22/07 Proffer Statement Haggerty 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Rev. 3/22/07 Proffer Statement Haggerty Respectfully submitted, The Canyon, LC By: Title: Ma er STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing mstnunen was ac"owled d before me this zday (r of � �� /\vf i , 2007, by My commission) Expires Notary Public ell a'Ll- t Page 7 of 7 Rev. 3/22/07 Patton Harris Rust & Associates Engineers. Surveyors. Manners. Landscape Architects - 117 1 17 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To organization/Company: From: Date: Project Name/Subject: Mike, Mike Ruddy Frederick County Planning Patrick Sowers April 12, 2007 Haggerty Proffer Modification Narrative APR 1 2 := Memorandum I've attached a brief narrative that highlights the proposed modifications to the Haggerty Proffer Statement and Generalized Development Plan. Please feel free to call with any questions that you may have. Thanks, Patrick Frederick County, Virginia IMPACT ANALYSIS STATEMENT FOR REVIEW OF THE HAGGERTY PROFFER MODIFICATION REQUEST Red Bud Magisterial District April 2007 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 PH Rn April 2007 Haggerty Proffer Modification Request SITE BACKGROUND AND HISTORY On February 9, 2005 the Frederick County Board of Supervisors approved conditional rezoning #14-04 for the Haggerty Property. This rezoning permitted a maximum of 300 residential units and provided for substantial transportation improvements. In addition to providing necessary right of way for future Route 37, Rezoning #14-04 planned for both a North/South collector road, referred to as the Spine Road, to connect Route 7 with Senseny Road as well as an East/West Collector Road to connect with the adjacent property to the West. Figure 1 depicts the transportation network proffered as part of Rezoning #14-04. PROFFER MODIFICATIONS The Proffer Modification Request for the Haggerty Property relates to transportation improvements with the only exception being one minor revision to proffer 10.2 to give the HOA responsibility for a common solid waste disposal program. Other proffers, such as maximum number of residential units, remain identical to the proffers approved as part of Rezoning #14-04. Figure 2 depicts the proposed transportation network associated with this request. The modifications to the transportation proffers include the following: 1. Spine Road Alignment The alignment of the Spine Road, as depicted by the Generalized Development Plan proffered as part of the original rezoning, proposed a collector road from Route 7 to the southern project boundary with the intent that the roadway would provide the much needed Route 7/Senseny Road connection until such time that Route 37 was constructed. The revised alignment of the Spine Road traverses into the future Route 37 alignment and would be constructed as the typical Route 37 cross section for approximately 750 feet to connect to the Southern Property boundary. While construction of 750 feet of future Route 37 is significant, the greater benefit of the Spine Road re -alignment is found in the implementation of the connection between Route 7 and Senseny Road. As approved with Rezoning #14-04, the Spine Road connection between Route 7 and Senseny Road would very likely not be completed until such time that the adjacent Property to the South develops. Aligning the roadway with Route 37, allows for this North- South connection to occur using a known alignment prior to development activities on the adjacent property should the right of way for future Route 37 and a funding mechanism be acquired. Figure 3 depicts bow Route 37 could be extended from the Southern Property boundary to Senseny Road via the planned off ramp. This scenario would provide for the Route - Page 1 of 2 - AP7-i12007 Haggerty Proffer Modification Request 7/Sensney Road connection while providing the opportunity to construct the interchange for Route 37 at Senseny Road without interrupting traffic flow for the North-South traffic movement. Additionally, the Spine Road has been modified from a U2 (Urban Undivided) to a R2 (Rural Undivided) cross section to utilize an open section design that better matches the cross section for Route 37 and also provides the ability to expand the roadway in the future without the additional work and disturbance associated with removing curb and gutter. The section of the roadway at Route 7 and at the subdivision street intersection will remain an urban design. 2. East-West Connector Road The alignment of the East-West Connector Road which connects the Spine Road with property to the West has shifted approximately 400 feet South. The original intent of this roadway, to provide access to property West of the site, remains intact. It is also important to note that shifting the roadway 400 feet South from the original location is not in conflict with the Eastern Road Plan, as the potential for connection to existing Valley Mill Road remains as feasible with the proposed alignment as it was with the previous version approved as part of Rezoning 14-04. CONCLUSION The Haggerty Proffer Modification Request maintains the core transportation goal of the original Haggerty Rezoning, the future connection of Route 7 with Senseny Road. The revised proffers provide for construction of a portion of two lanes of Route 37 and, more importantly, potentially expedites the connection between Route 7 and Senseny Road by providing for a link that could be made regardless of whether or not the adjacent Property were to develop. As such, the proposed Proffer Modification Request for the Haggerty Property presents itself as a step forward in implementing critical transportation connections that are much needed in this portion Frederick County. - Page 2 of 2 - 0`1 'i fir Lttl��\��`) V4 WAIR 1mll Ira LEI ra- PUMP, STATION .- OJECT 7 �RIIU; X11" �=Rkb',TTLECT.� o Fly k, 'M 'DENOTES GENERALIZED OPEN SPACE LAYOUT ri r� iZ HA 661-1?1-Y P1?0PL-1?TY Patton, Harris, Rust & Associates RZ 14-04 TRANSPORTATION PLAN 117 E. Picadilly St. Winchester, Virginia 22601 QVOICE: (540) 667-2139 FAX: (540) 665-0493 � FREDERICK COUNTY, VIRGINIA 1 rb 7.0 CR AU um n PROJE SC LEN It Lill =DENOTES GENERAUZED OPEN SPACE !N3 > r� Patton, Harris, Rust & Associates !Z) -,,] _C6 PROPOSED TRANSPORTATION PLAN 117 E. Picadilly St. Winchester, Virginia 22601 FREDERICK COUNTY WRGINIA FIGURE 2 FIGURE 3 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staf : _ .1 Fee Amount Paid S o Zoning Amendment Number Date Received PC Hearing Date 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. 1. Applicant: Name: The Canyon, LC Telephone: 540-667-2120 Address: P.O. Box 3276 Winchester, Virginia 22601 2. Property Owner (if different than above) 3. Contact person if other than above Name: Patton Harris Rust & Associates c/o Patrick R. Sowers Address: 117 E Piccadilly St Winchester, Virginia 22601 Telephone: 540-667-2139 4. Checklist: Check the following items that have been included with this application. Location Map Agency Comments X Plat Fees X Deed of property Impact Analysis Statement _ Verification of taxes paid Proffer Statement X 1 5. The _Code of Virl4inia 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: The Canyon, LC David B. Holliday 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: SEE ATTACHED. PARCEL ID NUMBER USE UnimprovedNacant Residential Mixed Residential Development ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). Located adjacent and east of Eddys Lane (Route 820), approximately 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. 2 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-212 & 212A Districts Magisterial: Red Bud High School: Millbrook Fire Service: Greenwood Middle School: James Wood Rescue Service: Greenwood Elementary School: Red Bud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 111.56 RP RP 111.56 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 148 Townhome 152 Multi -Family 0 Non -Residential Lots NA Mobile Home NA Hotel Rooms NA Office Retail Restaurant Square Footage of Proposed Uses NA Service Station NA Manufacturing NA Warehouse Other NA NA NA NA 3 12. 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. Owner(s) Date The non C 4 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The Canyon, LC (Phone) 540.667.2120 (Address) PO Box 3276, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040014715 on Page , and is described as Parcel: 212,212A Lot:_Block: A Section: 55 Subdivision: N/A do hereby make, constitute and appoint: (Name) PHRA : Ron Mislowsky, Patrick Sowers, Chuck Maddox, John Callow, Tom Price Phone: 667.2139 (Address) 117 E. Piccadilly Street Winchester, VA 22601 To act as my true and lawful attomey-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (w4have hereto set r%►r) hand and seal this 24th day of May_ 200 6 . Signature(s) State of Virg, City/County of,To-wit: I, Notary Public in and for the jurisdiction aforesaid, c rtio thatihe person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this�'�day of�,lSfr200'�___ My Commission Expires o 1 Notal Pull c� - AMENDMENT Action: PLANNING COMMISSION: January 19, 2005 - Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 414-04 FOR THE HAGGERTY PROPERTY WHEREAS, Rezoning 914-04 for the Haggerty Property, submitted by Patton Harris Rust & Associates, to rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County, in the Red Bud Magisterial District, and is identified by Property Identification Numbers (PNs) 55A-212 and 55 -A -212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9,2005- and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 405-05 This ordinance shall be in effect on the date of adoption. Passed this 9th day of February, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye— Barbara E. Van Osten Aye Gina A. Forrester Nay Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene E. Fisher PDRes #05-05 Aye A COPY ATTEST JOW, . Riley, Jr. Frederick County Administrator PROPOSED PROFFER STATEMENT REZONING: RZ. # 14-04 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property') RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE (S): 1/12/05; 1/20/05; 2/9/05 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property' dated December 20, 2004 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan WP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Rev. 2/09/05 Proffer Statement Haggerty R 7 91 10. 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 Rev. 2/09/05 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA'). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101x` building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Rev. 2/09/05 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the fust building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross-over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and/or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that at the time contributions Page 5 of 8 Rev. 2/09/05 Proffer Statement Haggerty are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 8 Rev. 2/09/05 Proffer Statement Haggerty Respectfully submitted, The Canyon, LC Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thi&" _'hday of r i,Q ", 2005, by �U � d iB : �- c� i I ()a t/ My commission expires a y OO -1 Notary Public Page 7 of 8 Rev. 2/09/05 Page 8 of 8 MASTER DEVELOPMENT PLAN #04-07 HAGGERTY PROPERTY Staff Report for the Planning Commission Prepared: April 18, 2007 Staff Contact: Bernard S. Suchicital, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/02/07 Pending Board of Supervisors: 05/23/07 Pending LOCATION: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County, MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-212 and 55 -A -212A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Vacant East: N/A (Clarke County) Use: N/A West: Residential Performance (RP) Use: Vacant PROPOSED USE: 300 single family detached and attached units MDP #04-07, Haggerty Property April 18, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The preliminary master development plan for this ignificant measurable impact on Route 7, the VDOT facility which property appears to have a s would provide access to the property. VDOT can support this preliminary master development plan provided the following assumptions made by VDOT are clarified on the plan and/or proffers: • On page 3 of 6 that the road from Point "A" thru "B" to "C" and "D" will be completely built prior to the 151" building permit being issued. This would include the bridge across the stream between Points "C" and "D". • That the term "project limits" is the same as "property line". • The constructability of future Route 37 over the 60' right-of-way (connecting to the Adams' Property) is reasonable and can be demonstrated. A linear profile of the proposed center line of Route 37 in reference to the existing grades and future Haggerty Boulevard would help with the analysis of the constructability. • The minor adjustment to the sidewalk locations to meet VDOT's utility strip minimum width requirements. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approved for preliminary purposes. Frederick County Public Works: We have reviewed the revised Haggerty Property MDP dated May 4, 2006 to insure compliance with our previous review comments. Our final approval will be contingent on receipt of the wetlands delineation report and a revised MDP indicating the location of the wetlands. Frederick County Sanitation Authority: 2r'a review - approved Frederick -Winchester Service Authority: This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. Frederick County Inspections Department: Shall require demolition permit to remove existing structures under the VUSBC. No additional comments required this time. Shall comment on subdivision lots at submission. MDP #04-07, Haggerty Property April 18, 2007 Page 3 Frederick County — Winchester Health Department: Health Department has no objection if public water and sewer can be approved and provided. CIS Department: Haggerty Boulevard has been approved and added into the official street name list. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport and due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north/northwest. Special considerations will not be requested by the Winchester Regional Airport. Department of Parks and Recreation: Plan appears to meet open space, recreational unit and proffer requirements. The Parks and Recreation Department assumes the open space provided meets the usable open space criteria. The Parks and Recreation Department would like to see a detailed trails plan which offers an internal network and provides for connection to future adjacent development. • Staff note: a connection has been proposed to the adjacent Twin Lakes development. However, the proposed location of this link does not conform to the already approved Channing Drive MDP. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 300 single family detached and attached homes will impact as follows: 117 elementary school students, 42 middle school students, and 51 high school students for a total of 210 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Frederick County Planning Department: Please see attached letter dated February 16, 2006, signed by Bernard S. Suchicital, Planner I. Staff note: preliminary staff comment letter of February 16, 2006, reviews an earlier version of the MDP that is not under current consideration. Comments from that letter have been addressed with exception of the following: open space dedication, failure to implement portions of the Eastern Road Plan (Spine Road and an east -west connector along the northern portion of the site), bike/pedestrian trail links to adjoining parcels. The MDP now under consideration raises additional staff concerns: • Dedicating the potential future non-residential development site as open space/park land. The current designation violates the RP zoning district. • Providing an adequate community center within the development. • Implementation of key elements of the Eastern Road Plan, with attention to the Spine Road and an east -west collector road. • Appropriate interparcel connections of neighborhood streets and the pedestrian trail system. MDP #04-07, Haggerty Property April 18, 2007 Page 4 Additional screening and buffering alongside the Route 37 corridor, and major collector road network. Planning & ZoninI4: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances, and is consistent with the approved rezoning and proffered GDP. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. C) Site History The subject parcels which make up this MDP were rezoned from RA (Rural Areas) District to RP (Residential Performance) District with Rezoning application #14-04 which was approved with proffers by the Board of Supervisors on February 9, 2005. The original submission of this MDP highlighted inconsistencies with the approved Rezoning and Generalized Development Plan (GDP). As a result, the application is pursuing a revision to the original Rezoning. This proposed revised rezoning and its approval must precede this MDP in order for the MDP to comply with zoning ordinance requirements. D) Intended Use Up to 300 single family homes (this includes single family detached, single family small lot attached, and townhouses), right-of-way dedication for Route 37, 38.56 acres of open space, and 12.09 acres for a potential future non-residential development. o Staff note: The 12.09 acres for `future potential non-residential development" are identified in both the current approved GDP and pending revised GDP as generalized open space. The intended use approved in the GDP respects the unique environmental characteristics of this parcel, yet it is not reflected in the MDP. a Staff note: The future potential non-residential land use and the highlighted road layout are inconsistent with the approved GDP, and is a violation of the RP district permitted uses. MDP #04-07, Haggerty Property April 18, 2007 Page 5 E) Site Suitability & Project Scope 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] o Staff note: The proposed MDP does not conform to the Eastern Road Plan. Important links that are not represented in the application include: ■ Building the "spine road" (Haggerty Boulevard) parallel to Route 37 from Route 7 to Senseny Road (Route 657). ■ Building an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The original rezoning provided for this item along the northern boundary of the property. The MDP under review has this road further south, and identified as a neighborhood street. The MDP should reflect the proper location of this major collector road through a right-of-way easement, typical section, and buffering. Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. [Comprehensive Policy Plan, p. 6-1, 6-2] The 111.56 acres subject to this MDP are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcels comprising this MDP application are not located within any of the Comprehensive Policy Plan's small land use area plans. However, the project site is depicted in the Eastern Frederick County Long Range Land Use Plan and Eastern Road Plan. Both plans identify the approximate path of the future Route 37 corridor. o Staff note: The MDP application has labeled a 12 acre parcel as `potential future non-residential development. " This designation is misleading, making it incompatible with the approved GDP. Staff believes that these 12 acres should be identified on the MDP as open space or park land, that it may be consistent with the approved GDP. Environment: The Opequon Creek provides the eastern border of the site. This feature and its associated floodplain warrant particular attention. The area of this site in floodplain, wetlands, lakes, and ponds totals approximately twenty acres, or eighteen percent of the 111.56 acre site. MDP #04-07, Haggerty Property April 18, 2007 Page 6 o Staff note: The original rezoning (414-04) was drafted to protect the 12 acres that is identified as potential non-residential development from development. There is a large amount of steep slopes and floodplains that lie within this area. The proposed MDP does not adequately address the protection of these sensitive environmental features. The pending MDP also hinders this area by proposing a storm water management pond to be built above this site; disturbance of this area should be avoided. The storm water management pond should be placed in a more suitable location. Transportation: Access to the site will be via a rural two-lane undivided collector road, Haggerty Boulevard, which will link the project site to Berryville Pike (Route 7) west of the Opequon Waste Water Treatment Plant (as proffered). o Staff note: The application does not provide the required road efficiency buffer along each side the Route 37 corridor. The buffering provided in the MDP appears that it will become inadequate when Route 37 is built out. Additional screening and buffering should be provided in preparing for that event. o Staff note: The Eastern Road Plan identifies an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The original rezoning provided for this item along the northern boundary of the property. The MDP under review has this road further south, and identified as a neighborhood street. The MDP should reflect the proper location of this major collector road through a right-of-way easement, typical section, and buffering. o Staff note: The MDP lists Haggerty Blvd as rural two-lane collector road, with housing units fronting this street. The original rezoning proffered an urban two- lane road with a center turn lane. The Eastern Road Plan also identifies this as a major collector road, and therefore should not have any housing units fronting. As stated above, this application lies within the UDA. As such, any major collector road provided within an application, that is located within the UDA, must show an urban road cross-section. Amenities such as curb and gutter, sidewalks, and buffering will be expected. o Staff note: The adjacent Twin Lakes Overlook Development (Toll Brothers) MDP #05-04, .shows a series of neighborhood streets to be placed alongside the Haggerty property boundary lines. The connection to this approved street network is required. There's an opportunity to connect a north -south neighborhood street from the southern end of Phase Two of Haggerty to Phase Ten of the Toll Brothers project. Currently, this MDP does not provide acceptable interparcel connectivity. Recreational Amenities: A paved 10 foot -wide trail system will be built to the standards of the Department of Parks & Recreation, linking the residential areas to open space parcels and adjoining developments. A location for a community center has been identified on the Haggerty property. However, it is noted on the MDP that if the neighboring Adams property receives rezoning approval, then the Haggerty community center will be built on the Adams property, allowing the Haggerty development full access rights. MDP #04-07, Haggerty Property April 18, 2007 Page 7 o Staff note: The applicant proposes a trail link at the southern end of the property, north of the ravine, to the adjacent Toll Brothers. This project has an approved MDP (#05-04) that shows the trail link to the south of the ravine. To staff's knowledge, there has been no communication between the applicant and Toll Brothers to adjust their current plans, or any assurances that there will be. o Staff note: The MDP states that the community will be built on an adjacent property, should that property receive zoning approval in the future. The Zoning Ordinance states that any development containing single-family small lot housing shall provide a community center. Locating that community center on a separate parcel places this application in nonconformity to the ordinance. The community center should provide an amenity for this development. o Staff note: The MDP does not provide for a timetable to deliver the proposed community center. Proffers: Please see attached proffer statement. Issues: As stated above, there are still a number of outstanding issues yet to be resolved by the application: 1) Implementation of key elements of the Eastern Road Plan, with attention to the Spine Road and an east -west collector road. 2) Accurately depicting the proffered open space. 3) Appropriate interparcel connections of neighborhood streets and the pedestrian trail system. 4) Providing an adequate community center within the development based on housing type. 5) Additional screening and buffering alongside the Route 37 corridor, and major collector road network. STAFF CONCLUSIONS FOR THE 04//07 PLANNING COMMISSION MEETING: It is important to note that this MDP was based upon the pending Rezoning and proffer amendments for the Haggerty Property, Rezoning #04-07. The preliminary Master Development Plan for the Haggerty Development is in accordance with the proffers for Rezoning #04-07. If the Planning Commission does not recommend approval of Rezoning #04-07, this MDP should be revised to respect the original rezoning and proffers for the Haggerty Property Rezoning 414- 04, in particular, the road network provided with the approved GDP. Presently, this MDP is inconsistent with the proffered GDP approved with Rezoning #14-04. As stated above, this application fails to address requirements of the Zoning Ordinance. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Frederick County, VA Master Development Plan MDP# 04 - 07 Application WE 0 WRIlk Location in the County Map Features 0" Future Rt37 Bypass Q Application Location 93 Lakes/Ponds ^— Streams C> Flooplain Streets Primary '�. Secondary '�- Tertiary ttr Urban Development Area 6;".'1' SWSA -- Topography (5' interval) Haggerty Property Parcel ID: 55 - A - 212, 212A Location in Surrounding Area 41DK CpG 250 500 1,0peet w 2� L17.' a � P;Case Planner: Bernard — r —1-11 .. vi v-rwvr.11IXU)'tII212UUt--9:SS:41 AM t t t',, y , Valley Mill Rd vt, t ___� _ " -.- ..,. �i ra F '' IJr ` ,-'� ♦ ♦Y clatke county, Virginia i'' t ) �� ♦ � � .� } 7�It lu WE 0 WRIlk Location in the County Map Features 0" Future Rt37 Bypass Q Application Location 93 Lakes/Ponds ^— Streams C> Flooplain Streets Primary '�. Secondary '�- Tertiary ttr Urban Development Area 6;".'1' SWSA -- Topography (5' interval) Haggerty Property Parcel ID: 55 - A - 212, 212A Location in Surrounding Area 41DK CpG 250 500 1,0peet w 2� L17.' a � P;Case Planner: Bernard — r —1-11 .. vi v-rwvr.11IXU)'tII212UUt--9:SS:41 AM N. y ___� _ " -.- ..,. �i ra F '' IJr ` ,-'� ♦ ♦Y clatke county, Virginia i'' t ) �� ♦ � � .� } 7�It WE 0 WRIlk Location in the County Map Features 0" Future Rt37 Bypass Q Application Location 93 Lakes/Ponds ^— Streams C> Flooplain Streets Primary '�. Secondary '�- Tertiary ttr Urban Development Area 6;".'1' SWSA -- Topography (5' interval) Haggerty Property Parcel ID: 55 - A - 212, 212A Location in Surrounding Area 41DK CpG 250 500 1,0peet w 2� L17.' a � P;Case Planner: Bernard — r —1-11 .. vi v-rwvr.11IXU)'tII212UUt--9:SS:41 AM Frederick Master Development Plan MDP# 04 - 07 Application Parcel ID: 55 - A - 212, 212A Location in the Gounty Map Features R. Future Rt37 Bypass Zoning CA Application Location B1 (Business, Neighborhood District) V� Lakes/Ponds B2 (Business, General District) -^-- Streams OP B3 (Business, Industrial Transition District) Streets 40 EM (Extractive Manufacturing District) ^� Primary qP HE (Higher Education District) '4 Secondary 4M M1 (Industrial, Light District) '�- Terciary M2 (Industrial, General District) �b Urban Development Area 4m MH7 (Mobile Home Community District) SWSA alb MS (Medical Support. District) Y R4 (Residential, Planned Community District) A R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area Map Document: (MPlanning And Development\ 1 Locator Mps\HaggertyProperty MDP0407 040307.=d) 4/12/2007 -- 9:33:47 AM Y:.5.5:41 AM Frederick County, Virginia Master Development Plan Application PackaU 6 APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: HAGGERTY PROPERTY 2. Owner's Name: David B. Holliday (Please list the names of all owners or parties in interest) 3. Applicant: PHR&A Address: c/o Charles E. Maddox, Jr. 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: PHR&A Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: Charles E. Maddox, Jr. Frederick County, Virginia Master Development Plan Application Packaje APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Located adjacent and east of Eddy's Lane (Rt. 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. 6. Total Acreage: 111.56 Acres 7. Property Information: a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Use: 55-A-212 & 55 -A -212A RP Vacant Single Family Detached and Attached e) Adjoining Property Information: SEE ATTACHED Property Identification Property Uses North South East West f) Magisterial District: RED BUD 8. Is this an original or amended Master Development Plan? Original x Amended 2 I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: _® Date: ID # Name Address Zonin Use 55-A-209 Fu-Shep Farm Partnershi 405 Briarmont Drive, Winchester, VA 22601 RA Residential 55-A-211 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-213 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-210 Goldie's LC 310 Eddy's Lane, Winchester, VA 22602 RA Residential 55-4-1 Frederick— Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 55-4-2 Steve Thomas Chadwell 6825 Valley Pike, Middletown, VA 22645 RA Residential 55-4-3 Michael Edward McKee 283 Eddy's Lane, Winchester, VA 22602 RA Residential 65-A-195 Lisa Ann & Mildred L Ri gleman 2737 Senseny Road, Winchester, VA 22602 RA Agricultural 12-A-1 Robert A Ballantine 9910 Old Court Rd., Woodstock, VA 21163 RA Agricultural 12-A-2 Phili E & Mary V Wine 305 Chapel Hill Rd., Cross Junction, VA22625 RA Residential 56-A-19 Frederick — Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 56-A-19 Crown Communications, Inc PMB 353, 4017 Washington Rd., McCurra , PA 15317 RA Local Government Special Limited Power 'Attorney County of Frederick, Virginia Frederick Planning Web Site: vrww.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The Can (Phone) 540.667.2120 (Address) PO Box 3276, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040014715 on Page , and is described as Parcel: 212,212A Lot:—Block: A Section: 55 Subdivision: N/A do hereby make, constitute and appoint: (Name) PHRA : Ron Mislowsky, Patrick Sowers, Chuck Maddox, John Callow Tom Price Phone: 667.2139 (Address) 117 E. Piccadilly 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) Conditional Use Permits X_ Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 24th day of May_, 200 6 . Signature(s) State of Virginia, City/County of 1, f �7e_0de- ✓moo-.-, ,,-I To-wit: otary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before n, e in the jurisdiction aforesaid this .2qt� day of � 200 -sAz, My Commission Expires: /0- 3j - O l ^� Notary Publ • C • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 M%MORAlel D U M TO: Frederick County Planning Commission FROM: Candice E. Perkins, Planner II 0-"c DATE: April 16, 2007 RE: Discussion and Waiver Request — Blue Fox Billiards, Bar & Grill Site Plan At the May 2, 2007 Planning Commission meeting, staff will present the site plan for the Blue Fox Billiards, Bar & Grill for review. This site plan is being presented to the Planning Commission due to its implications on the planned relocation of Route 522 as well as for consideration of a zoning district buffer waiver. The site is located at the corner of Route 50 East (Millwood Pike) and Ryco Lane and is within the Shawnee Magisterial District; this site was the location of the old Harley Davidson Shop. In an effort to keep the Planning Commission and Board of Supervisors apprised of improvements that may affect planned road improvements, site plans and subdivisions that impact the right-of-way will be presented to the Planning Commission and Board of Supervisors for their review. A diagram of the site plan that depicts the buffer areas has been provided by the applicant and has been included in your agenda along with a sketch provided by VDOT that shows the proposed alignment for Route 522. Action on the site plan is not required; this site plan is being brought for informational purposes only. Comments and suggestions are appropriate and will be forwarded to the Board of Supervisors at their May 23, 2007 meeting. Waiver Request The Blue Fox Billiards, Bar & Grill property is zoned B2 (Business General) and will have a use of restaurant and indoor recreation. The adjacent property to the south is zoned B3 (Industrial Transition) and a zoning district buffer is required between B3 and B2 zoned property. Since restaurants and indoor recreation are permitted uses in both the B2 and B3 zoning districts, the applicant is requesting a waiver from the Planning Commission in accordance with § 165-371)(6). This section states: "The Planning Commission may waive any or all o,cthe requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district which the development is occurring and in the adjoining zoning districts " 107 North Kent Street, Suite 202 • Winchester, Virginia 2261;11-5000 -2- A decision on this waiver is needed from the Planning Commission; it should be determined if this waiver is appropriate in this case. It is noted that without this waiver, the site would not be able to meet the required parking space requirements. Please contact me if you if you need any additional information. A representative from Patton Martin and Associates will be present at the meeting. CEP/dlw Attachment e c b � `gP b b veQ' ,�, 1'rrpoefo �Q by ry ry IV w Jr � 64A 4 9 w b 64 A 112 64 A 101A �P bap .ab b r�0 roP w 6pP 64 A 101 b ^ 64A 101 B �bQ v m ooQ' v m P t' 64 A 97 a <* ! a`° 50 c 64A 4 20A Q h QN a / Q r 64 A 93 r ?CA�`1.001' GS i • • 64 10 1 �t 64 A 89A 64 A, 100A, - o� p lPLco l+7 - 64 A 92 64A""1006' a 64 10 z 64 10 4 64 10 3 64 A 89 wl r l; cucricx �-,ouniy, v A Site Plan SIP 4 01 - 07 Application Blue Fox Billards Bar & Grill Parcel ID: 64-A-97 Location in the County Map Features f•. Future Rt37 Bypass Zoning C3 Application B1 (Business, Neighborhood District) 0 Lakes/Ponds B2 (Business, General District) — Streams eli, 63 (Business, Industrial Transition District) Streets J EM (Extractive Manufacturing District) '%, Primary e's HE (Higher Education District) Secondary c, Mt (Industrial, Light District) '�- Terciary M2 (Industrial, General District) 61 Urban Development Area �&� MH1 (Mobile Home Community District) to- MS (Medical Support District) R4 (Residential, Planned Community District) ® R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) SWSA J 4�CK CDG 1�1 0 50 100 2W ®eet r� 1rLB:E1 Case Planner: Candice Map Document: (N:iPlanning_And_Development\ 1_Locator_Mps\BlueFoxBillardsBarGrill_SIP0107_041607.mxd) 4!16/2007 -- 9:06:47 AM I - — t ,. 71, t 4 t ~' '•er �� _a �' k*� {'e . ,�R �e yam. • Pf t:. 'tl r reclerick County, VA Site Plan SIP # 01 - 07 Application Blue Fox Billards Bar & Grill Parcel Ill: 64-A,-97 Rf'� _ f N. 4, { '41% 9 .Y, 1 lip t* N ' iv -k, `= .3; . + AIS 7y� it w: `` 777777 #\ k Map Document: (N:\Planning And Develooment\ 1 1 nratnr AAne\Rli,ct Q I� .J o Location in the County Map Features *► Future Rt37 Bypass Application 8 Lakes/Ponds ^-- Streams Streets Primary �. Secondary Tertiary e� Urban Development Area SWSA �xhes7er - HL t ee/ tee Location in burrounding Are 0 50 100 20.0 meet tt:{ Case Planner: Candice -• _ •• - • _ ,— .,,,nu) qtr 1wcuu/ -- U:ub:4! HM h Somme n r� r h �,Q e 64A 4....9 � 64 A 112 41 64 A 101A pe 64 10 1 64 10 4 v a yrs 101 5ry \fir 64A 101 8 Q m aill v wo Q Gam, t „ o�liko � � � N 64 A 97 Q a`° -. 50¢ 64A 4 20A Q Vp by 64 A 93 64 A 100A 411 A 1008 E; 64 10 2 84 A 8'9A 64 A 92 a v 64 A 89 Map Document: (N:\Planning And Development\ 1 I ncatnr AAnc\ROrc GnvRilh.JnQ ./ .:11 rrectericx Lounty, VA Site Plan SIP # 01 - 07 Application Blue Fox Billards Bar & Grill Parcel ID: 64-A-97 Location in the county Map Features 4�t,t Future Rt37 Bypass Eastern Road Plan Application ftJ New Major Arterial 0 Lakes/Ponds Improved Major Arterial ^— Streams ) New MincrArterial Buildings Improved Minor Arterial Streets 411111110 New Major Collector "<. Primary ft Improved Major Collector '�. Secondary New Minor Collector — Tertiary -tr Urban Development Area $ Improved Minor Collector Ramp SWSA Location in Surrounding Area 0 50 10020p meet G� Case Planner: Candice — r .tiro.) -rr rvicuU1 -- tJ:Ub:4t AM MY -10� �` , ,, ! .yam "h .. I ;1 ll • ~ / / Lti] J /y � gyp. -"Cri" T.`4i,"' ��"� ��-fin � r ! �� y ...``='V; ,f-_//�/i &• �N fty Rl �/� /; �. �.. � • 4 ��\ wig-••ki \•, $+�"\ •` �/ : 1 1 _ `may �Y,s'. vy•".61'/ �-n - r // . jc -f"'" / it r� �� - '.�-• 1>�>.,, 1:• 't / .Ctil.. / Y;`. - his.io 1. ( Y 40 irl 00. _ _ t r!� _ •.�rt � A� t i c t T'd / / l �; r - ~� tit',., O _ ', �� 1. • 1 "INC ��3 .,`naa :ries . � g - CIVIL ENGINEERING & LAND SURVEYING AP19 4 LC.'1I: April 4, 2007 Candice Perkins, AICP Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Re.: Zoning Buffer Waiver Request Blue Fox Billiards, Bar and Grill Dear Candice, We are writing this letter to formally request a waiver of the required zoning buffer for the above referenced project. The current zoning of the subject parcel (tax map # 64-A-97) is B2. The adjacent property to the south and west (tax map # 64-A-100) is B3. For this development we are providing a six foot high board -on -board screen fence along the property line between the different zoning districts. As required in the Frederick County Zoning Ordinance, a type B zoning buffer is required. With a full screen, the type B zoning buffer required a 25 -foot inactive buffer and a 25 -foot active buffer for a total buffer width of 50- feet. Due to the configuration of the property and the location of the existing building, we are requesting a waiver of the buffer requirements for the following areas: 1. Inactive and active zoning buffer in the vicinity of the existing building. This waiver request varies in width from 17.39 -feet to 49.52 -feet of the inactive and active buffers. 2. Inactive zoning buffer to the west of the driveway to the rear parking lot. This waiver request is for a maximum of 18.8 -feet of the inactive zoning buffer 3. Inactive zoning buffer to the south of the rear parking lot. This waiver request is for a maximum of 20 -feet of the inactive zoning buffer. We hope that this letter, along with the waiver exhibit clearly and concisely explains the waiver request that we are requesting. Should you have any questions or need any additional information, please contact us at 540-723-0545. Sincerely, Patton, Martin & Associates, PLC. Steven L. Patton, P.E. Partner 1 83 1 PLAZA DRIVE, WINCHESTER, VA 22601 VOICE: 540-723-0545 FAx: 540-723-0547 EX. CG -6 EX. CG -6 Imo, Z.F. -----------------__.—.-- a. ! ; f kx I I I I .r. _----.SX..EY -_-__-NVESTMFXT9 LLC -----. I II �t I EFTAX MAP: 64-A-95LC EK. OVERHANG l ZZUED; 82 I LULA t�. S il`H ! t 1 USS_. VACANT T6SX 9AP; E% -A -Su } r 1 1 DEED $44X S55 PAGE 724 k I ZCNE/}: USE,: CO[ki,LRCE1sL L Ih'STR : 430406^i9 t 1 EX. k -STORY METAL :4I11ILMAG I .� 9d25 SQUAME FEET— p w TAX IAA,': i:1 b0` D2 FF�7U.03 4 1 w �' USE 04�;;95RC3�;;_ .E.tj I _c•' I ! I I I INSTR. 010000179 ` 2 m I Ek. I ! II I 25' ACTIVE I DVE I! ZONING BUFFER — — :� I� I REQUESTED 1D _ ZONING BUFFER WAIVER AREA 43s 25' INACTIVE— ZONING BUFFER 6' BOARD -ON -BOARD' 8'X8' DUMPSIER SCREEN FENCE W/ 6' BOARD-ON- 6' BOARD -ON -M SCREEN FENCE REQUESTED ` ZONING BUFFER-" WAIVER AREA --------------------____ -- CURVE TABLE CURVE RADIUS ARC DELTA ANGLE TANGENT CHDRD BEARING CHORD CI 3634.18 71.77 r04'21• 35.09 1 N62'35'46'W 71.77 1 1 C. WILSON & LINDA Y'. I`LET'CHER 3, ' 25' ACTIVE !! ZONING BUFFER 25' ACTIVE ax _m - �— I ZONING r - BUFFER 251v� TAX (AA?: 64 B- D4 i25' INACTIVE—' USE: 44kO;i lZF J ZONING BUFFER GEED BO8•+3 FAGSGE T-92 r 8' BI]N2D- SCREEN ZONING BUFFER WAIVER AREA ZONING I BUFFER &of REVISIONS DATE: 04 APR 07 NO DESCRIPTION DATE I CHECKED BY APPROVED BY BLUE FOX BILLIARDS BAR & GRILL DESIGN DBY: PATTON, MARTIN AND ASSOCIATES, P.L.C. , DESIGNED BY: PMA 1831 PLAZA DRIVE TAX MAP 64-A-97 WAIVER EXHIBIT DRAWN BY: PMA WINCHESTER, VIRGINIA 22601 CHECKED BY: SLP (540) 723-0545 FAX (540) 723-0547 FREDERICK COUNTY, VIRGINIA PROJECT #: 00483-A-1 WWW.PATTONMARTIN.COM SHAWNEE MAGISTERIAL DISTRICT SHEET i OF 1