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PC 09-19-07 Meeting AgendaAGENI FILE COPY FREDERICK COUNTY PLA The Board Frederick County Administration Building Winchester, Virginia September 19, 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) August 15, 2007 Minutes................................................................................................. (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit #05-07 for a Spirituality Retreat Center, Catholic Diocese of Arlington, submitted by Greenway Engineering. This property is located at 125 Old Kitchen Road and Armel Road (Route 642), and is identified with Property Identification Number 76-A- 129 in the Shawnee Magisterial District. Mr. Ruddy........................................................................................................................ (B) 6) Rezoning #09-07 of Clearbrook Property, submitted by German Engineering, to rezone 14.53 acres from RA (Rural Areas) District to B2 (General Business), with proffers, for Commercial Uses. The property is located on the west side of Route 11, approximately 2,200 feet north of Hopewell Road (Interstate Exit 321) and south of Cedar Hill Road (Route 671), in the Stonewall Magisterial District, and is identified by Property Identification Number 33-A-125. Mr. Ruddy........................................................................................................................ (C) PUBLIC MEETING 7) Master Development Plan #11-07 for Glendobbin, submitted by Patton Harris Rust & Associates, PC, for 30 Single Family Detached homes. The properties are located south and adjacent to Glendobbin Road (Route 673) approximately 3,250 feet west of the intersection of Glendobbin Road and Payne Road (Route 603), and are identified with Property Identification Numbers 43 -A -15B, 43-19-57 and 43-A-16 in the Stonewall Magisterial District. Mrs. Perkins.........................................o.......................................................................... (D) 8) Master Development Plan #12-07 for Revised Eastgate Properties, submitted by Patton Harris Rust & Associates, PC, for Industrial and Commercial Uses. The properties are located west of Front Royal Pike (Route 522 S) immediately north and south of Maranto Drive on 111.49 acres and north and south of Tasker Road, and are identified with Property Identification Numbers 87-A-34, 87 -A -34B, 87-A-35, 87-A-36, 87-A-37, 76-A-53, 76 -A - 53A, 76 -A -53C and 76 -A -48B in the Shawnee Magisterial District. Mrs. Perkins..................................................................................................................... (E) COMMISSION DISCUSSION 9) Site Plan #57-07 — Westview Business Center Update Mrs. Perkins..................................................................................................................... (F) 10) Subdivision Ordinance — Expansion of Existing Right -of -Way Mrs. Perkins..................................................................................................................... (G) 11) Subdivision Ordinance — Sidewalks, Curb and Gutter, and Street Light Requirements Mrs. Perkins..................................................................................................................... (� 12) 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 August 15, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall District; Greg L. Winger, Back Creek District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors Liaison; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; and Cordell Watt, Back Creek District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Plainer; John A. Bishop, Transportation Plamner; Dana Johnston, Zoning Inspector; and Renee' S. Arlott,1, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chainnan Wilmot called the meeting to order at 7:00 p.nl. Upon motion made by Commissioner Ours and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Convnissioner Triplett and seconded by Commissioner Ours, the meeting minutes of July 18, 2007 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 08/13/07 Mtg. Convnissioner Mohn reported that the staff presented the results of the Board of Supervisors and Planning Commission's joint work session concerning the CPPA (Comprehensive Policy Plan Applications) for this year. Commissioner Mohn said the Board tentatively agreed to forward one CPPA to the CPPS for additional Frederick County Planning Commission Minutes of August 15, 2007 1 N'A Page 2090 -2 - study, which was the Route 277 Mixed -Use to Urban Center Project. He said the staff brought the CPPS up-to- date and there was good discussion. He said the small -area triangle was discussed as well. Conservation Easement Authority (CEA) Connnissioner Light reported that the CEA is preparing for an event on October 27, 2007, at the Shenandoah Valley Museum, to promote and raise money for the CEA. CITIZEN COMMENTS Chainnan Wilmot called for citizen connnents on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC HEARING Rezoning #12-06 of Carriage Park, submitted by Patton Harris Rust & Associates (PHR&A), to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District and 15.18 acres from MHI (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single-family attached homes (townhouses). The properties are located south and adjacent to Route 7, and east and adjacent to 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 — Reconnnended Approval Planning Director, Eric R. Lawrence, reported that the Commission has seen this project on a number of occasions over the previous ten months and it is back before the Commission again because the applicant's latest reiteration is different from what the Connnission reviewed and sent forward to the Board of Supervisors in May of 2007. Mr. LmATence said the applicant substantially revised the application, the proffer statement, and the generalized development plan, prior to the Board's July 25, 2007 meeting. Subsequently, the Board returned the project back to the Plannling Connnission so the Commission could review the latest proposal and forward a recommendation to the Board concerning the revision. Mr. LaNATence said the staff will forward this rezoning to the Board next week, on August 22, for final action. Mr. LavTence stated that the property is located at the intersection of Route 7 and Valley Mill Road and this intersection plays a key role in this application because it is where the transportation aspect of this project is emphasized. He said no access is being proposed on Route 7; the sole access onto the property is Valley Mill Road, about 300-400 feet south of Route 7. Mr. LaNvrence said this will preserve the integrity of Route 7 as a limited access roadway. In addition, the applicant has proffered to provide a 60 -foot right-of-way from Valley Mill Road through the southern edge of the property, ultimately tapping an inter -parcel connection to the Blue Ridge Mobile Home Park, as well as making right-of-way provisions for the property to the immediate south, Valley Mill Farm, if future access is desired. Frederick County Plarniing Conunission � � � Page 209] Minutes of August 15, 2007 0' Mn � F W U ii s -3 - Addressing transportation upon leaving the property, Mr. La�Tence said the applicant has proffered a traffic signal installation at Route 7 and Valley Mill Road, which cx. ould be installed before the 50`h building permit, but more importantly, within 180 days of VDOT's request. In additiop, the applicant has made a cash contribution to the transportation system for the County of $3,000 per unit; the application continues to offer a $25,000 contribution to the County for purposes associated with the historic Star Fort site; and the applicant has also proffered $15,530 per unit to offset project capital facilities impacts. In conclusion, Mr. Lawrence stated that the project appears to be consistent with the Comprehensive Policy Plan and the applicant has made a significant effort in this revision to address the transportation needs for the area. Mr. Patrick Sowers, with Patton Harris Rust & Associates, representing the Carriage Park rezoning application, was available for questions. Chairman Wilmot called for public cormnents. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Molm inquired of the VDOT representative, Mr. Lloyd Ingrain, if VDOT was comfortable with the applicant's signalization proffer with regards to the 180 -day turn -around after the first building permit. Mr. Ingram replied yes; he said VDOT had made the request and the applicant complied. Commissioner Molui thought this latest revision returned to the original concept in many ways. He said that the Commission had many concerns and had asked the applicant to look at some other alternatives. He believed the applicant had exhausted those efforts at the Conmiission's request. Commissioner Molm said that his biggest concern with the newest proposal was the intersection at Route 7 and its signalization; he said that assuming VDOT is comfortable they can get the signalization in a timely fashion when warranted, then he felt comfortable with the application presented. The Commission appreciated the efforts that had been made by the applicant on this application. In addition, the Commission stated their appreciation for the additional opportunity to review and provide a recommendation on this rezoning, which was substantially different from what they had previously reviewed. Upon motion made by Conunissioner Mohn and seconded by Commissioner Ours, BE IT RESOLVED, that the Frederick County Planning Conunission does hereby reconmiend approval of Rezoning #12-06 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 MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single-family attached homes (townhouses). The majority vote was as follows: YES (TO REC. APPROVAL): Unger, Manuel, Morris, Wilmot, Ours, Triplett, Mohn NO: Oates, Light (Note: Conunissioners Watt, Thomas, Kriz, and Kerr were absent from the meeting.) Frederick County Planning Commission Minutes of August 15, 2007 Page 2092 -4 - Rezoning #07-07 of I-81 Distribution Center, submitted by Triad Engineering, Inc. to rezone 59 acres from RA (Rural Areas) District to M1 (Light Industrial) District, with proffers, for office and warehouse uses. The properties are located approximately 0.61 miles north of the Route 11 intersection with Cedar Hill (Rt. 671), bounded on the west by I-81 and on the east by Martinsburg Pike (Rt. 11). The properties are further identified with P.I.N.s 33-A-109 and 33-A-110 in the Stonewall Magisterial District. Action — Recommended Denial Connnissioner Oates said that he would abstain from all discussion and voting on this rezoning due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, began by discussing the application's relationship to the County's Comprehensive Policy Plan. Mr. Ruddy reported that the site is located within the County's Sewer and Water Service Area (SWSA) and it is within the limits of the Northeast Land Use Plan (NELUP) of the Comprehensive Policy Plan. He pointed out that the industrial land use proposed in this rezoning is not consistent with the NELUP, which calls for conunercial uses catering to the interstate traveler along the three I-81 interchanges and retail, service, and office land uses along the Martinsburg Pike corridor. Mr. Ruddy said the NELUP also calls for Martinsburg Pike to be improved to a four -lane facility. Furthermore, the NELUP states that proposed industrial and commercial development should only occur if impacted roads function at a Level of Service (LOS) Category C or better, however, this application does not provide the desired LOS. He stated that the NELUP discourages individual lot access onto Route 11 and encourages inter -parcel connections; it also recommends the provision of adequate screening and buffering along Martinsburg Pike and adjacent to residential properties. Mr. Ruddy stated that during the Historic Resources Advisory Board's (HRAB) evaluation of the project, two recommendations were made. The first was for the submittal of a. Preliminary Information Form for the historical property on the site, which the applicant has accomplished. The second recommendation dealt with an additional landscaped berm along the front of the property to provide screening protection for the adjacent historical properties; he said no tailored corridor improvements have yet been provided beyond what is currently required by the ordinance for parking. lot landscaping. Mr. Ruddy next discussed potential impacts of the project. He stated that the applicant has limited the amount of office space on the property to 150,000 square feet; however, no additional limitations have been provided regarding the potential development of the site for non -office industrial -type uses. He said the two scenarios used by the applicant in the Traffic Impact Analysis (TIA) do not accurately reflect the potential worst- case scenario for the build -out of the property. Mr. Ruddy commented that both the County and VDOT have expressed concerns about the trip generation figures used in the TIA and, in particular, the use of employee counts rather than the trip generation figures typically used within the Institute of Traffic Engineers (ITE) Trip Generation Manual. Mr. Ruddy continued, stating that the TIA indicates that LOS "C" conditions or better will be maintained on study roads and intersections with the completion of several area improvements including improvements at the intersection of Route 11/ Hopewell Road/ Brucetov>ii Road and improvements at the intersection of Route 11/ Rest Church Road. He stated that none of the improvements identified in the TIA have been addressed by this application. In addition, the applicant's transportation program does not provide for or advance the County's Eastern Road Plan element of the Comprehensive Policy Phan, ii particular, the widening of Route 11. Mr. Ruddy next proceeded to review and provide staff comments on the applicant's proffer statement. Frederick County Planning Commission Minutes of August 15, 2007 Page 2093 -5 - County Transportation Planner, John A. Bishop, added that the primary issue with the applicant's TIA is the method used by the applicant to project potential traffic for the 750,000 square feet of warehousing space. Mr. Bishop commented that using numbers of employees is one method, but the County has no control over how many employees will be hired; therefore, the County uses square footage, unless another method is agreed upon beforehand. He said the concern is that the applicant is significantly under -estimating the trip generation figures. In addition, the figure doesn't include any potential office use or other type of development on the property. Furthermore, the applicant's triggers for specified road improvements, monetary contributions, and signalization are all based on the number of vehicle trips and the discrepancy, from the County's point of view, could result in p.m. peak -hour trips that are more than double the point at which the applicant proffers a signal or cash in lieu of a signal. Mr. Bishop said the two site driveways are also a concern. He understood the desire to keep trucks and automobile traffic separate; however, the staffbelieves that Route 11 is not the avenue to deal with this on-site problem. Mr. Lloyd Ingram of VDOT was available to answer questions from the Commission. Mr. John Knott of BPG Properties, Ltd., the applicant, said BPG was headquartered in Philadelphia, Pennsylvania, and has offices in Northern Virginia and across the United States. Mr. Knott said BPG are the owners of approximately 20 million square feet of commercial space around the country, including office, industrial, and retail space. He gave the Conunission further information on the background of his company. Mr. Knott said that BPG intends to actively market this site for potential users in the M 1 District. Mr. Ty Lawson, attorney with Lawson & Silek, P.L.C., was representing the applicants and owners for the I-81 Distribution Center. Mr. Lawson responded to the staff's statement that the application was not consistent with the Comprehensive Policy Plan by pointing out that existing uses on the west side ofRoute 11 and the east side of I-81 were comprised of an overlap of commercial and industrial uses and, therefore, this area could be considered as a transitional area. He spoke of the County's desire to have readily available facilities for potential M 1 users and his client's preference for M 1 zoning, rather than B3. He noted that M I uses produce less traffic impacts than B3 uses. He said his client did not intend to build office facilities, other than ancillary offices for an industrial use and, therefore, had placed a cap in their proffer for permitted square footage of office use. Mr. Lawson stated that they chose warehouse and office uses for their traffic modeling and, in addition, they conducted actual traffic counts of existing facilities, such as Home Depot and Target. In conclusion, Mr. Lawson reviewed the applicant's proffers, specifically those dealing with right-of-way improvements, financial contributions, the traffic signal, and caps on office space. The applicant's transportation analyst, Mr. Mike Glickman of PHR&A, spoke about the applicant's trip generation results and he explained why other methods besides square footage, such as acreage or employees, were valid in the modeling studies. Mr. Glickman said his client strongly disagreed this site would generate the numbers of trips indicated by the use of square footage modeling. Mr. Ruddy stated that there can be considerable discussion on the scoping and details of the TIA, but there is an important relationship between the proffers and the impacts revealed by the TIA. He explained that the impacts have to translate into details of the proffer statement. Therefore, the square footage uses and other elements identified in the TIA need to translate to action in the proffer statement. Mr. Ruddy commented that this is where there is a large gap in this particular situation. A Commission member asked if some of issues raised would be better addressed at the master development plan level, such as screening or guaranteeing that a LOS "C" will be met. Mr. Ruddy replied that in this location, adjacent to a rural area property used for residential purposes, buffers should be addressed. In this particular application, he said a number of occasions arise, such as 1-81 and the reconunendation that came from the HRAB regarding the historical property. Mr. Ruddy said those were examples where an applicant could go Frederick County Planning Commission(7 Minutes of August 15, 2007 D 0 A 15 Page 2094 T QM. above and beyond what is required in the ordinance. Mr. Ruddy said that the TI.A indicates that what will be needed to achieve an acceptable LOS "C" would be significant improvements to Route 11 and its intersections with Rest Church Road and Hopewell and Brucetown Roads. He said those were off-site improvements that go above and beyond what could be captured with a site development plan and master development plan application. He said the rezoning is the opportunity to insure the impacts associated with the rezoning are addressed, as well as the Comprehensive Policy Plan. Conunission members expressed concern that none ofthe transportation improvements identified in the TIA had been addressed by the application to provide a LOS Category C on impacted roads; nor did the applicant's transportation program provide for or advance the County's Eastern Road Plan element of the Comprehensive Policy Plan, specifically, the widening of Route 11. The applicant's two site driveways were raised as an issue because the NELUP discourages individual lot access onto Route 11. Commission members questioned the applicant's TIA because it used employee counts, rather than square footage for trip generation figures, and may not accurately reflect the potential worst-case scenario. Furthermore, no additional limitations had been provided regarding the potential development of the site other than a cap on the square footage of office use. Some Conunissioners commented that recently -rezoned properties and background traffic from West Virginia should be included in the applicant's calculations. They inquired about the proposed tractor -trailer count for the site. Members of the Commission noted the applicant had not offered any information on signs, nor had any M1 uses been proffered out. A Commissioner expressed the need for a regionalized transportation plan for the Route 11 corridor, so future applicants are aware of what the County's expectations are for transportation improvements. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Light made a motion to recommend denial of the rezoning for three reasons: 1) it fails to address the Comprehensive Policy Plan; 2) it fails to adequately address the design standards within the corridor; and 3) the TIA and transportation improvements do not adequately mitigate impacts to the Route 11 corridor. This motion was seconded by Cominissioner Ours. BE IT RESOLVED, that by a majority vote, the Frederick County Planning Connnission does hereby recommend denial of Rezoning 907-07 of I-81 Distribution Center, submitted by Triad Engineering, Inc. to rezone 59 acres from RA (Rural Areas) District to M 1 (Light Industrial) District, with proffers, for office and warehouse uses for the following reasons: 1) it fails to address the Comprehensive Policy Plan; 2) it fails to adequately address the design standards within the corridor; and 3) the TIA and transportation improvements do not adequately mitigate impacts to the Route 11 corridor. The majority vote was as follows: YES (TO REC. DENIAL): Mohn, Triplett, Ours, Wilmot, Light, Morris, Unger NO: Manuel ABSTAIN• Oates (Note: Commissioners Watt, Thomas, Kriz, and Kerr were absent from the meeting.) Frederick County Plant -ung Commission Minutes of August 15, 2007 DoRMFY Page 2095 PUBLIC MEETING Master Development Plan 904-07 of the Haggerty Property, submitted by Patton Harris Rust & Associates (PHR&A), for up to 300 single-family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Rt. 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 further identified with P.I.N.s 55-A-212 and 55 -A - 212A in the Red Bud Magisterial District. Action — Recommended Approval Conunissioner Manuel said that he would abstain from all discussion and voting on this master development plan application, due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported that the Planning Commission previously evaluated the rezoning request for this project and ultimately, Rezoning 404-07 was approved by the Board of Supervisors on July 25, 2007. This project includes right-of-way dedication for future Route 37 and approximately 33 acres of open space, which is adjacent to the Opequon Creek. He said access to the site will be provided via a rural two-lane undivided collector road, Haggerty Boulevard, which will link the project from Route 7, west of the Opequon Wastewater Treatment Plant, into the site. In addition, the master development plan (MDP) provides for the construction of an east -west major collector road, consistent with the County's Comprehensive Policy Plan. Inter -parcel connectivity has been provided to the adjacent Twin Lakes Overlook project. Mr. Ruddy pointed out the location of the future community center, which is to be constructed during the second phase of development. He added that the MDP reflects the protection ofenvironmental features consistent with the Generalized Development Plan (GDP) and the MDP is consistent with the proffer statement and the GDP. Mr. Ruddy pointed out one remaining issue to be evaluated by the Coimnission, which focused on the road efficiency buffer between the residential lots and future Route 37. He said the applicant's proffer statement provides for landscaping in this particular area; however, the staff would like to ensure the required buffer is recognized on the MDP. In conclusion, Mr. Ruddy stated that the preliminary MDP is in a form which is administratively approvable. The MDP also satisfies the requirements of the zoning and subdivision ordinances upon addressing the road efficiency buffer requirement. Commissioner Unger inquired if there was a designated limit on the number of houses that could be constructed per year. Mr. Ruddy read from the proffer statement that, "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 MDP approval by the Board of Supervisors, and 50 in any 12 -month period thereafter." Mr. Patrick Sowers, with Patton Harris Rust & Associates (PHR&A), and Mr. Clary Athey, attorney, were representing the owner, David B. Holliday, and the Haggerty Property MDP. Mr. Sowers said they hav Trovided plantings consistent with the road efficiency buffer for Route 37 through their proffer statement and with regard to open space, they are willing to work with the staff to reach a consensus on meeting the ordinance requirements for Route 37's road efficiency buffer. Chairman Wilmot called for public comir►ents. No one came forward and Chairman Wilmot closed the public continent portion of the meeting. Frederick County Planning Commission Page 2096 Minutes of August l 5, 2007 n d Do 'uuuntttUj Q Commissioner Mohn made a motion to recommend that achninistrative approval authority be granted to the staff by the Board of Supervisors with the expectation that the road efficiency buffer requirement along Route 37 be clarified between the applicant and the staff prior to final approval. This motion was seconded by Commissioner Triplett and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend that administrative approval authority be granted to the staff for Master Development Plan #04-07 of the Haggerty Property, submitted by Patton Harris Rust & Associates (PHR&A), for up to 300 single-family detached and attached residential dwellings, with the expectation that the road efficiency buffer requirement along Route 37 be clarified between the applicant and the staff prior to final approval. (Note: Commissioner Manuel abstained from voting; Commissioners Thomas, Watt, Kriz, and Kerr were absent from the meeting.) Master Development Plan #08-07 for Shockey Brothers, submitted by Greenway Engineering, for commercial uses on North Frederick Pike (Route 522). The property is identified with P.I.N. 54-A-11 in the Stonewall Magisterial District. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this master development plan (MDP) application is a proposal to develop 24.8 acres of existing B2 (Business General) -zoned property with commercial uses. Ms. Perkins said the property was shown with B2 zoning on the original County zoning maps and, therefore, the site does not have any associated proffers. She said the site is adjacent to the existing Shockey Industrial facilities and will be accessed with one entrance off North Frederick Pike (Route 522). The Eastern Road Plan of the Comprehensive Policy Plan shows the extension of Fort Collier Road running through the property and the MDP shows an 80 -foot reservation for this roadway extension. Ms. Perkins stated that the applicant is requesting a waiver of Section 144-24C of the Frederick County Subdivision Ordinance and would allow the property to be subdivided with private roads. She added that the MDP is consistent with the requirements of the zoning ordinance and has addressed the staff s concerns. She further added that two recommendations are needed for this MDP, one for the waiver and the other for the MDP. Commissioner Oates inquired if a Traffic Impact Analysis (TIA) had been provided for the MDP. Commissioner Oates asked the County's Transportation Engineer for his opinion on the transportation aspects of the application. Transportation Planner, John A. Bishop, said that since this was historically -zoned property, a TIA was most likely not done. Mr. Bishop believed the location of the entrance is about the only place an entrance could be acconunodated along that portion of Route 522. He believed it was worthwhile to monitor the intensity of development through the TIA process as site plans are submitted, primarily from a safety perspective. Mr. Evan A. Wyatt with Greenway Engineering was representing the MDP. Mr. Wyatt explained that when this MDP was originally designed, there was not a waiver issue. However, staff is desiring that the issue of a waiver be addressed at the MDP level, rather than coming in and requesting it at the subdivision stage. Mr. Wyatt said the owners have no intent of subdividing the property at this time and the property currently meets ordinance standards in that it abuts and has direct access to a state -maintained road. However, this will set the stage for the future, so if subdivision is desired, the owner will not have to come back before the Frederick County Planning Commission Minutes of August 15, 2007 0 0 F Page 2097 7 IPU -g - Commission and Board with the request. Mr. Wyatt said the applicant is using an internal private street system, which is the basis for requesting the waiver. In addition, Mr. Wyatt stated that a public improvement plan was approved by VDOT, the County Engineer, and the County Sanitation Authority, which is why the entrance is at the proposed location. He said that because of issues, such as site distance, this was the only place the entrance could be located and was approved. The public improvement plan also provided a turn -taper into the entrance and on the Route 522 approach into Winchester, there is striping to create a left -turn stacking lane. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Oates made a motion to recommend approval of the waiver of Section 144-24C of the Subdivision Ordinance for MDP #08-07 of Shockey Brothers with the condition that only one other exit be allowed and strictly designated as an "exit only." No additional entrances will be allowed. This motion was seconded by Commissioner Light and unanimously passed. Conunission Oates next made a motion to recon -i rend approval of MDP 408-07 of Shockey Brothers with the stipulation that upon request by staff, TIAs accompany future site plans as needed. This motion was seconded by Conunissioner Light and unanimously passed. (Note: Commissioners Watt, Thomas, Kriz, and Kerr were absent from the meeting.) ADJOURNMENT Upon motion made by Commissioner Ours and seconded by Commissioner Morris, 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 ��n Page 2098 Minutes of August 15, 2007 0 I u) nd �cK ` CO CONDITIONAL USE PERMIT #05-07 SPIRITUALITY RETREAT CENTER, CATHOLIC DIOCESE OF ARLINGTON Staff Report for the Planning Commission Prepared: September 4, 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 request. It may also be useful to others interested in this zoning matte`. Reviewed Action Planning Commission: 09/19/07 Pending Board of Supervisors: 10/10/07 Pending LOCATION: This property is located at 125 Old Kitchen Road and Armel Road (Route 642). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-129 PROPERTY ZONING & PRESENT' USE: Zoned: RA (Rural Areas) Land Use: Monastery and Agricultural ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Agricultural South: RA (Rural Areas) Land Use: Residential/Agricultural East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential/Agricultural PROPOSED USE: Spiritual Retreat Center within the existing facility and on the 150 acre property. CUP 905-07, Spirituality Retreat Center September 4, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 642, the VDOT facility which would provide access to the property. This proposed submittal appears acceptable to VDOT. further comments will follow at site plan review. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick County Fire Marshall: Plan approval recommended. Frederick County inspections: Existing building shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and use group A (Assembly) and R (Residential), of the International Building Code/2003. Other Code that apply are ICC/ANSI A 177.1-03 Usable and Accessible Buildings and Facilities. Accessible route improvements shall comply with the IEBC 20% cost unless full compliance is met. Asbestos inspection shall be required- prior equiredprior to permit issuance for change of use permit for the renovations. Note: Elevations of the accessible route from the building required exits to the accessible parking is not shown in detail on the site plans submitted. Please submit detailed plans showing the accessible route and elevations at the time of permit application. Frederick County Public Works: Upon review of the site plan dated May 30, 2007, we offer no comments at this time. Therefore, we recommend our approval of the subject site plan. Since the project proposes the disturbance of more than 10,000 square feet, the proposed improvements will require a Land Disturbance Permit. VDH-Office of Drinking Water: If the system serves "at least 25 persons per day for at least 60 days out of the year" you would not have to submit plans to our office for the construction and you would not be required to have a waterworks permit. In the eyes of the regulations you would be a private system regulated similar to a private home and your well site would be approved by the Local Health Department. I would make the following suggestions: I would be glad to meet with you and approve any well sites which you may be planning to develop. Then I suggest so that if the system ever expands to fit the public definition the wells will already be in the system. I can give you a list of water quality development samples required of public systems. For safety and liability purposes I would suggest you run these samples although they are not required. After the system is in operation I suggest you take quarterly bacterlogical samples again for safety and liability purposes, although they are not required. If you have any food services in the future a permit for that operation will have to be obtained from Local Health Department. If a food permit is required they will work with you to set up a bacterlogical sampling program. CUP #05-07, Spirituality Retreat Center September 4, 2007 Page 3 Department of Environmental Quality: Please see the attached correspondence. ;Frederick -Winchester Health Department: The health department cannot comment favorably on the proposal as submitted. An antiquated, non -discharging lagoon is proposed to be used for sewage disposal. The possibility of contamination of groundwater is a concern. In addition, there is not guarantee that the current sewage disposal system will function properly given the proposed increase in water use and changes in wastewater quality. An Authorized Onsite Soil Evaluator could possibly locate an acceptable site for a sewage disposal system to accommodate the proposal. Public water and sewer, if approved by the Frederick County Sanitation Authority, could also be an option, if feasible. Based on the information provided in the submittal, a public water supply will be required. Contact the Office of Water Programs for information and permitting. A permit for a restaurant and/or a motel may be required and should be addressed when the site is submitted. PlanninjZ and Zoning: The proposed use is identified as a Spiritual Retreat Center in the application. Within the RA (Rural Areas) Zoning District this particular type of use has historically been classified within the following group, Section 165-51.0. Campgrounds, tourist camps, recreation areas and resorts. The most recent example of such a use being addressed as a Religious Retreat in this classification in Frederick County is God's Glory Land within the Back Creek District (CUP401-94). The historical use of this property as monastery/friary, and later as a residence and care center for elderly friars, has not been in operation for a relatively long period of time (much greater than one year). Therefore, the property has not retained any level of legal nonconformity. Accordingly, the direction is to establish a use permitted with a CUP, a Spirituality Retreat Center. This is consistent with Section 165-51.0. of the Frederick County Zoning Ordinance. The Catholic Diocese of Arlington is proposing to use the former Franciscan Monastery as a spirituality center for reflection, worship, retreats, and diocesan meetings. The existing facility is located on a 150 acre site and includes a chapel with approximately 100 seats, a cafeteria, meeting rooms, library, sleeping rooms, and supporting areas. The Diocese also anticipates using the property for outdoor passive recreational trails such as nature and reflection trails. The Diocese projects that as many as 160 people may use the facility at any one time. However, such large scale gatherings would occur relatively infrequently. More frequently, the facility would be used for small retreats, some that may be for several nights, and for larger groups for daytime use. A limited number of resident staff (no more than 5) is anticipated. The proposed conditions accompanying this Conditional Use Permit are based upon the scope of the above use of the facility as provided by the CDA. A possible schedule of their use has been provided as part of their application. In addition, the proposed conditions address the current health system limitations of the property. CUP 405-07, Spirituality Retreat Center September 4, 2007 Page 4 The scope of the use should be based around the existing building and the current health system limitations of the property. The responsible permitting agencies; the Virginia Department of Health — Office of Water Programs and the Department of Environmental Quality have been in consultation with the Catholic Diocese of Arlington and the County regarding the proposed use of this facility. In particular, the Department of Environmental Quality, who recently modified the facilities VPDES Permit (No. VA 0089010 with Modification Date of January 10, 2007 and Expiration Date of March 31, 2010) has evaluated the proposed use of the facility and expressed to staff that they foresee no reason why the CDA will not be able to operate within the parameters of their existing permit. The existing facility currently operates under a VPDES Permit and utilizes a zero discharge limit sewage lagoon. The permitted discharge to the lagoon is a rate of 1,600 gdp. Future options that may be available to the CDA include constructing an alternative waste waster system on-site for their use that would meet current standards. The CDA has expressed a desire to ultimately connect to public water and sewer. However, this property falls well beyond the area in which public water and sewer is available by policy. The property is not located within the Urban Development Area or Sewer and Water Service Area. The Virginia Department of Health — Office of Drinking Water has outlined the qualifications for being classified as a public waterworks system that must have an Operations Permit issued by their Office. The CDA is aware of these requirements and have stated that they will not meet these minimum requirements. Should the CDA ultimately determine that they need to obtain an operations permit for a public waterworks system or improve their private water system; the Office of Drinking Water has offered several suggestions to assist the CDA.. Staff contacted the local Health Department regarding the requirements for needing a restaurant permit. Based upon, the CDA's proposed approach to providing only off-site catering for larger groups and utilizing boxed lunches, light meals, and bottled water it would appear as though a food or restaurant permit would not be required. This approach has resulted in the condition being proposed that only off-site catering will be allowed in conjunction with this conditional use permit. In general, the facility and site is well suited for the proposed use of a Spirituality Retreat Center. Several site improvements would be required to accommodate the proposed use including improved access to the site and an increase in the size of the parking area. A site development plan will be required to be completed prior to the use of this site. Staff has also suggested that the signage on the site be limited in order to maintain the character of the facility and to ensure that the facility continues to fit in with the surrounding neighborhood. CUP 405-07, Spirituality Retreat Center September 4, 2007 Page 5 STAFF CONCLUSIONS FOR THE 09/19/07 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments shall be followed at all times. 2. An engineered site plan for the expansion of the parking area and access to the site shall be approved by Frederick County, and the improvements completed prior to starting this use. 3. No expansion of the existing building shall be permitted with this CUP. 4. The Resident Staff shall not exceed five (5) people living in the facility at any one time. 5. No transit user or guest will be permitted to stay longer than thirty (30) days. 6. The maximum number of guests allowed to use the facility at any one time shall be one hundred and sixty (160). 7. When required by the use of the facility, all federal, state, and local regulations applicable to public waterworks, wastewater disposal, and restaurant operation will be complied with at all times. 8. CDA will operate the facility to comply with VPDES Permit No. VA 0089010 with Modification Date of January 10, 2007 and Expiration Date of March 31, 2010 and further direction of the Commonwealth of Virginia Department of Environmental Quality. 9. Only off-site catering will be allowed in conjunction with this conditional use permit. 10. No more than one (1) entrance shall be permitted to access this property from Armel Road, Route 642. 11. No more than one (1) sign shall be permitted on this property. This sign shall be limited to 50 square feet in size and shall be a monument style sign. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 11 ` � s LL fans GIi1hRd t Q a A 137D) r •, 76 A Z' wtto ;ss t._ a ` < N L ►NE' r� > 1 a r � y 4 „}e ' Old Kitchen 7 fJ - �1 �J%- Homeplace�Ct �• � ` W y> 76� A 113 522 z RITTER' MARSHALL L 76 A :114,: \ELSEA, my' RUTH R l C.o, t m h 1 �.. r � y sk`4 ! , �J%- Homeplace�Ct �• � ` Map Document: (WPlannina And DevelonmPntl a I nrmtnr r0m,, �nA :.:..._s. __r__ Frederick County, VA Location in the County Map Features 0 Hamlets ♦• Future Rt37 Bypass Application Lakes/Ponds ^^- Streams Buildings Streets ^— Primary Secondary '�- Terciary Winchester Rds Urban Development Area �: SWSA Topography (5' interval) Conditional Use Permit CUP #05-07 ?application Spiritual Retreat Center Catholic Diocese of Arlington ]Parcel ID: 76-A-129 W �hcchr Lo no Oa kDouble Tollgate Location in Surrounding, Area -� 0 250 500 1,0p0 ��. eet Case Planner: Mike _wc 1ur.mxul atutuut -- II:Ub:,i'I AM Frederick Conditional Use Permit CUP # 05 - 07 Application Spiritual Retreat Centerl Catholic Diocese of Location in the County Map Features O Hamlets 44.4 Future Rt37 Bypass Application 0 Lakes/Ponds Streams ttic Buildings streets Primary ^. Secondary '�- Terciary '�— Winchester Rds tf Urban Development Area SWSA Location in Surrounding Area Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\CDA_SpiritualCenter_CUP0507_082107.mxd) 8/22/2007 -- 11:05:31 AM From: Chuck Conner[mailto:Chuck.Conner@vdh.virginia.gov] Sent: Wednesday, August 08, 2007 3:29 PM To: Ken Brooks Subject: [Fwd: CDA Spirituality Center] -------- Original Message -------- Subject: CDA Spirituality Center Date: Tue, 07 Aug 2007 18:32:39 -0400 From: Chuck Conner <Chuck.Conner@vdh.vir ig nia.gov> To: k brooks(a arl.ingtondioceses.org Dear Ken, I am forwarding this email as a summary of our resent discussion on the subject of a water system to serve the future CDA Spirituality Center proposed on your organizations property in Fredrick County. If the system serves "at least 25 persons per day for at least 60 days out of the year" it becomes a public waterworks and must have an Operations Permit issued by our Office. You stated that the CDA Spirituality Center will not meet these minimum criteria. Assuming you do not serve "at least 25 persons per day for at least 60 days out of the year" you would not have to summit plans to our office for the construction and you would not be required to have a waterworks permit. In the eyes of the regulations you would be a private system regulated similar to a private home and your well site would be approved by the Local Health Department. I would make the following suggestions. I would be glad to meet with you and approve any well sites which you may be planning to develop. Then I suggest you develop the sites to the standards required for pubic water systems so that if the system ever expands to fit the public definition the wells will already be in the system. I can give you a list of water quality development samples required of public systems. For safety and liability purposes I would suggest you run these samples although they are not required. After the system is in operation I suggest you take quarterly bacterlogical samples again for safety and liability purposes, although they are not required. If you have any food services in the future a permit for that operation will have to be obtained from Local Health Department. If a food permit is required they will work with you to set up a bacterlogical sampling program. Please contact me if I can be of any assistance at 540-463-7136 ext. 110 Chuck Conner Asst. District Engr. Office of Drinking Water Sandy White From: Ken Brooks [K.BrooksCarlingtondiocese.org] Sent: Monday, August 20, 2007 8:33 AM To: Evan Wyatt Cc: Sandy White; J. Reid Herlihy; John Amarantides Subject: FW: CDA Spirituality Center VPDES Permit - DEQ Comment Evan; Here is the DEQ response. Let me know if there are still any questions. Ken From: Wallace,Trevor [mailto:thwallace@deq.virginia.gov] Sent: Thursday, August 16, 2007 11:27 AM To: Ken Brooks Cc: mruddy@co.frederick.va.us Subject: CDA Spirituality Center VPDES Permit - DEQ Comment Ken, Page 1 of 2 1� 20 4�c)- I C DEQ does not generally become involved in local zoning, use, and permitting issues, but can gladly comment on VPDES Permit No. VA0089010 reissued to the Franciscan Friars, T.O.R. on April 14, 2005, and subsequently transferred to the Catholic Diocese of Arlington, VA on January 10, 2007. VPDES Permit No. VA0089010 requires the wastewater lagoon be operated and managed such that surface and groundwater water quality and uses are protected. The CDA Spirituality Center wastewater lagoon operates under a "no discharge" condition and is limited to an average influent flow of 1600 GPD, which corresponds to a lagoon liner permeability of 1X10-6 cm/sec as required by 9 VAC 25-790- 720. The most recent request for reissuance of this permit was received by DEQ on August 16, 2004. The owner also forwarded a copy of their request the Virginia Department of Health (VDH). The VDH replied to DEQ by memorandum dated August 19, 2004, noting no objection to the request. On February 8, 2005, DEQ developed a draft permit in response to the reissuance request. The draft permit was public noticed on February 22 and March 1, 2005 in the Winchester Star. Local government officials (County Administrator, County Board of Supervisors Chairman, and Planning District #7 Executive Director) were copied with the public notice on February 25, 2005, and invited to comment. DEQ did not receive any comments from local government or the public in response to the public notice. The draft permit was authorized by DEQ on March 29, 2005, and became effective on April 14, 2005. The permit includes all applicable limitations and requirements, and it is the responsibility of the owner to demonstrate compliance with the permit. DEQ currently has no reason to believe the Diocese is or will be unable to demonstrate compliance with this VPDES permit. The most recent DEQ inspection of the lagoon was completed on July 20, 2004. The inspection report notes the lagoon was in fair condition, and included several required actions (update lagoon observation log, maintain path to the lagoon outfall, clear lagoon berm of any brush, inspect lower level discharge valve) necessary to ensure the lagoon does not discharge and is properly maintained. On August 16, 2/20/2007 Page 2 of 2 2004, DEQ received notice from the permittee (Franciscan Friars, T.O.R.) that the required actions had been completed. DEQ's next inspection of the lagoon will take place prior to January 2010. Should you require further assistance from the DEQ, please do not hesitate to contact me. Trevor H. Wallace Environmental Engineer Virginia DEQ - Valley Regional Office Tel: 540-574-7807 Fax: 540-574-7878 Qi?ni?nm COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE Preston Bryant 4411 F.,arly Road, P.O. Box 3000, Harrisonburg, Virginia 22,901 Duvid K. Pay!- Secretary of Natural Resources (540) 574-7800 Fax (540) 574-7873 Director www.deq.vir inia. ov January �, 2007 R_ Bradley Chewning, F.E. Regional Director SCE WIFIED MAIL RETURN RECEIPT REQUEST ED Mr. Paul S. Loverde, ]Bishop Catholic Diocese, of Arlington, VA 200 North Glebe Road, Suite 704 Arlington, VA 22203 Re: Modification, Permit No. VA0089010 CDA Spirituality Center Dear Bishop Loverde: The enclosed permit has been approved. This permit action involved modifying the permit to reflect a change in ownership. In accordance with the permit, you are required to submit Discharge Monitoring Reports (DM1Zs) annually by January 10 to: Virginia Department of Envirojunental Quality Valley Regional Office P.O. Box 3000 Harrisonburg, Virginia 22401 The reporting form is included with the permit. You will be responsible for obtaining Additional copies of the DMR. The first DMR for the year ending December 31 is due by January 10, 2008. Please refer to Guidance Memo 04-2020, available from the following web site, for instructions on completing your DMR: http://www-deci.virginia.govlwaterguidance/permits.html. As provided by Rule 2A:2 of the Supreme Court of Virginia, you have thirty days from the date of service (the date you actually received this decision or the date it was mailed to you, whichever occurred first) within which to appeal this decision by filing a notice of appeal in accordance with the Rules of the Supreme Court of Virginia with the Director, Department of Environmental Quality. In the event that this decision is served on you by mail, three days are added to that period. rax s rom Permit No. VA008901 U CDA Spirituality Center Page 2 Alternatively, any owner under §§ 62.1 - 44.16, 62.1 - 44.17, and 62.1 - 44.19 of the State Water Control Law aggrieved by any action of the State Water Control Board taken without a formal hearing, or by inaction of the Board, may demand in writing a formal hearing of such owner's grievance, Provided a petition requesting such hearing Board's Procedural Rule No. 1. In petition must meet the requirements set forth in § 1.23(b) of the cases involving actions of the Board, such petition must be filed within thirty days after notice of such action is mailed to such owner by certified snail. The VPDES Permit Regulation at 9 VAC 25-650-70.B., requires that when a transfer of ownership occurs, the old owner shall comply with financial assurance requirements until the new owner has demonstrated that he is complying with the requirements. The new owner shall demonstrate compliance with the financial assurance requirements within six months of the date of the change of ownership of the facility. Upon demonstration to the Board by the new owner of compliance with the financial assurance requirements, the Board shall notify the old owner that he or she no longer needs to comply with the financial assurance requirements as of the date of demonstration. If you have questions about this permit, please do not hesitate to contact us. Sincerely, arrvy . Simmons, P.E. Deputy Regional Director Enclosure: Permit No. VA0099010 cc: j�r John Amarandites, P.E., COA Facilities Manager EPA, Region fff - 3 WP 12 DEQ -C WPP Compliance Auditor (VRO) Permit Processing File r C'iX I r'"111 MEMORANDUM DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE 4411 Earl Road - P.O. Box 3000 Harrisonbur VA 22801 SUBJECT: Modification of VPDES Permit No. VA0089010, CDA Spirituality Center TO: Deputy Regional Director FROM X Regional Water Permits Manager , g DATE: January 4, 2007 COPIES: VRO Permit Processing File Legal Name of Current Owner: Legal Name of New Owner: Other Agency Comments: . Public Notice Comments: Staff Comments: Franciscan Friars, T.O.R. Catholic Diocese of Arlington, VA N/A — Minor modification. Minor Modification. No Public Notice required. In accordance with the change of ownership request, the owner name and facility name were changed on the permit cover page and the new owner's name and mailing address were included on the Discharge Monitoring Report. The permit cover page was also reformatted in accordance with current agency guidance. Fax from+ ao-nom-or tu.a� ry. COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0099010 Effective Date: April 14, 2005 Modification Date: January 10, 2007 Expiration Date: March 31, 2010 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE FLIMINATION SYSTEM 0. 21111 TIIE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the information submitted with the permit application, and with this permit cover page, Part I - Effluent Limitations and Monitoring Requirements, and Part II — Conditions Applicable To All VPDES Permits, as set forth herein. Owner: Catholic Diocese of Arlington, VA Facility Name: CDA Spirituality Center County: Frederick Facility Location: 125 Old Kitchen Load The owner is authorized to discharge to the following receiving stream: Stream: River Basin: River Subbasin: Section: Class: Special Standards: Opequon Creek, U.T. Potomac Potomac 11 IV pH �I epn Regional Director, Valley Region (� �10-7 Date A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. VA00890 i 0 Part I ti Page 1 of 7 x 0 a 1. During the period beginning with the permit's effective date and lasting until the permit's expir4on date, the permittee is authorized to operate a sewage treatment lagoon, a. There shall be no discharge from the lagoon except for allowable permeability through the lagoon bottom at a rate not to excel Ie cmtseo. b. The design flow of this treatment facility is 1606 GPD. See Part I.C.I. for additional requirements related to facility flows. a Monthly logs on the lagoon shall be maintained which include influent flow, rainfall volumes, and lagoon conditions (depth, animal damage, surface Conditions). A copy of the logs shall be submitted by January 10"' of each year with the DMR for outfall 002. Permit No. VA0089010 Part I A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Page 2 of 7 2. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 002. This discharge shall be limited and monitored as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS Monthly Ayegge Weekly Average Minimum Maximum Flow (MGD) $ NL NA NA NL pH (standard units) NA NA 6,5 9.5 Suspended Solids (mg/L) ° 30 NA NA so NL = No Limitation, monitoring required NA = Not Applicable a. The design flow of this treatment facility is 0.000241 MGD. See Part 1_C.I. for additional requirements related to fadlity flows. b. See Part I.B. for additional monitoring instructions. C. The Discharge Monitoring Report (DIJ1R) for outfall 002 is due by January I& of each year for the previous calendar year. d_ There shall, be no discharge of floating solids or visible foam in other than trace amounts. MONITORING REQUIREMENTS Frequency Sample Type INear ` Estimate 1/Year' Grab 1fYear ` Grab AUS k Submittal Deadline/ P/C Meeting 61 57 BOS Meeting z O o '7 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA Applicant (The applicant if the ❑ owner ® other) NAME: Greenway En ing eering, j�,ue , ADDRESS: 151 Windy Hill Lane Winchester. VA 22602 TELEPHONE 540-662-4185 2. Please list all owners, occupants, or parties in interest of the property: Province of the Most Sacred Heart of Jesus, Third Order Regular of St. Francis Catholic Diocese of Arlington, Spiritual. Retreat Center 3. The property is located at: (please give exact directions and include the route number of our road or street) 125 Old Kitchen Road Route 522 south from Route 50 approximately 4.75 miles left on Armel Road Route 642 go 3/4 mile, left on driveway to old monasterX 4. The property has a road frontage of 1,637 feet on Armel Road and 2,593 feet along Old Kitchen Road and a depth of 2,000 feet and consists of 149.50 acres. (Please be exact) 5. The property is owned by Province of the Most Sacred Heart, of Jesus Third Order Regular of St Francis recorded in deed book no. 251 on page 92, as recorded in the records of the clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 76-A-129 Magisterial District Shawnee Current Zoning RA 7. Adjoining Property: USE 'ZONING North Agriculture/undeveloped RA 20-100 acres East Single-family residential RA suburban South SF res. suburban, RA Agriculture 20-100 acres West SF res. suburban, RA Agriculture 20-100 acres 8. The type of use proposed is (consult with the Planning Dept. before completing) Spiritual Retreat Center the following buildings will be constructed: No buildings will be constructed at 9. It is proposed that this time. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in from of (across the street) the property where the requested use will be conducted. (Continue on next page if necessary.) These people will be notified by mail of this application: NAME Mark S. & Donna J. ADDRESS 315 Armel Road PROPERTY ID# Whitcomb White Post, VA 22663 76 -A -103A NAME Bountiful Farms, LLC ADDRESS 1009 Orchard Way PROPERTY ID# 76 -A -103D Silver Spring„ MD 20904 NAME Wayne A. Smith ADDRESS 420 Knight Drive PROPERTY ID# 76-A-98 Winchester VA 22602 NAME Robert P. & Lynn n D. ADDRESS 460 W. Parkins Mill PROPERTY ID# Blake Road 76 -A -97C Winchester, VA 22602 NAME Lawrence E. & Hazel J. ADDRESS 680 W. Parkins Mill PROPERTY ID# White Road 76-A-130 Winchester VA 22602 NAME Matthew P. Jr. & John ADDRESS 3648 Washington Blvd. PROPERTY ID# A. Kibler Baltimore, MD 21227 76-A-133 NAME Michael -Ann Kirby & ADDRESS 179 Dundridge Drive PROPERTY ID# Michael Cefola White Post, VA 22663 76-3-2 NAME Joseph F. Ambrogi ADDRESS 161 Dundridge Drive PROPERTYIDH 76-3-1 White Post, VA 22663 NAME Robert L. & Christine ADDRESS 129 Dundridge Drive PROPERTY ID# W. Cornwell White Post VA 22663 76-3-24 NAME James K. & Loretta A. ADDRESS 372 Old Kitchen Road PROPERTY ID# Bullock White Post, VA 22663 76-3-25 NAME Ruth R. EIsea ADDRESS 615 Armel Road PROPERTY ID# 76-A-114 White Post, VA 22663 NAME David Wayne Settle ADDRESS RR1, Box 16301 PROPERTY ID# 76 -A -112A Paw Paw, WV 25434 NAME Daniel L. Settle, Jr. ADDRESS 198 Old Kitchen Road PROPERTY ID# 76-A-11213 White Post, VA 22663 NAME Robert A. & Virginia A. ADDRESS 489 Armel Road PROPERTY ID# Sakal White Post, VA 22663 76-A-109 NAME Ronnie C. & Deborah ADDRESS 424 Armel Road PROPERTY ID# Erin Smith White Post, VA 22663 76 -A -108A, 76 -A -108B NAME John M. Stryker, Jr. ADDRESS 123 Hampshire Sq, 5W PROPERTY ID# 76-A-107 Leesburg, VA 20175 NAME Hoover & Lucille Settle ADDRESS 350 Armel Road PROPERTY ID# 76-A-106 White Post, VA 22663 NAME Mary L. Nichols ADDRESS 310 Armel Road PROPERTY ID# 76-A- 106A White Post, VA 22663 NAME Katherine M. Ritter- ADDRESS 521 Armel Road PROPERTY ID# Settle White Post, VA 22663 76-A-112 NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTYID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. See accompanying plans and plats 12. Additional comments, if any: If (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. a Signature of Applicant Signature of Owner vzryf 4' m- ., oa r . Owner's Mailing Address 00U,rcJ� /37 ire %/ Al/�1" C I Owner's Telephone No. 4 f�7fz 14)- V JL �% F iIr4r 0,v 2- }1J 3 IT Special Limited Power of Attorney A County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Very Reverend Christian R. Oravec, T.O.R. (Phone) (814) 693-2890 (Address) P.O. Box 137, Lovett, PA 151940 the owners) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. Deed Bk 251 on Page 92 , and is described as Parcel: 76 Lot: 129 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: G Rezoning (I-ncluding proffers) e Conditional Use Permi s C" Master Development Plan (Preliminary and Final) G Subdivision G Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to mance 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 i y (our) hand and seal this `7 day of2001 Signature(s) u-�' A -t'� Signa ( ) e�tis lVd vti� 1 State of Vjfgh�, City/County of To -wit: k6K, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the for going instrument and who is (are) known to me, personally appeared before me and has acknowled _ the same before me in the jurisdiction aforesaid this I day of 7_�, 200J. Y'vLC.- NOTARIAL O A USFMiss on Expires: C_ , Notary Public Loretto Borough, Cambria County, PA My Commission Expires Dec. 14, 2010 __- 4 IM4 OFFICE OF PLANNING, CONSTRUCTION,AND FACILITIES Revised August 21, 2007 Piarest of Affinglon t' 0 44anrk SUITE 704 200 NORTH GLEBE ROAD ARLING T ONYIRGINIA 22203 TEL: (703) 841-2572 FAX: (763) 276-9486 SPIRITUALITY CENTER Catholic Diocese of Arlington The Catholic Diocese of Arlington proposes to use the former Franciscan Monastery in White Post, Virginia as the Diocese's new Spirituality Center — a facility for reflection, worship, retreats, and diocesan meetings. The Spirituality Center will be used by priests, parishioners, diaconate aspirants, youth ministry, and other ministries. These uses will be for small retreats, some that may be for several nights; and for larger groups for daytime use. There will be no use by corporate or business groups. The use will be restricted to religious individuals and groups. Except for resident staff (not to exceed 5) there will be no occupancy exceeding 30 days, with the typical occupancy not exceeding one week and in most cases only a few days. A possible schedule of such use is attached as Exhibit A. The existing facilities are located on a 150 acre site located at 125 Old Kitchen Road and include a chapel with approximately 100 seats, a cafeteria, meeting rooms, library, sleeping rooms, administrative spaces, and supporting areas. The monastery opened in 1960 as a training facility for young priests with the Province of the Sacred Heart of Jesus, T.O.R. In 1972 it became home to the Franciscan Center for Spiritual Renewal, a part time retreat ,center, and in 1991 a residence and care center for elderly friars. The proposed use will be limited by the availability of water and sewer. The water plant and the sewage treatment facility is operating under a VPDES Permit that requires monitoring the water plant backwash discharge and sets a zero limit discharge for the sewage lagoon. The Permit estimated discharge to the sewage lagoon at an average rate of 1,600 GPD and effectively sets the limit on use of the Property. The operation of the water plant and the sewage facility will be strictly monitored by the facility manager to ensure the discharge limits are not exceeded. Scheduled events may be cancelled if the discharge limits are in danger of being exceeded. The CDA Spirituality Center will operate year round (subject to the above discussed limits). The existing kitchen will be refurbished to provide for "lite" meals and for small groups with many events and large groups served by caterers. Some groups will be provided with "box" lunches. The proposed schedule of available facilities is attached as Exhibit A. While we project as many as 160 people in the facility at any one time, these events are not expected to last longer than about 7 hours, with most being of shorter duration. Note that weather permitting, we expect some individuals and small groups to experience the outdoors. The outdoor activities will be allowed to develop at a natural pace as the interest is such activities develops. We propose to start with broadly defined trails that we have called a Nature Trail and a Reflection Trail. We do not propose any structures on or along these trails. Some individuals may carry a portable stool or chair if they wish to stop along the way for reflection. The trails will be pervious materials with small (and low) markers. As these trails are become more used, low benches may be added. We propose to make limited renovations to some areas of the existing facility. We propose to provide fire sprinklers in all sleeping rooms and meeting rooms along with a smoke detector and alarm system through out. Maintenance and repairs will be accomplished where needed. In the future, say 5 —15 years we anticipate a more complete renovation and possible expansion of the facility. The availability of public water and sanitary sewer would accelerate the possible expansion. The "experienced" use of the Spirituality Center will also have a large input to any plans for expansion. Exhibit A CDA SPIRITUALITY CENTER August 21, 2007 "PRELIMINARY CENTER PROGRAM" Anticipated Retreats and Programs for a "typical" month could be: Retreat Friday - Sunday (2 nights) 51 people Day of Prayer 7 hours (lunch) 100 people Deacons Retreat Monday — Friday (4 nights) 50 people Knights of Columbus Friday - Sunday (2 nights) 40 people Nature Retreat Thursday — Saturday (2 nights) 40 people Parish Youth Retreat Friday — Saturday (1 night) 50 people Total 331 people - 512 room nights Meals: Breakfast 512/ Lunch 612/ dinner 512 : total 1,636 Wastewater Load: GPD* GPM** 1 resident 70 2,100 4 day time staff 40 1,200 Guest - 512 room nights 50 25,600 -100 day/lunch 1,200 1,200 --equivalent - 30,100 GPM vs maximum 43,200 GPM *GPD — gallons per day **GPM - gallons per month Exhibit A — page 1 of 3 Exhibit A Page 2 CDA SPIRITUALITY CENTER The Spirituality Center can accommodate overnight guest up to 60 people in 34 rooms 4 suites 9 guests 16 double rooms 32 guests 10 single rooms 10 guests Daytime Facilities can accommodate: 160 people as follows: Conference Room A 55 Conference Room B 25 ra�eter�a 80 - when meals are not being ., served The Cafeterias will serve meals (catered or "box meals" initially) for approximately 120 people One (1) seating: Main Cafeteria 80 Small Cafeteria 32 - Private Dining 8 The Chapel can seat —100 Other facilities: Reception Room 250 SF Pastoral Rooms — 2 225 SF each Library 250 SF Lounge 450 SF Offices — 2 225 SF each Exercise Room 15-20 "Commons" up to 160 Summary: Overnight guests 51 people (Maximun) Dining (120 seats) 160 Daytime Retreats 160 Chapel 100 Exhibit A Page 3 Chapel 100 seats 34 spaces Overnight Guests 30 rooms 30 spaces Staff --- 5 in garage Total daytime — 160 of which 90 are in Chapel and 60 are overnight guests Excess of 10 at 2.5 per auto - 4 spaces Total --- 68 spaces 8 existing spaces --- add 60 spaces Trails - provide two (2) trails : one nature trail One "reflection" trail 200 0 200 GRAPHIC SCALE (IN FEET) T.M. 7s A -97C ROBERT P. & LYNN D. BLAKE SET STONE INST. No. 030012958 FOUND ZONE. R4 5 ST USE AGRICULTURAL F �NCF UA'F o /� T.M. 76-A-98 WAYNE A. SMITH v� D.B. 758, PG. 968 ZONE, RA? / USE. AGRICULTURAL A POND i TAX PARCEL / 76-A-129 DEED BOOK 251 , PAGE 92 149.5068 ACRES 1g9 14" CEDAR ' SNAG FOUND T.M. 76-A-130 LAWRENCE E. & S 39'49'20` E HAZEL J. WHDE 195.04 D.B. 364, PG 226 ZONE. RA S USE- AGRICULTURAL 40' WH17E `s?? OAK FOUND 9-59+F 30" WH17E S �8 OAK FOUND OWNERS ALONG OLD KITCHEN ROAD Q T.M. 76-A-109: ROBERT A. & VIRGINIA A. SAKAL, DB. 803 PG. 494 ZONE.- RA, USE: RESIDENTIAL © T.M. 76-A-112: KATHERINE MAE RITTER SETTLE, WB. 113 PG. 368 ZONE.- RA, USE.- RESIDENTIAL © T.M. 76 -A -112B: DANIEL L. SETTLE JR., DB. 681 PG. 332 ZONE. RA, USE.- RESIDENTIAL OD T.M. 76 -A -112A: DAVID WAYNE SETTLE, DB. 916 PG 1062 ZONE: RA, USE.- RESIDENITAL O T.M. 76-A-114: RUTH R. ELSEA, DB. 264 PG. 243 ZONE. RA, USE. AGRICULTURAL `9S J8' 30" WHITE S 6T�T 07 E 504r, 56. \ 30' WHITE OAK STUMP OAK FOUND FOUND \ \F N y� N 41 5.00 W IRF/ \ w \ 185.00' ' � A T.M. 76 A-103 �� \ BOUNTIFUL FARMS L.L.C. ' D.B. 867, PG. 227 ZONE: RA USE. AGRICULTURAL �� \ POOND POND �`�.•. �-� . SHED SEWAGE —_ / T 0/L LAGOON THE TRAILER AND 1- STORY TANKNK (D T.M. 76 -A -103A MARK S. & T DONNA J. WHITCOMB16 D.B. 910, PG. 1357 / ZONE: R4 tl USE RESIDENTIAL OVERHEAD\ POND P.O.B. / TELEPHONE UNE J L 13 GRAVEL L14 C4 FENCE UNE 1 DRNEW, �..................... . ............... P ............................................ k..................................................................... . EDGE OF PAVEMENT OUTBUILDINGS TIAVE BRICK BUILDING BEEN REMOVED AS W/ BASEMENT OF 03/01/07. SHEET METAL BUILDING SHED c Lf' SHED OVERHEAD TELEPHONE UNE CONCRETE FOUNDATION L12 W/ BASEMENT STEPS I I _ C2 ARMEL ROAD PUBLIC ROAD ROUTE 642 — 40' R/W STONE RUINS OF BARN FOUNDA77ON //yT RHEAO ELECTRIC & :PHONE UNE 201, PG. 75 FE E UN, - L9 EX. 10' INGRESS/ EGRESS ESMT. D.B. 479, PG. 153 DATE. 12/21/06 ALTA/A CSM LAND TITLE SURVEY SCALE.- 1 " = 200' DESIGNED BY.- RLL OF THE LAND OF FILE NO. 4751C PRO VINCE OF THE MOS T SA CRED HEAR T OF JESUS, SHEET 2 OF 2 THIRD ORDER REGULAR OF ST. FRANCIS 06-09 OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OVERHEAD ELECTRIC & TELEPHONE LINE D.B. 179, PG. 172 D.B. 201, PG. 75 GATE L8 / L7 O1-" K/TC,,,EN - - PR/VgR- RpgpROqD ERNEST S. HOLZWORTH No. = 837 Dl. 10' INGRESS/ EGRESS ESMT D.B. 479, PG. 153 �L6 L5 L4 L .... ........ O DATE REVISION 1051071 ATTORNEY COMMENTS Founded in 1971 Eno veers Surveyors TM. 76-A-133 MATTHEW P. JR. & JOHN A. KIBLER D.B. 891, PG. 447 ZONE: RA USE.- AGRICULTURAL LOT 2 OVERHEAD LOT 1 ELECTRIC LINE D.B. 246, PG. 200 - OVERHEAD TELEPHONE — SEROCE LINE OVERHEAD\ POND P.O.B. / TELEPHONE UNE J L 13 GRAVEL L14 C4 FENCE UNE 1 DRNEW, �..................... . ............... P ............................................ k..................................................................... . EDGE OF PAVEMENT OUTBUILDINGS TIAVE BRICK BUILDING BEEN REMOVED AS W/ BASEMENT OF 03/01/07. SHEET METAL BUILDING SHED c Lf' SHED OVERHEAD TELEPHONE UNE CONCRETE FOUNDATION L12 W/ BASEMENT STEPS I I _ C2 ARMEL ROAD PUBLIC ROAD ROUTE 642 — 40' R/W STONE RUINS OF BARN FOUNDA77ON //yT RHEAO ELECTRIC & :PHONE UNE 201, PG. 75 FE E UN, - L9 EX. 10' INGRESS/ EGRESS ESMT. D.B. 479, PG. 153 DATE. 12/21/06 ALTA/A CSM LAND TITLE SURVEY SCALE.- 1 " = 200' DESIGNED BY.- RLL OF THE LAND OF FILE NO. 4751C PRO VINCE OF THE MOS T SA CRED HEAR T OF JESUS, SHEET 2 OF 2 THIRD ORDER REGULAR OF ST. FRANCIS 06-09 OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OVERHEAD ELECTRIC & TELEPHONE LINE D.B. 179, PG. 172 D.B. 201, PG. 75 GATE L8 / L7 O1-" K/TC,,,EN - - PR/VgR- RpgpROqD ERNEST S. HOLZWORTH No. = 837 Dl. 10' INGRESS/ EGRESS ESMT D.B. 479, PG. 153 �L6 L5 L4 L .... ........ O DATE REVISION 1051071 ATTORNEY COMMENTS Founded in 1971 Eno veers Surveyors TM. 76-A-133 MATTHEW P. JR. & JOHN A. KIBLER D.B. 891, PG. 447 ZONE: RA USE.- AGRICULTURAL LOT 2 315J 24 £X. 1INGREEGRESTE D.B. 4 L2 FENCE UNE --7LOT O 25 GREENWAY ENGINEERING, mc. 151 Windy Hill Lane Winchester, Vrginia 22602 Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com LOT 1 \ DUNDRIDGE FARM SUBDIVISION D.B. 475, PG. 448 ZONE. RA USE. RESIDENTIAL z� \ m C m 315J 24 £X. 1INGREEGRESTE D.B. 4 L2 FENCE UNE --7LOT O 25 GREENWAY ENGINEERING, mc. 151 Windy Hill Lane Winchester, Vrginia 22602 Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com 1& -A -r spm N4ttt A 32M M UI6 ASK DDI"AI fM /1W AG eautrwt R1w� LLc~tiff . 1t� ^ ZONED. R4 ueb A011L•; , -., tt. NW AC: 1t fIk t f}►i�t /Wind. NOOYM A WLWLLI i MOD, R4 BITE. Ir I ND po"IN a MO1tD I LI Ar- 016-A49" G ol6-A-1EM 1 t �' sl { 5ro•-�/1yJ IFfji�r ;r v� �y{p�,} I ` �" £ i € �f � L7� M UlR.� 251 AG fIk t f}►i�t /Wind. NOOYM A WLWLLI i MOD, R4 BITE. Ir I ND po"IN a MO1tD I LI Ar- 016-A49" G ol6-A-1EM ZONED. RAM Use. ! Dew re 2" L7� M UlR.� 251 AG 4b AG OX-A41M O 67KYWt JON K At 'K -A -DD ZONM M UEb ! lT36l. DA! L At NIT. Na 000"M4 amimh RA M Ir WAG DD"Fom Ol/-A-11e6 IM AG ffN p"mcAND 0 _ ZONMN P" U!b f aILe.IG47ND1Es 1"Yt RITTLI WE NOL MI/LLOEAp ZONED. R4 UIt. ! ■M AG DD b b Iw 4 W/ AG 7 W4ft AAD WCN. R7BlR O W WAW" A V -A -DA 401®. 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SMITH 0ct� 1; No.022837 b,/ a � l` � �• .r� ! ^•�:-__ } ."< t s -.+t I 1' ,r .�'� 't f� .� 0 C) % 4- EXOTWIENTRMCZ— I,— TO ME IREMOVW cn IL 77 to 41 Ld49 . �! \ ♦ tt 1, '� Fes`°,.. T k `�' :'�pCti�...""` _.„..,-.. -,�� .�°^y e' �• / f = < z _j LLJ O. —j (n 'OF -Y- /14 P5o 0 fr L Li WC) Z dw A A -108 5MITH, RONNIE C. AN Lb IDE50RAH EfRIN t7 1101S /—I? - 0 CL < V) de *4b DATE MAY 1. 2007 SCALE I" - 50' DXSIGNED BY., SHW FUZ NO. 4751C SHOT 2 OF 2 REZONING APPLICATION #09-07 CLEARBROOK PROPERTY Staff Report for the Planning Commission Prepared: August 30, 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. Action Pending Pending PROPOSAL: To rezone 14.53 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the west side of Route 11, approximately 2,200 feet north of Hopewell Rod (Interstate Exit 321) and south of Cedar Hill Road, Route 671, MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-125 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: Reviewed Planning Commission: 09/19/07 Board of Supervisors: 10/10/07 Action Pending Pending PROPOSAL: To rezone 14.53 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the west side of Route 11, approximately 2,200 feet north of Hopewell Rod (Interstate Exit 321) and south of Cedar Hill Road, Route 671, MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-125 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: B3 (Industrial Transition) Use: Vacant East: B3 (Industrial Transition) Use: Vacant RA (Rural Areas) Residential West: RA (Rural Areas) Use: Agricultural/Interstate 81 PROPOSED USES: Commercial, Office, and Retail Uses. Rezoning #09-07 — Clearbrook Property August 30, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: Please see attached correspondence from Mr. Lloyd Ingram, VDOT, dated August 22, 2007. Fire Marshall: Plan approval recommended. Clearbrook Fire & Rescue: Based on square footage, the amount of $0.05 to the Clearbrook Vol. Fire Co. we feel is not enough for the service that we will have to provide. Also, the money that goes to the Fred. Co. Fire & Rescue does not help this station for the cost of services. Department of Inspections: No Comment. Department of Public Works: 1. Refer to the Impact Statement, Physical Impacts, on Page 1: The discussion indicates that the site is not located near any 100 -year flood plains. However, a review of available topographic surveys and the wetlands study performed by Triad Engineering, Inc. indicates that Thomas Run flows through the site. It will be necessary to evaluate the 100 -year storm associated with Thomas Run to determine the impact on the proposed site. The discussion of physical impacts should be expanded to include a description of the soils and underlying geology. It should be noted that the site is underlain by karst limestone which could be susceptible to the development of sinkholes. The discussion of physical impacts should also include a reference to the wetlands study performed by Triad Engineering, Inc. It should be noted that this study does not address the wetlands potential on the northern half of this site. Therefore, an amendment to this report will be required with the master development plan submittal. 2. Refer to the Water Supply paragraph on Page 2: The narrative indicates that this development will "generate" 1,000 gallons per day per acre. This misuse of words should be corrected. 3. Refer to the Drainage paragraph on Page 2: The discussion indicates that this site drains from I-81 to the site. This statement is not entirely correct. A portion of the site drains to the north towards Cedar Hill Road. A detailed stormwater evaluation will be required to insure that this site does not adversely impact any off-site properties. This evaluation may lead to off-site drainage improvements including, but not limited to, upgrading the culvert located under Route 11. The site developer will be responsible for funding these improvements. 4. Refer to Solid Waste Disposal on Page 2: Provide an estimate of solid waste generated by the proposed development. This estimate should be presented as tons per year. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: We have capacity and will be able to provide sewer and water service to this site. Department of Parks & Recreation: No comment. Health Department: The Health Dept. has no objection as long as adequate central water and sewage systems are to accommodate the proposed development and use of the property. Applications for Rezoning #09-07 — Clearbrook Property August 30, 2007 Page 3 permits and plans are required for any proposed restaurant or hotel/motel. Winchester Regional Airport: We have reviewed the proposed rezoning application. Allowed uses under this rezoning should not impact airside operations at the Winchester Regional Airport therefore we have no further comment regarding this rezoning request. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey Report there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Attorney Comments: 1. I would suggest, for uniformity and easy -reference purposes, that the details of the zoning, owners, property, etc. be summarized at the beginning as set forth on the attached format. This format has been used in all recent proffer statements. 2. The first sentence under "Preliminary Matters" ends with a period after the word "District". That is not the end of a sentence, and a comma should go after the word "District" with the sentence continuing with the word "development". 3. The proffer request involves a single parcel of 14.53 acres, a portion of which is sought to be rezoned B2, and a portion which is sought to be rezoned B3. However, the Proffer Statement does not include a Generalized Development Plan, and there was no other information submitted with the materials which I had to indicate where the boundary line is to be drawn between the proposed B2 and B3 zoning districts. 4. In Proffer 1(a)(i), I would recommend that the words "provided by" be changed to words "limited to". 5. In Proffer 1(b)(i), further clarification should be given with respect to the "12' lane", as to whether it is a travel lane, turn lane, etc., and to set forth that it will be constructed to VDOT standards. 6. In Proffer 1(c)(i), the word "designate" is vague or inappropriate. This should be clarified. I would recommend consideration to replacing the word "designate" with the words "design and construct". In addition, the proffer should provide that the inter -parcel connection be designed and constructed prior to the first occupancy permit issued for the property. 7. In the last sentence of Proffer I (d)(ii), it should be stated that the proffer of an additional $2,500 is to the County. Also, it is not clear what the word "prorated" means with respect to this $2,500 lump sum proffer. Also, the timing of when this proffer amount will be paid should be set forth. 8. In Proffer I (e)(i), I would recommend that the last sentence be reworded to state as follows: "This will be started when requested by Frederick County, and, in any event, will be completed before the approval of the first site plan on the property." 9. 1 would recommend that Proffer 1(f)(i) be reworded to state as follows: "The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet in width along the frontage of the site on Route I 1 prior to the approval of the first site plan on the property." 10. In Proffer I (f)(ii), I would recommend that the words "to dedicate" be inserted after the work "proffers" in the first sentence. In addition, this proffer should set forth the time by which the easement will be dedicated. 11. In Proffer 2(a), I would recommend that the words "for Fire and Rescue purposes" be inserted in Rezoning #09-07 — Clearbrook Property August 30, 2007 Page 4 place of the words "to be disbursed to the Frederick County Fire and Rescue Department". 12. In Proffer 4(a), the limitation of not more than 12 fuel pumps "per business" is not clear. I assume this is meant to limit the number of fuel pumps per service station, and not to permit a service station to have the number of fuel pumps equal to 12 times the number of businesses on the property. In any event, it would appear that this portion of the proffer is covered by Proffer 6. 13. The staff should review Proffer 4 to determine whether all uses which should be prohibited on the site are listed in this proffer. 14. In Proffer 6(a), I would recommend adding the words "on the property" be added after the word "business". 15. The Proffer is prepared to be signed by "MV Winchester, LLC" (which I assume is the developer). However, the current owner of the property is "Mohebatullah Vahidi", and the Proffer Statement should be signed by him as the owner of the property. Planning Department: Please see letter dated April 5, 2007, signed by Susan K. Eddy, Senior Planner. Transportation Planner: Please see letter dated April 6, 2007, signed by John A. Bishop, Transportation Planner. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural 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 property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I -]J Land Use The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The plan states that "Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor". The B2 zoning request is consistent with this plan. Rezoning #09-07 — Clearbrook Property August 30, 2007 Page 5 Transportation Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does not provide that Level of Service. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. Site Access and desiLn. The Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. Pedestrian accommodations should be addressed with this project, in particular, along the projects frontage with Route 11. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplain or woodlands. This area is also known for karst topography. The Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design. 4) Potential Impacts Proposed Uses: The application's proffer statement limits the amount of commercial development to 190,000 square feet of building floor area and further limits the development of gasoline service stations to only one with no more than twelve pumps. A. Transportation Traffic Impact Analysis. The TIA for this project evaluated the development of 30,000 square feet of office, 150,000 square feet of retail, 10,000 square feet of restaurant and a 12 pump gas station with convenience mart with site access being provided by a single site driveway along the west side of Route 11. The trip generation figures projected for this project, 12,592 average daily trips, appears reasonable given that the applicant has proffered a maximum floor space of 190,000 square feet, has proffered out truck stops, and limited the number of gas pumps to 12. It is comparable to 190,000 square feet of retail use, the scenario required to be modeled in the rezoning application. Rezoning #09-07 — Clearbrook Property August 30, 2007 Page 6 The TIA indicates that a Level of Service C conditions will be maintained at the intersection of Route 11 /Hopewell RoadBrucetown Road with the suggested improvements in place. The TIA- suggested improvements at this intersection include: signalization, an eastbound left- turn lane, an eastbound right -turn lane, a westbound left -turn lane, and a southbound right -turn lane. With regards to the intersection of Route 11/Rest Church Road, an unsatisfactory level of service D will be maintained with the suggested improvements in place. None of the above improvements identified in the TIA as being needed to achieve either a Level of Service C or D have been addressed by this application or provided for in the proffer statement. Transportation Program. The Applicant's transportation program is limited to providing for right-of-way dedication along Route 11, the construction of a 12' travel lane across the frontage of the site along Route 11 and a right turn lane into the site, limiting site access to one commercial entrance from Route 11, and the designation of inter parcel connection to the south and north. The Applicant has designated an area for an easement along the front of the property in which a bicycle trial may be located. However, the construction of the trail is not provided for along the frontage of this property. The application addresses the intersection of Route 11 and Hopewell Road, Route 672, by proffering to enter into a signalization agreement at this location and participating in a prorated share of the cost of this signalization. A monetary contribution in the amount of $2,500 is provided to further assist in right-of-way acquisition for future turn lanes at this intersection. Creatively, the Applicant has included a commitment to provide to the County a transportation study of the Route 11 corridor from Hopewell Road to the West Virginia State Line. Unfortunately, this will be started when the traffic volume generated by the subject site reaches 1,500 vehicle trips per day and may be of little value to the corridor by the time such a trigger has been reached. In general, the Applicant's transportation program falls short of addressing the transportation impacts generated by this request, as identified in the Applicant's TIA. C. Design Standards The Northeast Land Use Plan recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on the north side by RA (Rural Areas) zoned property which is used residentially. While it is possible that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed. To that end, the Applicant has provided screening above what would be required by Ordinance adjacent to these properties. The project's location on a major corridor warrants particular attention. This has not been fully provided for in the application and could be achieved through a combination of proffered commitments that may include a proffer to provide an adequate corridor enhancement buffer above the provision of a split rail fence. The application has provided for additional landscape screening along Interstate 81. Rezoning #09-07 — Clearbrook Property August 30, 2007 Page 7 D. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $0.10 per building square foot for Fire and Rescue Services. 5) Proffer Statement — A) Generalized Development Plan The Applicant has not proffered a Generalized Development Plan B) Land Use The application's proffer statement limits the amount of commercial development to190,000 square feet of building floor area and further limits the development of gasoline service stations to one with no more than twelve or fewer pumps. The Applicant has prohibited Truck Stops and Mobile Home Dealers from existing on the property. The Applicant has limited the signage along Route I I to one monument style sign. No other signage restrictions are offered. The Applicant has provided additional landscape screening, above that required by ordinance, adjacent to the neighboring residential properties. In addition, the Applicant has proffered a 10' wide landscape screen as defined in the zoning ordinance along the properties frontage along Interstate $1. The Applicant has proffered a split rail fence along Route 11 and has prohibited parking or outdoor storage within 50' of Route 11. C) Transportation The proffer statement provides for right-of-way dedication along Route 11, the construction of a 12' travel lane across the frontage of the site along Route 11 and a right turn lane into the site, limiting site access to one commercial entrance from Route 11, and the designation of inter parcel connection to the south and north. The Applicant has designated an area for an easement along the front of the property in which a bicycle trial may be located. The application addresses the intersection of Route 11 and Hopewell Road, Route 672, by proffering to enter into a signalization agreement at this location and participating in a prorated share of the cost of this signalization. A monetary contribution in the amount of $2,500 is provided to further assist in right-of-way acquisition for future turn lanes at this intersection. The Applicant has also included a commitment to provide to the County a transportation study of the Route 11 corridor from Hopewell Road to the West Virginia State Line. D) Community Facilities This application proffers a monetary contribution in an amount of $0.10 per building square foot for Fire and Rescue Services. Rezoning #09-07 — Clearbrook Property August 30, 2007 Page 8 STAFF CONCLUSIONS FOR 09/1.9/07 PLANNING COMIRM ISSION MEETING: The land use proposed in this rezoning is consistent with the Northeast Land Use Plan. However, the impacts associated with this rezoning request have not been mitigated by the Applicant, in particular, transportation improvements have not been provided that would achieve an acceptable level of service (Level of Service C or better). Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. From: "Ingram, Lloyd"<Lloyd.ingram@VDOT.Virginia.gov> To: <germaneng@comcast_net> CC: "Eric Lawrence" <elawrenc@co.frederick.va.us>, "Copp, Jerry" <Jerry.Copp@VDOT.Virginia.gov>, "Ingram, Lloyd" <Uoyd.ingram@VDOT.Virginia.gov> Subject: Clearbrook Property Rezoning - Route 11, Frederick County Date: Wednesday, August 22, 2007 9:36:49 AM The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. 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 Clearbrook Property Rezoning Application dated March 15, 2007. VDOT offers the following comments: This rezoning is one of several that has been reviewed by this Residency in the Route 11/Clearbrook area. The key intersection of Routes 11 and 672, continues to fall below a Level of Service "C". While it is realized that this one rezoning cannot mitigate the entire needs, the applicant has provided several proffers in an attempt to lessen impacts created by this rezoning. The value of the offsite proffered improvements is extremely difficult to determine as presented in these proffers. With the potential generation of approximately 12,500 trips per day, the proffers do not appear to adequately address either conclusion found in the TIA, Page 13 of August 28, 2006 submittal. The Residency is confident the value of the offsite improvements is not sufficient to mitigate the traffic generated by this proposed rezoning. The Residency is not satisfied with the proffers offered in this rezoning. 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. Trio 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. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinbur& Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 http://mailcenter3.comcast.netlwmc/v/wml46CC3FAD0005507D00004C I C22165579960... 8/22/2007 April 5, 2007 Mr. Claus Bader, P.E. German Engineering, PLC 102 Whipp Drive Winchester, VA 22602 RE: Proposed Rezoning of Clearbrook Property Dear Claus: C'OI;TN T Y of FREDERICK Depag ty-nent of -lag wing and Development 5401665-5651 FAX: 540/665-6395 I have had the opportunity to review the draft rezoning application for the Clearbrook Property. This application seeks to rezone land from the RA (Rural Areas) District to the B2 (Business General) and B3 (Industrial Transition) Districts. Staff's review comments are listed below for your consideration. 1. Requested Zoning. It is unclear to staff why the applicant is requesting B2 and 133 zoning. The uses proposed (office, retail, restaurant, hotel and gas station) are all allowed in the 132 District, but the hotel and some retail uses are not allowed in the 133 District. If the applicant continues to seek a split zoning, a plan with metes and bounds for each district will be needed. Staff has no idea at present which portion of the site is planned for 132 and which is planned for 133. 2. Northeast Land Use Plan. The site is within the limits of the Northeast Land Use Plan, a component of the Comprehensive Policy Plan. The plan designates the site for business use. The plan states that "Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor". The proposed 132B3 uses are generally consistent with the Northeast Land Use Plan. 3. Northeast Land Use Plan. The Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on the north and east by RA (Rural Areas) zoned properties, which are in residential use. Screening along these properties has been addressed. Consideration should also be given to screening along Interstate 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 Page 2 Mr. Claus Bader, P.E. RE: Proposed Rezoning of Clearbrook Property April 5, 2007 81. Future inter -parcel connections also need to be considered. An inter -parcel connector was proffered with the Clearbrook Business Center property to the south, and the applicant should work with that property owner to coordinate the location of that connection. The applicant should also consider at least one inter -parcel connection to the north as this area is also planned for business use and the County would not want to see any commercial entrances close to the intersection of Route 11 and Cedar Hill Road. 4. Northeast Land Use Plan. The plan calls for Level of Service Category C or better for proposed industrial and commercial development. This application does not provide that Level of Service. See TIA comments below. 5. Eastern Road Plan. The Eastern Road Plan, a component of the Comprehensive Policy Plan, calls for Martinsburg Pike (Route 11) to be upgraded to a four lane, divided median section. The proffers provide ten additional feet of right-of-way along Route 11, construction of a 12 foot travel lane, and a 20 foot easement along the frontage of Route 11. This aspect of the application conforms to the Eastern Road Plan. S. Bicycle Plan. The Frederick County Bicycle Plan identifies Martinsburg Pike as a short-term designation. Address the provision of a bike trail on the frontage of this site. 7. Comprehensive Policy Plan. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. While some design features have been proffered, the applicant should seriously consider limiting the size and number of signs. 8. Impact Analysis. The application must address all environmental features, including soil and bedrock conditions. The site contains a significant amount of soil type 32B (Oaklet silt loam, two to seven percent slope) which is classified as prime agricultural soil in Frederick County. 9. Traffic Impact Analysis (TIA). The TIA background information does not include the already approved Clearbrook Business Center and the Woodside Commercial Center. The TIA background information does not include accurate data for Rutherford Crossing, formerly known as the Rutherford Farm Industrial Park. Include data from the most recent Rutherford Crossing TIA, dated September 7, 2006. Page 3 Mr. Claus Bader, P.E. RE: Proposed Rezoning of CIearbrook Property April 5, 2007 10. Traffic Impact Analysis. The TIA proposed development trip generation was based on 30,000 square feet of office, 150,000 square feet of retail, 10,000 square feet of restaurant and a gas station with 12 gas pumps. Given that the applicant has proffered a maximum floorspace of 190,000 square feet and also given that the applicant has proffered out truck stops and limited the number of gas pumps to 12, the projected 12,592 average daily trips appears reasonable. It is comparable to 190,000 square feet of retail use, the scenario required to be modeled in the rezoning application. 11. Traffic impact Analysis. As stated previously, the Northeast Land Use Plan calls for Level of Service C or better. The application does not provide Level of Service C_ The TIA-suggested improvements at the intersection of Route 11 /Hopewell Road/Brucetown Road include: signalization, an eastbound left - turn lane, an eastbound right -turn lane, a westbound left -turn lane, and a southbound right -turn lane. This application does not address any of the improvements needed at this intersection. The TIA-suggested improvements at the intersection of Route II/Rest Church Road include: a westbound leg, signalization, one eastbound thru-lane and one eastbound left -turn lane, one northbound right -turn lane, an additional northbound left -turn lane and one southbound left -turn lane. Most of these improvements were proffered with the Sempeles Property rezoning and many are already in place. The additional northbound left -turn lane has not been proffered by anyone. 12. Proffer Statement lai. It appears this proffer is trying to limit the number of entrances on Martinsburg Pike. It is recommended that the word "limit" be used. It would be beneficial for the County and VDOT to agree on the location for this entrance. 13. Proffer Statement 1bi. Given the projected traffic from this development, a right -tum lane into this site would be beneficial in addition to the proffered through lane along Route 11. 14. Proffer Statement lci. As noted in comment #3 above, consider an inter - parcel connection to the north and coordinate the inter -parcel connection to the south with the adjoining property owner. 15. Proffer Statement ldi. The County has not sought a traffic signal at the entrance to this proposed development. In the future, the County may need a signal at the intersection of Cedar Hill Road/Woodside Road and Route 11. A signal at the entrance to this development would be too close to that intersection. The proffered monetary contribution to install the traffic signal at Page 4 Mr. Claus Bader, P.E. RE: Proposed Rezoning of Clearbrook Property April 5, 2007 the site entrance would be better spent addressing other road improvements needed in the area. 16. Proffer Statement ldiL In light of the many improvements that have recently been put in place at the intersection of Route 11 and Rest Church Road, it is very unclear what improvements are being proffered with this rezoning. Please provide greater detail. This proffer also needs a timing element, such as before the first building permit. Consider a proffer that addresses the needed improvements at the intersection. of Route 11 and Hopewell Read/Rrucetov:r. Road. 17. Proffer Statement le. 'In light of the many improvements that have recently been put in place at the intersection of Route 11 and Rest Church Road, including new signalization, it is very unclear what is being offered with this proffer. Provide greater detail. 18. Proffer Statement. It is clear that the applicant is trying to proffer road improvements commensurate with the development proposed. Some of the proposed improvements are already being provided by others. The applicant will need to work with County staff and VDOT to better establish appropriate improvements that can be addressed with this application. 19. Adjoiners. Add details of property 33-A-126 to the list of adjoining properties. 20. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, Clearbrook Fire and Rescue Company, the Frederick -Winchester Service Authority and the Frederick County Attorney. 21. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of January 27, 2005. Fees may change. Page 5 Mr. Claus Bader, P.E. RE: Proposed Rezoning of Clearbrook Property April 5, 2007 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, S�4�� T. (N� Susan K. Eddy, AICP Senior Planner SKE/bad cc: MV Winchester, LLC, c/o Mo Vahidi, American Medical Equipment & Services, 794 Center Street, Herndon, VA 20171 CSI NTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 April 6, 2007 Claus Bader, P.E. German Engineering, PLC 102 Whipp Drive Winchester, VA 22602 RK: County Transportation Planner Comment on the Preliminary Rezoning Application for the Clearbrook Property Dear Mr. Bader: As the Transportation Planner for Frederick County, VA in which the proposed rezoning is located, I have reviewed the Trak Impact Analysis and Rezoning Application for the Clearbrook Property. I have the following comments and concerns to point out: Traffic Impact Analysis 1. The T1A does not include a signed copy of the VDOT scoping sheet. This document aids the _ County in review of the TIA by detailing what is agreed upon at that scoping session. 2. Staff experience with VDOT has been that Synchro has been required for TIAs in this region. Is there a particular reason that HCS+ was used for this particular TIA? 3. Due to the proximity of this development and the square footage, it seems appropriate to study the intersection of Route 11 and Route 671 which is just 650 feet from the proposed site driveway. 4. Table 1 on page 5, detailing background traffic, shows grossly incorrect traffic generation from the Rutherford's Farm development. This background needs to be updated to the current approved use based upon the updated Rutherford TIA. In addition, the rezoning of parcels 33 -A -124A (Woodside Commercial Center) and 33 -A -123/33 -A -122A (Clearbrook Business Center) has not been included in the background traffic. 5. On page 10 of the TIA which depicts the development -generated trip assignments, 755 trips are shown taking the northbound off -ramp from I-81 to Route 669 (Rest Church Road) and the same 755 trips taking the return trip southbound. I find it unlikely that northbound I-81 trips are going to bypass the interchange at I-81 and Route 672 (Hopewell Road) to take the I-81 /Rest Church exit and head south on Route I 1 to this proposed development. These 755 trips need to be allocated to the 1-81/Hopewell Road interchange. 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 Claus Bader RE: County Transportation Planner Comment on the Preliminary Rezoning Application for the Clearbrook Property April 6, 2007 Page 2 6. The `new intersection' box and the suggested improvements boxes on page 12 do not meet level of service "C" as required in the Comprehensive Plan's discussion of traffic analysis. In addition, there is no indication of the source of the improvements shown in the `New Intersection' box. More specifically, a second northbound left turn lane on Route 1 I to Rest Church Road is shown, but there are currently no existing agreements to implement this turn lane. 7. In the HCS+ detail reports included in the appendix, a Peak Hour Factor of .88 is used for all analysis except the site driveway where .90 is used. I find it unlikely that traffic will be proceeding more expediently to and from the site driveway than the surrounding road system. Please correct this discrepancy. In summary, the traffic impact analysis, in its current state, makes an accurate determination of impacts and needs in this area very difficult and as such does not meet the requirements outlined in the transportation section of the comprehensive plan for impact analysis. Rezoning Application/Proffers 1. Regarding Proffer 1 -a -i, the proffer states that access will be provided by one commercial entrance and that the final location of said entrance will be subject to VDOT review and approval. Better language might be limited to one commercial entrance with that location subject to VDOT and County review and approval. In addition, any entrance implemented ideally would align with the entrance to parcel 33 -A -124A, which was recently rezoned as Woodside Commercial Center. 2. Regarding Proffer 1 -b -i, the proffer states that the applicant will construct a 12 foot lane along the frontage of the site on Route 1 I and that the improvement will be built prior to receiving any occupancy permits. One lane implements the Eastern Road Plan desire for two southbound through -lanes in this area, but does not address the right turn lane that will be desired for this site as that Road Plan is implemented. In addition, please consider the planned ten foot bike path for the west side of Route 11. 3. Regarding Proffer 1-c-1. the proffer states that the applicant will designate one inter - parcel connection along the southern boundary. This does not meet County requirements. Inter -parcel connection to the north should be considered. In addition, the southern inter -parcel connection will ideally be coordinated with the recently rezoned Clearbrook Business Center. 4. Regarding Proffer 1 -d -i, the proffer states that the applicant will install a traffic signal at the entrance to the development. If there is to be a future signal on this section of Route 11 the proper location will be at the intersection of Route 11 and Route 671. The entrance to the proposed development is too close to this potential future signal. Claus Bader RE- County Transportation Planner Comment on the Preliminary Rezoning Application for the Clearbrook Property Aphl 6, 2007 Page 3 5. Regarding proffer 1 -d -ii, without the applicant summarizing other proffers to this intersection, it is difficult to determine what this proffer actually adds to the intersection of Rest Church and Route 11. Please clarify. 6. Regarding proffer 1 -e -i, the proffer states that to address off-site impacts of the development, the applicant will provide engineering and design to the intersection of Route I 1 and Rest Church Road. While I strongly agree that there is a significant need to address the impacts of this development on the surrounding transportation network beyond the development frontage, this proffer may not be the appropriate way to address the wider impacts of the proposed development in terms of the Route 11 corridor, this and other significantly impacted intersections. In addition, once again it is unclear what is already proffered at this particular intersection. In summary, it appears that the transportation proffers shown here are just less than those of the rezoning of parcel 33 -A -124A (Woodside Commercial Center). The problem with that is that Woodside Commercial Center has an approved proposal that will generate less than half of the vehicle trips of this development. The submitted proffers fail to mitigate impacts projected by the TIA and that is with a TIA that fails to properly model background traffic, or the flow of traffic created by this proposed development. Should you have any questions or wish to discuss this review further, please contact the case planner, Mrs. Susan Eddy, and we can arrange a meeting which I will be happy to attend. Sincerely, John A. Bishop, AICP Transportation Planner cc: MV Winchester, LLC Lloyd Ingram, VDOT Jerry Copp, VDOT 33 A 86 MORR,SON, cog MARK A V1 1� g6P P goicE,KPYs V Y`y Q t4.., � n i Q� 33 F 112 FAIRFIELD FARM OF FREDERICK CO,LLC / Cedat Nll�� 33 A 113 BLAIN, BRADLEY K CEDAR HILL f,$TATES 33 A 124 BLAIN, BRADLEY K 33 A •ppm/p C o cog J V1 1� BrUCCLOW"""' 0, .EL a= 5� 5h 33 A 114C � o 4 t+ R O A HMC, LP, LLP 4v �Q P Q BARTI9 �• --vPEHpOpR CHURCH 1HC E RRooK BUSINE55`C R 33 FREDERICA 162BTY OF O010p�s`C f a a o CLEARS OK PARK a 33 A 1148 a 0 � HMC, LP, LLP 64 A so yyAVERLY FARM a CO V " ru 7601 of CO F '9 .y1 c F 33 A •ppm/p C o cog J q BrUCCLOW"""' 0, .EL a= 5� 5h d� w 3 BrUCCLOW"""' 0, .EL a= 0.144 � o 4 t+ R O A 4v �Q P Q V -ti �• �,y �trly „� R 33 FREDERICA 162BTY OF O010p�s`C f a a o CLEARS OK PARK a a 0 � 64 A so yyAVERLY FARM a CO 7601 of CO F '9 c 34 A 11A n f O -N MINERALS (CHEMSTONE) COMPANYf ^ v n v OQQ 4 O' ,�A QJT O� 0Q�epO c� w 3 ; BrUCCLOW"""' 0, .EL 0.144 c 4v Ns\GOgP tP1E�5S0 33 FREDERICA 162BTY OF O010p�s`C o CLEARS OK PARK � 64 A so yyAVERLY FARM a Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\C 072507.n I Location in the County Map Features 0 Hamlets 'M Future Rt37 Bypass 1p,) Application Streets Primary Secondary Tertiary Winchester Rds �► Urban Development Area SWSA ReZoning REZ # 09 - 07 Application Clearbrook Property Parcel ID: 33-A-125 Brucetowr 0 P.U3p(1 E;�?n 0 G Case Planner: Candice 5/2007 -- 1 -3a -1A PAA Map Document: (WPlannino And Dpvpinnmpnt\ 1 1 —f— nn Zonia Map Frederick County, VA ReZoning REZ,#09-07 Application Clearbrook Property Parcel ID: 33-A-125 Location in the County Map Features O Hamlets Zoning 4%• Future Rt37 Bypass I Bi (Business, Neighborhood District) 4& Application B2 (Business, General District) Streets O B3 (Business, Industrial Transition District) Primary ci:� EM (Extractive Manufacturing District) '�. Secondary HE (Higher Education District) '�- Tertiary M1 (Industrial, Light District) Winchester Rds M2 (Industrial, General District) �• Urban Development Area MH1(M cbile Home Community District) a MS (Medical Support District) R4 (Residential, Planned Community District) 'T R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) SWSA r' t; n `am o J 0 Ct al`a C @rucetowl o� Location in Surrounding Area SCK cpG v 1503np rpt 0 Y Case Planner: Candice c,wr.nrxul IIzU/4UU/ -- 1:34:14 VM REZ #0 - 07 '• a a 1/ `• mg ash '�r�g��` °��5�•.�'r' // '••e°'�'••'°`° �r��`�.,•3��.� .•. •tea-,�•�' / ` 4' rr?F ` � k,�• �+y'• • ,n Map Document: (N:\Planninn And t)PX,.I m fi d I -- • nn ,r r___�___. 1 1%-1AV11V11 `,VU11Ly, V 1A ReZoning REZ # 09 - 07 Application Clearbrook Property Parcel 1D: 33-A-125 Location in the, county Map Features O Hamlets Long Range Land Use "M Future Rt37 Bypass Rural Community Center Application Residential streets Business Primary <Zo Industrial '�. Secondary <29� Institutional '�- Tertiary Recreation Winchester Rds `. Historic Z• Urban Development Area ,&o Mixed -Use SWSA ® Planned Unit Development x D r.r m` !V �t Voo� F Ci oflae O Pruceioe:r 0 ,CK CpG J ILU3r,U FU �F ®�eet r rr, Case Planner: Candice — — ,..V• 'Y_� 1_UI4UUIJIIAU) n[OtLUUI --'134:'14 PM Aug 22 07 03:33p Rezoning, Property: .Record Owner: Applicant: Project Name: Original Date of Proffers' Revised Date Proffers: Magisterial District: Prc;limina y Matter-, P. 1 17Z # 09 - 01 Area: 14,53 acres Tax Parcel 33-(A)-125 MV Winchester, LLC MV Winchester, LLC, C/O Claus Bader, P.F. Clearbrook Propcw-ty Marcia 15, 2007 .lune 14, 2007 August 22, 2007 Stonewall Pursuant to Section 15.2-2296 Lt. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County. Virginia, shall approve Rezoning Application #06-- for rezoning of 14.53 -acres from the RA District to General Business (13-2) District, development of the subject property shall be performed in accordance vrith the terms and conditions set forth herein, except to the extent that Such terms and conditions may he; subsequently amended or revised by the applicant and such -ire approved by the Board of Supervisors in, accordance with the said Code and Zoning Ordinance. in the event that such rezoning is not granted, then these proffers ;shall be deern`d withdmwn and have; no effect whatsoever. These Proffers shall be binding upon this applicant and their legal succx:ssors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to Mohebatullah Vahidi from Akhter Sayef and Gous Ahmcd as recorded in the Frederick County Circuit Court Clerk's Mice as instrument 050012825 dated June 15, 2005. Proffers 1. Trantilxsrtatiott a. Access i. Direct Access to Martinsburg Pike; (US Route 11) shall be lirnited to one commercial entrance to provide ingress and egress to all uses on this site. The final location will be subject to VDO1' review and approval once a site plan is submitted. Aug 22 07 03:34p p.2 b. Tart] latae The applicant hereby pro[Tbrs to construct :d 12' travel lane along the frontage of the site On Route 11 and a right turn lame into the site from Route 11. all road improvements shall be constructed in accordance with VDOT standards. This will be built prior to receiving any occupancy permits. c, Inter -parcel Connections Upon construction of a state approved er►tranec onto Martin:burg Pilcc, Route 11, the applicant hereby proffers to designate one inter -parcel connection to the: property to the south and to the. north. The final location of the inter -parcel connections shall be determined at the Master Development stage.. d. Signalization i. The applicant hereby proffers, to contribute; a prorated share of cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) in recognition ofoff site transportation impacts. The fllnal design and location o:fthe signalization improvemcDts will be determined by the Virginia Department of Transportation (VD0T). This agency will also determine when this improvemeTit will be warranted. The applicant shall enter into a "signalization agymmcne' with VDOT that provides, a one-time contribution towards the cost of the si.gnalization in a prorated amount to be determined by VDOT based upon the projected traffic volume generated by the subject site at the time of site plan submission for development. The applicant also proffm an additional $2,500 to be applied towards right of way acquisition for future turn lanes at the intersection upon the request of tl?e County. c. Contributions for Road Improvements in recognition of off-site "n Tortation impacts to be completed prior to approval of first site plata. I . The applicant hereby proffers to present the County with a transportation study of the Route I I corridor Crom Hopewell Road to the West Virginia state line. This study will incorporate the approved and pending rezonings along the corridor and the County's Comprehensive Plan to determine the potential improvements needed in the corridor. 1'his will be started when the traffic volume generated by the subject site reaches 1,500 vehicles per day. Aug 22 07 03.34p p.3 F. Right of Way Dedication i. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten lbet in width along the frontage of the site on Route l l _ The: dedication will take place as a part of the approval of the first site plan. ii. The applicant hereby proffers to dedicate a 20' drainage, pedestrian, and utility easement along* the frontage of Martinsburg Pike, Route 11, to Frederick County. The easement will contain the bicycle trail as identified on the County plan. The applicant will retain the right to place the proffered split rail fence (see item 7-A.) and a monument sign (see item 7-B) within this easement_ The dedication will take place as a part of the approval of the first site plan. 2. Monetary Contributions — Fire & Rescue a. The applicant hereby voluntarily proll`crs a cash contribution to the Treasurer of Frederick County, Virginia, of $0.10 per building square foot for Fire and Rescue purposes, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The applicant hereby proffers that the combined building floor area on this site shall not to exceed 190,000 square feet_ 4. The applicant hereby voluntarily prohibits the following uses from existing on the subject properties: a. "Truck Stops -Retail" a5 noted in SIC 5541. b. SIC 5271 — "Mobile Home Dealers" 5. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreens trees .f'or a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of development. In addition, the applicant proffers a ten (10) foot wide landscape screen as defined in the: zoning ordinance along the property's frontage on Interstate 81. G. The applicant hereby proffers the following conditions to "Automobile Service Stations-, Retail" as defined in SIC 5541 -"Gasoline Service Stations". a. Only one business on the property will be allowed to have retail fuel pumps. b. The total number orpumps will be limited to twelve or fewer. c_ 1)iescl fuel will be restricted to two pumps, or fewer and must be located with other pumps. Diesel .fuel sales to "over -the -road trucks" will be prohibited. 7_ Corridor Enhancements to be completed by prior to the First occupancy permit. Aug 22 07 03:34p p'4 a. uc ttpp,i;i.�tt wilt co:'stM�rt.r w split rail fence along the road frontage. b. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the parks na►ne and list of tenants. This monument sign will not exceed twelve (12') in height or one hundred (100 sf) square: in arca. The applicant will not install any freestanding signs between the buildings and Route 11 other than this one iTiorrument sign. c. The applicant will not allow any parking spaces or outdoor storage to be constructed within 50' of [route l 1. d. The applicant will require each building; facade along Route i '1 to be constructed of wood, vinyl, glass, masonry, or stucco, However, metal siding will be allowed within the business park and on all sides not (king; Route I L The conditions proffered above shall he binding upon heirs, executors, administrators, assig;ns, and successors in the interest of the applicant and owner. In the event the Frederick County eo-#rd ot`Supervisors grants this rezoning and accepts the conditions, the; proffered Conditions shall. apply to the: land rezoned in addition to other requirements set forth .in the Frederick County Code and Ordinance. Respectfully Submitted: MV Winchester. LLC J, Mohebatullah Vahidi Commonwealth of Virginia, Date; City/County To Wit; The foregoing instrument was acknowledged before me this ZZclay ofL 1c��,e 2007 By My CoinmissiOD Expires \`111111111//// P N cF//'% n MY n '.� COMMISSION p NUMBER 7049375 �'////'ALTH OFI1��.. Ir impact Sitatemen For consideration of Rezoning the lands for the Clearbrook Property Stonewall Magisterial District Frederick County, Virginia March 15, 2007 Revised June 14, 2007 Tax Map Number 33-(A)-125 Total Area: 14.53 acres Owner: MV Winchester, LLC C/O American Medical Equipment & Service 794 Center Street Herndon, VA 20170 Contact: Claus Bader, P.E. German Engineering, PLC 102 Whipp Drive Winchester, VA 22602 (540)664-1971 Clearbrook Property Rezoning Introduction The site is located between Interstate 81 and Martinsburg Pike (US Route 11) about 2,200' north of exit 321 in Clearbrook, VA. The site has one house and several storage buildings on it. The Owner is seeking a change in zoning from RA to B2 to create a neighborhood business park that is consistent with the Frederick County Comprehensive Plan. Existing Conditions The majority of the property is now a hayfield and is improved with a single family dwelling unit and three out buildings. Comprehensive Planning The site is intended to be zoned to business/commercial per the comprehensive plan and public water and sewer is available at the site. The benefit to Frederick County by approving this rezoning will be a positive economic impact and employment opportunities for our citizens. Proposed Development The applicant plans to remove all buildings except for the house on the property. This structure is to be converted to an office use. The site will be graded, landscaped, and a commercial entrance installed that will meet current VDOT regulations. There are no any tenants for the property; therefore, the traffic and fiscal impacts will assume a gas station with food mart not to exceed twelve (12) pumps, a 10,000 sf restaurant, 30,000 sf of office space 150,000 sf of retail and commercial space with associated parking. A portion of the commercial/retail space may be occupied by a 100 room hotel. Physical Impacts The site is not located near any 100 year flood plains. The drainage channel known as Thomas Run will be evaluated as a part if the required site plans for the project. Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Due to the karst geology of the area, a study of the geology may be required prior to construction of any facilities on the property. The wetlands delineated by the study preformed by Triad Engineering will be incorporated into the development plans and identified on the Master Plan as required by Frederick County Code. Surrounding Properties The site is bounded by Route 11 to the east and Interstate 81 to the west. The property to the south has been rezoned from RA to B-3. The parcels to the north are residential and parcels are intended to become commercial as indicated by the Comprehensive Plan. Traffic Impact and Analysis See attached report by Patton Harris Rust Associates. Sewer Conveyance and Treatment The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 7,265 gpd. The applicant will build a sewer pump station to be dedicated to the FCSA. The pump station's holding capacity will be designed so that additional pumps can be installed in the future to accommodate neighboring parcels. Water Supply The FCSA has a 12" water main along Route 11. This development is expected to use 1000 gallons/day/acre for a total of 14,530 gpd. Drainage The site currently drains from Interstate 81 to the east and to the north. This development will adhere to the Frederick County Ordinance and to the guidelines set forth by the Department of Public Works for stormwater management quantity and quality. Solid Waste Disposal The Civil Engineering Reference Manual, 4t' edition uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. Given the size of this project, 1,471 tons of solid waste can be expected to be generated by this site each year. The solid waste will be transferred to the Frederick County Landfill Facility by licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. Police Fire and Rescue Impact I The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.05 per building square directly to the Clearbrook Volunteer Fire Department and also $0.05 per building square to the County for fire and rescue services. Parks & Recreation Impact The only impact to the Parks might some of the businesses signing up for shelters for company picnics. This development is not expected to increase population; therefore, no measurable impacts are predicted. J Qua O_ A p X Z A a != c v Branson ° .� Spring / !I Rood Rt. 67) F °r Hill RoOtl Rt. � 67) O ° 124 A a �ry ryho ° a Cb D� a 123A I 6>> 123 A 9 r24p ° s Rt. 672 e � e n° Rt. 72 pgNo town Roa x shington ring o A VSs C/eorb�ook Q �a o Q CLEARBROOK PROPERTY DESIGN: CSB GERMAN ENGINEERING, PLC VICINITY MAP DRAWN: CSB 102 WHIPP DRIVE TAX MAP 33-A-125 CHECKED: CSB FILE: 1001 -Mo WINCHESTER, VA 22602 STONEWALL DISTRICT DATE. 3/15/07 540-664-19'71 FREDERICK COUNTY, VIRGINIA SCALE: 1 "=1000' A Traffic Impact Analysis of the Clearbrook Property Located in: Frederick County, Virginia Prepared for: MV Winchester, LLC C/O American Medical Equipment and Services 794 Center Street Herndon, VA 20170 Prepared by: Patton Harris Rust & Associates, pc Engineers_ Surveyors. Planners. Landscape Architects. 30D Foxcroft Avenue, Suite 200 Mortinsburg, West Virginio 25401 H" T 304-264.2711 F 304.254.3671 August 28, 2006 OVERVIEW Report Summary Patton Harris I:ust & Associates, pc 1DT-TuD.+A) has prepared this document to present the traffic impacts associated with the proposed Clearbrook Property located along the west side of Route 11 (Martinsburg Pike), north of the intersection of Route 11/Hopewell Road, in Frederick County, Virginia. The proposed project is to be comprised of 30,000 square feet of office, 150,000 square feet of retail, 10,000 square feet of restaurant and 12 pump gas station with convenience mart with access to be provided via a single site -driveway along the west side of Route 11. The project is to be built -out over a single transportation phase by the Year 2010. Figure I is provided to illustrate the location of the proposed Clearbrook Property with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Clearbrook Property were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the study area, • Calculation of trip generation for the proposed Clearbrook Property, • Distribution and assignment of the Clearbrook Property development -generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS+, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 11 (Martinsburg Pike)/Hopewell RoadBrucetown Road, Hopewell Road/ I-81 northbound ramps, Hopewell Road/ I-81 southbound ramps, Route 11/ Rest Church Road (Route 669), Rest Church Road/ 1-81 northbound ramps and Rest Church Road/ I-81 southbound ramps. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.2 % based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT (Average Daily Trips) and AMIPM peak hour traffic volumes at key locations throughout the study area. Figure 3 illustrates the respective existing lane geometry and levels of service. All traffic count data and HCS+ levels of service worksheets are included in the Appendix section of this report. A Trak Impact Analysis of the Clearbrook Property PH R+A Project Number: 14623-1-0 August 28, 2006 Page 1 I No Scale IY . 'eel Combs Rest church } `� Ch d ; r@�''y 4 apA� We dr Rest >,c�z � Suck Linin x 1N� - r odiarrigG i �-% iCedar Hill ? l� SITE, 4 r, f s Hopewell Rd r' $rllCeto'wn..._ P, ,P+A Figure I Vicinity Map s Clearbrook Property in Frederick County, Virginia A Traffic Impact Analysis of Me Clearbrook Property PH J� Project Number: 14623-1-0 August 28, 2006 Page 2 I q b � h X86 No Scale (!3511686®� �,1 7)(85)8) 5 N ` h o O CO � N �1 Rest Church Road (322)137....,.R (54)117,.. i N 79(61 - V� �`235(2j ) (17-3)-163, L SITE _ Site- Dn�e 6� G O (?7)19 , Ho ewe!] Road )! 13285) (81)105 - (169) 4 a / "R Brucetown � Road N h (55)!02 1 ft-JOS136) h ry o (24)29 a ) i N 62(47) c O Brcerown �� 39(46) ROa 54(52 cEn o (5) 4 (53) AM Peak Hour(PM Peak Hour) Pr :P+A Figure 2 Existing Traffic Conditions A Trak Impact Analysis of the Clearbrook Property PH J� Project Number: 14623-1-0 August 28, 2006 e3 Page 3 Figure 3 Existing Lane Geometry and Levels of Service A Traficlmpact Analysis ofthe Clearbrook Property PH J� Project Number: 14623-1-0 August 28, 2006 Page 4 o, fi Signalized 1° Intersectiones O 4 a R Signalized C- LOS—B(B) LOS=B(B) Intersection 0 LOS-B(B) y No Scale (-4)4 O Rest Church Road Q Signalized Intersection LOS--B(B) Mm IMP � 11 SITE _ Site- Unsignalized G O Intersection Ho ewe" Road ~ 47� * Unsignalized Intersection -0 Bntcetown Road �Q 7ntcetop �� ` B x(D)CROad C(�� Q Unsignalized Intersection AM Peak Hour (PM Peak Hour) Denotes Unsignalized Critical Movement lane Denotes two-way left turn Figure 3 Existing Lane Geometry and Levels of Service A Traficlmpact Analysis ofthe Clearbrook Property PH J� Project Number: 14623-1-0 August 28, 2006 Page 4 2010 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2002 and 2004) for Route 11 within the vicinity of the site, a growth rate of 3.5 % was calculated and applied to the existing traffic volumes (shown in Figure 2) to obtain the 2010 base conditions. Additionally, PHR+A included specific future developments located within the vicinity of the proposed site. Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to summarize the 2010 "other developments" trip generation. Figure 4 shows the 2010 background ADT and AMIPM peak hour traffic volumes at key locations throughout the study area network. Figure 5 shows the respective 2010 background lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. Table 1 2010 Background Developments Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT Sempeles Property* 130 Industrial Park 898,425 SF 459 101 559 154 580 734 5,204 820 Retail 73,500 SF 79 51 130 245 266 511 5,559 Total 538 151 689 399 845 1,245 10,763 Rutherford's Farm Industrial Park 130 Industrial Park 500,000 SF 292 64 356 90 337 427 3,228 Total 292 64 356 90 337 427 3,228 Stephenson Village 210 Single -Family Detached 215 units 40 120 160 137 77 214 2,145 220 Apartment 120 units 10 53 63 56 28 84 853 230 Townbouse/Condo 195 units IS 72 87 71 35 107 1,697 251 Elderly Housing - Detach 133 units 17 30 47 55 31 86 531 253 Elderly Housing - Attach 36 units 2 1 3 2 1 4 125 Total 83 276 359 321 172 493 5,351 * Assumed 50% build -out for Year 2010 R+A A Traffic Impact Analysis ofihe Clearbrook PropP Project Number: 14623-1-0 HAugust 28, 2006 Page 5 Figure 4 2010 Background Traffic Conditions A Traffic Impact Analysis of the Clearbrook Property Project Number: 14623-1-0 August 28, 2006 Page 6 No Scale Signalized a Intersection r Res ChRnh Road � Unsignalized C Intersection S�� SITE Site - Drive 7 E \ A Signalized G Intersection / LOS--R(B) � x iC)g� Signalized New Intersection" Intersection EB -I Left L05 C(C7 Fourth Leg LOS--QQ Signalization 11 EB - I Left + l Right 'ell Road CV- / -Jtgnwizen Intersection "Suggested Improvements" LOS--QQ Signalization 11 EB - I Left + l Right 'ell Road 11 U. . C(0 � $rucetow n Road ( )c 9�A)x• Unsignalized ,*� NOTEAssumedlo`second yellow%red- Intersection Q `- _ clearance for the eastbound -and westbound diredton to acctiunt' foiIhe offset'"-- $ncetot� x�E Poad Q * AM Peak Hour (PM Peak Hour) ]] * Denotes Unsignalized Critical Movement Denotes two-way'left turn lane i Figure 5 2010 Background Lane Geometry and Levels of Service A Trak Impact Analysis of the Clearbrook Property P Project Number: 14623-1-0 H'��A August 28, 2006 Page 7 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Tri Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Clearbrook Property. Table 2 Proposed Development: Clearbrook Property Trin Generation Summary Code Laud Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 710 Office 30,000 SF 63 9 72 19 93 112 528 820 Retail 150,000 SF 122 78 200 393 425 818 8,839 932 H -T Restaurant 10,000 SF 60 55 115 67 43 109 1,272 945 Gas Sta w/ Mart 12 pumps 60 60 121 80 80 161 1,953 Total 305 202 507 559 642 1,200 12,592 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon Iocal travel patterns for the roadway network surrounding the proposed Clearbrook Property site. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments. 2010 BUILD -OUT CONDITIONS The Clearbrook Property assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure S shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 9 shows the respective 2010 build -out lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. PH A Trak Impact Analysis of the Clearbrook Property Project Number: 14623-1-0 August 28, 2006 Page 8 A Trak Impact Analysis oftheClearbrook Property Project Number: 14623-1-0 PH August 28, 2006 9 Page 9 A Traffic Impact Analysis of the Clearbrook Property PH J� Project Number: 14623-1-0 August 28, 2006 Page 10 ' E4 a n O N [h 7(28,7 No Scale (295)�2 5 (344 (155)18 7%,0* 1(344) r� N G N O O fn "0 6(34) i 8(269 Rest char (4j j157� 6(34) ) a ch Road (360 71)34g 0� o � a � 0 11 %..lg7,(475 (I� 8� ��► �a3 8(s-, (502 �~ 4 �1 (398)I25 q, SITE (244)77 i b N Site- ^ N Drive 0� 11 O 113 Z (!4 ) p8 (134)]58- (37 Ho ewell Road - �4 t - Ostti. b1`��b4il Q ryn E ITO o Brucetown ]load (63)!1 7 777 0 S !S a 6) v a a (28)331~ P (Z6j) 71 (54) B'�'�eto iii 45 53 cm (21S)j Road ~`6260 Ln 0 (12)97 7 N ry ry b I1 `� AM Peak Hour(PM Peak Hour) PT TR+/n Figure 8 2010 Build -out Traffic Conditions PH A Trac Impact Analysis oo the Clearbrook ProprProject Number: 14623-I-0 August 28, 2001 Page 11 E R Signalized F� �m Signalized G Intersection 1 O k Intersection LOS--B(B) �O LOS--B(B) No Scale o Res h ~�� Chorc Road Figure 9 2010 Build -out Lane Geometry and Levels of Service A Trak Impact Analysis of the Clearbrook Property PH J� Project Number: 14623-1-0 August 28, 2006 Page 12 Signalized I "New Intersection" Intersection EB, NB- 1 Left LOS—C(D). WB - 4th Leg Signalized Site- 0/Intersection bnVe i LOS--B(B) (C)B N4 11 SITE r Site - 6 Unsignalized DnVe pIntersection (A)q� 4 t� Signalised "Suggested O Intersection Improvements" LOS=C(e). Signalization 11 EB - 1 Left + 1 Right WB - 1 Left Hopewell Road SB 1 Right v �. CCAS F Brucetown Road q O (C)C ..� ; •� Unsignalized Intersection n - 4�9)� � NOTE: Assumed 10 secondyeu.,w/red, clearance for the eastbound and `�° westb6und diiectron to accouni- the offset- - Unsignalized 11117777 lntersectionBruceto � *R'iFRoa 4� AM Peak Hour (PM Peak Hour) II * q* Denotes Unsignalized Critical Movement n /� RTP+ / \ 11 Denotes two-way left turn lane Figure 9 2010 Build -out Lane Geometry and Levels of Service A Trak Impact Analysis of the Clearbrook Property PH J� Project Number: 14623-1-0 August 28, 2006 Page 12 CONCLUSION The traffic impacts associated with the proposed Clearbrook Property are acceptable and manageable. Assuming suggested improvements, all intersections except the intersection of Route 11/Rest Church Road, will maintain overall levels of service "C" or better during 2010 build -out conditions. The intersection of Route 11/Rest Church Road will maintain levels of service "D". The following describes the suggested roadway improvements for each of the study area intersections as shown in Figure 9 during 2010 build -out conditions. • Route 11 / Hopewell RoadBrucetown Road: Traffic signalization along with separate eastbound left and right turn lanes, westbound left turn lane and southbound right turn lane will be required to maintain acceptable levels of service. • Route 11 / Rest Church Road: Westbound leg along with additional eastbound and northbound left turn lane will be required to maintain acceptable levels of service. PH ��A Traffic ImpactAnalvsis oftlie ClearbrookPropertyProject Number: 14623-1-0 August 28, 2006 Page 13 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGMA be completed by Planning Staff: Ling Amendment Number Hearing Date 6? Fee Amount Paid $ 11-5-0�3 a3 Date Received T 41 'o BOS Hearing Date (a o 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: MV Winchester, LLC Telephone: (703)-471-0082 Address: (1/0 Mn Vahidi American Medical Eq"iinment & Services 794 Center Street Herndon VA 20170 2. Property Owner (if different than above) Name: Mohebatullah Vahidi Address uinment R • �/0 Americar� ,��u Medic al Ea„,�. Services 794 Center Street Hemdon VA 20170 3. Contact person if other than above Telephone: (703)-471-0082 Name: Claus Bader, P.E., German Engineering Telephone: (540) 664-1971 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 11 5. The Code of Vir iP nla allows us to request full disclosure of ownership in relation to rezoning applications. Please list belo::r all owners or parties in interest of the land to be rezoned: Mohebatullah Vabidi 6. A) Current Use of the Property: RA Residential and agricultural B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Please see the attached. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): This propeft is located on the west side of Route 11 approximately 2 200 feet north of Interstate exit 321 (Hopewell Road in Clearbrook, VA. 12 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: Max. of 5 Mobile Home: 0 Hotel Rooms: 100 Sauare Footage of Proposed Uses ®Bice: 30,000 Service Station: 12 pumps Retail: 75,000 Manufacturing: Restaurant: 10,000 Warehouse: Other: 75,000 sf, 100 Room Hotel 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): 0�:y ' rLti Date: Date: Owner(s): .D • 2r1 Date: — 3 2 9-7 Date: 13 Adjoining Property Owners Rezo>rting Owners of property adjoining the land will be notified ofthe Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name R & J Land Development, LLC 1631 Red Bud Road Winchester, VA 22603 Property # 33-A-123 Zone: B3, Use: Vacant Name Bradely K. Blain 35 Flatt Road Rochester, NY 14623 Property # 33-A-124 Zone: RA, Use: Vacant/Agricultural Name3703 Elaine F. Magee Martinsburg Pike Clearbrook, VA 22624 Property # 33 -A -125A Zone: RA, Use: Residential Name Deborah D. Swimley P.O. Box 10 Clearbrook, VA 22624 Property # 33 -A -125B Zone: RA, Use: Residential Name Philip K. Martin P.O. Box 113 Brucetown, VA 22622 Property # 33 -A -125C Zone: RA, Use: Residential Name Robert O. &Joyce Widdows 2042 Cedar Hill Road Clearbrook, VA 22624 Property # 33 -A -125E Zone: RA, Use: Residential Name Mark & Elizabeth Caroline Regan 2000 Cedar Hill Road Clearbrook, VA 22624 Property # 33 -A -125D Zone: RA, Use: Residential Name Silverwolfe, LLC 1073 Red Bud Road Winchester, VA 22603 Property # 33 -A -124A Zone: B3, Use: Vacant 2587 Northwestern Pike Name Open Door Baptist Church, Inc. Winchester, VA 22602 Property # 33 -A -124A Zone: RA, Use: Church 14 15 Address Name and Property Identification Number Name Frederick A. & Un H. Stronko 3656 Martinsburg Pike Clearbrook, VA 22624 Zone: RA, Use: Residential Property # 33 -A -124D Name Everett L. Caton 2066 Cedar Hili Road Clearbrook, VA 22624 Zone: RA, Use: Residential Property'" 33_A -1G6 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 15 is Special Limited Power of Attorney ' c County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) %> OH6BI3-TUI-1,R 1 (%flHlpl (Phone) 703-471-008A 7 N C e 57KE--E-r (Address) C�o , (/A 90/70 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. 0$001289.5 on Page and is described as Parcel: `AS Lot: Block: fi Section: 33 Subdivision: do hereby make, constitute and appoint: (Name) CGRuS C (Phone) $4¢ - 66¢ --/?7l (Address) /0 2 wYf/Pf - _,0K4 a,( l t CfHe l , UR oZ a60 ?• To act as my true and lawful attorney -in- act 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: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G 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 LZ flay of J1 It 4 2007 Signature(s) State of Virginia, City/County of Eal r lEc , , To -wit: rl � 7'�a 3, b� I, Cyn��, `� � 1JU tf-mrA a Notary Public in and for the jurisdiction aforesaid, certify r person( wl signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this flay of 200_Z. L�'ehAA- 6A My Commission Expires: 2ZZ.-30ZJ010 Notif Public _ Ce Jul 31 07 11:10a 0 9 O Z: INTERSTRTE ROUTE 81 N z9ozz'oa-� BSfi,44' `J Clam" &A AV REMAINING LAND 14.5309 ACRES O Ni ilnt w n`'a.3 INS Q�4, � �� h NO. RAD. AELTR ARC TAN, CHD. CHG. SRG: 1 2 3 4 11499,16' 11499.16' 11499.16' 11499.16' 02009'38" 00014'US- D0044'51" 01°30'42" 433.63' 47.12' 150.00' 236.51 216.84' 23,56' 75.00' 110.26' 433.60' 47.12' 150.00' 236.50' 5 33023'29"K 5 34021'15-V S 33°S1'47"1! 5 32054'01"y 0 9 O Z: INTERSTRTE ROUTE 81 N z9ozz'oa-� BSfi,44' `J Clam" &A AV REMAINING LAND 14.5309 ACRES O Ni ilnt w 0� h INS Q�4, � �� h ^ a rm 4 , Ra Irla ly°j _ ti,�o-'sR cf-' .c) "-S- ROUTE I I MARrJjVs 180' w"Ill BURG PIKE TABUL,ATIO,N BEFORE ADJUSTMENT LOT 1 1,3200 ACRCs MAY 16,2940 ACREs 7, Rq RES yam/ A WYA M, FUR1RHA 110. 1455 .2 �'P i aY•°• AFTER ADJUSTMENT GDT 1 A 3.0839 ACRES } MAY I-1.s�os ACRES i F ILIAL PLATT BOUNDARY LINE RDJU5TMENT Q a UL'TkC'_'N LD'f : 1'i11LW K. SSHFti11ti Luiz, Fi '• . THC LAND OF OENNIS J. & VIRGINIA R, MAY 5T0I4FWRI.1 015TRICT i:cn=rLCx 5�inflr1.1; col•: COun FKZ;Ullllla. LINTY. rn. o .e/{ .. r n��!`..,.� � IR711n/. ,�•�1I� �•C AYS✓7CtP.IRJI3�G^SIS' 14,�;I li ' ' '" ��....._ •.—.. ...�.,.a�,,., ;�.� d , ;14 st I,��el .ori .2 �'P i aY•°• MASTER DEVELOPMENT PLAN #11-07 GLENDOBBIN Staff Report for the Planning Commission Prepared: August 28, 2007 Staff Contact: Candice E. Perkins, 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 09/19/07 Board of Supervisors: 10/10/07 Action Pending Pending LOCATION: The subject properties are located south and adjacent to Glendobbin Road (Route 673) approximately 3,250 feet west of the 'intersection of Glendobbin Road and Payne Road (Route 603). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(s): 43 -A -15B, 43-19-57 and 43-A-16 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance), M1 (Light Industrial) and RA (Rural Areas) Use: Undeveloped ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Area) Use: Orchard South: RA (Rural Area) Use: Agriculture East: M1 (Light Industrial) Use: Industrial & Vacant RA (Rural Areas) Use: Orchard West: RA (Rural Area) Use: Residential PROPOSED USE: 30 Single Family Detached Homes MDP #11-07, Glendobbin August 28, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The preliminary master plan for the subject property is acceptable to VDOT. It appears to have a measurable impact on Route 673, the VDOT facility which would provide access to the property. 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 approval recommended. Frederick County Public Works: The revised MDP for the Glendobbin Subdivision received on August 27, 2007 has adequately addressed our previous review comments. Frederick County Inspections Department: Demolition permit if removing structures. No additional comments required at this time. Frederick -Winchester Service Authority: No comments. Frederick County Sanitation Authority: 1st review. Approved. Frederick -County -Winchester Health Department: The property owner and applicant shall be responsible to identify and report any existing wells or septics within 200 feet of the project that may be impacted prior to construction. The Health Dept. has no objection as long as no ex. Wells or septics exist and the FCSA's public water and sewer are utilized as stated on page 1 of the submitted plans by PHR&A. GIS Department: Sunflower Drive is not currently being used. Parks & Recreation: The monetary proffer offered for this development does not appear to be consistent with the impact its residents will have on the capital needs of the County Parks and Recreation Department. Staff would suggest the Impact Model recommendation for single family units be considered when determining an appropriate monetary proffer. Winchester Regional Airport: We have reviewed the proposed master development plan and determined that the proposed development will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 30 single family detached homes will yield 5 high school students, 4 middle school students and 7 elementary school students for a total of 16 new students upon build -out. This project alone will not have a large impact on the school division, but significant residential growth in Frederick County MDP #11-07, Glendobbin August 28, 2007 Page 3 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. The impact of this master development plan on current and future school needs should be considered during the approval process. Planning & Zoning: 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. 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 subject properties are located south and adjacent to Glendobbin Road (Route 673) approximately 3,250 feet west of the intersection of Glendobbin Road and Payne Road (Route 603). C) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies parcels 43 -A -15B and 43-A-16 as being zoned R-3 (Residential General). Parcels 43 -A -15B and 43-A- 16 were re -mapped from R-3 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. 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. D) 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] Land Use Compatibility: The site is not within any small area land use plans in the Comprehensive Policy Plan. The site has no land use designation on the Eastern Frederick County Long Range Land Use Plan. MDP #11-07, Glendobbin August 28, 2007 Page 4 Parcels 43 -A -15B and 43-19-57 are both within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), parcel 43-A-16, which is a rural preservation parcel, is outside of the UDA and SWSA. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements, and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). The future Route 37 is a road improvement need that is identified in the County's Eastern Road Plan. With the rezoning for this development, the applicant proffered to provide right-of-way for Route 37 as shown on the Generalized Development Plan from the rezoning as well as indicated on the MDP. The applicant is proposing one public entrance for all 30 lots in this development. The new road entrance (Sunflower Drive) would be located on Glendobbin Road. Proers — 5) Proffer Statement — Dated June 27, 2006 A copy of proffers has been included in the agenda. Proffers Applicable to Tax Map Parcel 43 -A -15B A) Generalized Development Plan The applicant has proffered a Generalized Development Plan (GDP) dated June 23, 2006, and revised June 27, 2006. B) Land Use The development will be limited to a maximum of 30 single family detached dwelling units on lots a minimum of 30,000 square feet. No dwelling units will be permitted within 200 feet of any adjacent active orchard or within 100 feet of any adjacent agricultural uses in the two locations shown on the GDP. C) Transportation The applicant will dedicate land for the right-of-way for future Route 37 on the parcel proposed for rezoning. The applicant will contribute $300.00 per dwelling unit for future improvements of the intersection of Martinsburg Pike (Route 11) and Welltown Road (Route 661). D) Monetary Contribution A monetary contribution in the amount of $10,206.00 to Frederick County, to bL MDP 411-07, Glendobbin August 28, 2007 Page 5 provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. A transportation contribution (see above) has also been proffered. E) Environment The applicant has proffered Best Management Practices (BMP) for stormwater management. Proffers Applicable to Tax Map Parcel 43-A-16 (Preservation Parcel) A) Subdivision Future subdivision of Tax Map Parcel 43-A-16 shall be prohibited except for any subdivision necessary to dedicate right-of-way for future Route 37, B) Transportation The applicant will dedicate land for the right-of-way for future Route 37. Proffers Applicable to Tax Map Parcel 43-19-57 Parcel zoned M1 A) Transportation The applicant will dedicate land for the right-of-way for future Route 37. Waivers The Frederick County Subdivision Ordinance states that "culs-de-sac, permanently designed as such shall not exceed 1,000 feet in length. The Planning Commission may waive this requirement in cases where extreme topography or other factors make it impractical. In no case shall the street serve more than 25 lots". As stated during the rezoning for this property, the cul- de-sac shown for this development is 2,900 feet long. A waiver of §144-14G(1) is needed from the Planning Commission in order for this development to be constructed as shown on the proffered GDP and the MDP. The cul-de-sac length waiver is a Planning Commission waiver only, no action from the Board of Supervisors is required for this waiver. Also, since this development is proposing 30 lots on one cul-de-sac, the applicant needs a waiver of § 144-14G(1) from the Board of Supervisors for the five additional lots. A recommendation to the Board of Supervisors from the Planning Commission is needed. STAFF CONCLUSIONS FOR THE 09/19/07 PLANNING COMMISSION MEETING• The master development plan for the Glendobbin Development depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. With the exception of the necessary waivers, this preliminary Master Development Plan is in a form that is administratively approvable. The MDP is in accordance with the proffers for Rezoning #17-05, including the proffered GDP. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Three actions are needed from the Planning Commission for this MDP: a decision on the cul-de-sac MDP #11-07, Glendobbin August 28, 2007 Page 6 length waiver is needed, a recommendation to the Board of Supervisors for the number of lots on the cul-de-sac and a recommendation to the Board of Supervisors on the MDP. 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. Staff is ultimately seeking administrative approval authority of the Master Development Plan once all issues have been addressed. _ ' 42 A 356 y 43 p 10A a . (KSS LC 1 qR ( tNCORPO�T�Db�g 1 43 ', 147 3 I : KSS,�1g J IItC F M... n �� t .' : Q y 9 4BHS, LC1 C6 .00vi 141 I 00 s 41 i j f 43. A 15 ... IVI ( , I , CKOWN BET 4F �4OF r 1 f. rf a i j 0!,tah l ! '1'� 9 here 43 ag Sit ! 2°r"!��9��Q', Cr TOAN&ASSOCIATES i !t (� r'P 6s�,t LC V .464 -. 0- 4' 1"f .� I ,1 /2 1 { 9 �FH'{`�s. �cf��< ,.4 f �! 4 y j f'rP V .464 -. 0- 4' 1"f .� I ,1 /2 1 { 9 Frederick County, STA Location in the County Map Features 0 Hamlets Future Rt37 Bypass MDPI107_Glendobbin .. Lakes/Ponds Streams Streets Primary �+ Secondary '�- Tertiary �- Winchester Rds Urban Development Area SWSA Topography (5'interval) Master Development MDP # 11 - 07 Application Glendobbil- Parcel ID: 43 -A -15B 49-19-57 Location in Surrounding Area A& 0 250 500 I��' Case Planner: Candice Map Document: (N:Tlanning_And_Development\_1_LoCato r_Mps\G fen dobbin_MDP'1107_082907.mxd) 8/29/2007 -- 9:21:37 AM Frederick Location in tha County Map Features O Hamlets `O4 Future Rt37 Bypass CA MDP1107_Glendobbin �D Lakes/Ponds Streams streets Primary +mss Secondary '�- Terciary Winchester Rds ®I Urban Development Area Master Development MDP # 11 - 07 Application Zoning B1 (Business, Neighborhood District) B2 (Business, Genera'. Distrist) C• B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) 4e� HE (Higher Education District) 0- M7 (Industrial, Light District) M2 (Industrial, General District) - MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residential Planned Community District) t90 R5 (Residential Recreational Community District) O RA (Rural Area District) RP (Residential Performance District) G,, SWSA Location in Surrounding Area 0 250 500 1'0Feel Map Document:(N:\Planning_And_Development\_1_Locator_Mps\Glendobbin_MDP1107_082907.mxd) 8/29/2007 -- 9:21:37 AM MDP #0 - 07 Land A Map Frederick Master Development MDP # 11 - 07 Application Location in the County Map Features O Hamlets '%t,+ Future Rt37 Bypass MDP1I07_Glendobbin Lakes/Ponds Streams Streets Primary Secondary Terciary -- Winchester Rds d0 Urban Development Area c—�? SWSA Location in Surrounding urea 0 250 500 � 'Peet Map Document:(N:\Planning_And_Development\_1_Locator_Mps\Glendobbin_MDP1107_082907.mxd) 8/29/2007 -- 9:21:37AM Frederick County, Virginia Master Development Plan Application PackajZe APPLICATION MUSTER DEVELOPMENT PLAN Department of Planning and Development Use Only Date application received` Complete .. Date of acceptance Incomplete - Date of Return 1. Project Title: GLENDOBBIN 2. Owner's Name: Glen W. and Pamela L. Russell 3 Application # 11-0 7 270 Panarama Drive Winchester, VA 22603 *Please list the names of all owners or parties in interest: Glen W. and Pamela L. Russell Applicant: Patton Harris Rust & Associates, pc Address: c/o Patrick Sowers 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: Patton Harris Rust & Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 _ Contact Name: Patrick Sowers Frederick County, Virginia Master Development Plan Application Package APPLICATION, cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: e) Adjoining Property Information: SEE ATTACHED f) Magisterial District: Stonewall 8. Is this an original or amended Master Development Plan? Original X Amended 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: && & t_ J Date: o) South and adjacent to Glendobbin Road (Va Rt 673) approximately 3,250 feet west of the intersection of Glendobbin Road and Payne Road (Va Rt 663) 6. Total Acreage: 74.62 Acres 7. Property Information: a) Property Identification Number (PIN): 43 -A -15B, 43-19-57, 43-A-16 b) Current Zoning: RP and RA and M1 c) Present Use: Vacant d) Proposed Use: SF Detached — 30,000 SF Minimum e) Adjoining Property Information: SEE ATTACHED f) Magisterial District: Stonewall 8. Is this an original or amended Master Development Plan? Original X Amended 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: && & t_ J Date: o) ADJOINERS RUSSELL - GLENDOBBIN Adjoining Property Owners Master Development Plan Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent ,Street. Name and Address Property Identification Number (PIN) Name: BHS, LC P.O. Box 2368 Property #: 43-A-13 Winchester, VA 22604 Name: BHS, LC P.O. Box 2368 Property #: 43-A-14 Winchester, VA 22604 Name: BHS, LC P.O. Box 2368 Property #: 43-A-11 Winchester, VA 22604 Name: Betty G. McKown 223 Payne Road Property #: 43-A-15 Clearbrook, VA 22624 Name: Lenoir City Company (Ml) P.O. Box 1657 Property#: 43-19-2 Winchester, VA 22604 Name: Marshall Mills, Inc. 1543 Millwood Pike Property #: 43-9-4-73 Winchester, VA 22602 Name: Marshall Mills, Inc. 1543 Millwood Pike Property #: 43-9-4-72 Winchester, VA 22602 Name: Marshall Mills, Inc. 1543 Millwood Pike Property #: 43-9-4-71 Winchester, VA 22602 Name: Marshall Mills, Inc. 1543 Millwood Pike Property #: 43-9-4-70 Winchester, VA 22602 Name: Marshall Mills, Inc. 1543 Millwood Pike Property #: 43-9-4-68 Winchester, VA 22602 Name: Lenoir City Company (Ml) P.O. Box 1657 .Property #: 43-19-65 Winchester, VA 22604 Name: Lenoir City Company (Ml) P.O. Box 1657 Property #: 43-19-64 Winchester, VA 22604 Name: Lenoir City Company (M1) P.O. Box 1657 Property #: 43-19-66 Winchester, VA 22604 Name: Lenoir City Company (Ml) P.O. Box 1657 Property #: 43-19-56 Winchester, VA 22604 Name: Lenoir City Company (M1) P.O. Box 1657 Property #: 43-19-67 Winchester, VA 22604 Name: Marshall Mills, Inc. 1543 Millwood Pike Property #: 43-9-4-67 Winchester, VA 22602 Name: Marshall Mills, Inc. 1543 Millwood Pike Property #: 43-9-4-66 Winchester, VA 22602 Name: Marshall Mills, Inc. 1543 Millwood Pike Property #: 43-9-4-64 Winchester, VA 22602 Name: Harley E. & Roxanne L. Ostlund 328 Union View Lane Property #: 43-20-15 Winchester, VA 22603 Name: Kevin & Arlena Harbourne 329 Union View Lane Property #: 43-20-16 Winchester, VA 22603 Name: David & Karen Walker 311 Union View Lane Property #: 43-20-13 Winchester, VA 22603 Name: John & Monica King 309 Union View Lane Property #: 43-20-10 Winchester, VA 22603 Name: Glendobblin Ridge, LLC 270 Panorama Drive Property #: 43-20-9 Winchester, VA 22603 Name: Rajdeep & Connie Parmar 247 Union View lane Property #: 43-20-7 Winchester, VA 22603 Name: Judy Russell 2619 Woodside Drive Property #: 43-20-6 Clearbrook, VA 22624 Name: Judy Russell 2619 Woodside Drive Property #: 43-20-5 Clearbrook, VA 22624 Name. Jose & Angela Daly 151 Union View Lane Property #: 43-20-4 Winchester, VA 22603 Name: Rosanna Mateo 13554 Shardlow Court Property #: 43-20-3 Bristow, VA 20136 Name: KSS, LC P.O. Box 2368 Property #: 43-12-3-18 Winchester, VA 22604 Name: KSS, LC P.O. Box 2368 Property #: 43-12-3-1 Winchester, VA 22604 Name: James Peyton Darlington Trust 1543 Millwood Pike Property #: 43-A-19 Winchester, VA 22602 Name: Cheryl Grimm Morris P.O. Box 2802 Property #: 43-A-21 Winchester, VA 22604 [Name: Shenwin, LLC P.O. Box 2555 Property #: 43-19-60 Staunton, VA 24402 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: wyww.co.frcderick.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) Glen W. and Pamela Russell (Phone) 540-662-7083 (Address) 270 Panarama Drive, Winchester, Va 22603 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. 26114 and 5243 and is described as Parcel: 15B,16 Lot: Block: A Section: 43 Subdivision: Instrument No. 7805 and is described as Parcel: 57 Lot: BIock: 19 Section: 43 Subdivision: do hereby make, constitute and appoint: (Name) PIIRA - Patrick Sowers and Ron Mislowski Phone: 540-667-2139 (Address) 117 E. Picadilly Street Suite 200 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) X 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. 14 In witness thereof, I (we) have hereto set my (our) hand and seal this kJ day of� Vic- 200 7 Signature(s) _�yJ I��-� State of Virginia, City/County of ` K'IIZ 4' To -wit: I, 7 e4d S t t I 1'2 Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appear d,before e and has o ledged the sa before me in the jurisdiction aforesaid this, day of a , 200 w. 1SSr'q,�i sion Expires:13 � to Public Vit:' n AMENDMENT Action: PLANNING COMMISSION.- May 17, 2006 - No 1lccommcndation BOARD OF SUPERVISORS: July 26, 2006 29 APPRON%ED ! I DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #17-05 OF RUSSELL-GLENDOBBIN WHEREAS, Rezoning #17-05 of Russell-Glendobbin, submitted by Patton Harris Rust & Associates, to rezone 31.18_51 acres from IZA (Rural Areas) District to RP (Residential Perfonrnance) District with proffers on the property sought to be rezoned, including a proffer to limit the number of dwellings to 30 on the property, and proffers on adjoining property owned by applicants, was considered. The property sought to be rezoned is identified by Property Identification Number (PIN) 43-A-1 5B. The additional properties to be subject to proffers, but not to be rezoned. are (i) PIN 43-19-57, a 6.89 acre parcel zoned MI (Light Industrial) District, and (ii) PIN 43-A-16, a 36.54 acre Preservation Tract zone RA. Parcels 43 -A-15B and 43-A-16 are located south and adjacent to Glendobbin Road (Route 673), approximately 3,250 feet west of the intersection of Glendobbin Road and Payne Road (Route 663), in the Stonewall Magisterial District. Parcel 43-19-57 is located at the northern terminus of Kentmere Court, in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May17, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 26, 2006; 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 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers on the property sought to be rezoned, including a proffer to limit the number of dwellings to 30 on the property, and proffers on adjoining property owned by applicants, 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 419-06 This ordinance shall be in effect on the date of adoption. Passed this 2'6th day of .luly- 2006 by the folloNving recorded vote: Richard C. Shickle, Chairman Gary Dove Gene F- Fishes Philip A. Lemieux I'DRes. 9 19-06 Aye Barbara E. Van Osten Aye Bill NI Ewing Aye Charles S. Del -laver -Jr. Aye A COPY ATTEST Nay Aye Aye Jol-m R. Riley, Jr. Frederick County AAI'nistrator PROPOSED PROFFER STATEMENT REZONING: RZ. # 17-05 RA (Rural Areas) to RP (Residential Performance) on Tax Map Parcel ("TMP") 43-A-1513 PROPERTY: Tax Map Parcels: 43 -A -I SB, 43-A-16, 43-19-57 (the "Property") RECORD OWNER: Glen W. and Pamela L. Russell APPLICANT: Glen W. and Pamela L. Russell JUL i 2006 PROJECT NAME: Russell - Glendobbin ORIGINAL DATE OF PROFFERS: May 1, 2005 REVISION DATE(S): August 4, 2005 November 9, 2005 March 9, 2006 April 11, 2006 June 23, 2006 June 27, 2006 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 Tax Map Parcel 43-A-1513 with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the `Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following the date on 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 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, Russell-Glendobbin Property" dated June 23, 2006 revised June 27, 2006 (the "GDP"), a copy of which is attached. A. PROFFERS APPLICABLE TO TAX MAP PARCEL 43 -A -15B LAND USE: 1.1 Residential development on the Tax Map Parcel 43-A-1513 shall not exceed a maximum of 30 single family detached dwelling units. 1.2 The project shall develop solely with single family detached residential uses. The minimum lot size for said uses shall be 30,000 square feet. The minimum lot width, as taken from the front setback line, shall be 100 feet. 1.3 No dwelling units shall be permitted within 200 feet of any active orchards located on adjacent properties. (See GDP) 1.4 No dwelling units shall be permitted within 100 feet of any adjacent properties in agricultural use. (See GDP) 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 Russel l-Glendobbin Proffer Statement as approved by the Board. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fare and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. 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_ 5. PARKS & OPEN SPACE: 5.1 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. LIBRARIES: 6.1 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. 2 7. SHERIFF'S OFFICE: 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 8. ADMINISTRATION BUILDING: 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building penult for each such unit. 9. WATER & SEWER: 9.1 The Applicant shall be responsible for connecting the portion of the Property located within the Sewer and Water Service Area 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. 10. ENVIRONMENT: 10.1 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. 11. TRANSPORTATION: 11.1 Transportation improvements shall be designed and constructed consistent with the study entitled, "A Traffic Impact Analysis of the Russell- Glendobbin Property," prepared by Patton Harris Rust & Associates, PC, dated May 4, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 11.2 The Applicant shall contribute to the Board the sum of $300.00 per dwelling unit for future improvements of the intersection of Martinsburg Pike (Route 11) and Welltown Road (Route 661), payable at the time of building permit issuance for each residential unit. 11.3 The Applicant shall dedicate sufficient land, not to exceed 350 feet in width, across Tax Map Parcel 43-A- I 5B for the right of way for VA Route 37 limited access highway in the location generally depicted on the GDP, or such other location as determined by the County, at no cost to Frederick County; said right of way to be dedicated within ninety (90) days of 3 request by the County. The County shall set the specific alignment of the Route 37 right of way on Tax Map Parcel 43 -A -15B by January 30, 2007; provided should the County fail to do so by January 30, 2007, it shall do so within thirty (30) days after written notice from Applicant after January 30, 2007. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board of Supervisors ("Board") within thirty (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 thirty (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 twenty-four (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. B. PROFFERS APPLICABLE TO TAX MAP PARCEL 43-A-16 13. SUBDIVISION: 13.1 Future subdivision of Tax Map Parcel 43-A-16 shall be prohibited except for any subdivision necessary to dedicate right of way to the County of Frederick for the future VA Route 37 limited access highway as generally shown on the GDP. 14. TRANSPORTATION: 14.1 The Applicant shall dedicate sufficient land not to exceed 350 feet in width across Tax Map Parcel 43-A-16 for the right of way for Virginia Route 37 limited access highway in the location generally depicted on the GDP, or such other location as determined by the County, at no cost to Frederick County; said right of way to be dedicated within ninety (90) days of request by the County. The County shall set the specific alignment of the Route 37 right of way on Tax Map Parcel 43-A-16 by January 30, 2007; provided should the County fail to do so by January 30, 2007, it shall do so within thirty (30) days after written notice from Applicant after January 30, 2007. C. PROFFERS APPLICABLE TAX MAP PARCEL 43-19-57 15. TRANSPORTATION: H 15.1 The Applicant shall dedicate sufficient land, not to exceed 350 feet in width, across Tax Map Parcel 43-19-57, in the location generally depicted on the GDP, or such other location as determined by the County, together with the balance of Tax Map Parcel 43-19-57 located south and east of said right of way; all of said dedication to be applied to the right of way for the VA Route 37 limited access highway, at no cost to Frederick County; said right of way to be dedicated within ninety (90) days of request by the County. The County shall set the specific alignment of the Route 37 right of way on Tax Map Parcel 43-19-57 by January 30, 2007; provided should the County fail to do so by January 30, 2007, it shall do so within thirty (30) days after written notice from Applicant after January 30, 2007. Respectfully submitted, Glen W. Russell Title: i�P_N+P1e Pamela L. Russell By: Pa Title: STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this 411 day of i L� , 2006, by G &,jPG ,Me�c� SS f My commission expires: Z Z ZOO Notary Public MASTER DEVELOPMENT PLAN #12-07 REVISED EASTGATE PROPERTIES Staff Report for the Planning Commission Prepared: August 29, 2007 Staff Contact: Candice E. Perkins, 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 09/19/07 Board of Supervisors: 10/10/07 Action Pending Pending LOCATION: The subject properties are located west of Front Royal Pike (Route 522 S) immediately north and south of Maranto Manor Drive and north and south of Tasker Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(s): 87-A-34, 87-A-3413, 87-A-35, 87-A-36, 87-A-37, 76-A-53, 76 -A -53A, 76-53C and 76 -A -48B PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) and M 1 (Light Industrial) Use: Undeveloped ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: B2 (Business General) RA (Rural Areas) South: MI (Industrial General) RA (Rural Areas) East: B2 (Business General) RA (Rural Areas) N/A West: B2 (Business General) RA (Rural Areas) Use: Vacant Residential/Vacant Use: Home Depot Residential/Agricultural Use: Vacant Residential Route 522 Use: Vacant Residential PROPOSED USE: Commercial and Industrial Uses on 111.49 acres MDP 912-07, Revised Eastgate Properties August 29, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The master plan for this property appears to have significant measurable impact on Routes 522 and 642, the VDOT facilities which would provide access to the property. VDOT can support the master development plan provided the following provisions are addressed: The right-in/right-out shown on Route 522 between the Route 642 intersection and Maranto Manor Drive intersection - the right -out will need to be analyzed for weave analysis and suitability prior to VDOT approval for the right -out at this location. It should be noted there may need to be some additional widening to northbound Route 522 lanes at the intersection of Route 642 to allow for sufficient room to build the proffered dual left lands onto westbound Route 642. It should be noted that two thru lanes will be required from the intersection with Route 522 through and to the west of Rainville Road where the roadway will transition into a single westbound land. 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. The proposed Tasker Road entrance location will generate a comment in regards to this MDP. I anticipate that there will be a raised median between the eastbound and westbound traffic lanes on Tasker Road. Therefore, the "potential entrance" will be a right-in/right-out at the most. Due to the short distance from the entrance to Route 522, the numerous lanes to cross and short traffic weave distance available, the right-in/right-out proposal will require considerable analysis. Therefore, approval will be questionable. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: The revised MDP for the project received on August 10, 2007 has adequately addressed our previous review comments. Frederick County Inspections Department: No comment required at this time. Shall comment on individual site plans when submitted. Frederick -Winchester Service Authority No comments. Frederick County Sanitation Authority: We should have sufficient water pressure and volume and sufficient sewer capacity to serve these properties. Frederick -County -Winchester Health Department: Health Dept. has no objections to the request as stated so long as public water and sewer are utilized. GIS Department: No additional names or changes are required at this time. Parks & Recreation: No comment. MDP # 12-07, Revised Eastgate Properties August 29, 2007 Page 3 Winchester Regional Airport: We have reviewed the revised master development plan and determined it should not affect airside operations of the Winchester Regional Airport; therefore special conditions will not be requested on behalf of the airport. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the master development plan, there will be no impact to the school population upon build- out. Planning & ZoninLr: 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. 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 subject properties are located west of Front Royal Pike (Route 522 S) immediately north and south of Maranto Manor Drive and north and south of Tasker Road. C) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) identifies these properties as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. On August 14, 1991 the Board of Supervisors approved Rezoning #06-91, which rezoned parcel 76-A-53 to the B2, B3 and M1 zoning districts. On August 13, 1997 the Board of Supervisors approved Rezoning #02-97. This rezoning depicts the current zoning designations of the majority of 76-A-53 (includes 76 -A -53A and 53C). On October 22, 1997 the Board of Supervisors approved Rezoning #04-97, which rezoned parcel 76 -A -48B to the M1 (Light Industrial) zoning district. On April 25, 2007 the Board of Supervisors approved Rezoning #02-07, which rezoned parcels 84-A-34, 87 -A -34B, 84-A-35, 87-A-36, 87-A-37 and a portion of 76-A-53 to the B2 (Business General) zoning district. D) 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 MDP 912-07, Revised Eastgate Properties August 29, 2007 Page 4 facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Land Use Compatibility: The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with commercial and industrial land use designations. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Tasker Road as an improved major collector (UD4). With this development, the applicant will be providing additional lanes on eastbound and westbound Tasker Road making Tasker Road four lanes from Route 522 to Rainville Road. As shown on the MDP, the applicant is proposing two right- in/right-out entrances on Route 522; one was proffered with Rezoning #02-07, the other connection is new. A right-in/right-out is also proposed on Tasker Road near its intersection with Route 522. The two new right-in/right out entrances shown on the MDP have notes that state they are subject to VDOT approval at the site plan stage. As shown on the MDP and proffered with Rezoning #02-07, this development will connect Maranto Manor Drive to Rainville Road. The Frederick County Bicycle Plan designates Route 522 as a short-term designated route. As shown on the MDP, the applicant is providing a 10 foot path along Route 522 as well as the northern side of Tasker Road from Route 522 to the path that will be constructed with the Tasker Woods Development. Proffers The following proffer statements apply to this development: #02-97, #04-97, #01-98 and #02- 07. These proffer statements are scanned onto sheets two and three of the MDP. STAFF CONCLUSIONS FOR THE 09/19/07 PLANNING COMMISSION MEETING: The master development plan for the revised Eastgate Properties depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance and this preliminary Master Development Plan is in a form that is administratively approvable. The MDP is in accordance with the proffers for Rezonings 402-97, #04-97, #01-98 and #02-07. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. MDP # 12-07, Revised Eastgate Properties August 29, 2007 Page 5 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. Staff is ultimately seeking administrative approval authority of the Master Development Plan once all issues have been addressed. .,,,..u1 --vvr -- G.4J:J4 t-IVI F e Eas LVised _ ( r 76 A 49 76 ALLDEN, LLC A 49A LEHR, DAVID,S BIPAMELA B o Frederick County, V A 6 A 51 y 76 A 76 A 48A AL ALLDEN, LLC IDEN, LLC WAkL, 104C Master Development i` �ERFK MDP # 12 - 07 76 A 51C STROSN/DER, Application DONALD LESLIE 522 5 Revised Eastgate i Properties 14 y��/196 9 y=�v " Parcel ID: 87 - A, - 34, 87 - A - 34B, 87 - A - 35, �U�emStoneDi Location in the County 87 - A - 36, 87 - A - 37, 76 - A - 53, F<,y71 76 -A -53,76 -A -53A,76 -A -53C, >s c NF,6, 76 - A - 48B s3 s SO0/B aSk"�� # Map Features A 55 O Hamlets I%+ Future Rt37 Bypass • 0 �.y�`r �G `C �G MpDP, , i_ Application LakesrPonds Streams Streets 76 A 56 5 4ro� MADA, LC Primary Secondary 41 'Terciary O q �/y ! ,.- !!CF ^- Winchester Rds Urban Development Area SWSA '• 0 tip y.k 76 A 42 17tP SARGENT PROPERTIES, LLC O2 w o� nlalanto � �a�er . , AAAA—��v,qhf 76 A 53G `°gyp s err HOME _ DEPOT USA INCn-_ -_ lone Oa„ O Double Tollgate �l Location in 5urroun9 din 1\rea /Ty 250 500 1,0pool /O-C.) �w C1.\�Q Case Planner: Candice 0 Map Document: (NAPlanninq And DeveloDment\ 1 1 rnntnr .,,,..u1 --vvr -- G.4J:J4 t-IVI ` Revised 76 A 49 r ALLDEN LLC 76 A 49A Frederick County, VA LEHR, DAVID�S.$)PAMELA B o ro r z`onmg -----�_— :a 176 A 48A 76 A51 76 ALL EN, L C ALLDEN' LLC /—�i WA y A 104C Master Development L' DEREK MDP # 12 - 07 Application STROSN/DER DONALD v LESLIE s szz Revised Eastgate Properties ��.�`T� GenS�e�e➢T h �_� � d is 1 wF ^�o tVv 5,©SSI �aSker Z CdTl 6 �� i iMpDP `C J 7s a� b !� C 76 A 42 y� SARGENT PROPERTIES, LLC 82 zoning zoning r eQ 0 --Wri9h1 ` NC , 71i A 53G F.Ql9y�) s k4n Zgpi(t EDE DEPOT,115A, INC :.one Oak Double Tollgate 9 14 Location in Surrounding Area 0 250 500 1,UFp e, Al Case Planner. Candice -• 55 A ss MAYA, LC Parcel 1D: 87 -A -34,87 -A -34B,87 -A-35, Location in the Lounty 87 -A -36,87 -A -37,76-A-53, 76 -A -53,76 -A -53A,76 -A -53C, 76 -A -48B Map Features O Hamlets Zoning R4 Future Rt37 Bypass B7 (Business, Neighborhood District) Application B2 (Business, General Distrist) Lakes/Ponds do 63 (Business, Industrial Transition District) �— Streams A* EM (Extractive Manufacturing District) Streets 4W HE (Higher Education District) •.- Primary • M1 (Industrial, Light District) '�. Secondary M2 (Industrial, General District) `�- Tertiary 4W MH7 (Mobile Home Community District) - Winchester Rds + MS (Medical Support District) �,• Urban Development Area - R4 (Residential Planned Community District) � R5 (Residential Recreational Community District) C RA (Rural Area District) RP (Residential Performance District) 6%0 SWSA Map Document:(N:\Planning_And_Development\_1_Locator_Mps\Eastgate_MDP1207_082907.mxd) 8/29/2007 -- 2:43:54 PM f - MDP 2 07 r a Land Me Ma ALLi7 N, LLC �- - 76 A 494 , - LEHR, DAVID S B PAhTuAB' 76 � A . _48A 78 A 51 76 �`-.� `• -- ,' AUDEN,;LLC- aLL[7iCN LLE u ANSA 10 STRC)S �r 76 A ; arc ` - a D L SLIE 5 522. jl �,.` fF�'''�. f � f .�_° S to _�,`. �-t. � -�•, a t. -10 "l - pC,� _ « „ • ask , • ° � a 76 A d2 SARGENT P_ERTIEr S, LLC t. .l N. ty Xyl ` PIPs' 76 A 53G ; HOME DEPOT, USA, INC' �l,I, � .. ri•r "Lr'A Map Document: (N:\Planning_And_Development\ 1 Locator Mos\Factnatp nnnpl';ln7 nQz nn� . �Mw Aeri Map Frederick County, VA Master Development MDF' # 12 - 07 Application Revised Eastgate Properties Parcel ID: 87 -A -34,87 -A -34B,87 -A-35, Location in the County 87 - A - 36, 87 - A - 37,76 - A - 53, 76 - A - 53,76 - A - 53A, 76 - A - 53C, 76 -A -48B Map Features O Hamlets 'ws Future Rt37 Bypass 0 Application €S Lakes/Ponds ^— Streams Streets e Primary '�. Secondary '�- Terciary Winchester Rds s� Urban Development Area SWSA • } I.,orie Oak (/\` O Rouble Tollgate Location in Surrounding Area 0 250 500 1 0 E 0 �eo a w .t 3.9 Case Planner: Candice b•-_ Frederick County, Virginia REVISED Master Development Plan Application Package AUS2/-07 APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Onl i Date application receive:J Application # Complete - Date of acceptance Incomplete - Date of Return 1. Project Title: REVISED EASTGATE PROPERTIES 2. Owner's Name: Wrights Run, LP, Real Tech, LLC and Steven & Mary Ritter 2800 S. Shirlington Road, Ste 803 Arlington, VA 22206 *Please list the names of all owners or parties in interest: Allan Hudson, Frank Maranto and Steven & Mary Ritter 3. Applicant: Patton Harris Rust & Associates, pc Address: c/o Patrick Sowers 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: Patton Harris Rust & Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: Patrick Sowers Frederick County, Virginia Master Development Plan Application Package APPLICATION, cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: West of Route 522 South (Front Royal Pike) immediately north and south of Moranto Mano Drive and north and south of Tasker Road 6. Total Acreage: 111.49 Acres 7. Property Information: a) Property Identification Number (PIN): 87-A-34, 87 -A -34B, 87-A- 35, 87-A-36, 87-A-37, 76- A-53, 76 -A -53A,76 -A -53C, 76-A-4813 b) Current Zoning: M1 &B2 c) Present Use: Vacant Industrial and Commercial d) Proposed Use: e) Adjoining Property Information: SEE ATTACHED fl Magisterial District: Shawnee 8. Is this an original or amended Master Development Plan? Original Amended X 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 s bmiss' n of my master development plan application. Signature: Zo'--e Date: z� "� Eastgate Adjoining Property Owners Tax ID # Owner Address Zoned & Use 76-A-56 Mada, LC 1135 Sulphur Springs Road RA/Vacant 76-A-55 Middletown, VA 22645 76 -A -57A Or-aille Lee Comer 2903 Front Royal Pike RA/Residential 76-A-57 Winchester, VA 22602 RA/Residential 87-A-38 Robert F. Price 307 Caroline Avenue RA/Residential 87-A-39 Stephens City, VA 22655 RA/Residential 87-A-40 Diana L. Heishman 3029 Front Royal Pike RA/Residential Winchester, VA 22602 87-A-41 John Bullock 3049 Front Royal Pike RA/Residential Winchester, VA 22602 87-A-42 Berlie Thompson 3057 Front Royal Pike RA/Residential Winchester, VA 22602 87-A-33 Samuel E. Plasters, Jr. 3046 Front Royal Pike RA/Residential Winchester, VA 22602 87-A-31 Julia L. Bishop 114 Orchard Drive RA/Residential Midwest City, OK 73110 87-A-1 Pepper Lane — Land Acquisition 15729 Los Gatos Blvd., Suite 200 RA/Vacant Company, LLC Los Gatos, CA 95032 75-A-113 Leonard Property, LLC P.O. Box 1062 RA/Vacant c/o Kevin Breeden Warrenton, VA 20188 76-A-42 Sargent Properties, LLC 13282 Leta Drive RA/Vacant Montpelier, VA 23192 76-A-47 Donald S. & Janet Kenney, Jr. 281 Tadpole Lane RA/Residential White Post, VA 22663 76-A-46 Shirley Heflin Kenney 280 Tadpole Lane RA/Residential White Post, VA 22663 76-A-45 Daniel & Jaculine Heflin P.O. Box 1414 RA/Vacant Winchester, VA 22604 76-A-44 William & Loretta Heflin 113 Tadpole Lane RA/Vacant White Post, VA 22663 76-A-43 Viola Heflin Orndorff 178 Ole Orchard Drive B2/Vacant Clearbtook, VA 22624 76 -A -47B William J. Heflin 113 Tadpole Lane RA/Residential White Post, VA 22663 76 -A -53D Heritage Place, LC 141 Marcel Drive M1 /Industrial Winchester, VA 22602 76 -A -53B Elman FBI Associates, LP 450 Park Ave, Suite 2704 M1 /Industrial New York, NY 10022 76 -A -53H Shen Valley, LLC 1346 Pleasant Drive, Suite 6 Ml/Vacant Harrisonburg, VA 22801 76 -A -53E S & W, LLC 720 S. Braddock Street B3/Warehousing Winchester, VA 22601 76 -A -53F Cable Holdco Exchange V, LLC P.O. Box 173838, X Dept. B3/Commerical Denver, CO 80217 76 -A -53G Home Depot, USA, Inc. P.O. Box 105842 M1 /Warehousing Attn: Property Tax Dept #5362 Atlanta, GA 30348 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) Wrights Run, LP (Phone) 703.820.2500 (Address) 2800 S Shirlington Road, Suite 803, Arlington, VA 22206 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book on Page and is described as Tax Map Parcel 76 -A -53;87-A-35; 87-A-36; 87-A-37 Subdivis do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.66721 address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 fo act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits 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 c day of�`�) 200]—, Signature(s) State of Virginia, City/County —of To -wit: � 1 L Q ro S o K= I, L' i A !" ` I C- 2 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this �� day of d/. , 200 !T My Commission Expires: Mary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & DeveIopment, 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) Real Tech LLC (Phone) 703.820.2500 (Address) 2800 S Shirlin ton Road Suite 803 Arlington, VA 22206 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book on Page and is described as Tax Map Parcel 87 -A -34A• 87 -A -34B Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.6672139 `,ddress) 117 E. Piccadilly Street Suite 200 Winchester Virginia 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 X 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. k— In witness thereof, I (we) have hereto set my (our) hand and seal this % day of, 200, Signature(s) State of Virginia, City/County of i G To -wit: l A)v Jd ^' I, U \ A �� 4 O �a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged Itmheame befoxe me in the jurisdiction aforesaid this ` day of F 200�.%-�` My Commission Expires: I/Zyyg Mary Pub�ric Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.ya.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) Steven G. & Mary M. Ritter (Phone (Address) 3022 Front Royal Pike Winchester VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 501 on Page 255 and is described as Tax Map Parcel 87-A-34 Subdivision,- do ubdivision;do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 "Address) 117 E. Piccadilly Street Suite 200, Winchester Viri4inia 22601 fo act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits 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 _ _ day of�, 2004ff,� n - — Signat rre(s)_ State of Virginia, City/Go4nty of imtJa'n,r- �� r To -wit: a, � 44 1 a Notary Public in and for the jurisdiction aforesaid, certify (hat the person(s) who signed to the foregoing instrument persoIna ly appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of _ 200 . T N My Commission otary Public • • C COUNTY of FREDERICK Depariment of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, Senior Planner DATE: August 29, 2007 RE: Site Plan Discussion.— Westview Business Centre Lot 16 At the September 19, 2007 Planning Commission meeting, staff will present the site plan for the Westview Business Centre Lot 16. This site plan is being presented to the Planning Commission due to its implications on the planned relocation of Independence Drive as shown on the Frederick County Eastern Road Plan. The site is located on the existing Independence Drive near its intersection with Victory Road within the Shawnee Magisterial District. Independence Drive, which is a planned major collector road, is planned to be realigned to connect with Victory Road at a location further south and then extend to Justes Drive. 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 has been provided by the applicant and has been included in your agenda along with a location map that shows the proposed road location for Independence Drive. 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 October 10, 2007 meeting. Please contact me if you if you need any additional information. A representative from Greenway Engineering will be present at the meeting. CLP/bad Attachment 107 North rent Street, Suite 202 , Winchester, Virginia 22601-5000 Map Document: (NAPlanninq And Develonment\ 9 I nnaf— Frederick County, VA Location in the County Map Features O Hamlets �4 Future Rt37 Bypass Application Lakes/Ponds Streams Buildings streets Primary ^�s Secondary Tertiary '�- Winchester Rds �1 Urban Development Area SWSA Topography (5' interval) Site Plan SP#57-07 Application Westview Bu- siness Centre Pa reel ID: 64 -?1-16 Location in Surrounding 1\rea ` 0 125 250 50 4��K CSG W .G C y� i Case Planner: Candice - - - �• •� �r voc ivr.ttixu) olzzlzuut -- IZ:uu:I / PM 64 A 159 EFG; LC o a ¢\� 'iG�fi1 p9L q 'yF 64 A 159E c" . EFG, LLC Osga� C- 0 9/ a Q; gyp% rn r -n y c-, - x 29 t 64 A 159D VIRGIN_ IA_ i"PLE STORAGE, INCig G2 N'tNO�N 02 I OO 0Q P�R� R k -a s 64 A.159A.- 64 11 11 � r'WINCHESTER REGIONAL SGI DEVELOPMENT, LLC i . 614-11 17 ♦+ DCT & G, LLC O9 64 A 159E _ Map Document: (NAPlanninq And Develonment\ 9 I nnaf— Frederick County, VA Location in the County Map Features O Hamlets �4 Future Rt37 Bypass Application Lakes/Ponds Streams Buildings streets Primary ^�s Secondary Tertiary '�- Winchester Rds �1 Urban Development Area SWSA Topography (5' interval) Site Plan SP#57-07 Application Westview Bu- siness Centre Pa reel ID: 64 -?1-16 Location in Surrounding 1\rea ` 0 125 250 50 4��K CSG W .G C y� i Case Planner: Candice - - - �• •� �r voc ivr.ttixu) olzzlzuut -- IZ:uu:I / PM -- — - - -- —. — -- r,.... ��-.v �+uauiwa�.cuici—ora�vi—u6Z IVl.mxcl) ?JIZZ/ZUU( -- 12:UU:17 PM 04 A 159 EFG, LC 036 'rag /0064 !!C q C 1\0 r� ced r 64 A 159D VIRGINIAAPPLE STORAGE, INC < G� N\ R�Nc�N 1` ae0 00 till �p � GR A 159A ER REGIONAL 64 A 159F Man r)ncnmant- /N•\Plnnnr A—A n,,..,.r,....,,.....a, 64 A 159E EFG, LLC v ttrecteriek County, VA Site Plan SP457-07 Application Westview Business Centre Parcel ID: 64-11-16 Location in the County 64 11 11 SGI DEVELOPMENT, LLC 64 11 17 4`y C T & G, LLC O I Map Features 0 Hamlets Eastern Road Plan 4!v Future Rt37 Bypass 4%F, New MajorArterial Application - - Improved Major Arterial 69 Lakes/Ponds / New MinorArtedal -•- Streams Improved Minor Arterial Streets New Major Collector 'i. Primary #%P Improved Major Collector Secondary ftl New Minor Collector Terciary Ag Improved Minor Collector �- Winchester Rds fftp Ramp Urban Development Area SWSA J Location in Surrounding Area J SCK CpG � O 125 25050 Fee 0 gW .a,•F Case Planner: Candice �— - -----r••-•••• •-��•-.�••.r�,..,;�w�o.v�,uau�wa�.cnici orofur u6L IU/.mXq) if/ZZlZUU/ -- 12:00:17 PM -- ntei_OroiuI utsciu/.mxd) 23/22/2007 -- 12:00:17 PPA b'' 1 21 / 22 / 23 15- 91 14w, 37 bn N ` 52p 12< z19 20 46A 45� !' f \ �4ss 47` is - 59 s - n Y 15 1 15 4 1 fi i 15 � 11 15 ` \ 14 13 \�29 13 r 29 C d 47 7 30 r 15 35 0.36 '33� 32 36 34 42 40 39 - 15 43 r " 44 ��50, Y T�1 15 Eastern Frederick County Road Plan "PaNew Major Arlerial �almproved MajorArterial O1rNew Minor Arterial Improved Minor Arterial MNew Major Collector's %improved Major Collector OUNew Min or Collector { iblmproved Minor Collector 4%pRamp ®Proposed Interchanges Adopted: November 8, 2006 0 0.5 1 2 EASTERN ROAD PLAN Frederick County, Virginia Department of Planning & Development 46A. A new major collector road will connect East Tevis Street in Winchester to Front Royal Pike (US 522) with a flyover of I-81. 46B. A new minor arterial will extend from #46A to Millwood Pike (US 17/50) via the Ryco Lane alignment. 47. A new major collector road, Coverstone Drive, will connect #46B to Sulphur Spring Drive. 48. A new major collector road will extend Inverlee Way, south from Millwood Pike, to Coverstone Drive. 49. Victory Road is identified as an improved minor collector road. 50. Independence Drive is identified as an improved major collector road, and will continue south to Airport Road. 51. Airport Road, from Victory Road to Front Royal Pike, is identified as an improved major collector road. Airport Road will continue west from Front Royal Pike to Warrior Drive (#57) as a new major collector road. 52. A new major collector road will extend west from Longcroft Road and Front Royal Pike, to Warrior Drive. 53. A new major collector road will extend Justes Drive to the north to Victory Road. 54. Papermill Road is identified as an improved major collector road. Papermill's flyover of I-81 will be replaced with a new interchange just south of its current location. Also, Papermill's intersection with Front Royal Pike will be moved south to be aligned with Justes Drive. 55. A new major collector road will connect the southern leg of Papermill Road to Taker Road, south of Route 37. 56. A new minor collector road will connect #55, traverse north, west of Warrior Drive, and terminate at Papermill Road. 57. A new major collector road, Warrior Drive, from 446 to the north and Lakeside Drive to the south. 58. Shawnee Drive is identified as an improved minor collector road. 59. Valley Pike (US 11), between the Winchester City Line and the Bartonsville Historic District, is identified as an improved minor arterial. 60. Apple Valley Road to Shady Elm Road, and Shady Elm Road to Springdale Road, are identified as an improved major collector road. fl GREEN WAY ENGINEERING, 151 Windy Hill Lane Winchester, Virginia 22602 A , 1- L' / 0 Founded in 1971 August 17, 2007 County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Attn: Candice E. Perkins, AICP Senior Planner Re: Westview Business Centre — Lot 16 Eastern Road Plan Dear Ms. Perkins: The Frederick County Planning and Development review comments dated August 8, 2007 included an item concerning a potential conflict in the alignment of Channing Drive/Independence Road as conceptually depicted in the Eastern Road Plan. As requested, enclosed please find a reduced scale copy (8'/Z x 11) of the site plan sheet of our current plan set. It is our understanding that you will have this matter placed on the next available agenda of the Planning Commission as an information item. Please keep us posted on the progress of this item. If you need any other information in this regard, do not hesitate to contact me. Sincerely, Greenway Engineering Andy onlon, AICP Enclosure Cc: Bill Loveless Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 0518L AJC/ajc www.greenwayeng.com C7 • • To: From: Subject: Date: '�J� MEMORANDUM Frederick County Planning Commission Candice E. Perkins, AICP, Senior PlannerN COUNTY cif FREDERICK Department of Planning and Development Planning Commission Discussion — Dedication of Right -of -Way August 27 2007 540/665-5651 FAX: 540/665-6335 The requirement for right-of-way dedication within Frederick County for existing roads is covered under The Frederick County Subdivision Ordinance §144-17E—Expansion ofexistingright-of-way. This portion of the ordinance currently requires dedication only when property is proposed for subdivision. This section of the ordinance reads: Whenever a property proposed for subdivision abuts one side of an existing or platted public street, the subdivider shall dedicate '/z of the total right-of-way necessary to meet the right-of- way width for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. This section of the ordinance has become problematic in some circumstances due to the fact that it only requires right-of-way dedication when property is being subdivided. Therefore, if a development proposal (site plan for example) is submitted for a property on an existing street that currently does not have adequate right-of-way, unless the applicant is willing to provide the right-of- way, Frederick County cannot require it be dedicated. While staff has worked with engineers, surveyors and developers to ensure that they are providing adequate right-of-way for all projects, the wording has created problems and could potentially lead to some developments not dedicating needed right-of-way. The item was presented to the Development Review and Regulations Subcommittee (DDRS) at their meeting on August 23, 2007 and the DRRS endorsed the text amendment as presented. The attached documents show the existing ordinances, the changes to the ordinance supported by the DRRS (with bold italic for text added) and a clean version of the proposed text as it is proposed to be adopted. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Proposed Ordinance (clean version). Attachments: 1. Existing ordinances. 2. Existing Ordinance with proposed additions shown in bold italics. 3. Proposed ordinances (clean version). CEP/bad 107 Forth Kent Street, Suite 202 -- Winchester, Virginia 22601-5000 ATTACHMENT 1 § 144-17 SUBDIVISION OF LAND § 144-17 (1) Streets shall intersect at approximately right angles_ The Planning Commission may allow intersections of lesser angles. In no case shall a street intersect another at an angle of Iess than 80°. (2) No more than two streets shall intersect at the same point. (3) Wherever possible, the intersection of two streets on the opposite sides of a street shall be cross intersections_ The center -line offsets of local or collector streets not at cross intersections shall not be less than 300 feet. Any street intersecting with an arterial street shall have a minimum center -line offset of 800 feet from any other street intersecting that same arterial street. Distances shall be measured from center line to center line of the two intersecting streets along the center line of said arterial street. E. Expansion of existing right-of-way. Whenever a property proposed for subdivision abuts one side of an existing or platted public street, the subdivider shall dedicate 1/2 of the total right-of-way necessary to meet the right-of-way width standards for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right -of -way - F. Motor vehicle access. (1) All new lots created on collector or arterial roads shall meet the requirements regarding minimum driveway spacing as specified in Article N of Chapter 165, Zoning. Any lot created that can not meet the requirements of the Chapter 165, Zoning, shall provide easements for shared access that will be reviewed for approval at the subdivision design plan or final plat review stage. (2) Whenever a proposed subdivision contains or is adjacent to an existing or recorded arterial street, the Planning Commission may require road improvements, such as acceleration and deceleration lanes, service drives approximately parallel to such right-of-way, reverse frontage lots with buffers and screening along a nonaccess strip at the back of the lots, deep lots or other such treatments as may be necessary to adequately protect residential properties and provide separation of through and local traffic_ The design of such features shall be determined based on traffic safety considerations. G. Culs-de-sac. (1) Culs-de-sac, permanently designed as such, shall not exceed 1,000 feet in length_ The Planning Commission may waive this requirement in cases where extreme topography or other factors make it impractical- In no case shall the street serve more than 25 lots_ The turnaround provided shall have a right-of-way radius of not less than 50 feet and a paved radius of not less than 45 feet. Loop streets are preferred to culs-de-sac, where possible. (2) Any street dead -ended for access to an adjoining property or because of approved stage development, which is over 200 feet in length, shall be provided with a temporary, all-weather, fifty -foot turnaround. The plan shall note that the land 144:15 06 - is - 2007 ATTACHMENT 2 E. Expansion of existing right-of-way. Whenever a property proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shall dedicate '/2 of the total right-of-way necessary to meet the right-of-way width for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. ATTACHMENT 3 E. Expansion of existing right-of-way. Whenever a property proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shall dedicate 1/2 of the total right-of-way necessary to meet the right-of-way width for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner COUNTY of FREDERTC X Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Subject: Planning Commission Discussion — Sidewalks, Curb and Gutter and Street Light Requirements Date: August 28, 2007 The requirement for sidewalks within Frederick County is covered under The Frederick County Subdivision Ordinance § 144-18 — Sidewalks and Pedestrian Walkways. This portion of the ordinance currently requires sidewalks with certain development activities. This section of the subdivision ordinance requires sidewalks for the following: A. Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right -of- way of all proposed streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a grass strip between the street edge of the sidewalk and the curb face where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision containing one or more lots of less than 15,000sf in size. 2. Along both sides of all collector and arterial streets. This section of the ordinance has become problematic in some circumstances due to the fact that it only requires sidewalks on proposed streets, not existing streets. Therefore, if a development proposal (site plan for example) is submitted for a property on an existing street that would otherwise require a sidewalk, they are not required to construct a sidewalk because the street is already in existence. While staff has worked with engineers and developers to ensure that they are providing sidewalks for all developments when appropriate, the wording of the ordinance has created problems and has lead to some developments not providing sidewalks. The Subdivision Ordinance §144-33 — Commercial and Industrial Design Standard Exemptions currently provides exemptions for commercial and industrial properties for Curbs and Gutters (144-17L), Sidewalks and Pedestrian Walkways (144-18) and Streetlights (144-19). This exemption allows commercial and industrial properties that are located on collector and arterial streets to not provide sidewalks. Some examples of collector and arterial streets that have commercial and industrial properties include Valley Pike, Martinsburg Pike, Front Royal Pike, Warrior Drive, Channing Drive and Fairfax Pike. While some developments have proffered bicycle/pedestrian facilitates or sidewalks along their respective roadway, there are properties along these roadways that do not have proffers and they 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Re: Sidewalks, Curb and Gutter and Street Light Requirements Page 2 August 28, 2007 do not have proffers and they should not be exempt from providing sidewalks on collector and arterial roads. The item was presented to the Development review and Regulations Subcommittee (DDRB) at their meeting on August 23, 2007. The DRRS stated that it made sense to require sidewalks along arterial and collector roads regardless of the zoning as long as the property is located within the Sewer and Water Service Area (SWSA). It was also discussed that sidewalks along arterial and collector roads need to be wider. As far as sidewalk width, it was discussed that the four foot width requirement should remain in place for local streets but sidewalks along collector and arterial streets should be increased to five feet. It was also discussed that a ten foot pedestrian facility (hiker/biker path) should be required along streets designated in the Comprehensive Policy Plan for these facilities. The DRRS then discussed sidewalk, curb and gutter and street light exceptions for lots greater than 15,000 square feet. The 15,000 square feet requirement has allowed certain developments like Oakdale Crossing (which has street lights and curb and gutter) and Star Fort (does not have curb and gutter or sidewalks) to develop without sidewalks. It was discussed that the 15,000 square foot lot size cut-off for sidewalks, curb and gutter and streetlights should be increased to 20,000 square feet. The attached documents show the existing ordinances, the changes to the ordinance supported by the DRRS (with strikethroughs for text eliminated and bold italic for text added) and a clean version of the proposed text as it is proposed to be adopted. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Proposed Ordinance (clean version). Attachments: 1. Existing ordinances. 2. Existing Ordinance with proposed deletions shown in blackline and additions shown in bold italics. 3. Proposed ordinances (clean version). CEP/bad ATTACHMENT 1 § 144-17 SUBDIVISION OF LAND § 144-18 corridors_ Major collectors shall have a projected average daily traffic count at full build out from 3,001 to 6,000 average daily trips or be streets designated as major collectors by the Frederick County Comprehensive Plan. [Amended 9-13-1995] (a) Minimum right-of-way shall be 80 feet. (4) Minor arterial. A "minor arterial" shall be a street designed to provide for either primary or secondary through traffic movement between major secondary roads, collectors, arterials or other major thoroughfares. Minor arterials interconnect and supplement the principal arterial system with a greater emphasis on land access and a lower level of traffic mobility. The minor arterial shall have a projected average daily traffic count at full build out from 6,001 to 8,000 average daily trips or be street designated as a minor collector by the Comprehensive Plan and shall be constructed to the following standards in accordance with projected traffic: [Amended 9-13-1995] (a) Minimum right-of-way shall be 90 feet. (5) Major arterial. A "major arterial" shall be a street designed as a major carrier of through traffic having a projected average daily traffic count at full build out of over 8,000 average daily trips or be designated as a major collector by the Frederick County Comprehensive Plan and shall be constructed to the following standards: (a) Minimum right-of-way width shall be 100 feet. (b) Controlled access with service drives shall be required L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any subdivision containing lot(s) less than 15,000 square feet or lot widths of 80 feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The Planning Commission may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow fora drainage shed, would be achieved without it. [Amended 8-24-2004] M. Street signs. Street signs shall be required at all street intersections in all subdivisions. Signs other than those conforming to typical Virginia Department of Transportation standards may be permitted by the Planning Commission if the size and design are deemed appropriate. The subdivider shall submit a maintenance plan for any sign that does not conform to Virginia Department of Transportation standards, which must be approved by the Planning Commission. No occupancy permit will be issued for any dwellings within a subdivision prior to the placement of required street signs serving those residences. § 144-18. Sidewalks and pedestrian walkways. A. Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed streets and shall contain adequate handicapped ramps at all 144:17 06- 15-2007 § 144-18 FREDERICK COUNTY CODE § 144-20 intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a grass border strip between the street edge of the sidewalk and the curb face where sidewalks are required. Sidewalks are required as follows: f 11Along both sides of all local streets in any subdivision containing one or more lots of less than 15,000 square feet in size. (2) Along both sides of all collector and arterial streets. B. The Planning Commission may waive the sidewalk requirement along local streets when pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems on adjoining properties. C_ All sidewalks and walkways shall be a minimum of four feet wide. Sidewalks shall conform to VDOT standards. Alternative walkways shall be approved by the Planning Commission and shall be constructed in a manner that is acceptable to the Subdivision Administrator. § 144-19. Streetlights. Streetlights of adequate type and intensity shall be required to promote public health and safety in any subdivision containing lots of less than 15,000 square feet in size. Streetlights shall be provided at all intersections when required. The design proposal for streetlighting shall be approved by the Subdivision Administrator. The Planning Commission may waive the requirement for streetlights. § 144-20. Sewer and water service. Generally, in the sewer and water service area designated by the Frederick County Comprehensive Plan or where public sewer and water is available, such service shall be extended by the developer to all lots within a subdivision and throughout the limits of the property to adjoining properties. Such facilities shall meet all regulations and specifications of the Frederick County Sanitation Authority or other applicable federal, state or local agencies. A. Central sewer or water systems. Any person proposing the construction of a central sewer or water facility shall obtain a written agreement with the Frederick County Sanitation Authority, prior to final subdivision plat approval, which states that said facility shall become the property of the Sanitation Authority. Such systems shall only be constructed if they are in conformance with the policies set forth in the Comprehensive Plan. B. Private sewage systems. Installation of privately owned sewage collection and treatment facilities shall meet all the requirements of the State Water Control Board, the Virginia Department of Health and any other state or local agencies having authority over such installations. Such facilities shall not be designed or utilized to serve more than one residence. C. Individual on -lot systems. The Subdivision Administrator shall not approve any subdivision where a public sanitary sewer system is not provided unless a written 144:18 06- 15-2007 § 144-32 SUBDIVISION OF LAND § 144-34 of Planning and Development when the transfer of control to the property owners' association occurs. D. Financial procedures. Within subdivisions containing 20 or more lots, all funds associated with a property owners' association shall be maintained in interest-bearing escrow accounts approved by the property owners' association's board of directors. The treasurer of the property owners' association shall be bonded and shall be responsible for providing annual statements, preparing and submitting an annual budget and making financial recommendations to the board of directors. E. Maintenance. All private common areas, easements, stormwater management facilities and dedicated facilities shall be continuously maintained in a fashion where the use, function and appearance is in conformance to the provisions of the Frederick County Code. The County shall have the right to inspect any common area, easement, stormwater management facility or dedicated facility to ensure that the requirements of the Frederick County Code are complied with. If the maintenance of common areas, easements, stormwater management facilities or dedicated facilities is neglected or becomes a danger to public health or safety, the locality shall have the authority to perform the work necessary to bring the area into compliance with all applicable codes and recover all costs from the owner(s). F. Penalties. In the event that the subdivider or the property owners' association is found to be in violation of any provision established in this section, the County of Frederick shall have all powers of enforcement to ensure compliance with all applicable laws, codes and regulations. § 144-33. Commercial and industrial design standard exemptions. All commercial and industrial subdivisions shall be exempted from the following sections of Article V of this chapter_ A_ Section 144-17L, Curbs and gutters. B. Section 144-18, Sidewalks and pedestrian walkways. C. Section 144-19, Streetlights. ARTICLE VI Plan Requirements § 144-34. Certification required. All subdivision design plans and final plats shall be prepared by a registered engineer or certified surveyor duly licensed by the State of Virginia, who shall practice within the limits of his license. 144:27 06- 15-2007 ATTACHMENT 2 §144-18. Sidewalks and pedestrian walkways. A. Sidewalks shall be installed in the right of way and adjacent to the boundary of the right of way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a grass strip between the street edge of the sidewalk and the curb face where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision containing one or more lots of less than 15,000 20,000sf in size. 2. Along both sides of all collector and arterial streets located within the boundary of the Sewer and Water Service Area. B. The Planning Commission may waive the sidewalk requirement along local streets when the pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems on adjoining properties. C. All sidewalks and walkways along local streets shall be a minimum of four feet wide, sidewalks along collector and arterial streets shall be a minimum of five feet wide. Sidewalks shall conform to VDOT standards. Alternative walkways shall be approved by the Planning Commission and shall be constructed in a manner that is acceptable to the Subdivision Administrator. D. Bicycle and pedestrian facilities shall be constructed along all roadways designated by the Frederick County Comprehensive Policy Plan. All bicycle and pedestrian facilities shall be a minimum of ten feet in width. Bicycle and pedestrian facilities shall conform to VDOT standards. ATTACHMENT 2 §144-17L. Curbs and Gutter Curbs and Gutter. Curbs and gutter shall be constructed along both sides of all streets in any subdivision containing lot(s) less than 15,099 20,000 square feet or lot widths of $8100 feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The Planning Commission may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow for a drainage shed, would be achieved without it. §144-19. Streetlights. Streetlights of adequate type and intensity shall be required to promote public health and safety in any subdivision containing lots of less than 15,000 20,000 square feet in size. Streetlights shall be provided at all intersections when required. The design proposal for streetlighting shall be approved by the Subdivision Administrator. The Planning Commission may waiver the requirement for streetlights. ATTACHMENT 2 Existing Ordinance with Proposed Deletion: §144-33. Commercial and industrial design standard exemptions. All commercial and industrial subdivisions shall be exempt from the following sections of article V of this chapter: A. Section 144-17L, Curbs and gutters. e C. Section 144-19, Streetlights. ATTACHMENT 3 §144-18. Sidewalks and pedestrian walkways. A. Sidewalks shall be installed in the right of way and adjacent to the boundary of the right of way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a grass strip between the street edge of the sidewalk and the curb face where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision containing one or more lots of less than 20,000sf in size. 2. Along both sides of all collector and arterial streets located within the boundary of the Sewer and Water Service Area. B. The Planning Commission may waive the sidewalk requirement along local streets when the pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems on adjoining properties. C. All sidewalks and walkways along local streets shall be a minimum of four feet wide, sidewalks along collector and arterial streets shall be a minimum of five feet wide. Sidewalks shall conform to VDOT standards. Alternative walkways shall be approved by the Planning Commission and shall be constructed in a manner that is acceptable to the Subdivision Administrator. D. Bicycle and pedestrian facilities shall be constructed along all roadways designated by the Frederick County Comprehensive Policy Plan. All bicycle and pedestrian facilities shall be a minimum of ten feet in width. Bicycle and pedestrian facilities shall conform to VDOT standards. ATTACHMENT 3 §144-17L. Curbs and Gutter Curbs and Gutter. Curbs and gutter shall be constructed along both sides of all streets in any subdivision containing lot(s) less than 20,000 square feet or lot widths of 100 feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The Planning Commission may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow for a drainage shed, would be achieved without it. §144-19. Streetlights. Streetlights of adequate type and intensity shall be required to promote public health and safety in any subdivision containing lots of less than 20,000 square feet in size. Streetlights shall be provided at all 'intersections when required. The design proposal for streetlighting shall be approved by the Subdivision Administrator. The Planning Commission may waiver the requirement for streetlights. ATTACHMENT 3 §144-33. Commercial and industrial design standard exemptions. All commercial and industrial subdivisions shall be exempt from the following sections of article V of this chapter: A. Section 144-17L, Curbs and gutters. B. Section 144-19, Streetlights.