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PC 08-16-06 Meeting AgendaFILE COPY AGEN FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia August 16, 2006 7:00 P.M. CALL TO ORDER TAB 1) July 19, 2006 Minutes.............................................................. ...(A) ..................................... 2) Committee Reports.................................................................................................. (no tab) 3) Citizen. Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning #07-06 of Senseny Road Rentals, LLC, submitted by Painter -Lewis, PLC, to rezone two acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for four single family homes. The property is located on Senseny Road (Route 657) approximately 350' west of Ashley Drive, in the Red Bud Magisterial District, and is identified by Property Identification Number 65-A-46. Mr. Ruddy........................................................................................................................ (B) 5) Update of the 2007-2008 Frederick County Secondary, Primary, and Interstate Road Improvement Plans. The Secondary, Primary, and Interstate Road Improvement Plans establish priorities for improvements to the Secondary, Primary, and Interstate road networks within Frederick County. Mr. Bishop....................................................................................................................... (C) 6) Rezoning 409-06 of Tasker Woods, submitted by Patton Harris Rust & Associates, to rezone 58.08 acres from RA (Rural Areas) District to RP (Residential Performance) District and 18.89 acres from RA District to B2 (General Business) District, totaling 76.97 acres, with proffers, for up to 319 residential units and for commercial use. The properties are located north of Tasker Road (Route 642) east and south of Macedonia Church Road (Route 756) and west of Front Royal Pike (Route 522) in the Shawnee Magisterial District, and are identified by Property Identification Numbers 76 -A -48A and 76-A-49. Mrs. Eddy......................................................................................................................... (D) PUBLIC MEETING 7) Proposed Modification to the Boundaries of the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) and Associated Policy Text. Mr. Ruddy........................................................................................................................ (E) 8) Master Development Plan #08-06 for Russell 150, LC, submitted by Greenway Engineering, to develop 96.28 acres of B2 (Business General) zoned property with commercial land uses and 54 acres of RP (Residential Performance) zoned property with townhouses. The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and is identified with Property Identification Numbers 64-A-10 and 64-A-12, in the Shawnee Magisterial District. Ms. Perkins...................................................................................................................... (F) 9) Subdivision #10-06 for WIN, LLC, submitted by Greenway Engineering, for Commercial Use. The property fronts the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81, and is identified with Property Identification Number 54 -A -99E, in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (G) 10) Subdivision #11-06 for Ronald and Velma Simkhovitch, submitted by Mark Stivers, Esq., for Commercial Use. The property is located at the intersection of Martinsburg Pike and Park Center Drive (Route 1323), and is identified with Property Identification Number 54A -1-A, in the Stonewall Magisterial District. Mr. Cheran ....................................................................................................................... (H) 11) Other L • • 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 July 19, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Gary R- Oates, Stonewall District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Barbara Van Osten, Board of Supervisors Liaison; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: H. Paige Manuel, Member -At -Large; and David Shore, City of Winchester Liaison; STAFF PRESENT: Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Mills, Planner II; Kevin T. Henry, Planning Technician; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Kerr, the minutes of June 7, 2006 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 07/10/06 Mtg. Commissioner Light reported that the CPPS reviewed Comprehensive Policy Plan Amendments for the upcoming year. He said there were two that were going to be sent forward to the Board of Supervisors. Frederick County Planning Commission Page 1796 Minutes of July 19, 2006 Historic Resources Advisory Board (HRAB) — 07/18/06 Mtg. Commissioner Oates reported that the HRAB discussed three items. The first item was a rezoning at Woodside Commercial Center in Clearbrook, which was recommended for approval. The second item was a down -zoning at Rock Harbor Golf Course to expand the golf course and was recommended for approval. The third item was a request to include a farmhouse in the Brookneill subdivision within the Historic Plaque Program. Sanitation Authority (SA) — 07/18/06 Mtg. Commissioner Unger reported that rainfall for the month of June was seven inches, which is about double the usual amount. He reported plant operation at approximately one mgd more than normal with all of the rainfall, and all sewage went through the plant. Commissioner Unger added that the water supply was up during the month about one mgd, which is normal for hot weather. He said the City and the County are replacing filters in some of the lines; he explained that when the filters get bogged down, it reduces flow. Commissioner Unger said samples were taken throughout the County for lead and copper; all 51 samples were satisfactory. He also reported that the SA is working with two disgruntled customers who paid dues for sewer hook-ups, but didn't get their lines installed in time. Conservation Easement Authority (CEA) Commissioner Light reported that the CEA had a joint meeting with Clarke County CEA. He said the two groups met with Faye Cooper, Conservation Easement Specialist with the Virginia Outdoors Foundation, on ways the groups could work together. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC HEARING Conditional Use Permit #04-06 of Andrew Datt and Paul Anderson for a 150 -foot telecommunications facility at 1009 Germany Road (Rt. 625). This property is identified with P.I.N. 73-A-100 in the Back Creek Magisterial District. Frederick County Planning Commission Page 1797 Minutes of July 19, 2006 Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that the proposed 150 -foot monopole -type commercial telecommunications facility is located outside of the Urban Development Area (UDA) and it does not appear there will be a significant impact on the surrounding residential properties. Mr. Cheran stated that applications for commercial telecommunications facilities must provide an inventory of existing facilities in the area and staff would concur with the applicant that there are no existing facilities or appropriate structures available for collocation in this general area. He added that a minor site plan will be required for the monopole and the location of an 11.6 -foot by 20 -foot equipment shelter, as well as lighting on the tower. In conclusion, Mr. Cheran said the application for this facility has adequately addressed the requirements of Section 165-48.6 of the Frederick County Zoning Ordinance, in that a need for this facility, based on lack of coverage and capacity in this part of the County, has been demonstrated. He then read a list of recommended conditions, should the Commission fmd the application appropriate. Commissioner Morris asked the staff if the applicant of a conditional use permit must be the owner of the property, or could it be someone else. Mr. Cheran replied that it could be someone else. Ms. Shannon O'Conner, a representative for Cingular Wireless, came forward to answer questions from the Commission. Commissioner Unger asked the applicant about the possibility of using an existing facility located back towards Winchester about one mile, along Middle Road. Ms. O'Conner deferred the question to her engineer. Mr. Hershell Dailey, an Engineer for Cingular Wireless, said that based on the terrain in this area, the tower suggested would not meet their coverage objectives. Using a display, Mr. Dailey pointed out the coverage area of existing nearby sites and the coverage area of the site Cingular Wireless was proposing along Germany Road. He said that if they were to move back towards Winchester one mile, they would be too close to an existing site and would not get the coverage they needed in their target area. Commissioner Triplett asked the applicants if Cingular Wireless will be the only service provider at this location. Ms. O'Conner replied no; she said there is ability to collocate with two other providers. She said the tower height is 150 feet and the other providers would be at 140 feet and 130 feet. Mr. Paul Anderson, the property owner, said that with the County trying to slow growth in the rural areas, this tower will generate the income he and his wife need to keep their farm intact. He said the property consists of 100 acres and is good farm land; he said they would like to keep this land, so they can pass it on to their sons. He mentioned relatives who own most of the adjoining properties. Chairman Wilmot called for public comments on this application and the following persons came forward to speak: Mr. Arthur L. Ewing, an adjoining property owner at 1086 Germany Road, said that he has lived at this location for 61 years. Mr. Ewing talked about an incident that occurred four years ago on the Anderson property, involving Mr. Anderson trucking human waste onto his fields. Mr. Ewing said it made him sick and he did not want something like that to occur again. Mr. Ewing wanted to know what affect this tower would have on lightning strikes in the area and what affect would it have on the neighbors' televisions or other appliances. Mr. Ewing thought this was a poor area to construct public facilities and he was opposed to granting the application. Frederick County Planning Commission Page 1798 Minutes of July 19, 2006 Mr. Dudley Rinker, Back Creek District, said he was an adjoining land owner representing Rinker Orchards and Rinker properties. Mr. Rinker said he did not have a problem with the tower. He commented about dead spots in this area where there is no phone service. He said service was needed in this area and he supported the application. Ms. O'Conner came back to the podium to address some of the comments. She said the tower will have a seven -foot lightning rod on top. She said the maintenance for the tower will only be once a month, so in terms of impacts on traffic, it will be minimal. Ms. O'Conner said the service to the area includes Riding Hill, Marlboro Road, Stephens City, and Middletown. Chairman Wilmot next closed the public comment portion of the meeting. No other issues were raised by the Commission. Upon motion made by Commissioner Unger and seconded by Commissioner Watt, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #04-06 of Andrew Datt and Paul Anderson for a 150 -foot telecommunications facility at 1009 Germany Road (Rt. 625) with the following conditions: The tower will be of monopole -type, not to exceed 150 feet in height. 2. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. The tower shall be available for collocating personal wireless service providers. 4. A minor site plan shall be approved by Frederick County. 5. The tower shall be removed by the applicant or property owner within 12 months ofabandonment of operation. 6. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, then the conditional use permit will be deemed invalid. 7. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. (Note: Commissioner Manuel was absent from the meeting.) Conditional Use Permit #05-06 of Hilltop House, submitted by Painter -Lewis, PLC, for an adult care facility at 111 Denny Lane, off Route 7. The property is identified with P.I.N. 5513-A-6 in the Stonewall Magisterial District. Action — Recommended Approval with Conditions Frederick County Planning Commission Page 1799 Minutes of July 19, 2006 Planner Kevin T. Henry reported that the proposed conditional use permit (CUP) is for an adult care facility which is currently operating as a 74 -bed adult care facility under CUP #03-93. Mr. Henry said the proposed additional operation will take place to the east of the existing facility, and is proposed to have 68 beds, for a total of 142 beds, and create a total of 56 parking spaces for the entire site. He added that a site plan will be required to insure all issues associated with this use are adequately addressed. Mr. Henry next read a list of recommended conditions, should the Commission find this use to be appropriate. Commissioner Thomas inquired which zoning district allows this type of facility as a permitted use. Mr. Henry replied this is an allowed use by right in the B2 (Business General) District. He added that the use was only permitted in the RP (Residential Performance) District with a CUP. Mr. Scott Smith, the Administrator at Hilltop House, explained that this was a family-owned business which began in 1988. Mr. Smith said over time, they have consolidated four properties for their facility and this will be their fourth structural addition to the facility. Commissioner Morris said this was certainly a needed use and was appropriate; however, he was interested why the applicant would pursue conditional use permits, as opposed to rezoning the property. Mr. Smith said this was just the way it was handled many years ago. Mr. Smith said the Comprehensive Policy Plan indicates that all of this land along Route 7 is appropriate for B2 (Business General). Mr. Henry added that these properties were originally zoned B2 in 1967; however, during the Comprehensive Downzoning in the 1980's, it was changed to RP. Chairman Wilmot next opened the public hearing for citizen comments. Mr. Michael Whitt, a resident at 1803 Berryville Pike, said his father spoke with the Planning Staff and he spoke with the applicant, Mr. Smith, concerning an issue they have with the driveway entrance spacing on Route 7. Mr. Whitt said he believed the minimum spacing between commercial entrances was 200 feet, which is not met between his driveway and the Hilltop House's new driveway. He explained that Mr. Smith had consolidated some RP and B2 properties through there and plans to use the existing entrance that belonged to the old Shenandoah Computers. Mr. Whitt said that because of the minimum spacing requirements for commercial entrances, his property may be landlocked, if he decided to rezone his property for business. Mr. Henry said the distance requirement between driveways is 150 feet along Route 7. He stated that the existing driveway proposed for this use is grandfathered, so the distance requirement does not have to be adhered to. In addition, Mr. Henry said VDOT has approved the entrance driveway for this site. Mr. Henry said that Mr. Whitt's property is zoned RP (Residential Performance) District and has an existing driveway accessing the existing dwelling. Mr. Henry said the staff can not speculate requirements on the basis that Mr. Whitt may rezone his property sometime in the future. Commissioner Oates asked Mr. Smith if he would consider an inter -parcel connector so if the neighbor were to rezone, he could access Route 7 via Mr. Smith's driveway. Mr. Smith replied it would not be practical because their proposed building will be constructed along the full length of the property and will not leave enough room for a driveway. Chairman Wilmot next closed the public comment portion of the meeting. Commissioner Thomas said this was a good project and the location was appropriate; however, he strongly believed the property should be rezoned and not handled with CUPS; he believed it was a misuse of the CUP and the County was essentially rezoning the property through CUPs. Frederick County Planning Commission Page 1800 Minutes of July 19, 2006 There was no further discussion by the Commission. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #05-06 of Hilltop House, submitted by Painter -Lewis, PLC, for an adult care facility at 111 Denny Lane, off Route 7, with the following conditions: All review agency comments will be addressed and complied with as required. 2. All federal, state, and local regulations applicable to adult care facilities will be complied with at all times. A site plan shall be submitted and receive approval prior to construction on the site. 4. The entrance onto Route 7 will strictly be a single right -in/ right -out driveway. The majority vote was as follows: YES (TO APROVE): Unger, Watt, Morris, Oates, Light, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Thomas (Commissioner Manuel was absent from the meeting.) PUBLIC MEETING Waiver Request of Judith Shifflett, submitted by Artz & Asociates, PLC, for an exception to Chapter 144 (Subdivision Ordinance), Article V, Design Standards, Section 144-24B, Lot Requirements; and Chapter 165, (Zoning Ordinance), Article VI, RP (Residential Performance) District, Sections 165 -65(B)3,165 - 65(D)5, and 165-65(D)6 for a boundary line adjustment and consolidation of three parcels. The properties are located 1,500 -feet north of the intersection of Lauck Drive and Route 522. The property is further identified with P.I.N.s 53A -A-36 and 53A -A-37 in the Stonewall Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the parcels were created prior to Frederick County adopting zoning in 1967. He said there was no record of a master development plan or a subdivision design plan for these lots. Mr. Cheran said the Frederick County Code, Chapter 144, Subdivision of Land, requires that any new parcels created must meet the requirements of Chapter 165, Zoning; this chapter addresses lot area; minimum lot width and setbacks, and other dimensional requirements. He said the applicant has sought an exception from these requirements, as the adjacent properties are of similar size and do not have these identified factors, and are comparable in lot size. He said the applicant is seeking an exception from the lot requirements of Section 144-24B of the Code. Frederick County Planning Commission Yage 1 tsu 1 Minutes of July 19, 2006 Mr. Cheran stated that the two newly established parcels will be 10,000 square feet and 22,807 square feet, and created through land actions of a boundary line adjustment and consolidation. He said the parcels would be consistent with the dimensional requirements and lot sizes of the adjacent lots within this established neighborhood. Mr. Cheran noted that access to the proposed lots will be via Lauck Drive (Rt. 832). He added that staff is seeking administrative approval authority. W. Michael M. Artz, L.S., with Artz & Associates, P.L.C., came forward to represent the property owners, Carole K. Lineburg and Judith K. Shifflett. Mr. Artz explained that this is a situation where two sisters own three parcels of land, their mother and one of the sisters live in the existing dwelling, and the other sister and her husband want to build a house on part of the property so they can be near their mother and sister. Mr. Artz proceeded to.explain the layout and sizes of the three parcels. He said that one parcel is a 50 -foot wide strip of land running from the front all the way to the rear and contains the existing dwelling and all of the out buildings; adjacent to the left is a 25 -foot strip of land which was acquired in about 1952; and the piece in the front was acquired from Lester Elliott, which is now the Star Fort property across the road. He explained that Lauck Drive was originally in a different location and was moved when it was rebuilt; this left a strip of land between all these lots through this area and Mr. Ellott's heirs have conveyed that property to all the adjoining owners on this side of Lauck Drive. Mr. Artz said he was requesting a vacation of the property line of the piece along Lauck Drive (acquired from the Elliotts), and to vacate the existing property line between the two tracts; he said there will be a small lot in the front on the right-hand side which will contain the existing house and two sheds and the remaining lot will be a pipestem lot with a building area in the rear. Mr. Artz said that if this was approved, there would be no need for any variance requests for setbacks. He added that the parcel is within the Sewer and Water Service Area with public sewer and water. Commissioner Oates asked Mr. Artz why he did not just evenly divide the two lots and request a waiver on a reduced access easement, which would result in two lots over 15,000 square feet with a private access easement. Mr. Artz replied that he submitted two proposals to the staff, one of which was the private access easement. He said he personally believed the private access easement would be better because the existing dwelling is less than two feet away from the property line; the private access easement would actually make the house more conforming. He explained that the Code does not allow for private access easements in the RP District. Mr. Artz said he believed the applicants did not care whether the pipestem lot or a private access easement was used. Chairman Wilmot called for anyone in the audience who wished to speak regarding the waiver requests and the following person came forward to speak: Mr. Jim Shifflett, husband of Judith Shifflett, said they planned to build a ranch -style house, which would conform to the RP setbacks. He said the only problem they had was with the access to the property. No one else wished to address the Planning Commission and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Light said that in most cases, he would not approve of this; however, in this particular area, with the age element involved and the limited space available, he thought it would be appropriate to approve these waiver requests. Commissioner Oates said he would prefer an access easement waiver, rather than a pipestem lot; he thought it would be better to have two lots which were similar in size. He said the access easement would have been somewhat of a clean-up. Frederick County Planning Commission Page 1802 Minutes of July 19, 2006 Upon motion made by Commissioner Light and seconded by Commissioner Unger, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request of Judith Shifflett, submitted by Artz & Asociates, PLC, for an exception to Chapter 144 (Subdivision Ordinance), Article V, Design Standards, Section 144-24B, Lot Requirements; and Chapter 165, (Zoning Ordinance), Article VI, RP (Residential Performance) District, Sections 165 -65(B)3,165 - 65(D)5, and 165-65(D)6 for a boundary line adjustment and consolidation of three parcels. (Note: Commissioner Manuel was absent from the meeting.) DISCUSSION SITE PLAN FOR GAINESBORO ELEMENTARY SCHOOL Planner Candice E. Perkins presented the site plan for the new Gainesboro Elementary School. Ms. Perkins explained that customarily, projects which involve capital expenditures for public facilities are brought before the Planning Commission prior to site plan approval. She said the new elementary school will be located on the western side of North Frederick Pike (Rt. 522) between Chestnut Grove Road (Rt.. 681) and Gainesboro Road (Rt. 684); the school consists of a total 93,368 square feet and has a capacity of 750 students. Ms. Perkins added that representatives of the public schools system were available for questions. Commissioner Oates had questions regarding the drainfield. Mr. Stephen Kapocsi, Coordinator of Construction and Facilities at Frederick County Public Schools and Mr. Bill Shelton with Oliver, Webb, Pappas & Rhudy, Inc. came forward to address the questions. Mr. Shelton said they do not have a drainfield at this site, but instead they will have a treatment plant for treating waste water from the school. He said the water will be piped along Route 522 to Hogue Creek; he noted that they have a permit with the Department of Environmental Quality. Commissioner Unger asked if there was sufficient room for a school bus at the crossover on Route 522. Mr. Shelton said there was a plan to install a traffic light at this location; he said the buses will be stacking in the turn lane and not sitting in the medium waiting to make a left-hand turn. He said buses will not be able to make a left-hand turn until the light changes. Commissioner Unger inquired if the traffic signal would be installed before the school is finished. Mr. Kapocsi said it was his understanding that VDOT has reserved the right to request a light; however, they have not done so at this point. Mr. Kaposcsi said it was also his understanding the cross-over was going to be enlarged. Commission members preferred to have the traffic signal installed before the school opened. Commissioner Thomas asked from how far away from the school would children be bused. Mr. Kaposcsi stated that the exact attendant zones have not yet been finalized. He said the school will naturally serve the current population of Gainesboro Elementary School and also will serve some students from Indian Hollow School to relieve the overcrowding at that facility. Commissioner Thomas commented that a 750 -student elementary school would probably need to bus children from quite a distance because he didn't believe that particular area had the population to support a 750 -pupil school. Mr. Kaposcsi said that the current projections for enrollment at the school are over 500 at this time. Frederick County Planning Commission rage i aw Minutes of July 19, 2006 Commissioner Morris inquired if any alternative types of porous materials had been considered for the paved areas for cost effectiveness and appearance. Mr. Shelton said other materials were considered, but they did not find it to be a viable option in a school setting because of the volume of heavy traffic and maintenance issues. SUBDIVISION OF LENOIR CITY COMPANY OF VIRGINIA STONEWALL INDUSTRIAL PARK REGARDING THE ROUTE 37 RIGHT-OF-WAY Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Lenoir City Company application is for an eight -lot subdivision of 42 acres within the Stonewall Industrial Park, along McGee Drive. Mr. Cheran said this item is being presented to the Planning Commission due to its implications on the planned route for Route 37; he said the plans for Stonewall Industrial Park do not accommodate the Route 37 right-of- way. He added that action on this subdivision is not required and is being brought forward for informational purposes only. Comments were made by several of the Planning Commission members regarding this information. Commissioner Mohn commented that the Commission received information on another property in this same situation a short time ago; he said the clock was ticking on the Route 37 right-of-way. Commissioner Mohn said the centerline for Route 37 needs to be set and right-of-way secured, especially in the active areas for development, so the corridor can be preserved, if this remains one of the County's priorities. Other Commission members agreed. Commissioner Oates suggested sending forward a recommendation to the Board of Supervisors to require that a notation be placed on the proposed plats for Stonewall Industrial Park indicating the future Route 37 corridor, if it is legal to do so, so that future purchasers of these lots know they are in the proposed right-of- way. Secondly, Commissioner Oates recommended making it mandatory for any subdivision in an area near a planned road within the Comprehensive Policy Plan to have a note added to the plat for future owners' notification. UDA/ SWSA UPDATE Planning Director Michael T. Ruddy stated that at the July 5, 2006 Planning Commission meeting, a motion was made to bring back the UDA and SWSA Modification Exercise to the next available Planning Commission meeting. He said this will be brought back to the Commission at its August 16, 2006 meeting as a public meeting item. Mr. Ruddy said that the staff is proposing to notify the individuals who were present during the public hearing on June 21, 2006 of this item. He stated that legal advice has confirmed that a public hearing was held and closed and there is no obligation to re -open or re -advertise the public hearing. It was Commissioner Mohn's belief that the Commission should err on the side of over - notification with this type of issue, even though the legal requirements have been met. Commissioner Mohn said he would like to have not only the persons who were present at the meeting notified, but also those property owners within potentially -impacted areas. In addition, he wanted to give those individuals a little more guidance or description in terms of what is being proposed. Other Commissioners agreed. Frederick County Planning Commission Page 1804 Minutes of July 19, 2006 OTHER Chairman Wilmot noted that on occasion, the liaison committees change meeting times, which makes the liaison appointments difficult to keep. Chairman Wilmot proposed that Commissioner Kriz and Commissioner Oates serve as each other's alternate to the Transportation Committee and the Historic Resources Advisory Board meetings. ADJOURNMENT Upon motion made by Commissioner Ours and seconded by Commissioner Mohn, the meeting adjourned at 8:30 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 1805 Minutes of July 19, 2006 REZONING APPLICATION #07-06 SENSENY ROAD RENTALS, LLC Staff Report for the Planning Commission Prepared: July 27, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: June 21, 2006 Recommended Approval Board of Supervisors: July 26, 2006 Recommended Approval Pending Correction of legal advertisement. Planning Commission: August 16, 2006 Pending Board of Supervisors: August 23, 2006 Pending This Rezoning Application is being brought back to the Planning Commission in order to ensure that a correctly advertised Public Hearing is held at the Planning Commission, and ultimately the Board of Supervisors. The legal advertisement for the June 21, 2006 and July 26, 2006 Public Hearings incorrectly identified the property as being located within the Shawnee Magisterial District rather than in the Red Bud District. Upon a new recommendation from the Planning Commission, the Board of Supervisors will reconsider this application at their August 23, 2006 meeting. Prior to sending the rezoning back to the Planning Commission, the Board of Supervisors had recommended approval of the rezoning request pending confirmation of the legal advertisement of the application. It would be appropriate for the Planning Commission to reconsider this rezoning application and, after holding a new Public Hearing, forward a recommendation to the Board of Supervisors. PROPOSAL: To rezone 2 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 4 single family homes LOCATION: Senseny Road (Route 657) approximately 350' west of Ashley Drive, MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65-A-46 Rezoning 407-06 — Senseny Road Rentals, LLC July 27, 2006 Page 2 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USES: 4 Single Family Detached Residential Dwellings REVIEW EVALUATIONS: Virminia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 657. This route is the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Carl Hales rezoning application dated March 15, 2006 (revision) address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right- of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Greenwood Volunteer Fire & Rescue: We disagree with impact model as to impact on fire & rescue, but must approve. Department of Inspections: No Comment. Public Works Department: Refer to page 3, Drainage: The storm drainage analysis for the proposed 4 lot subdivision shall include an evaluation of the adequacy of the downstream culverts in the Senseny Glen Subdivision as well as the impacts of the storm flows from Dell Court. Refer to Page 3, Solid Waste Disposal Facilities: The discussion references the citizens' trash convenience facility at the Rezoning #07-06 — Senseny Road Rentals, LLC July 27, 2006 Page 3 Greenwood Fire Hall as the closest site for trash disposal. Unfortunately, this site is currently overloaded and possibly slated for closure in the near future. Consequently, we are requesting that all new subdivisions provide curbside pickup in their homeowners' covenants. This issue is generally addressed in the proffer statement which was not including in your rezoning application. Frederick -Winchester Service Authority: No Comment. Sanitation Authority: I have reviewed the rezoning proposal and agree with its statements on water and sewer. Frederick -Winchester Health Department: No objection if public water and sewer is provided. GIS: No Comment. Department of Parks & Recreation: The proposed monetary proffer appears to address the impact this development will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 4 single family homes will yield 1 high school student, 1 middle school student and 2 elementary school students for a total of 4 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only 4 new students upon build -out, the cumulative impact of this project and others, 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. Winchester Regional Airport: The rezoning request was reviewed and it appears that the rezoning should not impact operations of the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces; therefore special requirements relative to airport operations will not be requested. 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. As you have indicated in your impact statement, according to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney: Form and content previously approved by County Attorney. Rezoning #07-06 — Senseny Road Rentals, LLC July 27, 2006 Page 4 Planning & Zoninst: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A-2 Agricultural. The County's A-1 and A-2 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 (Rural Areas) District. Parcel 65-A-46 maintains this RA zoning classification. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public . facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcel comprising this rezoning application is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. Other elements of the Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are fully addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. Transportation The Frederick County Eastern Road Plan provides 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). Rezoning 907-06 — Senseny Road Rentals, LLC July 27, 2006 Page 5 Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short term designation for bicycle accommodations. Access to the site would be via a new street that would be in the form of a cul-de-sac. As located in the Generalized Development Plan for this project, the proposed cul-de-sac is located to provide access to the adjacent property to the east. 3) Site Suitability/Environment This site does not contain any areas of the following identifiable environmental features; wetlands, floodplain, steep slopes, and mature woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loam and Weikert-Berks Channery Silt Loam. The Frederick County Engineer will require a storm drainage analysis of the adjacent drainage area with the development of this property. There are no identified historic resources on, or in the immediate vicinity of, the site. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the four lot single family detached residential project will generate approximately 40 vehicle trips per day. Senseny Road, Route 657, is a two lane facility in this location. The existing Senseny Road right-of-way in this location is approximately 100 feet in width in front of this property. Transportation Program. The applicant will be constructing a new street to provide access to the four lot subdivision which will traverse the adjacent property to the east. The location of the access point onto Senseny Road is approximately three hundred feet from the closest road, Ashley Drive. The location of the proposed road would assist in reducing the number of future street entrances onto Senseny Road. The applicant's proffer statement includes a commitment making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right-of-way dedication. Anticipated frontage improvements include lane widening of Senseny Road to achieve the full section of Senseny Road across the frontage of this property and bicycle and pedestrian accommodations. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of $5,000.00 per residential lot to address transportation general Rezoning #07-06 — Senseny Road Rentals, LLC July 27, 2006 Page 6 needs in the vicinity of this project. At the time of preparation of this rezoning application the applicant was aware of the approach of other projects in the vicinity of Senseny Road with regards to the establishment of a monetary fund to assist in the implementation of future area transportation improvements such as the widening of Senseny Road and the Spine Road. The County's acceptance of proffers in this manner prompted the applicant to proffer a similar commitment to area transportation improvements. In recognition of the limited scale of this rezoning request, this approach was initially believed to be more appropriate than physically constructing widening improvements in such close proximity to the interchange with Route 37 and the proposed Spine Road. The proffered frontage improvements in support of this development in combination with the monetary proffer would achieve the desired transportation enhancements in the immediate vicinity of this rezoning request. Very recent projects along Senseny Road have proposed the implementation of a 10 foot wide hiker/biker trail along the north side of Senseny Road. This approach should be a consistent consideration as projects are proposed along the Senseny Road corridor. This project has the ability to provide such an improvement as part of the frontage improvements. B. Sewer and Water The applicant's impact to the water and sewer infrastructure and capacities will be minimal due to the limited scope of the proffered development plan. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. As you are aware, recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks a��d Recreation, Library, Cheriff'g Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. Rezoning #07-06 — Senseny Road Rentals, LLC July 27, 2006 Page 7 For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. Capital facility Single Family Fire And Rescue $720 General Government $320 Public Safety $658 Library $267 Parks and Recreation $2,136 School Construction $19,189 Total $23,290 5) Proffer Statement —Dated October 16, 2005 and revised on January 11, 2006, March 15, 2006 and April 19, 2006 The Applicant's Proffer Statement seeks to address specific commitments and the identified impacts associated with this rezoning request by providing for the following commitments: A commitment to the development of four single family detached residential dwellings. The provision of a generalized Development plan for the purpose of identifying the general configuration of the four single family detached lots and the location of the proposed subdivision street serving the residential lots. The commitment to making the required frontage improvements to Route 657, Senseny Road, in support of the proposed development, including any necessary right-of-way dedication. An off-site transportation mitigation proffer in the amount of $5,000.00 per residential lot to address transportation general needs in the vicinity of this project. A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. The creation of a Homeowners association for the purpose of managing common open space and providing curb -side pick up of solid waste. Rezoning #07-06 — Senseny Road Rentals, LLC July 27, 2006 Page 8 STAFF CONCLUSIONS FOR 06/21/06 PLANNING COMMISSION MEETING: The Senseny Road Rentals rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. The Planning Commission should pay particular attention the nature of the transportation mitigation proffer that has been proffered by the applicant. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/21/06 MEETING: There were no public comments. No issues or areas of concern were raised by Commission members. The Planning Commission unanimously recommended approval of the rezoning. (Note: Commissioners Watt and Thomas were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 07/26/06 MEETING: There were no public comments. No issues or areas of concern were raised by Board members specific to the requested rezoning. However, the Board did note that while the staff report identified the property as being within the Red Bud District, the Agenda page identified the property as being within the Shawnee District. The property is located in the Red Bud Magisterial District. The Board of Supervisors initially recommended approval of the rezoning application pending confirmation that the legal advertisement for this application was correct. Staff determined that the legal advertisement for this rezoning request incorrectly identified the property as being within the Shawnee District, rather than in the Red Bud District. It was deemed to be appropriate to reconsider this rezoning application at the Planning Commission and Board to ensure that a correctly advertised Public Hearing is held at the Planning Commission, and ultimately the Board of Supervisors. b° �' S� / --� -�'� 411► �` �- AN t, IP • IRA o/ eggsK 9 � s Gt � P O a 1 Qpl� a • SPn y °o l ate] s 1A y c1 65 A 1946 CUSSEN, REMINGTOM J r � f N *I 1P I 65 A 192 POE, ALMN S. & NANCY J, 65 A 197 Pg170N, HILD 65 A 55 ¢I A PRY QUINNELLY GROUP, LLC 55. -•� 65/A 190 DAMS, WILMER R & DONNA N L Senseny Road Rentals, LLC N Frederick County Deptol Streets /` / Tertiary RoadS w*Planning & Development Primary Roads Winchester City Roads ( R EZ 07 - 06) 107 N Ken[ Winchester, VA 226011 Secondary Roads Buildings s emvw.CO.FREDERICK.VA.US 65 - A - 46 tt m May 17, 2006 Senseny Road Rentals, LLCFradenck County Dept of Planning & Development 1177N Kent St e REZ 07 - 06 lWnchester, VA 22601 O.FREDERICK.VA.US 65 - A 46 May 17, 2006 j - el t � ,{� ry. 'i .�f'♦ �, .. � - � � s .. 3v'_�- .. !1P int i937x ',�;'�. S ti4 >`-'3`+.y �� �g, � � // n�INI'4'�tI M9 NIRNTffiW AVlVCN7WN -? Z � �.4. .,fes • �, � r� - � •. 1� f, iE � ul rs � - �o F31 e7 � 1 � R•�1 � 4 1 ' ,W 57 --- �� y'b,�\ l It �.; _•�: ' .ly�r� '� �, z - t ,�,�� . CJS 9 nticn�' •�j 4 i n i i MM 0411 If 1 ti 1 f +� Ilk 11� t _� 11 4,y w ice"`a 4 r+ ti 1€'fi70/T'�1��'9 PA '611 aw ii Streets / / Terciary Roads ^/ Primary Roads - Winchester City Roads /v Secondary Roads Senseny Road Rentals, LLC (REZ07-06) 65-A-46 Frederick County Dept of Planning &Development 107 N Kent Sl Winchester, VA 22601 s nrvvw.CO.FREhDERICK.VA.U. n 'Po � May 17, 2006 Senseny Road Rentals Proffer Statement Rezoning #: Property: 2.0 acres PARCEL ID - 65-A-46 Recorded Owner: Senseny Road Rentals, LLC Applicant: Mr. Carl Hales Senseny Road Rentals, LLC 2400 Valley Avenue, Suite 8 Winchester, Virginia 22601 Project Name: Original Date of Proffers: Revision Date(s): Greg Allen Realty Senseny Road Rentals October 16, 2005 January 11, 2006 March 15, 2006 April 19, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0502018 PROFFER STATEMEi . PARCEL ID 65-A-46 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # D? -o(- for the rezoning of parcel TM# 65-A-46 from RA to RP, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These terms and conditions may be subsequently amended or revised by the owner of the property with the permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Single Family Homes The applicant will develop the parcel to support four single-family, detached residential dwellings. 2.) Home Owners' Association The applicant will facilitate the creation of a Home Owners' Association for the proposed development. At a minimum, the HOA will establish covenants to (1) manage common open space, and (2) require all homeowners to pay for curb side pick up of solid waster. 3.) Fiscal Impact Mitigation The applicant agrees to cause the payment of $23,290.00 for each lot to the Treasurer of Frederick County, as per the Frederick County Capital Facilities Impact Model, to mitigate fiscal impacts associated with residential development. (Emergency Services; $720.00, Parks and Rec; $2,136.00, Public Library; $267.00, School Construction; 1,989.00, Public Safety; $658.00, and General Government; $320.00 per lot). Payable at time of issuance of building permit. 4.) Frontage Improvements on Route 657 The applicant will make the necessary dedication of right-of-way and the required frontage improvements to Route 657 in support of the proposed development. The dedication and improvements will be designed and submitted for approval to the Virginia Department of Transportation during the subdivision review process. 5.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of four (4) single-family detached lots and road/subdivision street location. 6.) Offsite Transportation Mitigation page 2 PROFFER STATEMEI, PARCEL ID 65-A-46 The applicant agrees to proffer monetary contribution in the amount of $5,000.00 for each detached single-family dwelling to mitigate impacts to future development. Payable at time of issuance of building permit. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant thieznnaddition to theaccepts ot erthese requ requirements of the proffers shall apply to the land rezoned Frederick County Code. Submitted By: for Senseny Road Rentals, LL City/County of , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this G day of 200 (,--, at'aLry�!Pu�bVic My commission expires: 3 page 3 _ - -"CANYON RO-IJ_'- =� 1�-•= 112 ALD . �7�'�E I I jtralARD A ti 9AlEs�Nae� Esrr' IF cmp�- r ApR! zz-1 z 1 �rn asp !lr 1 P �r ssF 2s-nq L- r B.:PRREDF I4 I A! � W. I ? '3 1 L —i L — _ J -9RGLE FAA7lLY USE MW - FAMLY l/SE SYNIXE FAMLY RL3YDEN1IAL RE�DEAIAAL 1, r RfSPDENIiAIr ._._ I w i - 1 4 � 5 I GREcoRr a rAMMr MAGiE PNI zavm: RP USE SrNaE FULY 5 \ f q RE57DENRAL ACIlEi at5 45 65-A-45 h k USE 9LY I - t DEWS LONGMEAM CONSIR LLC � r- t \ ? � ACRES 200 f 1" PINrt 65F 4 1-3 \\ 111 DEM' -04-9892 'i �O •' USER5WGYE--FAML Y` .: - 20\ ACRES a66 SENSENY R0)A-REII1pL5, LLC, PINJ: 65-A-48 ^ IVI DEER: -01-13 O �115 '. AL'9GUIDER HAVES \. PlNJt 6 4 1-4 \` `•• -_ _ USE- SINGLE FAMILY m MID.• -04-5972 RESIOENTW. ZONED: RP ACRES: 200 USE SINGLE FAABLY ` \ r, ACRES 068 `y" 2511 • _` -.^, SENSENY ROAD rAMEs BURDOLYf & ASHLEY rrNUPP �e \ r_ .,_ '`• PIN 65D-6 7-r9 -. CLENMONT= VBLAGE AS517LxAPON X N6 _OEi/ER 6 DAL: -02-!2729 Tt I I \ ,t PINAt"850-4 5-65A ZONED: RP 1 D.a: -02-11746 DEED BK\6'14 Pa: 802 11� ZONED: RP �vz- SYNGLEFAABLY y, ZONE& RP U9� S/NO'£ MLY Arl ,\ ,� ,•. ACRES 11..8R7... ( RE L` t 1 o i o� Ashley Circle _ I._ 1 <6 1 \AL DRAWN BY: GREG ALLEN REALTY PAINTER-LEWIS P.L.C■ GENERALIZED DEVELOPMENT PLAN � 2659 SENSENY RD. 6 116 South Stewart Street WINCHESTER, VIRGINIA 22602 WINCHESTER, VIRGINIA 22601 SCALE; 1'_100' DRAWN W: ces TELEPHONE (540) 662-5792 DATE:05/21/D5 J08 #0502018 FACSIMILE (540) 662-5793 PRELIMINARY DRAWING NO.: EMAIL: office@painterlewis.com GENERALIZED SITEPLAN EXHIBIT 1 IMPACT ANALYS1� STATEMENT A PROPOSED REZONING for PARCEL ID - 65-A-46 Shawnee Magisterial District Frederick County, Virginia April 19, 2006 Prepared for: Mr. Carl Hales Senseny Road Rentals, LLC 2400 Valley Avenue, Suite 8 Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 0502018 IMPACT ANALYSIS S . ATEMENT PARCEL ID 65-A-46 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section pag i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. OTHER IMPACTS 6 APPENDIX I 7 page 2 IMPACT ANALYSIS S. ATEMENT PARCEL ID 65-A-46 L INTRODUCTION The parcel is not included in any study plans of the Frederick County Comprehensive Plan. Recent development in the Senseny Road area is characterized by large subdivisions containing single family lots. The surrounding properties are generally residential and generally zoned RP. A. SITE SUITABILITY The subject parcel is within the Urban Development Area and Sewer and Water Service Area as established by Frederick County. The site has access to public water and sewer service. The addition of 4 single family lots on this property will reflect the type of residential housing found in the current Senseny Glen. Senseny Glen borders the subject parcel to both the north and east. The two parcels to the west of the subject property have been subdivided and developed as an extension of Dell Court in Senseny Glen. The subdivided lots on the subject parcel would not be serviced via the Senseny Glen Development or Dell Court, but would have its own entrance from Route 657, Senseny Road. The parcel to the north and northwest of the Senseny Glen development is also currently being developed under the name of Twin Lakes Overlook. The subject property is bordered to the south (across Route 657, Senseny Road) by Glenmont Village. For a preliminary, generalized site plan see Exhibit 4. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0120 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on the site. STEEP SLOPES According to the soil survey information and a visual inspection of the subject parcel there are no steep slopes present on the property. MATURE WOODLANDS There are no mature woodlands located on this site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: • Clearbrook Channery Silt Loam: 913 (2-7% Slopes). This soil is moderately deep, gently sloping, and somewhat poorly drained. A soft shale bedrock can usually be found at a depth of about 27 inches. The unified soil classifications are CL -ML, CL, GC, and SC. • Weikert-Berks Channery Silt Loam: 41C (7-15% Slopes). This soil is moderately deep, slightly strong sloping, and well drained. Acid shale bedrock can usually be found page 3 IMPACT ANALYSIS E ..ATEMENT PARCEL ID 65-A-46 at a depth of about 15 inches. The unified soil classifications are GM, ML, SM, GP -GM, GC, and SC. B. SURROUNDING PROPERTIES The subject parcel is bordered to the north by three (3) lots that are part of the Senseny Glen development. These lots are TM#s 6517-22-110, 65F-22-111, and 65F-22-112 and are all zoned RP and are used for single family residences. To the west are three (3) lots that were developed on an extension of Dell Court, which is part of Senseny Glen. These parcels are TM#s 65F-4 1 -2, 65F-4 1-3, and 65F-4 1-4. These parcels are also zoned RP and currently in use for single family residences. The subject parcel is bordered to the south by Route 657, Senseny Road. Immediately across Route 657, Senseny Road, the subject parcel is adjacent to three (3) lots in the Glenmont Village development. The lots are TM#s 65D-4 5-65A, 65D-6 7-18, and 65D-6 7-19. TM# 65D-4 5-65A is owned by the Glenmont Village Homeowners Association, is zoned RP, and is used as open space for the development. The other two (2) parcels to the south are zoned RP and used as single family residences. The subject parcel is bordered to the east by TM# 65-A-45; this parcel is zoned RA and its use is listed as single family residential. Additional adjacent property owner information can be found in Exhibit 1. C. TRAFFIC The subject parcel in this rezoning request is located on Route 657, Senseny Road. The property is located approximately 575 feet east of the intersection of Route 657, Senseny Road and Senseny Glen Drive. This intersection is the main entrance to the Senseny Glen development. Because of the location of this intersection and an existing driveway, a waiver to relax VDOT requirements will be necessary to create the street intersection. The 2002 VDOT Mobility Management Division estimates that the annual average daily traffic volume on this section of Route 657, Senseny Road, is 1,800 vehicles per day (between Rossum Lane, Rt. 736, and the Clarke County Line). The ITE Trip Generation Manual, Seventh Edition, was used to approximate the average daily traffic that will enter and leave the subject parcel. The owner of the subject parcel has indicated that the intended use for the subject parcel upon rezoning would be for single family residences. We have selected land use 210, Single -Family Detached Housing to model the traffic count for the site. The ITE Trip Generation Manual describes the Single -Family Detached Housing use as follows: "all single family detached homes on individual lots. A typical site surveyed is a suburban subdivision". The parcel contains 2.0.acres. The preliminary generalized siteplan for this site (Exhibit 4) shows that the layout and number of proposed lots. An amount of $5,000 per lot will be generated to help mitigate the impacts of future development. Single Family Detached Housing Code 210 Based on four (4) dwelling unit development: ■ Weekday: 9.57 trips per dwelling unit = 39 trips page 4 IMPACT ANALYSIS S ..-JEMENT PARCEL ID 65-A-46 ■ Weekday A.M.: Peak Hour: 0.75 trips per dwelling unit= 3 trips ■ Weekday P.M.: Peak Hour: 1.01 trips per dwelling unit = 4 trips ■ Saturday: 10.10 trips per dwelling unit = 41 trips ■ Sunday: 8.78 trips per dwelling unit = 36 trips D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the Frederick County Sewer and Water Service Area and would be served by the municipal water supply. E. WATER SUPPLY The site is inside the Frederick County Sewer and Water Service Area and would be served by the municipal sewer system. F. DRAINAGE According to the USGS topographic map and the Frederick county soil survey it appears that this site has gentle slopes. Drainage appears to flow toward the Senseny Glen Subdivision. Senseny Glen has an existing network of culverts and storm water management facilities. Subdivision plans for the proposed four lot development should include an analysis to determine the adequacy of the downstream culverts and the impacts of off-site runoff from Dell Court. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located at Greenwood Volunteer Fire Department on Route 656, Greenwood Road. According to the Public Works Department, this site is currently overloaded and possibly slated for closure in the near future. Each individual homeowner would be responsible for their own solid waste removal. Please refer to the attached Proffer Statement. There would not be a substantial increase in solid waste disposal costs imposed on the county by the rezoning and subsequent subdivision of this parcel. H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. There are 13 sites, two (2) being potentially significant sites, identified in the Frederick County Rural Landmarks Survey, within a mile of the site. The potentially significant sites are the Fuller -Chapman House and Ford -Braithwaite. The remaining identified sites and their proximity to the subject parcel can be seen in Exhibit 2. page 5 IMPACT ANALYSIS S .-JEMENT PARCEL ID 65-A-46 The subject property is also not located in an area considered to be a historic Civil War battlefield region by the NPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been attached as Exhibit 3. I. COMMUNITY FACILITIES EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Volunteer Fire Company located on Route 656, Greenwood Road. No additional fire and rescue facilities will be required as a result of the proposed rezoning. The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $720.00 per lot, or $2,880.00. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $2,136.00 per lot, or $8,544.00. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: v Public Library - $267.00 per lot, or $1,068.00; v School Construction - $19,189.00 per lot, or $76,756.00; v Public Safety - $658.00 per lot, or $2,632.00; v General Government - $320.00 per lot, or $1,280.00. The net capital facilities impact is $23,290.00 per lot, or $93,160.00. page 6 IMPACT ANALYSIS S. ATEMENT PARCEL ID 65-A-46 IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 - PROPERTY MAP 1 EXHIBIT 2 - HISTORIC STRUCTURES MAP 2 EXHIBIT 3 - CIVIL WAR BATTLEFIELD MAP 3 EXHIBIT 4 - PRELIMINARY GENERALIZED SITEPLAN 4 EXHIBIT 5 - FUTURE ROUTE 37- SENSENY ROAD INTERSECTION 5 EXHIBIT 6 - PROPERTY DEED 6 EXHIBIT 7 - CURRENT TAX STATEMENT 7 EXHIBIT 8 - DEVELOPMENT IMPACT MODEL 8 EXHIBIT 9 - PROFFER STATEMENT 9 page 7 IMPACT ANALYSIS S. ATEMENT PARCEL ID 65-A-46 EXHIBIT 1 - PROPERTY MAP page 8 GREG ALLEN REALTY DRAWN BY: 2659 SENSENY RD. PAINTER-LEWIS, P.L.C. WINCHESTER, VIRGINIA 22602 .0 116 South Stewart Street CALE: 1'=100' I DRAWN BY: CBS WINCHESTER, VIRGINIA 22601 JOB #0502018 FACSIMILE (540) 662-5793 OVERALL SITE DRAWING NO.: IMPACT ANALYSIS S, ATEMENT PARCEL ID 65-A-46 EXHIBIT 2 - HISTORIC STRUCTURES MAP page 9 L ( Q JISTORICAL PROPERTY KEY 108 - VALLEY MILL FARM** 396 - HOUSE, ROUTE 659 397 - ADAMS FARM Lv W cl , Z 398 - HAGGERTY Q 0=11 Q w HOUSE 423 o - BRAITHWAITE HOUSE W 0 V 1133 - FULLER-CHAPMAN HOUSE** 1134 - CARPENTER HOUSE 1150 - CARTER-LEE-DAMRON HOUSE Q Z V U 1151 - FORD-BRAITHWAITE** 1152 - OUTBUILDINGS, RT. 657 W N pw 1153 -CARPER HOUSE W W 1154 - TICK HILL (j 1155 - HOUSE, RT. 657 If w = LL - 0 0 n a U J N OTE: ** INDICATES A POTENTIALLY SIGNIFICANT U) _5 ! t 'co'SITE AS DENOTED BY THE RURAL LANDMARKS o v co c SURVEY REPORT OF FREDERICK COUNTY W 3 o ^ 'o vl nom© =sC N r V) t O W L ZILL a a zo J 7) b to � Z_ O U SURVEY: C.I.: NA NON DRAWN BY: JOB NO.: 1200 0 1200 SEM 050201E SCALE: DATE 1"=1200' 09/28/0` SHEET: Scale 1' = 1200 ft IMPACT ANALYSIS S. ATEMENT PARCEL ID 65-A-46 EXHIBIT 3 - CIVIL WAR BATTLEFIELD MAP page 10 11 CIVIL WAR SITES Frederick County Planning E bevelopnent l Civil War Battlefields and Sites Vinchvstcr, Virgirio 1 (As Defined by the NPS Shenandoah Valley Civil War Sites Study) 12-10-97 IMPACT ANALYSIS S. ATEMENT PARCEL ID 65-A-46 EXHIBIT 4 - PRELIMINARY GENERALIZED SITEPLAN page 11 77 R232 "CANYON ROAD,- r ! ' I r ' , , i H��� . Wr 7,, I r E !_ ;I 1! raiARD A H9�S{�TEs� IEsrAiEcaaw.- 12I_n PG: 524 i._...... _i zawm: RP i I I z?7EP— L 'SINGIE'FAMILY USL SNGLE FAMILY USE- SINaE FAMILY 1 1 I'' RES IYAL R£$T 1IAL RE51GURMm ._. GREGORY 3 TAMMY MACEE j PINit W-4 1-2. DEEP, -04-25140' ZGNE D. ,r USE SNOLE FAMLY / p� � RE51DE7Vn�11 t/ ,-- 45 ACRES i / ---- $ amEs EDMONDS ar .: 7 85-A-45 0.8.: 759 PG: 1307ZCAIED: RA I USE: 51NCYE FAMILY � nAL DEWS LLWGERBEAM CONSTR LLC, `' � ACRRES 200 ., ANS -0 4 1-3 - DEED -04-9892 'r �p y RESDENnAL f 44 25fi N ACRES aB6 f � F rn l SENSENP ROAD -'RENTALS, I.I.C. O PIN& 65-A-48 IV I ALE7vINDER HOM\..., DEED: -02-13115 O PWkt 9-q 4 1-4 �' - ZONED: RA m s_ USE DIED: -04-5972 REESIDESIU FAMILY NTIAL ' •., - ZONED: RP ACRES: 2.00 ' _ ... M.. ..., ... _ USE SNGiE FAUX Y 4 RES TIAL 1 ACRES 0.68 i SSEYVMVY ROAD 7 777 1 ' `, • e, JAMES SURD=KEWN R, h AWAt 650-6 ` CLEN PIN#` 650-4 5�A � TKI'l 50-D S 0.&: -02-12729y D.E.: -02-11746 ZLWED: RP I I GEED: BX. .614 PG: 802 SE SNOLE FAMILY ZGNED:_ RP W �. o� AD? ZONM, RP LsE R NrxE Mir REs vnAEi I ! ,I I I 100 0 : lo� Ashley Circle_ _,... _. v .may I some DRAWN BY: GREG ALLEN REALTY ' 0. " - -- PAINTER-LEWIS, P.L.C. GENERA 659 SDEVELOPMENT E SEOP RED T PLAN L 10 116 South Stewart Street WINCHESTER, VIRGINIA 22602 WINCHESTER, VIRGINIA 22601SCALE: ,._,00DRAWN -BY-'rgg TELEPHONE (540) 662--5792 JOB #QS02018 DATE: os/z1/Ds FACSIMILE (540) 662-5793 PRELIMINARY DRAWING NO.: EMAIL: office@painterlewis.comGENERALIZED SITEPLAN EXHIBIT 1 IMPACT ANALYSIS S, ATEMENT PARCEL ID 65-A-46 EXHIBIT 5 - FUTURE ROUTE 37 - SENSENY ROAD INTERSECTION page 12 LA d i I 'Ir } �' LJI t1� J71 i i �! I!i A. Ll rf u LLIJ E r, {V r, }rt7 J L_ill-J uI Z[!t' \ \ �_Jj/ •!`1•j-v�'`+ i— SENSERY ROAD 1 /C3 Gi \ ? '' RENTALS, U.C. PIN/: 65-A-46 DEE D: -02-13145 _.. MI� ZONED: RA%r., r .iC Cl I1 �( r-lr' I , - _ -� /\ - �- USE: SINGLErAMILY \\ �--, I •7� L.—_. �\\\ - RESIDENTIAL + V L\�/l.0 "\. ! 1 \\ \ ACRES: 2.00 \moi 1 I11 r� Ir \\ \--��\�� 1 kl 1 -�1 1 ❑ ! �\\ \\\ � -�\ �_ ��\ r't r`-1 1 � �� co y�.r/J. . F-1 if L -j Ni ,`C-� / v � 1' }\C� i \\ 1C 1, t {`"� } h\ \\ __ �.,}--•^, 1 - \ (yc "0 ` y�tt--rl cif _ / IL I - It 301�Nv- ./ _ clf o 0 zzQzLTJ W = (cW. Q \\ �nzy I l' a Of CD Lr_I 0 Ld LLI LL, LL - I^ O r /`3 CL E ,r y�Luv v a E o W U — w 1 \I LLI I� �Z z 1 (� OZ r � SURVEY: C.I: FRED. CO. 1' r �* DRAWN BY: JOB NO.: CBS 0502018 D 0 v+ 200 , SCALE: DATE: 2 lZM- 1"=200.0 3/14/06 SHEET: 4 ^fa a �. _ a=.n {} Il Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The DIM projects that, on average, residential development has a negative fiscal impacts on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after December 1, 2005 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $23,290 Town Home Dwelling Unit = $17,731 Apartment Dwelling Unit = $ 9,064 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment - Fire And Rescue $720 $528 $540 General Government $320 $245 $245 ✓ Public Safety $658 $503 $503 Library $267 $204 $204 Parks and Recreation $2,136 $1,634 $1,634 School Construction $19,189 $14,618 $5,940 Total $23,290 $17,731 $9,064 A "read-only" copy of the Development Impact Model is available on the public workstation within inti Pluninny and Development's office. A user manual is also available. 12/1/05 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount Paid $ J b oning Amendment Number =d�. Date Received /S o C.Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: - LSi,71-6'FLC- , -Y6td s C. Telephone: 540-6(,2-5-75a Address: 116 5T• a• o1 2. Property Owner (if different than above) Name: �� n��o, V ar� R 15 LLC. Telephone: Mr. ar ► I -tales Address: 2600 VAa,-v Avg ,, ig e LA 22661 3. Contact person if other than above Name: Telephone: 4. Checklist: Check the following items t at have been included with this application. Location map Agency Comments =� Plat Fees ✓ Deed to property✓ Impact Analysis Statement Verification of taxes paid �� Proffer Statement 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: PnS2_n-'/ RMd RFnic(l s , L -L -c- - IM r , of I Ha es 6. A) Current Use of the Property: ,9;Nct t-A,,,;ty erd S%re� B) Proposed Use of the Property: 1,,x,4, 5 IrA„ w s g�akrrs�e� (A,1l 1 L. -r) 7. Adjoining Property: PARCEL ID NUMBER , y 111 USE ' lJgeiLIE IFA&i iL Y �e s //n•�;�r. �ar��L`: Qty ZONING AZA .A RIP 2� 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): ` mac Z-C'.i ►s Loc �i �� �ltlY2ft} 1®1 ofZ JTF- 12 formation to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Districts o� Magisterial: N- Fire Service: eVZr4 WjjD Rescue Service: ,,V_t,�D High School: j10,���aoK Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2. Q b I1 A Z GG Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Square Footage of Prouosed Uses _ Service Station: Manufacturing: _ Warehouse: Other: 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s c�r,a�e�7 Date: 17 !3 (P Date: Owner(s): � Z-4jG Date: / (� Date: 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the 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. ILName and Property Identification NumberT Address Name Property # Name Property # _ — S Name 0! - ��cAL 7R Z406 Vau.,i. V Xv,. W in:GtiGSCw�, VA. Z2.G01 Property # 5 Name T Z l 2 CAWIIla 'iZO. -'z ✓A. 2Z�o2 Property #WWCWVtrka, 15 03/16/20H 08: 59 5406625793 PARJERLEWIS PAGE 02 Special Limited Power of Attorney County of Vrv-d-erlck Virginia Ipla.hning Of3EieE, Coof Frederick, Virginia, 107 North YEnt Street, Winchester, virginta 22601 Phone 340-665.56x1 FaeglmUt 540-665:695 RnOw X1,1 Mtn By These Presents: That X (We) ,' / (Name) �trvh�;j �sL� �t� b ��l� LS Z-�,(7Phote) 666-1%F,� (Addrtss) the d%AMI U(s) of all tb080 gaits orparcels of laid ("property") conveyed to me (us), by deed recorded in the Clerk's Office of the Ch-cuit Com't of Via County of Frederick; VirViinia, by h strum=t 1`T0_ L31on page `-_._ =d is 4escnbed at Parcel: 6 Lot !- _ dock: _A_Section; 6 Subdivision: do hereby make, constiitutc &ad appc&= -- (Ad&ee3) a Siewa r f St. 22 (v6 i 'TO act as my true and lawful att4rncy-in-fart foT and is my (out) nacre, plaoo and stead with. full power acid authority z (we) would have if acting personally to file planning applications for my (our) above described. P.y. operiy. including: lir RezonbV (Inclu.ding proffers) Q Condidonal Use Pernat& El Master Development Plsn, (Preliminary and Final} l7 Stxbdivltfioxi Site Platt -My attomL-y-in-fact shall ba-va the auftrity to offer proffered conditions and to malas amezldments to preAously approved proffered conditions except as follows: This authorization shall expire one year from the day it is sip, 4 or until it is othermse rescinded or modified.-� In Witness ess thereof,k (we) leave bexeto set my (our) hand and seal thiS4 `day of 4' L , 200L Siglls.t e(s) 9 State of Nr4nia, /County► of _ j_i1 1� , To -wit: Z, �4, 6 Notary Publie. in and for the jurisdiction aforesaid, certify that the penon(s) who signed to the foregoing instnunent and who is (are) known to me, penonally appeared beforem,��" and has acknowledged. the same before me in the jurisdiction aforesaid this 12 day of a t% -0(] C� . l� -1 -C My CommissionIrxpires; r? 'N Puis J. 000 ''Jy,:. - �' MAGNETICS 1971 i' I00' .50' 0 100' 1 it - • - - SCALE IN FEET' t DE HAVEN'S OTHER LAND ' L 356S'I6`08"E 200.00, 4 Z J -1 PORTION OF LAND- o to �Y1— �,;' MRS. DE. HAVEN y f < r e? l C w 2.001 ACRES z , Z Ln laJ N <' ;6 _ M { UJ G f - Z N z 107C2� :A 92.39' �- 000.00' TA 'rI�E` LND N66°50'30"W N07 68'16'03 OF PATT®N1L ESKh°IDCaE t to r 1 r ,. - t • 9:`a.. �.:.:.• e•'above tract of land, located on the North .side `of Road No.•� 657,. out )I ;miles Eastof Winchester, and situate in Shawnee' P�iagi steria Di -6 . Frederick County, ,Virginia, 'is bounded as follows Beginning at (1) an faron peg.ri tYg,.North.•side of `Road Igoe 657,; said .,point being $00.00 'feet West of t In West line of tin 1 a o£ Patton .& Eskridge;�them a with the'North side, of, Road No. t .`73•;66• deg. 16. miin. O8 sec. W 92.39 fest to (A) thence , ' N'66 ,"deg, 50. Min. 38 :13ac..W 107.62 fe et to' (2 j an iron pe g; t,} Ghc s r Wath 3,.`nese diviis on lirs s'. through the 1 and of Mrs. ' DeHaven' t H 23: deg. 4min.. •72 sec.' •E•" '436.68 feet: to (3) ,m iron: peg; :thence J VV Uu6s LV JL1.L . VO tipc.'-A IGVV.VV '1kJ tit t0 •(LFA •L3.CL 1.Z'ULL, jJGi �j'-I,rLlC 3�.4a d:: r t > t G 6, S 23dei. �3 min.'• 52 sec.1 W: 135.60 feet to the .point of beiinning :Containing,.,. 2.001 Acres morQd or lei ss/�s. V Richard U. Goode,' Corti fled SurveyorA' June 8, 1971. RIGHARCI!�f R��O ° coUNrr; SCT. ��gg '•''; • • J TO: Planning Commission COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEM )RANDUNI FROM: John A. Bishop, Transportation Planner RE: Six Year Road Improvement Program DATE: July 27, 2006 At the July 24, 2006 meeting of the Transportation Committee, the Committee voted to recommend approval of the draft Interstate, Primary, and Secondary Road Improvement Plans for Frederick County. This recommendation is now forwarded along with drafts of the plans for your consideration. You will find that there are no significant changes to the Interstate and Primary plans, with the exception of expanding upon the scope of Route 11 improvements and increased consideration of safety improvements to 1-81. There is continued emphasis on completion of Route 37 as a priority for the County. In the Secondary Road Improvements plan, a number of projects have been added as revenue sharing, rural hard surfacing requests have been rated and the three with the highest rankings have been moved from the unscheduled to the scheduled list. Those roadways are Chestnut Grove Road, Indian Hollow Road, and Ridings Mill Road. Staff is seeking a recommendation for the Board of Supervisors on these road plans. Attachments 0IT1I 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 2007-2008 INT, TERSTATE ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA DRAFT Frederick County Transportation Committee: July 24, 2006 Frederick County Planning Commission: Frederick County Board of Supervisors: I-81 Improvements: Provide additional travel lanes on the main line, collector -distributor lanes adjacent to the main line, modifications to existing interchange areas, and develop new interchange areas and bridge crossings of the main line as recommended by the Interstate 81 Study and the Winchester Area Transportation Study (WATS). Moreover, the County of Frederick supports exploration of the potential for rail transportation as a component of the Interstate 81 Corridor improvements. A) Make Safety and Operational Improvements at Exit 310 (as illustrated on map as priority A) B) Widen I-81 from Fairfax Pike to Route 37 North. This should include the relocation of the 277 Interchange, Exit 307, further south to alleviate existing and future congestion on Fairfax Pike. From: Route 277, Exit 307 To: Route 37 North, Exit 310 (as illustrated on map as priority B) C) Widen Remainder of I-81 in Frederick County From: West Virginia line To: Warren County line (as illustrated on map as priority C) D) Spot Improvements on I-81 in Frederick County. Provide spot improvements at various interchanges and rest area ramps to increase capacity and/or enhance safety for the motoring public ud ? An= 2007-2008 1. Interstate Improvement Plan DRAFT Exit 310 B Widen 307 - 317 AWC Widen N & S City/ Town Bounday 0 0.5 1 2 3 4 — Miles Created by Frederick County W+E Dept of Planning & Development July 21, 2006 S DRAFT 2007-2008 PRIA/11 RY ROAD 1MAI PROYEl` ENT PEAK for FREDERICK COUNTY, VIRGINIA DRAFT Frederick County Transportation Committee: July 24, 2006 Frederick County Planning Commission: Frederick County Board of Supervisors: 1) Route 37 Bypass A. Route 37 - Phase 1 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate 1-81 to Front Royal Pike (Route 522 South) and the northern segment from Interstate 81 to Route 3 7. (As illustrated on map as priority IA) B. Note: It is intended that the first phase of Fairfax Pike (Route 277), as identified under item #2, shown below, be programmed for construction following the completion of Phase I of the Route 37 Eastern Bypass. (As illustrated on map as priority 1B) C. Route 37 - Phase 2 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between Front Royal Pike (Route 522 South) and Interstate 81 to the north of Exit 317. (As illustrated on map as priority I C) D. Route 37 — Jubal Early Drive Interchange (As illustrated on map as priority 1D) 2) Route 277 (East of Stephens City) From: I-81/Route 277/Route 647 Intersection (East of Stephens City) To: Route 340/Route 522 South Intersection (East of Double Toll Gate) Phase 1: From the 1-81/277 Interchange to Route 636 (As indicated under note for priority 1B) Phase 2: From Route 636 to Route 340/Route 522 (As indicated on map as priority 2) County staff to work with site developers to acquire dedicated right-of-way and achieve grading, drainage, and construction improvements in conjunction with development projects which occur along the corridor until such time that funding is available for construction. Establish a construction schedule for the phased improvement of Fairfax Pike (Route ?771 Program funding for the completion of right-of-way acquisition and construction of each phase as described above. 3) Route 11 (North and South of Winchester) A) Establish an Urban Four Lane System From: Southern limits of the City of Winchester To: 0.4 miles south of intersection of Route 37 South, Exit 310 (As illustrated on map as priority 3A) B) Establish an Urban Four Lane System From: Northern limits of the City of Winchester To: Intersection of Route 761 (As illustrated on map as priority 3B) C) Establish an Urban Four Lane System From: Intersection of Route 761 To: West Virginia line (As illustrated on map as priority 3C) 4) Commuter Park and Ride Lots Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work with the Northern Shenandoah Valley Regional Commission to determine appropriate locations for park and ride facilities at other strategic locations within the County's Urban Development Area. (As illustrated on map as priority 4) 2007-2008 SECONDAPZY ROAD MPROVEMENT PLAN for FREDERICK COUNTY,VIRGINIA DRAFT Frederick County Transportation Committee: July 24, 2006 Frederick County Planning Commission: Frederick County Board of Supervisors: FREDERICK COUNTY MAJOR ROAD IMPROVEMENT PROJECTS 2007/2008 through 2012/2013 Major road improvement projects command the reconstruction of hardsurfaced roads to enhance public safety. Improvements required for road width, road alignment, road strength, and road gradient are considered major road improvements projects. a v..c F..J.a &' U LU w Q 0 w cn Z W 0 Z o o W H U ULU z ��D aLU w ) ILL LU 0 as a� > v a W 1) 656' Greenwood Road Route 657 Route 655 4400 1.36 miles SH/RB $4,501,900 UN/SH Feasibility Sulphur Springs Phase 2) 655' Road Route 656 Route 50 5700 0.78 miles SH $6,461,900 UN/SH Feasibility Phase 3) 1520 Inverlee Way Route 50 Route 657 N/A 1.06 miles SH Revenue UN/SH Feasibility Sharin Phase 4) East Tevis Street 0.2 Miles Route 522 N/A 0.2 miles SH Potential UN/SH Feasibility west of Rt. Revenue Phase 522 Sharing * Tn Fra rnnc�r...rto.l a v..c F..J.a &' Frederick County Maj®r Read Improve -,meat Projects 1 2007/2008 thru 2012/24013 =recerick C -q y Dept of r,b-ing S Development '.07 N Kant Sl N inchester, VA 7... �f✓✓' �-MSREDERIGK.VA.US July 21. 2005 ���F� 1. Greenwood Road Parcels 2. Sulphur Springs Road City/ Town Bounday 3. Inverlee Way (Revenue Sharing) 4. East Tevis Street (Potential Revenue Sharing) FREDERICK COUNTY HARDSURFACE ROAD IMPROVEMENT PROJECTS 2007/2008 through 2012/2013 Hardsurface road improvement projects provide impervious resurfacing and reconstruction of non- hardsurfaced secondary roads. Hardsurface improvement projects are prioritized by an objective rating system, which considers average daily traffic volumes; occupied structures; physical road conditions including geometrics, drainage, and accident reports; school bus routing; and the time that project requests have been on the Secondary Road Improvement Plan. W U ~ W � W Q W 0) Z Z QOQ Z Z wv UJI HH WW Z O O ~ W}O 2O P: LU 0 4 tip HU 0 �JU aQ t7— a� w � v � c a 1a) 705 Ebenezer Church Road 2.0 miles Route 522 170 2.0 miles GA $286,400 03/07 Potential Rural west of Rt. Rustic 522 1 b) 705 Ebenezer Church Road 0.25 miles 2.0 miles 170 2.0 miles GA $288,590 03/08 Potential Rural east of Rt. West of Rt. Rustic 703 522 2) 681 Chestnut Grove Road Route 805 Route 685 270 1.62 miles GA $298,044 03/09 Potential Rural Rustic 3a) 679 Indian Hollow Road 0.3 miles 1.5 miles 140 1.20 miles GA $221,380 03/10 Potential Rural west Rt. west Rt. Rustic 608 608 3b) 679 Indian Hollow Road 1.5 miles 0.50 miles 140 1.30 miles GA $223,479 03/11 Potential Rural west Rt. east Rt. 600 Rustic 608 4a) 709 Ridings Mill Road Rt. 735 1.30 miles 160 1.30 miles OP $200,606 03/12 Potential Rural south Rt. Rustic 735 4b) 709 Ridings Mill Road 1.30 miles Rt. 636 160 1.40 miles OP $250,000 03/13 Potential Rural south Rt. Rustic 735 671 Woodside Road Rt. 11 0.4 East of 50 0.4 miles ST Funding By UN/SH Potential Rural Rt. 11 Others Rustic Frederick County Dept of w Planning & Development 107 N Kent St VUncnester, VA 22601 s—,CO,FREDERICK,VA.US July 21, 2006 FREDERICK COUNTY UNSCHEDULED HARDSURFACE ROAD IMPROVEMENT PROJECTS RATINGS UPDATED July, 2006 2007/2008 through 2012/2013 lieL 7;JV LL ZFO Z ` O Z q J.- Z W V Z Z 0 LL O �N aQ _� D 0U �� 1) 692 Pack Horse 1.2 Mi. NE Rt. Route 671 200 1.4 GA 112 Road 600 miles 2) 707 Hollow Road W. VA Line Route 610 200 1.6 BC/GA 110 miles 3) 629 Carter L Lane Route 631 Route 625 290 1.8 BC 109 miles 4) 629 Laurel Grove Route 622 2.5 Mi. W. Rt. 180 2.5 BC 106 Road 622 miles 5) 733 Fletcher Road Route 50 Route 707 120 1.3 GA 100 West miles 6) 676 Warm 0.83 Mi. N Rt. Route —677-240 0.83 GA 98 Springs Road 677 miles 7) 734 North Sleepy 1.27 Mi. SW 2.27 Mi. SW Rt. 140 1 mile GA 98 Creek Road Rt. 522N 522N 8) 636 Canterburg Route 640 Route 641 130 1.5 OP 98 Road mile 9) 612 Fishel Road Route 600 Route 600 30 1.6 BC 96 miles 10) 730 Babbs Route 654 Route 677 50 0.9 GA 91 Mountain miles Road 11) 638 Clark Road Route 625 Route 759 70 0.8 BC 87 12) 661 Wright Road Route 669 WV State Line 140 miles 1.84 ST 85 miles 13) 695 Middle Fork 2.3 miles W. VA State Line 30 0.9 GA 84 Road north Rt. 522 mile 14) 677 Old Baltimore Route 676 Route 672 200 1.2 GA 83 Road miles 15) 644 East Parkins Route 50 East Clarke Co. 260 0.81 SH 79 Mill Road I miles 16) 607 Heishman Route 600 End of State 100 0.78 BC 78 Road Maintenance mile 17) 636 Huttle Road Route 709 Route 735 150 1.1 OP 74 i 18) 671 Woodside Route 669 W. VA State Line 220 miles 0.3 ST 73 Road miles W F- W Q W U U}- U U CO) Z O W- Uj 0 Q FLLI UJLL j FULLNAME I RATING RANK Pack Horse Rd 112 1 Hollow Rd 110 2 Carters Ln 109 3 Laurel Grove Rd 106 4 Fletcher Rd 100 5 Warm Springs Rd 98 6 N Sleepy Creek Rd 98 7 Canterburg Rd 98 8 Fishel Rd 96 9 Babbs Mountain Rd 91 10 Clark Rd 87 11 Wright Rd 85 12 Middle Fork Rd 84 13 Old Baltimore Rd 83 14 E Parkins Mill Rd 79 15 Heishman Ln 78I 16 Huttle Rd 74 17 Woodside Rd 73 18 S Timber Ridge Rd 73 19 Cougill Rd 61 20 Tmberlakes Ln 1 541 21 Frederick County Unscheduled Hardsurface Road Improvements Projects Ratings Updated July, 2006 2007/2008 thru 2012/2013 1—„ M--I- 40V Unscheduled Road Improvements Streets ^/ Primary Roads ^/ Secondary Roads Frederick County Dept at Tertiary Roads Planning & Development c 107 N Kent 5t �� Winchester City Roads r Winchester, VA 22601 i—.CD.FREDERICK.VA.Us July 21, 2006 FREDERICK COUNTY INCIDENTAL CONSTRUCTION 2007/2008 through 2012/2013 Incidental construction projects are defined as minor construction projects. Examples involve drainage improvements, site distance improvements, spot widening, replacing overflow pipes with box culverts, and the application of plant mix on existing road surfaces. The Virginia Department of Transportation determines if a roposed project qualifies for Incidental Construction based on the overall scope of the improvement. w UJ Z T O ¢� o LU m z O p Q °' W� ¢W as w °� ° w ao n" * o o " w v 1) 661 Redbud Road 0.45 mile east of Rt. 11 R/R Crossing -Install ST $15,000 2005/06 Federal flashing lights & gates 10% Funds 2) 620 Singhas Road 0.05 mile south of Rt. 803 R/R Crossing -Install BC match $17,500 2005/06 Federal flashing lights & gates 10% Funds 3) 684 Gainesboro Road 234' southeast of Rt. 522 R/R Crossing -Install GA match $17,500 2005/06 Federal flashing lights & gates 10% Funds 4) 684 Gainesboro Road 0.20 mile east of Rt. 600 R/R Crossing -Install GA match $17,500 2005/06 Federal flashing lights & gates 10% Funds 5) 649 Springdale Road 0.55 mile west of Rt. 11 R/R Crossing -Install BC match $13,000 2006/07 Federal flashing lights & gates 10% Funds 6) 1065 Ridgefield Subdivision Various roads Plant Mix OP match $85,000 2007/08 7) 1020 The Meadows Subdivision Various roads Plant Mix OP $65,000 2007/08 8) 739 Fox Drive From: 400 ft South of Rt. Construct right turn ST Revenue 522 To: Rt. 522 lane Sharing 9) 815 Blossom Drive From 250 ft south of Rt. 7 Construct right turn ST Revenue To: Rt.7 lane Sharing 10) 1400 Apple Ridge Subdivision Various roads Plant Mix RB $100,000 2008/09 REZONING APPLICATION #09-06 TASKER WOODS Staff Report for the Planning Commission Prepared: July 31, 2006 Staff Contact: Susan K. Eddy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: August 16, 2006 Pending Board of Supervisors: September 13, 2006 Pending PROPOSAL: To rezone 58.08 acres from RA (Rural Areas) District to RP (Residential Performance) District and 18.89 acres from RA District to B2 (General Business) District, totaling 76.97 acres, with proffers. LOCATION: The properties are located north of Tasker Road (Route 642) east and south of Macedonia Church Road (Route 756) and west of Front Royal Pike (Route 522). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76 -A -48A and 76-A-49 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) M1 (Light Industrial) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential, church & cemetery Use: Residential Vacant Industrial & vacant Use: Residential Use: Residential Rezoning #09-06 — Tasker Woods July 31, 2006 Page 2 PROPOSED USES: Mixed use - commercial and residential REVIEW EVALUATIONS: Virstinia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522,642 and 756. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Tasker Woods rezoning application dated March 15, 2006 and revised on June 12, 2006 and July 5, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip General Manual, Sixth Edition for review. VDOT reserves the right to comment on all site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: The revised Tasker Woods rezoning received on June 13, 2006 has adequately address our previous comments dated May 25, 2006. Frederick County Inspections: No comment required at this time. Shall comment on site/subdivision reviews. Frederick -Winchester Service Authority: I have never heard of the Opequon Urban Development Area. I am just assuming it is a portion of the existing or expanded Urban Development Area east of Stephens City. With regards to the wastewater delivery, is there a reason for not considering elimination of double pumping of taking flow from one pumping station to another, but rather tying into the force main of the second pumping station? I am assuming from the information given, that there will be 323 dwelling units, a mix of single family detached and townhouses, and that there will be approximately 180,000 square feet of commercial property based on the sewer and water flows provided. Sanitation Authority: The Authority shall have adequate water and sewer capacity to service this site. Frederick -Winchester Health Department: Health Department has no objection to the rezoning request as stated. Department of Parks & Recreation: Plan appears to meet open space and recreational unit requirements. During the Master Development Plan review of this project, staff will be looking for the trail to be a minimum of 10' in width and meet the Virginia Department Standards for hard surface trails. The proposed monetary proffer appears to be appropriate to address the impact this development will have on the capital facility needs of the Parks and Recreation Department. Rezoning #09-06 — Tasker Woods July 31, 2006 Page 3 Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family homes will yield 20 high school students, 17 middle school students, and 47 elementary school students. The 199 townhouses will yield 22 high school students, 24 middle school students, and 62 elementary school students for a total of 192 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Winchester Regional Airport: The proposed rezoning request for Tasker Woods should not impact business operations of the Winchester Regional Airport; therefore, we are not requesting any special conditions for consideration. Frederick County Attorney: (Based on proffer statement dated March 15, 2006) It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the rezoning application is to rezone property from the RA district to the RP and B2 districts, it is noted that the proffers are only conditioned upon approval of the requested RP rezoning. 2. Proffer 1.3 limits the commercial development to 179,000 square feet. The County should determine whether it wants to so limit the commercial development. Further, it should be clarified as to what the square footage requirement applies, preferable having a requirement applied to "usable floor area". Also, there is no requirement in this proffer as to the timing of the commercial development, in relation to the residential development or otherwise. Pursuant to these proffers, the entire residential development could be built out before any commercial development was built and occupied. 3. In Proffer 2. 1, it is recommended that this proffer include the provision that the development will be in substantial conformity with the Generalized Development Plan. 4. In Proffer 12.3, it is provided that "the applicant shall construct a southbound right turn lane on White Oak Road". It is not clear from the proffer or the attached Generalized Development Plan where this right turn lane will be constructed, and whether it is going to be constructed on White Oak Road or on Tasker Road. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. 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 Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. Planning Department: Please see attached letter dated May 26, 2006 from Susan K. Eddy, Senior Planner. Rezoning 909-06 — Tasker Woods July 31, 2006 Page 4 Planniniz & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) identify 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 -I and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Land Use The site is partially located within the Urban Development Area (UDA) and entirely located within the Sewer and Water Service Area (SWSA). The properties are within the area of the Tasker Woods Land Use Plan, which was adopted in 2005. The plan states that the north portion of the Tasker Woods area is planned for residential use. Single family detached residences are encouraged along Macedonia Church Road to continue the residential pattern established to the west. Single family attached units could be accommodated further east. Given the relatively flat topography and square shape of the northern portion of the plan area, it could ideally be laid out in a grid pattern. Staff Note: The applicant is proposing a residential pattern generally consistent with the Tasker Woods Land Use Plan. The grid pattern called for in the plan appears to be provided in the townhouse section, but not in the single family sections. The applicant should consider utilizing the grid pattern throughout the residential portion of the project. Commercial uses are planned for the land immediately north of Tasker Road. The commercial component is envisioned to consist of neighborhood scale commercial uses and office uses. Priority will be given to neighborhood scale commercial uses as these will serve the needs of residents and create focal points for the new community. Strip commercial development is strongly discouraged. Consolidated entrances and inter -parcel connectors will be encouraged to avoid multiple -entrances along Tasker Road and the new collector road. Rezoning #09-06 — Tasker Woods July 31, 2006 Page 5 Staff Note: There is no timing associated with the commercial component of this application. All residences could be built before any commercial development takes place. The applicant is proposing the full range of B2 uses on the property, without a commitment to neighborhood scale commercial uses or a commitment to discouraging a strip center. More attention should be paid to the layout and design of the commercial section. Another component of the Tasker Woods Land Use Plan is parks. A central park was proposed in the land use plan to be linked to the rest of the development by trails and sidewalks. Staff Note: A three acre private park is proposed at the northern end of the site. It will be linked to the development via trails and sidewalks. A further component of the Tasker Woods Land Use Plan is design standards. Landscaping is encouraged in the form of street tress and the screening of parking facilities. A limited and coordinated sign package was recommended for the commercial section. Staff Note: There is not a commitment to landscaping in this application. Some sign reductions have been proffered. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Tasker Road as an improved major collector. It designates Macedonia Church Road/White Oak Road, west of Route 522, as a new major collector. (This is reiterated in the Tasker Woods Land Use Plan.) This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The idealized intersection design in the Comprehensive Plan (6-15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right-of-way, and sidewalks. Staff Note: The applicant is not providing the road improvements called for in the Comprehensive Plan. There is no evidence in the proffer statement that the applicant will be providing a four -lane, boulevard section of road for the major collector roads. The applicant will also need to provide road efficiency buffers, consistent with a major collector road. The Frederick County Bicycle Plan designates Tasker Road as a short-term designated route. The Tasker Woods Land Use Plan calls for an interconnected system of multipurpose trails and sidewalks through out the development. Staff Note: While providing trails within the development, the applicant is not providing a bike path on Tasker Road 3) Site Suitability/Environment No steep slopes exist on the property. No portion of this site is within the 100 -year flood plain Rezoning 909-06 — Tasker Woods July 31, 2006 Page 6 according to the Flood Insurance Study Map for Frederick County. U.S.G.S. maps show two streams and three ponds on the property. The applicant has identified three wetlands on the property. The wetlands will be further analyzed further at the MDP and site plan stages. Staff note: Protection of the integrity of the ponds, especially during the construction phases, should be considered as part of the proffer statement. The General Soil Map of the Soil Survey of Frederick County Virginia indicates that the soils comprising the subject parcel fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. No soil types on this site are classified as prime farmland soil. 4) Potential Impacts A. Transportation A traffic impact analysis (TIA) was prepared for this application on February 2, 2006 using an assessment of background traffic, including growth rates and other planned projects in the area; calculation of trip generation for this development; distribution and assignment of the Tasker Woods generated traffic; and analysis of capacity and level of service for existing and future conditions. An addendum to the original TIA was prepared on July 11, 2006. Using traffic generation figures from the I.T.E. Trip Generation Manual 7th Edition, the TIA projects that the proposed development will produce 12,846 vehicle trips per day (VPD). The TIA further indicates that the study area roads and intersections have the capacity to accommodate the trips generated by the project at Level of Service "C" conditions or better, given certain road improvements. Some improvements are proposed to be provided by the applicant, some are to be provided by others, and for some it is uncertain who will provide the improvements. • A traffic signal is required at Route 522 and Macedonia Church Road. This is proffered by the applicant. • A traffic signal is required at the intersection of White Oak Road and Tasker Road. This is proffered with the Cedar Meadow rezoning. A southbound right turn lane on White Oak Road is also required. It is unclear who will provide this improvement. • A traffic signal is required at the intersection of Marcel Road, Tasker Road, and the new minor collector. This signal is proffered by the applicant. A southbound left lane is required on the new collector road at Tasker Road. The applicant has not proffered this improvement. A westbound right lane on Tasker Road is required at the new collector road. The applicant has not proffered this improvement. • A traffic signal is required at the intersection of Route 522 and Tasker Road. This was proffered with the Eastgate Commerce Center rezoning. • A traffic signal will be provided at the intersection of Route 522 and Clydesdale Drive, by the developers of Canter Estates V. Rezoning #09-06 — Tasker Woods July 31, 2006 Page 7 Staff Note: The applicant should be prepared to provide road improvements to insure level of service "C" on area roads. Other road improvements are sought with this rezoning as per the Comprehensive Policy Plan (see comments above). Minor errors in the TM levels of service should be corrected. B. Sewer and Water Presently sewer service is available via an 8" main that travels to the south of this project by a pump station installed adjacent to Tasker Road as apart of the Eastgate project. A new pump station will be needed. Wastewater generated by this project will be transferred to the Parking Mill Wastewater Treatment Facility which is being expanded from 2 to 5 MGD by the FCSA and FWSA. Water supply is provided by way of a 12" water main located along the western boundary of this site which serves as a loop connection along route 522 through Albin to a connection with the 20" transmission main located near the Papermill Road intersection with Route 522. Water demand of this project would be equivalent to its sewer production of 99,600 gallons per day. C. Community Facilities The applicant has proffered $23,290 for each single family detached unit and $17,732 for each single family attached unit to offset the impacts to community facilities. This amount is consistent with the County's Development Impact Model. 5) Proffer Statement — Dated March 15, 2006 and Revised June 12, 2006, July 5, 2006 and July 21, 2006 A) Generalized Development Plan The applicant has proffered a Generalized Development Plan (GDP) dated June 1, 2006. It shows the location of the major roads, the location of the recreational facilities, and location of the single family attached and detached units. B) Land Use Residential development will be limited to 319 units, in a mixture of single family detached and single family attached units. The mix shall be determined at the Master Development Plan (MDP) stage and the projected traffic volume will not exceed 2,931 average daily trips. No more than 90 dwelling units shall be issued occupancy certificates within any calendar year. Commercial development on the B2 zoned portion of the site shall not exceed 179,000 square feet. Staff note: The mix ofsinglefamily attached and singlefamily detached units must conform to the proffered GDP, in the locations shown on the GDP. Staff would prefer to tie the phasing to building permits. There is no timing element for the commercial floorspace. Rezoning #09-06 — Tasker Woods July 31, 2006 Page 8 C) Recreation The development will include a community center, a pool, a basketball court, two tot lots, a picnic shelter and ten -foot wide pedestrian/bicycle trail in the location depicted on the GDP. These will count towards the development's required recreational units. Staff Note: This proffer requires a timing element. Clarification on the community center is requested. The County expectation is that a community center is an enclosed, year round, climate controlled facility. Proffers generally indicate that the l0 foot -wide trail will be asphalt. D) Transportation A traffic signal will be placed at the intersection of Route 522 and Macedonia Church Road prior to the occupancy of the 50th dwelling unit. Staff note: Staff prefers that the proffer be tied to the 50`x` building permit. White Oak Road will realign with Macedonia Church Road, and a major collector road constructed from Macedonia Church Road to Route 522. This will include an iron fence along the church property and consolidation of the church entrance to a single access point. Eighty feet of right-of-way will be provided for this road. Staff Note: This proffer requires a timing element. The proffer does not clearly define the cross section of the road to be built. A single church access was already designated when the new church site plan was approved in 2002. This access point does not align with the entrance to the proposed development. Staff would recommend that the development entrance align with the church entrance. To protect the integrity of the cemetery, the iron fence should also be provided along the frontage of the cemetery property. A road will be constructed to link the residential and commercial components of the site, prior to the occupancy of any buildings on the commercial portion of the site. Commercial entrances will be prohibited on Tasker Road. The applicant will enter into a signalization agreement with VDOT to provide a signal at the intersection of Tasker Road and Marcel Drive. Staff note: Other road improvements are necessitated by this rezoning. (See transportation ana�vsis above.) E) Commercial Design Standards All buildings in the commercial area will have compatible architectural style and materials. The principal facades along Tasker Road shall be limited to a combination of the following materials: cast stone, stone, brick, glass, wood, stucco or other high quality long lasting masonry materials. Rezoning #09-06 — Tasker Woods July 31, 2006 Page 9 F) Commercial Signage Freestanding commercial signage along Tasker road shall be limited to a single monument style sign at the single proposed entrance on Tasker Road. Maximum height for all signs on the property shall be 20 feet. Pylon signs shall be prohibited on the property. Staff note: Proffer 12.6 prevents commercial entrances on Tasker Road, so it is unclear what entrance the signage proffer is referencing. G) Monetary Contribution For each single family detached unit the applicant has proffered: $720 for fire and rescue; $19,189 for schools: $2,136 for parks and recreation; $267 for library; $658 for public safety; and $320 for general government; $23,290 for capital improvements, plus $1,000 for road improvements in the Tasker Road Corridor For each single family attached unit the applicant has proffered: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements, plus $500 for road improvements in the Tasker Road Corridor STAFF CONCLUSIONS FOR 08/02/06 PLANNING COMMISSION MEETING: The land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the 'Tasker Woods Land Use Plan. The Tasker Woods Land Use plan, however, includes much more than just the basic land uses. All aspects of the plan should be considered, particularly design standards and road improvements. At this time, all road improvements called for in the TIA and in the Comprehensive Policy Plan are not addressed by the applicant. Rezoning 909-06 — Tasker Woods July 31, 2006 Page 10 Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerninZ this rezoning application would be appropriate The applicant should be prepared to adequately address all concerns raised by the Planning Commission. I May 26, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Proposed Rezoning of Tasker Yvoeds Dear Patrick: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 I have had the opportunity to review the draft rezoning application for Tasker Woods. This application seeks to rezone 76.97 acres from RA (Rural Areas) District to the RP (Residential Performance) District and B2 (Business General) District. Staffs review comments are listed below for your consideration. 1. Tasker Woods Land Use Plan. The site is within the limits of the Tasker Woods Land Use Plan (TWLUP), a component of the Comprehensive Policy Plan. The plan calls for a mix of residential and commercial uses. The proposed uses are generally consistent with the TWLUP. 2. Tasker Woods Land Use Plan. As the applicant is aware, having been involved in. the Comp Plan amendment that expanded the UDA and SWSA in this area, the TWLUP includes much more than just a land use map. The plan includes many land use and design elements that are not addressed in this application. Consider all of the following before this application is submitted: • The residential portion should be interconnected, ideally laid out in a grid pattern; • Neighborho:A scale corimer. ia! Use; nnii : :lieu over oItices; • A neighborhood park is shown on the land -use map in the center of the development; • Inter -connected trails and sidewalks; • Prohibit individual residential entrances on White Oak Road; • Prohibit commercial entrances on Tasker Road; • Limit commercial entrances on the new collector road; • Save mature trees; • Provide street trees; • Landscape screening of parking areas; and • A coordinated, and limited, sign package for the commercial areas. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of Tasker Woods May 26, 2006 3. Eastern Road Plan. The Eastern Road Plan of the Comprehensive Policy Plan designates Tasker Road as an improved major collector and designates Macedonia Church Road (north of this site) as a new major collector. Full implementation of the four -lane major collector road design would be appropriate. The applicant should be prepared to provide any needed right—of—way for this improvement, provide landscaped medians and pave additional lanes. Also, ensure that White Oak Road/Macedonia Church Road is the major collector and provide sufficient right-of-way so that the historic cemetery is not impacted by road widening. Realign the northern bend in Macedonia Church Road to a T -intersection to ensure that traffic tlows from White Oak Road to Macedonia Church Road. 4. Entrance. You will need to align the entrance to this project on Macedonia Church Road with the new entrance to Macedonia Methodist Church (see site plan #19-02). This will allow sufficient distance between the entrance and Route 522 and the entrance and White Oak Road. You could consider a roundabout in this general area to improve access and traffic flow. This could also establish a focal point at the entrance to the community. 5. Bike Trail. Tasker Road is identified on the Frederick County Bicycle Plan as a short term destination. Provide a bike trail in this location. In addition, a bike trail has been established on White Oak Road. Continue this bike path to Route 522. See earlier comment #2 on internal trails. 6. Traffic Impact Analysis. The TIA has significantly underestimated the trip generation for this proposal. The applicant has proffered 319 single family units. The County must assume the worst case scenario (for traffic) which would be 319 single family detached houses. The TIA can only model townhouses if townhouses are specifically proffered. Similarly, with the commercial component, the applicant has not restricted the B2 uses on the site. Therefore, the TIA must model 179,000 square feet of retail use. iJither the TIA must be revised or the proffer statement must be revised. The County will not accept the combination as currently submitted. 7. Traffic Impact Analysis. TIA figures 3, 5 & 9 are missing the levels of service for a number of intersections. Please include all segments of each intersection. 8. Traffic Impact Analysis. Table 1 - please provide additional information on the trip generation figures for Shenandoah. 9. Traffic Impact Analysis. How can the level of service for the signalized intersection of Tasker Road and White Oak Road and for the signalized Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of Tasker Woods May 26, 2006 intersection of Tasker Road and Route 522 be better after this development (Figure 9) than it was before the development (Figure 5)? 10. Traffic Impact Analysis. As stated in the TIA, level of service C will not be maintained at the intersection of the new collector road and Marcel Drive. The Comprehensive Policy Plan calls for level of service C on roads adjacent to and within new developments. Therefore, this intersection does not meet the criteria of the Comp Plan and is not acceptable. Note: Signalization of the intersection of Clydesdale Drive and Route 522 is proffered by JASBO, Inc. Verify the particulars with VD0T and update the TIA. 11. Proffer Statement — Land Use. The applicant has proffered 319 single family dwelling units. This is the maximum allowed by ordinance, so is redundant as a proffer. Are housing types other than single family homes to be allowed? Is there a proffered split of housing types? (See comment #6 above.) 12. Proffer Statement — Land Use (1.2). 110 dwelling units per year is high. Consider a lower number. Tie the number to lot creation, not building permits. 13. Proffer Statement — Permits & Plan Approval. Proffer 2.1 calls for unified design standards. There are currently no design standards proffered with this application. The county would welcome design standards, as called for in the Tasker Woods Land Use Plan, for both the commercial and residential portions of the site. These could include a focal point, architectural design, building materials, landscaping and signage. 14. Proffer Statement — Parks & Open Space. A central park is clearly called for in the TWLUP. You should be aware that the county is considering public parks as an important feature in the Urban Development Area (UDA). Please work with the Parks and Recreation Departtn_ent to see if this Iriig it be an area suitable for a public park. 15. Proffer Statement — HOA. Consider setting up a start-up fund with seed money. 16. Proffer Statement — Transportation. The improvements called for in proffers 12.2 and 12.3 could be triggered sooner in light of the failing levels of service even before this project is built. The entrance to the Macedonia Church shown on the GDP is not consistent with the new entrance approved with the Macedonia Church Site Plan #19-02. Transportation proffers need to be tied to events that ^^ , are monitored by the Planning Department. Dedicate land and bond road improvements at the lot creation stage. Roads should be open to the public at the Page 4 Mr. Patrick Sowers RE: Proposed Rezoning of Tasker Woods May 26, 2006 building permit stage. State an event by which the new collector road will be built from Tasker Road through to Macedonia Church Road. The County would be seeking that road when the residential portion of the site is constructed. 17. Proffer Statement — Transportation. The church property is private property. Improvements to it should not be in the proffer statement. 18. Proffer Statement — GDP. The GDP must clearly show the major collector through road as Macedonia Church Road/White Oak Road. Also, the TWLUP seeks a grid layout for the residential portion of the site. It would be useful to include the street layout on the GDP. 19. Proffer Statement — GDP. The GDP includes a community center, although this is not referenced in the text of the proffer statement. Is this in addition to ordinance requirements? Is this the required community center for single family small units? It would be beneficial to include details on the projects, such as the type and size of center and also a timing element. 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 Schools, Frederick County Sanitation Authority, Frederick -Winchester Health Department, Winchester Regional Airport, Stephens City Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 21. Maps. In all maps submitted with this application, the parcels subject to this rezoning (76-A-49 & 76 -A -48A), two other parcels ((76-A-51 & 76 -A -51C) and a stormwater management pond for Tasker Road are outlined in black. Do not outline any properties that are not part of this rezoning. This causes confusion. Also, all maps incorrectly identify the easternmost section of Macedonia Church Road as White Oak Road. Correct all maps. 22. Adjacent Parcels. The list of all adjacent properties, their owners and the owners' addresses contained errors and is obsolete. For the record, include parcels 76-A-51, 76-A-53, 76 -A -48B, 76 -A -47A and 76 -A -53D and correct the Page 5 Mr. Patrick Sowers RE: Proposed Rezoning of Tasker Woods May 26, 2006 PIN number for 76 -A -49E. An accurate list of adjoiners must be submitted with this application before it will be accepted by the Planning Department. 23. Other. You are, of course, required to submit a plat with the location of all proposed zoning boundary lines, a copy of the deed to the property, and a statement verifying that taxes have been paid. 24. 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. Thus, a total of $10,747 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. 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, Susan K. Eddy, AICP Senior Planner SKE/bad cc: Allden, LLC, 2800 Shirlington Rd., Suite 803, Arlington, VA 22206 y' Brabant Dr � /r� J t FREDERICK COUNTY SCHOOL HOARD V�"'�—// 76 A 90A 4 3 a o 75 A 100 A Q - RAY, JANE PETRIE �` r �1 Macri f 76 A 90 tr n f --T J .. ck Wit. �•. ' �� rr-," f !—,.� `� �, KnII .Plial � H: ~ 4` jf 76 A 1038 R� PINE, THOMAS >'IF 76 A 81 , ,y w L p�. w. 76 A 103D -'ry ALLDEk l BOUNTIFUL FARMS LLC LLCLLC� i` *# 76 A 78 �tl 4 o � m ALLDEN, LLC 76 A 49 g �� I�� `. ,� • s m y I 6 q / m q2 � ., � � DAeaY, DAVID,, 76 A 68 g /,1• 76 LEE, HUI SUN A 49 76 A 104D 76 A 49A .� LEHR, DAVID S & PAMELA B � 9 0 ALLDEN,LLc 76 A 48A 76 A 51 9 . 6 A 10¢C p t 76 H'ki 1 q qq SRUA; CP STROSNIDER, DONALD LESLIE 76 A 62 T6 76 A 51C 777 q _ 4r - 87 3G l�j J Sg P 87 76 A 538 FR MARCEL DRIVE, LLC 76 A 42 1a SARGENT, M ELIZABETH TRUSTEE 75 A 113 LEONARD PROPERTY, LLC IC -3 Application oUrban Development Area rSVVSA "�•,'�r 60P o 522 �6 0GA01 !`4 76 A 53D sa HERITAGE PLACE, L C 76 A 53 A 609 , WRIGHTS RUN, LP - 76 �P S,yP e 55 `y SHEN VALLEY, LLC 76 A 53H 76 A 56 WRIGHTS RUN, LP ,r�^'•���^ S3F 76 A 53 26 /76 A 53 c 19 Tasker Woods (76 -A -48A,49) U D.Ds 0.1 0.2 Miles 1 'T 1 IC -3 Application oUrban Development Area rSVVSA "�•,'�r 60P o 522 �6 0GA01 !`4 76 A 53D sa HERITAGE PLACE, L C 76 A 53 A 609 , WRIGHTS RUN, LP - 76 �P S,yP e 55 `y SHEN VALLEY, LLC 76 A 53H 76 A 56 WRIGHTS RUN, LP ,r�^'•���^ S3F 76 A 53 26 /76 A 53 c 19 Tasker Woods (76 -A -48A,49) U D.Ds 0.1 0.2 Miles 1 - Brabant hr x wF-•� FREDERICK COUNTY SCHOOL1 fi lRC of 76" A 90A.. `y04f, 75 A 94 � h 76. 6 A ^103B ` a0�f}ej C �00� `�F�: �Y'� A •`,jAL £ '�', f � �"'. �` PINE;.THONIAS'J .. '` • 76 A, $9: �xlil9on, f� "ftp I _ , y ¢.,�� RY•-r�,T i�s,;�� � - � - �`„ _ �. 76 A 103D V4Atf-_ y - dY ��--r.,�-.'a'wy- ^-�� ,; f! ALL Y'- BOUNTIFUL FARMS LLC - - -� - -', Ory. ^{* ., �.P'' 4 -"ip 11 '• 75 q 78 K 11 • 146b - - - �1'111t, prmel1l - $ ALE.412N, LLC 76 49 A � ;.r fir+ F = q q? w r �., ! DAaAy, 76' A 68 1n r: 1 LEE HUI SUN rcn n , q qg 76 - � •, rte, �_A Taal � m �.- 76 A', 19A... ;I - IF __ - I,F}N. LAOD K I AME! A FI A. I N Li r, I6 A' '48Ar w q 6 A 7P _ 04C , '{+4 A:.L ...Lk. t A 62 1 6 •` • Vs - a } Oa 76 A 51C i rt (787 - c ..rr 1522 6 76 A 53D :{ - �76 A 53: -71 KERITAGE PLACE; LC VMGHTS FUN FT.`�6 P bog 76. A 53B 5w s FR MARCEL DRIVE!LLC' - r - `��6'• p`-' A 55 p \ `" ,rii r tr I • I,`I• Via;, 76,4 42 A 5311 � y t� �¢ti 76 A as 4 BpRaeNr M ELUA9lrX rRUBiEE q R ON. , F'. 75 A 113' - _ LEONARD PRCPERN;_LLC 7 7 6 n 5,q S3F Nom,-✓-", `�� Appiiwlio Urban Development Area REZ # 09 - 06 Tasker Woods (76 - A - 48A, 49 ) 0 005 0.1 0.2 Miles 75 A 100 RP i- .. .. __- .. .. ... P�r�Gant r" FREDERICK COUNTY SCHOOL BOARD J !f '6 76 A 90A ¢ 4 3 ` rn CID i16A /� f �,,.•-"` RAY, JANE PETRIE � 11 76 A 90 Si, 7-/ � �_ � \ 1l j i �� � �� 76 A 1036 f �a� y " A. PINE, THOMAS J 76 A 103D }' , BOUNTIFUL FARMS LLC ADEN. LCC 1 IJ 76 A 7 a m t epi o . q 11 Arme{,t� Jr Q Q ALLDEN, LLC 76 A 49 I a 4 r r = rn 1 1g 4 DABA( Da V, 76 A 68 trt ��. r/ m '� 76 A 49 LEE, HUI suN }' C T Sk• 2 j ;tF v 1'r 1 76 A 104D 76 A 49A f ' Q ' LEHR, DAVID s & PAMELA B 60 6' ALLDEN, LLC 76 A 48A 76 A 51 76 A 9 Sr 04C 44 +�' I STROSNIOER, DONALD LESLIE J 76 A 62 76 A 51C rp 522 16\� B R�CNPRO PQ S 76 A 53D �....` WRIGHTS RUN, LP BZ NEWTACE aLAGe, L D 76 A 53 16 p 606 76 A 538 54 FR NI,ARCSL D'mVELLC �\ p 6� 81£!!J 76 A 42 'if°a 76 A 53H 76 A 56, SARGENT, M ELIZABETH TRUSTEE WRIGHTS RUN, LP 75 A 113 ` 76 A 53 / LEONARD PROPERTY, LLC -b' ,= Appla'Awa p A urban Devic tArea -� a amen � M1 (Industrial, Light District) � REZ # 0Ia " 06 SWSA 14;InduShial.GeneralDishict) Tasker Woods Zen'nA �+ MH1 (Mehile Home Community District) B1 (Business, Ne hborhood Cishict) r MS (Meaical Support District] r� A /� ( 75 - A. - 48A, 49 ) 62 (Business, General —t -)Ra (Residential, 11an-4 Community District) 3$ (eusinees, industrial Transition Dismot ) (� RS (Residential Recreational Communfly Dislric:) 0 RL1@ CI:$ 0.2 EM;Exhactiva Manufacturing District) R4 (Rural Areas District) HE !Higher Education Disl�ctl RP (Rosidenllal Performance Distract) Miles p A Ol �� ��'— �rabant•Dt' cFyr /J� 75 A 100 ___ 16 FREDERICK COUNTY SCHOOL BOARD 76 A 90A Q r 4 3 f !\t m n 3 Q c' RAY, JANE PETRIE 76 A 90 76 A 1030 p r.� 'Qr I V J"1'ti "6"l PINE, THOMAS 76 A 81 & . c' 76 A 103D / l •"���;� � ,�„� ,yLLDEN.� BOUNTIFUL FARMS LLC LLC 76 A 78 w ^' 64 mel I`=mellzd:- �jJ M ALLDEN,LLC 76 A 49 rTp P�S'I 9 eo l6 ^ 76 A 68 c'T+ A 42 ? t DASAY, DAVID N 1 76 A LEE, NUI SUN � 49C } (( ��ask j a I 76 A 104D ' a CID ' 76 A 49A a, LEHR, DAVID S & PAMELA B 6D jj jo 5"? ALLDEN, LLC 76 A 48A 76 A 51 76 �}/ A 7p v y Q 44 ! SRN, (a STROSNIDER, DONALD LESLIE 76 p, 62 ) 76 A 51C �s 76 A 42 75 A 113" - LEONARD PROPERTY, LLC -- _ ---- — Ir _ • , Z1 J h V �n \ 522 16 R\GHPaG Q 4 76 �A 53D 76 A 53 l 6p6 HERITAGE PLACE L C \ 6 A WRIGHTS RUN, LP 7 16 Q• �Jd � SHEN VALLEY LLC �'h� �„ �., 76 A 56 >5'� > y y�y •u �.- /.( '4 WRIGHTS RLN,LP 76 A 53 / 1>6 APPG�auov S w 0 Urban Development Area e,' Industrial REL # 09 r 06 ;W TaskerWoods Lon nstitut tioe Long Range Land Use �., Recreation h -Ary F48A' �n Rural Community Center Historic ( 76 - f1 7 ® R 0 0.06 0.1 0.2 Residential Mixed -Use Business ® Planned Unit Development Was Tacker Woods Proffer }Rh ine 8 2W 06 PROPOSED PROFFER STATEMENT REZONING: RZ. # . RA (Rural Areas) to RP (Residential Performance) 58.08 acres +/- and B2 (General Business) 18.89 acres +/- PROPERTY: 76.97 Acres +/-; Tax Map Parcels 76-A 48A, 76-A-49 (the "Property") RECORD OWNER Allden, LLC APPLICANT: Allden, LLC PROJECT NAME: Tasker Woods ORIGINAL DATE OF PROFFERS: March 15, 2006 REVISION DATE (S): June 12, 2006 July 5, 2006 July 21, 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/B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or 'including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Tasker Woods" dated January 15, 2006 revised June 1, 2006 (the "GDP"), and shallinclude the following: Page 1 of 7 Tasker Woods Proffer Statement LAND USE: 1.1 Residential development on the Property shall not exceed 319 units. The mixture of single family detached and attached units shall be designated at the time of Master Development Plan and shall not generate more than 2,931 average dailytrips (ADT). 1.2 The project shall be developed pursuant to an annualized phasing plan. Certificates of occupancy for no more than 90 dwelling units shall be issued within any calendar year. 1.3 Commercial development on the B2 zoned portion of the Property shall not exceed 179,000 square feet. 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, this Tasker Woods Proffer Statement, and in substantial conformity with the GDP as approved by the Board. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $720.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each detached unit. 3.2 The Applicant shall contribute to the Board the sum of $528.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single family, detached dwelling unit for school purposes, payable upon the issuance of a building permit for each detached unit. 4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single family, attached dwelling unit for school purposes, payable upon the issuance of a building permit for each attached unit. PARKS & OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single family, detached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each detached unit. Page 2 of 7 Tasker Woods Proffer Statement 5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single family, attached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each attached unit. 5.3 The Applicant shall construct a community center, including a 2,400 square foot pool and full basketball court, in the location depicted on the GDP. Other recreational improvements shall include a minimum of two tot lots, a picnic shelter, and a ten foot public pedestrian -bicycle trail in the locations depicted on the GDP. Said improvements shall count towards the recreational unit requirement for the proposed development. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $267.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each detached unit. 6.2 The Applicant shall contribute to the Board the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the Board the sum of $658.00 per single family, detached dwelling unit for public safety purposes upon issuance of a building permit for each detached unit. 7.2 The Applicant shall contribute to the Board the sum of $503.00 per single family, attached dwelling unit for public safety purposes upon issuance of a building permit for each attached unit. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the Board the sum of $320.00 per single family, detached dwelling unit for general governmental purposes upon issuance of a building permit for each detached unit. 8.2 The Applicant shall contribute to the Board the sum of $245.00 per single family, attached dwelling unit for general governmental purposes upon issuance of a building permit for each attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the Page 3 of 7 Tasker Woods Proffer Statement County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as maybe required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) responsibility for payment for maintenance of streetlights and (vi) maintenance of BMP's and stormwater conveyance channels. 10. WATER & SEWER 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority. 11. ENVIRONMENT: 11.1 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. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Tasker Woods," prepared by Patton Harris Rust & Associated, dated Februray 2, 2006 (the The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall install or bond a traffic signal at the intersection of Route 522 and Macedonia Church Road prior to occupancy of the 50`' dwelling unit unless otherwise directed by Frederick County and/or VDOT. 12.3 The Applicant shall contribute to the Board the sum of $1000 per single family, detached dwelling and $500 per single family, attached dwelling for transportation improvements to the Tasker Road corridor. Page 4 of 7 Tasker Wood Proffer Statement 12.4 The Applicant shall realign White Oak Road as indicated on the GDP and in accordance with the TIA to facilitate a safer traffic movement. Realignment of said roadway shall include the construction of a major collector roadway from Macedonia Church Road to Route 522. Construction of this improvement shall include the construction of an iron fence along the frontage of the Macedonia Church property and consolidation of the current church entrances into a single access point. The Applicant shall dedicate right of way necessary to achieve an 80 foot right of way to allow full implementation of a major collector roadway to connect the existing terminus of White Oak Road at Macedonia Church Road with Route 522 that will not negatively impact the existing graveyard at Macedonia Church. (See 1 on GDP) 12.5 Direct access to individual lots from the portion of Macedonia Church Road designated as a major collector shall be prohibited. 12.6 Access to commercial portions of the Property shall be provided via the future roadway connecting the commercial and residential portions of the property as indicated on the GDP. Said connection between residential and commercial portions of the Property shall be made prior to occupancy of any building constructed on the portion of the Property zoned B2. Commercial entrances on Tasker Road shall be prohibited. 12.7 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the intersection of Marcel Drive and the proposed entrance on Tasker Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall provide funds including any necessary bond to construct a traffic signal at said intersection. 13. HISTORIC MARKER 13.1 The Applicant shall install a historic marker in collaboration with Macedonia Church that notes the historical significance of Macedonia Church. 14. COMMERCIAL DESIGN STANDARDS 14.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. The principal facade in addition to any facade fronting Tasker Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco or other high quality, long lasting masonry materials. Page 5 of 7 Tasker Woods Proffer Statement 15. COMMERCIAL SIGNAGE 15.1 Freestanding commercial signage along Tasker Road shall be limited to a single monument style sign at the single proposed entrance on Tasker Road. Maximum height for all signs located on the Property shall be 20 feet. 15.2 Pylon style signs shall be prohibited on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Tasker Woods Proffer Statement Respet wo Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled ed before me this f day of lR , 2006, by ny-P.r Ot.LLA ns'- f i� My commission e ires 9 -3 0- o 1 1111 j Notary Public �,tkRIST1'v d ',0 •1 0 71 p 1111111{1��� Page 7 of 7 O F ep 'ts COMMUNITY -- '\ CENTER � � , •' '� & POCKET PARK (3 AC) v� � '��.� 1 f I iaEL f 1e,Ai� � w✓'.+` `. 4 • 6p y' ~`SP,, DET y C `- D ~ 1—�'r— 1 R dNE;wRA O RP, t { t Pk"IFFS -D USE, S4 DETACHED CL&' ER- ,LOT 6 SF A7TACHED f 1 l ATTACHE 1 ,! _I •,�, �' „ng \: `-- �' �(tl3WNHpME$7' �•, `"/ I .-std �s �..�;�_��-���'\.' `..':,. ��r, �`�.._ :-M _.�� �__ �Y ::� ' J -'' ..; /r s �•��' ��r'}�'s � s � y i , ,",r ✓ �. .��1,� i� resat±�k � /% ��� '� .QO RL4ONE. _Ra_- fi0 Bi?; 18, -BT aCl; 25 q �i �',PRE1PflSED USEi',�CCM1+JERgAq ' V ' '�� """.' °,tom! ✓„� e i `s { � ,J TASKER WOODS Patton, Harris, Rust & Associates, pc a(bGENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 665-0493 O O � a VOICE: (540) 667-2139 FAX: (540) FREDERICK COUNTY, I/IRGINA January 2006 Tasker Woods II. IMPACT ANALYSIS TASKER WOODS REZONING IMPACT ANALYSIS STATEMENT April 2006 The Tasker Woods site is ideally suited for mixed use residential development. The project, comprised of parcels 76-A-49 and 76 -A -48A, totals 79.18 Acres of land zoned RA (Rural Areas) and is located along the eastern boundary of the Opequon Urban Development Area. By action of the County Board of Supervisors on July 13, 2005 this project was included in the Urban Development Area and Sewer and Water Service Area (see Figure 1) thereby allowing for this rezoning petition which seeks to rezone 18.89 acres of land to B2 (General Business) with the remaining 58.08 acres of the site becoming RP (Residential Performance) (Figure 2). The rezoning would result in a high quality mixed use development with single family attached and detached uses for a maximum of 319 dwelling units. The site is surrounded by primary and major collector roadways providing for excellent transportation characteristics. The site has a high elevation of 722.10 feet and a low elevation of 690.0 feet with a general cross slope of 2% to 5%. Characteristic of most properties within the Martinsburg shale areas of Frederick County, this site was intensively farmed at some point, however in at least the last 20 years, no farming has occurred. This site is overgrown by cedars and scrub brush which is characteristic of land taken out of basic agriculture. Site drainage is afforded by a tributary to Wrights Run which traverses the site from west to east along with a minor drainage shed which leaves the site to the north and east. The principle land use surrounding the site is single family residential with some institutional and church uses. The area to the south is predominantly the Eastgate Industrial Park which is a developing center for economic development in Frederick County. The site is underlain by Martinsburg shale which has been very suitable for the development of residential communities within the Urban Development Area. Site utilities traverse the site including a major water main loop owned by the Frederick County Sanitation Authority. Sanitary sewer is available to the south as a part of the Eastgate Industrial Park. SURROUNDING PROPERTIES As mentioned, the principle use surrounding this site is residential. Figure 3 shows an aerial photograph from 2001 depicting the characteristic developed uses in the vicinity of the site. The predominate use to the north of the site is the Macedonia Methodist Church facilities including a new church together with the old chapel facility and community building and graveyard. To the north and west is older established single family homes along Macedonia Church Road and Canter Estates which is a part of the Tasker area land bays and approaching build out of single family homes. To the south and west are a single family home and a small farm together with lands planned for business and industrial uses including 1 IN "Excluded from vSMA Parcels :000 UDA Landuse Roads Residential .r""V Primary Roads Business Secondary Roads Open Space Streams Industrial = Lakes Tasker Woods Land Use Plan DRAFT - June 2005 0 no 5M I'M Fftt N W *F S M 9 -Ir- / 109ic- 9 t i � t 1p, COMMUNITY CENTER EDQNIA, .. L POCKET PARK '►, (3 Ac) ko: . kIE • Sr,,,, DET II -... CCCU 3 RE�Z❑NE RA' TD RP � \\ � ... ARE=S_. PR�P�SED USE, ;SF%DETACHED CLUSTER,` SF SMIAl!L-- LOT L SF ATTACHED ,� \ SF ATTACHE /(TOWNHOMET . , . i -. i , �4 i \ TASKER WOODS Patton, Harris, Rust & Associates, PC o"K• GENERAL/ZED DEVELOPMENT PLAN 117 E. Ficodly SL Wjhchester, Virginia 22601 0 ori -- a VOICE: {540} 667-2139 FAX; (540) 665-0493 FIGURE , f�'xid"„ ."�} •t,.- x`sl, i 5 � rx t rygu� ,el r yF k . owUPJf f� -r 1 J S 4 ' r'tJJ 1► 0' 74 '71 ; f vi e,�r•° ...9` 1� � ✓� ` r,. .1K:�4* S. ! {J�6 �' s�r� �1 1 b a `* �A testi y*•Y+. w �.' 1 tA'e�&1� t w... �F' s: ,.art"' "' c r'x"'4 iALf. '`'•'� J _ �` .. �` C� f"! Yy � 1 .�a L , qq . TASKER WOODS Patton, Harris, Rust & Associates, Pc LOCATION MAP 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 fRMER/CK COUNTY, WG/N/A FIGURE . the Eastgate Industrial. Park. To the east are large lot residential uses generally fronting on Route 522. The suggested land use plan was created during the UDA expansion process and shows a hierarchical transition of residential intensities with single family detached uses turning to single family attached prior to the transition to the commercial land bay. This plan provides for a more appropriate transition from the single family uses in the surrounding area to the proposed commercial and existing commercial and industrial areas South of the Property. The site generally drains to a principle tributary of Wrights Run and away from existing residential uses. Design of the project should include special provisions for improvement and mitigation of drainage issues that may arise. Special consideration in design should be given to the existing Macedonia United Methodist Church Road in order to enhance and preserve the church property and function. Also the improvement of White Oak Road as a major collector to create a more appropriate connection with Route 522. ENVIRONMENT Figure 4 is provided to delineate the important environmental features in accordance with County policy and procedures. Of note are wetlands, steep slopes, and other special environmental features. None of the above listed environmental factors presents a particularly difficult planning impact for development of this site. Sensitive use of these areas will produce a meaningful open space plan. The Property is sparsely wooded and includes limited wetlands. The National Wetlands Inventory indicates that wetlands on the site are limited to two ponds on the site, one near the northern property line adjacent to Front Royal Pike as well as a pond situated closer to the Southern boundary of the property near Tasker Road. Any wetlands that may exist along stream channels located on the site will be protected by both riparian buffers as well as an open space plan that provides an additional buffer for these environmental features. There are no special issues regarding previous development on the site that require mitigation. TRAFFIC A complete transportation impact analysis has been prepared and is attached as "Appendix A" Of significance is a plan suggested in the Urban Development Area expansion process which includes a weak link minor collector connection between Tasker Road and White Oak Road as shown on attached Figure 5. By locating this minor collector roadway adjacent to the east property line of the project it affords direct access by future development of properties to the east which primarily front on U.S. Route 522 where intersections should be discouraged. Improvement of White Oak Road to a major collector status in accordance with the Eastern Road Plan is provided by proffer for this project. It includes improvement of the roadway along the frontage of Macedonia Church Road. The initial part of this improvement has 0 WETLANDS (EX POND) Nr`_~�� \, \ t �•- f -1 i",. i i` w may. i �}� ,71 3 t WETLANDS } IN l',Fk-%TREAM ��-•-_off-� ..�--'\�•.,,r `/'iJ _r`-�. }ter '7 'I,_l � ),' �If r�r--_�.'-' ��;ti �('' f i i r-"' _ I f� � , �,f,r� .iILJ'�r�! J-.•--�•` A'';. FIGURE x o TASKER WOODS Patton, Harris, Rust &Associates, pc ll o ENVIRONMENTAL FEATURES 117 E. Picadilly St. Winchester, Vrginia 22601 O QL VOICE: (540) 667-2139 FAX: (540) 665--0493 � � FREDERICK CDUNTT; �/RGIN/A FIGURE 3 � �.. , • ��\ BOG ev, iv 80' RIGHT—OF—WAY- �tilrF ~40 .t MACFD�► r -, ADDITI❑NAL ROW DEDICATION •i• `• , .. s t � t r. r f d 60' RIGHT—OF—WAY (40' FC TO FC) t d - W J - r 10 i TASKER WOODS Patton, Harris, Rust & Associates, pc 'I` o TRANSPORTATION PLAN 117 E. Picadilly St. Winchester, Virginia 22601 FAX: 665-0493 � ,1 FREDERICK CDUMY, 19RGlN14 EXISTING PLANNED INTERSECTION t -.;C2D cc , 60' RIGHT—OF—WAY f /V'U/Yt 0 o TASKER WOODS Patton, Harris, Rust & Associates, pc 'I` o TRANSPORTATION PLAN 117 E. Picadilly St. Winchester, Virginia 22601 FAX: 665-0493 VOICE; (540) 667-2139 (540) FREDERICK CDUMY, 19RGlN14 f /V'U/Yt 0 been accomplished in the Canter Estates Master Plan and construction drawings. Special provisions for access to the Macedonia Church need to be planned to allow for full functional use of this facility as a part of entrance planning to this new road. One new connection to this new road is proposed as a part of development planning for Tasker Woods in accordance with Macedonia United Methodist Church. Also a connection is afforded to Macedonia Church Road resulting in a better intersection condition and a connection is provided to Tasker Road at a location already planned and for which an entrance has been installed as a part of regional transportation planning. This connection will be the primary access for business and commercial zoning which is a part of this application and provide access to the residential portion of the project. Details regarding edge treatment for the cemetery, entrance buffers and screens, and onsite church improvements have been agreed upon by the Church and applicant and shall be included as proffered conditions for the project. The traffic impact analysis (FIA) indicates that the proposed rezoning of both residential and commercial portions of the Property would result in a total of 12,846 new vehicle trips per day. Trip distributions indicated that the majority of the traffic (60%) will travel North on Front Royal Pike. The remaining trips will head either South on Front Royal Pike (15%) or West on Tasker Road (25%) towards Interstate 81 and the 37 Bypass. When paired with 2010 background traffic from both existing and planned development projects, the TIA indicates that in order to meet a level of service C or better, signalization will be needed at four intersections: Tasker Road and White Oak Road, Tasker Road and Front Royal Pike, White Oak Road and Front Royal Pike, and Marcel Drive and Tasker Road. The rezoning of the Eastgate Industrial Park and Commerce Center provides for the signalization of Tasker Road and Front Royal Pike when warranted by VDOT. Additionally, a signal at the intersection of White Oak Road and Tasker Road was proffered as part of the Cedar Meadows application, thereby making the proposed development responsible for the signalization of Route 522 and Macedonia Church as well as Tasker Road and Marcel Drive.. In recognition of the importance of the Tasker Road corridor and future transportation improvements needed in the area, the Applicant has proffered $500 dollars per single family, attached unit and $1000 per single family, detached unit for a maximum of $219,500 that could be used in conjunction with the revenue sharing program. SEWAGE CONVEYANCE AND WATER SUPPLY Presently sewer service is available via an 8" main that travels to the south of this project by a pump station installed adjacent to Tasker Road as a part of the Eastgate project. A new pump station will be needed and is shown on Figure 6. An analysis of run times on the existing pump station and scheduled additions to the pump station would indicate additional capacity is available for this project. Using a standard rate of 200 gallons per day/dwelling unit and 200 gallons per day/1,000 square feet of commercial floor area, it is projected that the proposed development would produce approximately 99,600 gallons per day of sewer flow. Wastewater generated by this project will be transferred to the Parkins Mill Wastewater Treatment Facility which is being expanded from 2 to 5 MGD by the FCSA and FWSA at this writing. This project will have a scheduled and minor impact on sewage impact flows and connection fee income as 3 -_ f\ HIT f f� �`\� "41 . i, - r � r`• � r t a` r } r ❑ Q -- � a - X .PUMP - % Ti9 - `r �idFI0t7 1 I '',� ,1• ri� 1....._',� i ) f lir. 1: /'� t'�. ei C� iri POEOSEIJ�r ,rdRCE MfAIN f t PROPOSED FORCE MAIN F� \\ \ EX. PUMP STATION FIGURE 5 TASKER WOODS Patton, Harris, Rust & Associates, pc �I • � UTILITY PLAN 117 E. Picadilly St. Winchester, Virginia 22601 FAX: 665-0493 p p p Q VOICE: (540) 667-2139 (540) FREDERICK COUNTY, VIRG/NIA FIGURE 5 a scheduled and minor impact on sewage impact flows and connection fee income as recently increased by the FCSA will provide for capacity expansion as planned for the Urban Development Area. Water supply is provided by way of a 12" water main located along the western boundary of this site which serves as a loop connection along U.S. Route 522 through Albin to a connection with the 20" transmission main located near the Papermill Road intersection with Route 522. Water demand of the project would be equivalent to its sewer production of 99,600 gallons per day. Current water pressures in the area are acceptable to serve the proposed uses. The proposal would have a manageable impact on operating characteristics. The primary water source for this development is the Stephens City quarry system through the James Diehl Water Treatment Facility augmented by both the City of Winchester connection to the transmission main from Middletown and by the Northern Water Plant at Clearbrook in cases where needed. There is adequate capacity to serve this development in those systems and charges for water service connections allow mitigation by the FCSA on facility improvements needed. DRAINAGE Figure 7 shows a preliminary plan for storm water management for this site. Of note is the use of existing ponds for wet storm water management facilities and additional storm water management facilities will be installed in the general location shown. This site will be served by enclosed storm sewer of modern design and will meet the State of Virginia requirements for storm water management. As previously noted, there are no special impacts of drainage on adjacent properties. Of note are the properties to the north and east of the project where a small portion of the drainage shed discharges to adjacent lands. Special precautions will be made in all places where direct discharge leaves the site to first concentrate the discharge back into the site for purposes of management and secondly, to mitigate the effects of impacts that may be created by the increased intensity of land use for this project. There are no special issues which require offsite improvements noted as a part of this analysis. SOLID Waste The following table shows a projection of solid waste generation as a part of this project. Unit Type Units Waste Generation Total Waste (lbs) Single Family Detached 120 12 lbs/day 1,440 Single Family Attached 199 9 lbs/day 2,388 Office Space 179,000 square feet 251bs/1,000 s .ft. 4,475 Total 8,303 Requirement of curbside pick-up will be an improvement to solid waste issues associated with increased dumpster use in the County. 4 EX P A_` X SWM T9 �` POND f r' -- � J�` � �✓J Jai air- .-.-...��' ��."-�--_�.- � 'A,r'`"a_�.^-� 4- DRAINAGE PLOW DIRECTI❑N POSSIBLE STORMPONDS fit t C-�' `---`l~ 1 /' J �f 1✓�r� .J i rJ1 � TASKER WOODS Patton, Harris, Rust & Associates, pc l oSTORMWATER i f . f ia.Z .i'. O a VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDER/CIC COUNIl; I�IRG/N/A I -- � J�` � �✓J Jai air- .-.-...��' ��."-�--_�.- � 'A,r'`"a_�.^-� 4- DRAINAGE PLOW DIRECTI❑N POSSIBLE STORMPONDS fit t C-�' `---`l~ 1 /' J �f 1✓�r� .J i rJ1 FIGURE 7 � TASKER WOODS Patton, Harris, Rust & Associates, pc l oSTORMWATER MANAGEMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O O a VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDER/CIC COUNIl; I�IRG/N/A I FIGURE 7 HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any structures of historic importance on the subject site. Moreover, pursuant to the National Park Service Study of Civil. War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. IMPACT ON COMMUNITY FACILITIES The mixed use nature of this proposed rezoning will help mitigate the fiscal impacts associated with providing services to the residential component of the project. However, the Applicant has proffered to fully mitigate the projected impacts of the residential development as a definitive phasing schedule for the commercial portion of the project has yet to be determined. Specifically, the Applicant has proffered to contribute $24,290 per single family detached unit and $18,231 per single family attached unit at the time building permit. The total contribution exceeds the County Impact Model by $500 dollars per unit for single family, attached uses and $1,000 per unit for single family, detached uses and is proffered to be allocated as follows: Single Family Detached ■ Fire and Rescue: ■ General Government: ■ Public Safety: ■ Library: ■ Parks and Recreation: ■ School Construction: ■ Transportation: Single Family Attached $720.00 per unit $320.00 per unit $658.00 per unit $267.00 per unit $2,136.00 per unit $19,189.00 per unit $1,000.00 per unit TOTAL: $24,290.00 per unit • Fire and Rescue: ■ General Government: ■ Public Safety: ■ Library: ■ Parks and Recreation: ■ School Construction: ■ Transportation: $528.00 per unit $245.00 per unit $503.00 per unit $204.00 per unit $1,634.00 per unit $14,618.00 per unit $500.00 per unit TOTAL: $18,231.00 per unit 5 January 2006 Tasker Woods APPENDIXA. TRAFFIC IMPACT ANALYSIS Patton Harris Rust & Associates, pc Encj neers, Surveyors. Planners. Landscape Architects. JUL 2 1 2006 Pi4 00 + l Ma insburff Avenue, Suite 54 Martinsburg, West Virginia 25401 T 304.264.2711 F 304.264.3671 To: Susan Eddy Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: Frederick County Planning Michael Glickman, PE July 11, 2006 Addendum An Addendum to: A Traffic Impact Analysis of the Tasker 14076-1-0 Patton Harris Rust & Associates, pc (PHR+A) has prepared an addendum to: A Traffic Impact Analysis of the Tasker Woods, by PHR+A, dated January 18, 2006. The purpose of this document is to present revised traffic impact analyses due to modifications to the proposed development land uses. The revised development is to include 120 single-family detached units, 199 townhouse units and 179,000 square feet of retail (formerly 179,000 square feet of office). Revised analyses are provided for 2010 build -out traffic conditions. All analyses and methodology are consistent with the January 2006 report. TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 1 was prepared to summarize the total trip generation associated with the Tasker Woods development. Table 1 Proposed Development: Tasker Woods Trip Generation Summary ITE Land Use Code Amount In AM Peak Out Hour Total In PM Peak Out Hour Total ADT 210 Single -Family Detached 120 units 23 70 93 80 47 126 1,200 230 Townhouse/Condo 199 units 15 74 90 71 35 106 1,731 820 Retail 179,000 SF 135 87 222 441 478 919 9,915 Total Tris 174 231 435 1 592 560 1 15I 1 12,846 Page 1 of 11 Patton Harris Rust & Associates, pc Addendum To: Susan Eddy Page 2 of 7 TRIP DISTRIBUTION AND TRIP ASSIGNMENTS The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed Tasker Woods development. PHR+A utilized the trip distribution percentages shown in Figure 1 to assign the proposed Tasker Woods trips (Table 2) throughout the study area roadway network. Figure 2 shows the respective development -generated ADT and AM/PM peak hour trip assignments. 2010 BUILD -OUT CONDITIONS The Tasker Woods assigned trips (Figure 2) were then added to the 2010 background traffic volumes (consistent with the January 2006 report) to obtain 2010 build -out conditions. Figure 3 shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 4 shows the respective 2010 build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are provided in the Appendix section of the report. Engineers 9 Surveyors • Planners • Landscape Architects Patton Harris Rust & Associates, pc Addendum To: Susan Eddy Page 3of7 Figure 1 Trip Distribution Percentages Engineers 9 Surveyors • Planners 9 Landscape Architects Patton Harris Rust & Associates, pc Addendum To: Susan Eddy Page 4of7 No Scalemap e �l a w Macedon a r` Church Rd 13CSo Macedonia Church Rd Site -Drive I o^ SITE N O� 3� b N ` Thr oa arkerRoad r~35�8a d (148)4.3 ftfto 2� AM Peak Hour (PM Peak Hour) r nT TR +A Figure 2 Development -Generated Trip Assignments Engineers • Surveyors • Planners • Landscape Architects Patton Harris Rust & Associates, pc Addendum To: Susan Eddy Page 5of7 No Scale , w �59 0 (42)54m-.0 *� (30)41 P V� M d N ry N Q 1 �(6 4 Macedonia 2 Church Rd 1J M� 2) � 9!!2� 8Jls,9 (9)19 (5)3 �♦ (6))113 e j !9� !1 s J - 5 O Macedonia Church Rd Site -Drive SITE 0 N a `�JBJQa `7 Q ��919�8-flJ s �o- t P rli' �33) °ao raskerRoad d� J 427 (770J243 �O r`1g�26) 31 7 `� )835 (42)60 �' o y P 1 �69� w a C16141�05��1 l � .mac bq AM Peak Hour (PM Peak Hour) ' LP_ P+A Figure 3 2010 Build -out Traffic Conditions Engineers • Surveyors • Planners 9 Landscape Architects Patton Harris Rust & Associates, pc Addendum To: Susan Eddy Page 6of7 Figure 4 2010 Build -out Lane Geometry arra ; evels of Serviee Engineers • Surveyors • Planners 9 Landscape Architects Patton Harris Rust & Associates, pc Addendum To: Susan Eddy Page 7of7 CONCLUSION The traffic impacts associated with the revised Tasker Woods development are acceptable and manageable. All intersections, except Tasker Road/Mercel Drive intersection, would maintain levels of service consistent with the January 2006 report. The improvements suggested at the intersections of Route 522/Tasker Road, Route 522/Macedonia Church Road and White Oak Road/Tasker Road are consistent with the January 2006 report. The following reiterates the suggested intersection improvements. • Route 522/Tasker Road: Traffic signalization will be required. • Route 522/Macedoma Church Road: Traffic signalization will be required. • White Oak Road/Tasker Road: Traffic signalization and separate southbound right -turn lane will be required. • Mercel Drive/Tasker Road: Traffic signalization and separate southbound left -turn lane and westbound right -turn lane will be required. Engineers • Surveyors 9 Planners • Landscape Architects A Traffic Impact Analysis of the Tasker Woods Located in: Frederick County, Virginia Prepared for: Morlyn LLC 22A Ricketts Drive Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners_ LrndsccpeArchitects. p pA 300 Foxcroft Avenue, Suite 200 Martinsburg, West Virginia 25401 H T 304.264-2711 F 304.264.3671 February 2, 2006 OVERVIEW Report Summary Patton Hams Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Tasker Woods development located along the northwest quadrant of the intersection of Route 522/Tasker Road in Frederick County, Virginia. The proposed development is to be comprised of 120 single- family detached units, 199 townhouse units and 179,000 square feet of office. Access will be provided via Route 522, Tasker Road and Macedonia Church Road. Build -out will occur over a single transportation phase by the year 2010. Figure 1 is provided to illustrate the location of the proposed Tasker Woods development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Tasker Woods development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including growth rates and other planned projects in the area of impact, • Calculation of trip generation for the proposed Tasker Woods development, • Distribution and assignment of the Tasker Woods development generated trips onto the completed study area road network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS -2000, for existing and future conditions. EXISTING CONDITIONS Patton Harris Rust & Associates, pc (PHR+A) conducted AM and PM peak hour manual turning movement counts at the intersections of Route 522/1\4acedonia Church Road, Route 522/Clydesdale Drive, White Oak Road/Macedonia Church Road, White Oak Road/Tasker Road, Route 522/Tasker Road and Mercer Drive/Tasker Road. ADT (Average Daily Traffic) was established along each of the study area roadway links using an average "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8% as determined from the Virginia Department of Transportation (VDOT) traffic count data Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service= All traffic_, count data and HCS -2000 levels of service worksheets are included in the Appendix section of this report. PH A Tra zcImpactoject sis of Tasker Woods Project Number: 14076-1-0 February 2, 2006 Page I No Scale CC Figure 1 Vicinity Map - Tasker Woods, Frederick County, Virginia HP R+A A Traffic Impact Analysis of Tasker Woods Project Number: 14076-1-0 February 2, 2006 Page 2 r J C d CC Figure 1 Vicinity Map - Tasker Woods, Frederick County, Virginia HP R+A A Traffic Impact Analysis of Tasker Woods Project Number: 14076-1-0 February 2, 2006 Page 2 a No Scale ow 11 (42)54.•% �� (30)41 r -� N T P d N o- N � rso Macedonia O (j2) rIQJ6 Church RdJ� s� (9)19 ft..p ( 9(I8 �� (5)3 * / /} (6)13 %o -I I1601 1 L L 1 1 Macedonia Church Rd 1 Site t____ Drive i -'' SITE koro rlyJB � i ' � . w0� Or?I'r�sJ ✓ ✓ ��� � J` A. 9 r � J aSkerROBd !`140 Q (27) (104),00 °(2zg) ` (138),59 `O 1 q(18) 1 (25)46 � J J �\ AM Peak Hour (PM Peak Hour) Figure 2 Existing Traffic Conditions PH A Traffic lmpacroject sis of Tasker Woods Project Ntunber: 14076-1-0 February 2, 2006 Page 3 No Scale ■ Untesignrsaliel .0 1 Inection *(BX X11 N N Unsignalized * Intersection 1�Q Unsignalized Macedonia — i Intersection Church Rd B)B 1 �* e Macedonia Church Rd _ _SitewDrive � 1 0 i SITE ; a Unsignaiized oroa �� i Intersection Q l qrJ nsignalized Intersectio 1 Unsignalized Intersection �o TaSkerRoad 4?�� ao A(A)*�� * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) ■-T T��'/ Figure 3 Existing Lane Geometry and Levels of Service PHRn A Tra is Tn2 act Ana! sis o Y'asker YYooas Project Number: 14076-1-0 February 2, 2006 Page 4 2010 BACKGROUND CONDITIONS PHR+A increased the existing traffic volumes along Route 522, Tasker Road and White Oak Road using a conservative annual growth rate of four percent (4%) per year through Year 2010 based upon published VDOT historical traffic count data. In order to incorporate trips associated with the specific future "other developments" located within the vicinity of the proposed site, PHR+A utilized the following reports: 1) Tratfic Impact Analysis for the Home Depot Distribution Center @ Easter by Vettra Company, dated October 2002; 2) A Phased Traffic Impact Analysis of Crosspointe Center, by PHR+A, dated September 2003; 3) A Trac Impact Analysis of Freedom Manor, by PHR+A, dated July 2004; 4) A Phased Traffic Impact Anal semis of the Villages at Artrip, by PHR+A, dated December 2004 and 5) A Tra is Impact Analysis of Cedar Meadows, by PHR+A, dated April 2005. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to summarize the trip generation for the "other developments" surrounding the site. Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 5 shows the corresponding 2010 background lane geometry and AM/PM peak hour levels of. service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of Tasker Woods Project Number: 14076-1-0 February 2, 2006 Page 5 Table 1 2010 "Other Developments " ,r-.- CnmmnrV Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT Background Development # 1 Home Depot Distribution Center - Phase 21 21 62 82 927 150 Warehousing 252,000 SF 65 14 79 Background Development # 2 The Shenandoah - Phase 2= 478 336 814 704 773 1,477 17,094 — Mixed Land Use -- Background Development # 3 Development West of Site on Tasker Road 219 182 107 288 3,000 210 Single -Family Detached 300 Units 55 165 Background Development # 4 Wakeland Property 820 Retail 80,000 SF 84 53 137 259 281 540 5,874 Background Development # 5 #11 Elementary School and Admiral Byrd Middle School 6 826 520 Elementary School 640 stud. 110 76 186 391 2 66 5 61 128 1,377 522 Middle School 850 stud. 223 168 Background Development # 6 Freedom Manor 210 Single -Family Detached 120 units 23 70 93 80 47 126 1,200 Background Development # 7 522 Ventures ' 820 Retail 94,743 SF 92 59 152 290 314 604 6,557 (8.7 acers @ 0.25 FAR) Background Development # 8 Cedar Meadows 251 Elderly Housing - Detach 140 units 14 23 37 cc 38 24 63 721 Note 1: The existing Home Depot Distribution Center Will oe expanuuu uy L ,V Note 2: Trip generation values are taken directly from the report: Home Depot Distribution Center @ Eastgate PHRn A Traffic Impact Analysis Ott asKer vrooas Project Number: 14076-1-0 February 2, 2006 Page 6 Table 1 (cont.) 2010 "Other Developments Trin Generation Summary Code Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total Background Development# 9� Artrip (Phase 2) Land Bay A 210 Single -Family Detached 102 units 20 60 81 69 40 109 1,017 230 Townhouse/Condo 438 units 29 140 168 135 67 202 3,811 820 Retail 10,000 SF 24 15 39 66 71 137 1,520 Land Bay B 210 Single -Family Detached 37 units 9 27 36 28 16 44 373 Land Bay C 488 Soccer Complex 3 field 2 2 4 43 19 62 214 Total Tris 84 244 328 340 214 554 6,935 Total Internal 1 1 2 16 16 31 107 Total Pass -by 0 0 0 0 0 0 0 Total "New Trips" 83 243 326 325 198 523 6,828 Background Development # 10 Crosspointe Center (Phase 2) 210 Single -Family Detached 775 units 138 414 552 435 245 679 7,750 230 Townhouse/Condo 200 units 15 74 89 73 36 109 1,740 253 Elderly Housing - Attach I00 units 4 3 7 6 4 10 348 710 Office 90,000 SF 151 21 171 31 150 180 1,224 820 Retail 440,000 SF 236 151 386 801 868 1,669 17,673 Total Tris 544 661 1205 1,346 1,302 2,648 28,735 Total Internal 80 80 159 330 330 660 6,954 Total Pass -by 29 29 58 125 125 250 2,651 Total "New Trips" 435 553 988 890 847 1,737 19,130 Total Background Tripsl 1,661 1,761 3,423 2,856 2,718 5,575 63,534 PHR1� A Traffic Impact Analysis of Tasker Woods Project Number: 14076-170 February 2, 2006 Page 7 N lh No Scale o we w (42)54 �� (30)41 N W T r f ti N N MacedoniaChurch Rd 19�7g rJ3o9` 1 Ll. Q 1 1 Macedonia Ch / Site Drive urch Rd I --------. 1 i " 1 0 SITE _ i66 Oro r1 661 � � 9 �l tio- hp Q` m raSkerRoa�39 (622)243 �%1 r`I8(26)4ji )792 (42)60 b ry ( J J AM Peak Hour (PM Peak Hour) m 1 Figure 4 2010 Background Traffic Conditions A Trak Impact Analysis of Tasker Woods Project Number: 14076-1-0 P �� February 2, 2006 H Page 8 No Scale / Unsignalized * Intersection 4 T :edonia rch Rd�y 'Iry *B)B 11 O �T Q M-_cedonia M in� Un exsection Intersection (C)< titt NN Unsignalized Intersection r c Site -D i_____ rive SITE ""'' Unsignalized .' Intersection 1� *� T as Signalized' "Suggested Iniesection Improvements" ILLS: B*B) Signalization K� `N i *MF Unsignalized Intersection * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 5 2010 Background Lane Geometry and Levels of Service A Tra is Impact Analysis o L Tasker Woods P Project Number: H February 2, 2 1-0 February 2, 2006 Page 9 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7t' Edition of the Institute of Transportation Engineers' (ITE) Tri Generation Report. Table 2 was prepared to summarize the total trip generation associated with the Tasker Woods development. Table 2 Proposed Development: Tasker Woods 'rA" (_nnPrnfinn g11mmarV ITE Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total I 210 Single -Family Detached 120 units 23 70 93 80 47 126 1,200 230 Townhouse/Condo 199 units 15 74 90 71 35 106 1,731 710 Office 179,000 SF 263 36 299 47 232 219 2,089 Total Tris 302 180 482 198 313 511 1 5,020 TRIP DISTRIBUTION AND TRIP ASSIGNMENTS The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed Tasker Woods development. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Tasker Woods trips (Table 2) throughout the study area. Figure 7 shows the respective development -generated ADT and AM/PM peak hour trip assignments. 2010 BUILD -OUT CONDITIONS The Tasker Woods assigned trips (Figure 7) were then added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 9 shows the respective 2010 build -out lane geometry and AMTM peak hour levels of service. All HCS -2000 levels of service worksheets are provided in the Appendix section of the report. P�R'� A Trak Impact Analysis of Tasker Woods Project Number: 14076-1-0 February 2, 2006 Page 10 Figure 6 PHRl� Trip Distribution Percentages A Tra tc Im act Analysis of Tasker Woods Project Number: 14076-1-0 February 2, 2006 Page I1 F5 No Scale o �l *1 • o J' W N Macedonia" rfl9 Church Rd Jls �� l8�3IJ I o y�1 Macedonia Church Rd A Site -Drive 0 Gam, SITE a a b^, L ro J9s O ;U T asker 1 aQ i Road r` Z�(a7j (20),30 (30)4S � � 3h` AM Peak Hour (PM Peak Hour) 1 M Figure 7 Development -Generated Trip Assignments PHR1� A Traffic Tra Impact Analysis ofTasker WoodsAnalysis of Tasker Woods Project Number: 14076-1-0 February 2, 2006 Page 12 El W No Scale g G1 N JWO L1. (73)72 (3())41--%)A r V � " w N d � I d n7 n 1 J~ N tr r, Macedonia 1( 4!` Z r, ,J? Church Rd *14% (6J jJ2o 69� ((5)3 � 3j(4yJ (6)133 p ry N ♦ 2rasrj N bry1 n11. L Q Macedonia Church Rd Site -Drive SITE a a a ' X66_ 9, opo- r2� iso O � Jjo��Mq` a20 .S ~ Oy �b N � ✓ .ai 'Fe � i- c TaSkerRoad i �qz (33) 0 �w 4 �656)273-� l8(26)9q) 2)837 (42)60 1► I j �� 169 0 q� �1511)698'y T A AM Peak Hour (PM Peak Hour) Figure 8 2010 Build -out Traffic Conditions A Traffic Impact Analysis of Tasker Woods PH J� Project Number: 14076-1-0 February 2, 2006 Page 13 F UJ I I No Scale * fF Unsignalized Intersecfion * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 9 2010 Build -out Lane Geometry and Levels of Service PHRn A Traffic Impact Analysis of Tasker Woods Project Number: 14076-1-0 February 2, 2006 Page 14 CONCLUSION The traffic impacts associated with the proposed Tasker Woods development are acceptable and manageable. The intersections of Route 522/Tasker Road, Route 522/Macedonia Church Road and White Oak Road/Tasker Road will maintain constrained peak hour levels of service "F" during both 2010 background and build -out conditions, suggesting .a negligible impact from the proposed development. Improvements are suggested for the aforementioned intersections to maintain acceptable levels of service "C" or better, as shown in Figures 5 and 9, during 2010 background and build -out conditions, respectively. The unsigaalized intersections of Route 522/Clydesdale Drive and Tasker Road/Mercer Drive will maintain levels of service "D" or better during build -out conditions. Signalization at these intersections will likely not be warranted. The following reiterates the suggested intersection improvements. • Route 522/Tasker Road: Traffic signalization will be required. a Route 522/Macedonia Church Road: Traffic signalization will be required. • White Oak Road/Tasker Road: Traffic signalization and separate southbound right -turn lane will be required. PH R+A A T'ra fic ImpaetAnalysis of?'asker Woods Project Number: 14076-1-0 February 2, 2006 Page 15 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed Eby Flcintting Staff0.9 Fee Amount Paid _IL) Zanmg Amendment Number Date Received %Tai_ lr l PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Allden, LLC Telephone: _70.3.820.2500 Address: 2800 Shirlington Rd, Ste 803 Arlington, VA 22206 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map Plat Deed of property Verification of taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement 1 5. The Code of Virl4inia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Taylor -Grace, LLC (Denver Quinnlley, Principal) Hudmare II, LLC (Allan Hudson, Principal) 6. A) Current Use of the Property: B) Proposed Use of the Property acant SF Detached SF Attached and Commercial 7. Adjoining Property: SEE ATTACHED. PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). North of Tasker Road (Route 642) East and South of Macedonia Church Road and west of Front Royal Pike (Route 522). 2 Tasker Woods Property Owner Designation (within 1/ mile radius of property) Tax ID # Name Address zonin2 Use 76-A731A Macedonia Cemetery Assoc. 1941 Macedonia Church Road, White Post, VA 22663 RA Religious 76-A-32 Macedonia Methodist Church 1941 Macedonia Church Road, White Post, VA 22663 RA Religious 76-A-86 George E. Bagley 2000 Macedonia Church Road, White Post, VA 22663 RA Residential 76-A-85 Lane M. Reed 2456 Front Royal Pike, Winchester, VA 22602 RA Residential 76 -A -49D Isabelle Kastak 2490 Front Royal Pike, Winchester, VA 22602 RA Residential 76-A-84 Harry E & Phyliss J. Saville 2492 Front Royal Pike, Winchester, VA 22602 RA Residential 76 -A -49B Minne Mae Butler 2584 Front Royal Pike, Winchester, VA 22602 RA Residential 76 -A -49C Roger L. & Joan F. Strosnider 2606 Front Royal Pike, Winchester, VA 22602 RA Residential 76 -A -49A David S. & Pamela B. Lehr 2678 Front Royal Pike, Winchester, VA 22602 RA Residential 76 -A -51C Clifton R. Strosnider 173 Armel Road, Winchester, VA 22602 RA Residential 76-A-48 Betty J. Tinsman 1804 Macedonia Church Road, White Post, VA 22663 RA Residential 76 -A -47B William & Loretta Heflin 113 Tadpole Lane, White Post, VA 22663 RA Residential 76-A-36 Richard & Catherine Palmer 1789 Macedonia Church Road, White Post, VA 22663 RA Residential 76-A-35 Wayne E. Wilkins 1847 Macedonia Church Road, White post, VA 22663 RA Residential 76-A-34 Gary E. Whitacre 1861 Macedonia Church Road, White Post, VA 22663 RA Residential 76-5-55 Glen M. & Hattie P. Borrer 1873 Macedonia Church Road, White Post, VA 22663 RA Residential 76-5-59 Elizabeth Properties, LC P.O. Box 480, Stephens City, VA 22655 RA Residential 76-5-61 Elizabeth Properties, LC P.O. Box 480, Stephens City, VA 22655 RA Residential 76-5-62 Elizabeth Properties, LC P.O. Box 480, Stephens City, VA 22655 RA Residential 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. 1-1 I (we) hereby cfNify that is Ipplircati and its accompanying materials are true and accurate to the best of my ( u kngARI dge, b 1 r Applicant(s) Date O s Date 6 b!c 4 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Allden, LLC (Phone) (Address) 2800 Shirlington Road Ste 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 Instrument Year: 2004 Instrument Number: 4069 Deed Book on Page and is described as Parcel: 49 & 48A Lot: Block: A Section: 76 Subdivision: do hereby make, constitute and appoint: (Name) Charles Maddox, Patrick Sowers, John Callow, Clay AtAthey, Ron Mislowsky (Phone) 540-667-2139 'Address) 117 E. Piccidilly Street Winchester VA 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) X Subdivision X 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, orL27hday.4qnuq,2006, t is otherwise rescinded or modified. 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QB. 521Y, Pty. 565 r PB. f .¢.aYisco -A"G. 2/,/990-i •�-`/+C- _ AAp^ ,q r�.b T.ax MAP P�RCc� T6 -A -48 VINMD� j ? ,.�••Mtr, t C�, /i.r.+r./ oA. �i ;Z, LF pYaa.•._:: -mit ;vsa�ie�4a wins 9a• __ \ -' t �-- - 401//5c% MRTAC/A, c•e.s. si.Te C..,rr1t TAX ydRP J TF/X MAP' T6 -A-53 dONMC 7;'W>TBE 2 cJos-6- ' V. S!/AfPT 01V r3?.7469 19-v 1. I. r IV a4 o. ! U P6 74B BOX /T6 7n Yl�rN/A 22012 - T ACT N23l4r. HLEMONT, 0/76 - //00 S Htjm-r / M t 0 17� 4(_-OUh1T Y of FREDERICK Depart -meat of Planning and Development 546/665-5651 FAX: 546/665-6395 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director RE: UDA Study — UDA/SWSA Boundary Modification Exercise and Land Use Policy Public Meeting. RATE: July 27, 2006 The Frederick County Board of Supervisors, at their meeting on June 14, 2006, provided direction to move forward with the public hearing process for the UDA and SWSA Boundary modification exercise and Land Use policy text amendments. Ultimately, it is the Board's desire to have a recommendation from the Planning Commission on the UDA and SWSA Boundary modifications. On .Tune 21, 2006, the Planning Commission held a public hearing on the item and, based upon the input and discussion, tabled the item. Subsequently, at your July 5, 2006 meeting, the Commission determined that it would be appropriate to bring back the item at the next available Planning Conrrnission meeting, so a recommendation could be forwarded to the Board of Supervisors. In your ongoing consideration of this item, the Commission felt it would be helpful to provide additional notification to property owners in the areas of proposed modification in addition to providing more detailed information describing the exercise. Please find as part of this agenda item the flyer that was used to inform those property owners about the public meeting at which the Commission will discuss the item. As the Commission is aware, the UDA and SWSA boundary exercise is a component of the on-going UDA Study. Prior to moving forward with the more creative and proactive land use policy efforts of the UDA Study, it was determined that as an initial step, the UDA and SWSA boundaries should appropriately reflect the current land use designations of the Comprehensive Policy Plan. In addition, the UDA and SWSA boundaries should follow logical and consistent boundaries or features and relate to each other-. Upon completing this exercise, the foundation will be in place from which to frame the recommendations of the UDA Study. 107 North Rant Street, Suite 202 - Winchester, Virginia 22601-5000 Planning Commission UDA Study July 27, 2006 Page 2 In general, the following graphic represents the three major components of the County's land use policy and how they relate to each other: RA (areas outside of the SWSA ' SWSA And UDA) Expected land UDA and SWSA \ Expected land uses uses based Expected land uses based on policy: based on Policy'. on policy: l ORP uses on public water and sewer *C & I uses on f public water and *Agricultural and large lot *C &J uses on public water and sewe sewer residential uses ® Institutional uses on public •Institutional uses without public water and sewe on public water water and and sewer sewer Enhancements to the Land Use policy language of the Comprehensive Policy Plan are included in this package of information which more accurately reflect and describe current County policy and historical application of the policy. The UDA/SWSA Boundary modification exercise seeks to ensure consistency with the above Land Use Policy of the Comprehensive Policy Plan. In addition, the revisions to the Land Use Policy Language affirm the understanding of the County's UDA and SWSA policy. The modifications of the UDA and SWSA boundaries to more appropriately reflect the current land use designations of the Comprehensive Policy Plan will result in an approximate reduction of 6,624 acres in the UDA and a reduction of approxiiiiateiy 1,495 acres. The proposed UDA would be 16,220 acres in size and the proposed SWSA would be 25,504 acres in size. A more detailed view of the specific areas of modification is described and illustrated in the following breakdown and attached mapping. Planning Commission UDA Study July 27, 2006 Page 3 Staff will be available to discuss the proposed modifications to the boundaries and policy in greater detail at the August 16, 2006 Planning Commission Public Meeting. A recommendation on the proposed UDA and SWSA boundary modifications and accompanying land use policy language to the Board of Supervisors would be appropriate. It is the Planning Commission's prerogative to provide a recommendation on the entire package or on the items and areas individually. Please contact me if you have any questions. MTR/bad Attachments and Use - Comprehensive Policy Plan UDA and SWSA Land Use PolicE Update This plan contains general land use concepts for the future development of Frederick County. It describes the general development patterns that are presently taking place and those that are anticipated or planned. As planning efforts continue, more specific concepts will be developed for interchange areas, rural community centers, and other areas. Such plans will combine planning for land use with planning for roads and facilities. The primary land use concepts in this plan is are the Rural Areas (RA) the Urban Development Area (UDA), and the Sewer and Water Service Area (SWSA). These land use concepts seek to clearly define -_ 4,,.h in orr * divides the County into rural and urban areas. V 11 V VZ-QiYIR�� The Rural Areas of the county can be defined as all areas outside of the Urban Development Area and Sewer and Water Service Area. The Urban Development Area and Sewer and Water Service Area are envisioned to be more urban in character. It is expected that the land uses within the UDA and SWSA will be on public water and sewer. The Urban Development Area defines the general area in which more intensive forms of residential development will occur. Commercial, industrial, and institutional land uses are also encouraged within the Urban Development Area The Sewer and Water Service Area is consistent with the Urban Development Area in many locations However, the Sewer and Water Service Area may extend beyond the Urban Development to promote commercial industrial, and institutional land uses in areas where residential land uses are not desirable The relationship between the threerp imary land use concepts in this plan is further illustrated in the following graphic. RA (areas outside of the SWSA And UDA) Expected land uses based on policy: 'Agricultural and large lot residential uses without public water and sewer / \ SMA q UIM and SWSA E=xpected land ' Expected lend uses based on policy- based on policy SRP uses on public water and sewer "C & f uses an public water and a'C & I uses on public water and sewe) sewer Institutional uses on public water and sewer , `Institutional uses on public water and sewer Land Use - Comprehensive Policy Plan UDA and STVSA Land Use Policy Update Echo Village is an existing residential neighborhood at the intersection of Valle Py ike (Route UI and Route 37. It is zoned RP (Residential Performance) and the residences are served by public water and sewer. This area is not included in the UDA but the existing lots will continue to have access to public water and sewer. The existing residential land uses and residentially zoned lots; would be able; to continue pursuant to current County Ordinances The wider area is planned and zoned for commercial and industrial uses so expansion of the residential development would not be supported. Any future request to change the land use should be; consistent with curre=nt commercial and industrial land use designations -WAMIIMM!Dzr._ �` - - i - Land Use - Comprehensive Policy .flan UDA and SWSA Land Use Policy U date This plan contains general land use concepts for the future development of Frederick County. It describes the general development patterns that are presently taking place and those that are anticipated or planned. As planning efforts continue, more specific concepts will be developed for interchange areas, rural community centers, and other areas. Such plans will combine planning for land use with planning for roads and facilities. The primary land use concepts in this plan are the Rural Areas (RA), the Urban Development Area (UDA), and the Sewer and Water Service Area (SWSA). These land use concepts seek to clearly define the County into rural and urban areas. The Rural Areas of the county can be defined as all areas outside of the Urban Development Area and Sewer and Water Service Area. The Urban Development Area and Sewer and Water Service Area are envisioned to be more urban in character. It is expected that the land uses within the UDA and SWSA will be on public water and sewer. The Urban Development Area defines the general area in which more intensive forms of residential development will occur. Commercial, industrial, and institutional land uses are also encouraged within the Urban Development Area. The Sewer and Water Service Area is consistent with the Urban Development Area in many locations. However, the Sewer and Water Service Area may extend beyond the Urban Development to promote commercial, industrial, and institutional land uses in areas where residential land uses are not desirable. The relationship between the three primary land use concepts in this plan is further illustrated in the following graphic. (Insert Graphic) Echo Village is an existing residential neighborhood at the intersection of Valley Pike (Route 11) and Route 37. It is zoned RP (Residential Performance), and the residences are served by public water and sewer. This area is not included in the UDA, but the existing lots will continue to have access to public water and sewer. The existing residential land uses and residentially zoned lots would be able to continue pursuant to current County Ordinances. The wider area is planned and zoned for commercial and industrial uses, so expansion of the residential development would not be supported. Any future request to change the land use should be consistent with current commercial and industrial land use designations. REDBTfiCR COUNTY S)EPART3vfEk73 .OP l.. ' PLAT$ ?D7 t3 Dl?4? rLt7PME'T4f At" JDA & o W`A Boundary .; 4[odi kationl ore ss ®licy TLIext C..hanges On behalf of the Frederick County Planning Commission, you are hereby noti- fied of a public meeting being held on Wednesday, August 16, 2006 at 7:00pm. The public meeting is part of the regular Planning Commission meet- ing and will be held in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting will consider modifications to the boundaries of the Urban De- velopment Area (UDA) and the Sewer and Water Service Area (SWSA) and associated policy text. This item was previously discussed at a Public Hearing held by the Planning Commission on June 21, 2006. The UDA Study has identified eight general areas where differences with the boundaries occur or where inconsistency with the land use designations of the Comprehensive Policy Plan has been recognized. This current effort seeks to affirm the land use policies of the Comprehensive Plan, and to provide consis- tency with the county's future land use designations. The Urban Devclopme.nt Area:- (UDA) def nes the, general area in whtciz more 4.. InMnsive fnrjns of resin nn' al de-velb bent' will occur,, Com, nwrctal. industrial; and instatutronal land uses are also e' ncouraged -within the Urban De7jel6prizeizt area: The Sever, and MaterService Area jS'WSA), is consistent 'with `the Utbdn Development Area in many locataoni.� However, the,�Sewer and Water Service Area may extend beyond the lr1r n Development to promote commercial, trial., .find instiiuii6nal. land uses rn. ' areas' , here residential ,land uses are not desirable, n FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT 107 N. Kent Street Suite 202 Any interested parties may attend this public meeting You have been identified as an owner of property within an area Winchester, VA, 22601 where the proposed boundary is to be modified. A copy of the agenda will be available for review at the Handley Li- brary and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at Phone: 540-665-5651 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Fax: 540-665-6395 Planning Department's Web Page at wNnv co frederick vo us/PIannineAndDevelopment/PlanninzAndDev.htm JDA and SWSA. Boundary Mcdifieation Apalysis Current UDA area is 22,822.481 acres (28,717.481 — 5,895 acres adjusted for Winchester) Amount Reduced is 6,624.28 acres UDA area post -reduction is 16,219.96 acres Current SWSA area is 27,000 acres (32,895 — 5,895 acres adjusted for Winchester) Amount Reduced is 1,495.17 acres SWSA area post -reduction is 25,504.83 acres The following results are from the identified areas where the UDA and SWSA are being recommended for adjustment. Please refer to the attached maps which are labeled to correspond with each area. Area #I North of Route 37 including the area known as Apple Pie Ridge, Spring Valley, and the Stonewall Industrial Park. Boundaries to reflect existing land use designations. Extension of SWSA to include existing public facilities connected to water and sewer. UDA: 3425 acres reduction SWSA: 564 acres reduction 136 acres addition 428 acre net reduction Area #2 Northeastern section of UDA, including part of the land that is adjacent to the Stephenson Village project. Consistent boundaries that follow property line. Retention of SWSA to include B2 portion of Monastery Property. UDA: 79.7 acre reduction SWSA: 58.5 acre reduction Area #3 Eastern section of UDA including a proffered State conservation area and part of land adjacent to and north of Route 7. Route 7 consistent northern boundary. UDA: 85.3 acre reduction SWSA: 101.2 acre reduction Area #4 South East section south of Senseny Road, east of Greenwood Road, and north of Sulpher Spring Road. Boundary consistency. Property lines. UDA: 47.66 acre reduction 22.9 acre addition 24.76 acre net reduction SWSA: Same Area #5 East of Route 522, South of Route 50, and north of Justes Drive. Winchester Regional Airport, Carpers Valley Area. Also includes area north of Route 50 and South of Sulpher Springs Road. Extension of SWSA to include existing public facilities connected to water and sewer. UDA: 1,766.3 acre reduction SWSA: 0.83 acre reduction 43.5 acre addition 42.67 acre net reduction Area #6 Stephens City area. Removing County policy lines from within Town of Stephens City. Joint Land Use Plan provides guidance for the Town's future annexation and provision of sewer and water. Interstate 81 consistent western boundary of UDA/SWSA. UDA: 69 acre reduction SWSA: 864.8 acre reduction Area #7 Kernstown Area. Route 11 South and Shady Elm Drive. Land use designation conformance. Interstate 81 consistent western boundary to the UDA. Policy language recognition of Echo Village residential area to be noted within the plan UDA: 1104.75 acre reduction SWSA: Same Area #8 Route 50 West at the Route 37 interchange. Land use designation conformance. UDA: 47.7 acre reduction SWSA: Same DA/S'+WSA Bouuda. :nodkfcadon exercise and Land Use Policy PLAITING CON -7 MISSION SUMMtAPA/ AND ACT I®N OF ` HIF 06/2x./06 MEET INC: The Planning Commission received public comments on each individual area separately. Citizens came forward to speak for Areas 1, 2, 4, and 5. Under Area #1, five citizens spoke, with one affected property owner reporting a rezoning application actively in the process of review; three citizens who were opposed to the active rezoning and believed the boundary line modifications should take place before the rezoning was considered; and one property owner desiring to get public sewer. Linder Area #2, two affected property owners spoke against the boundary line modifications because of active CPPA applications or who considered the changes as a devaluation of their properties or a hindrance to the development of their properties. Under Area 44, one affected property owner spoke in opposition; and, under Area #5, two affected property owners spoke in opposition, both giving the same reasons as previously mentioned, devaluation of property and hindrance to development. Although staff bad stated that individual land use designations on properties, whether they be industrial, commercial, residential, or rural areas, would not change through this boundary modification process, Commissioners noted an underlying feeling by the public that a property removed from the UDA would be devalued and the impression that property owners would not be able to develop their property as they had intended when they purchased it. A Commission member noted that if someone purchased property because it was within the UDA, then be would find it difficult to support an action that would remove that classification off the individual's property. Commission members believed that if a property is under any type of active application process, such as a rezoning or a CPPA amendment, then the boundary line modifications for that area should not be acted upon until that property completes its application process; they believed that acting on the boundary line modifications in those particular areas beforehand may be premature and prejudice the review of those proposals. Although some Commissioners were ready to move forward on the areas that were not contested, other Commissioners believed the Commission would be remiss to assume there were not active applications on properties or interests that were concerned about particular boundaries. Commissioners agreed with the intent of the boundary line adjustments, but expressed concern about sacrificing some of the integrity of the UDA Study and the CPPA process, if action was taken on the UDA and S WSA boundaries before those processes moved forward. From an equity perspective, they agreed that if some areas were being considered for tabling, then all of the areas should be tabled or postponed. A motion was then made, seconded, and unanimously passed to table the entire UDA/SWSA Boundary Modification package until not only after the CPPA process has concluded, but also to coincide with the conclusion of the UDA Study or at least until the subcommittee is deeper into the UDA Study, in order to allow the underlying land uses to be examined and all processes can be brought together comprehensively. (Commissioners Watt and Thomas were absent from the meeting.) UDA- Current 0 0.5 1 Z Miles j - VA ` r t ; f - orf /'N/ JDA (current) SWSA - Current SWSA (current) ��I City/Town Boundary ° Q.5 2 Miles N W* S UDA -Area 01 0 1,250 2,500 5,000 Feet 'I { c ,Babb / 564 ac/3 / t reduction l��1 Id H'II e � I P1367 �. 3 a I � RTs i'N 37 a If 1 37 i - - L 6r c -_r- t VA r r v ,. 116 r ; r+larioli 51 - `♦♦ � .., ,�- -,,,�• 4 o SWSA (proposed) Parcels 4 Lr! City/Town Boundary SWSA -Area 01 N O'sov UDA (proposed) Adjusted Area 0 1,250 2,500 5,000 W�E Feet S 001 8.8 ac reduction n v � V ; �® 70.9 ac 6 b reduction ,l V / bfon."te y Ridge Rd' , 1 rA• � \ 2 klr4n�t. 1 All UDA -Area 02 0 500 1,000 2,000 Feet f 58.5 ac \ Ireduction t �F� str�yR�a� 1 !• p i \\ e S / :^ SWSA (proposed) -'' Parcels W" %qP UDA (proposed) Adjusted Area SWSA - Area 02 N 0 500 1,000 2,000 w*s Feet S UDA-Area U3 0 500 1,000 2,0001 Feet \ SVV8A(proposed) --' Parcels AdjustedArea SVVSA -Area 03 u 500 1.000 2,000 Feet 61 kPRz /* 41 14.6 ac --------- - i addition] 8 8 3 ac addition dditition .56 ac reduction 2 2 .8 ac 49n reduction U DA -Area 04 0 500 1,000 2,000 IIJEMI-- 3�� Feet elf Z a caa C& m ta� 44.3 ac reduction SWSA (proposed) Parcels UDA (proposed) Adjusted Area y C L % SWSA (proposed) Parcels UDA (proposed) Adjusted Area SWSA - Area 04 N 0 500 1,000 2,000 wa =�R Feet S L SWSA - Area 04 N 0 500 1,000 2,000 wa =�R Feet S U DA -Area 05 0 1,250 2,500 ` SWSA (proposed) `' -' Parcels s,000 Feet oa� UDA (proposed) Adjusted Area t _ r _ SWSA-Area 05 N 0 5DO1,00D 2,ODD w�e Feet s D .rte, Com, 1 b p r.. U p- J j' I l a � n Vine l.n � —Cam-el„°oar ' \ti yI_ I 1 43.5 ac 1 _� -- addition - I__ 0.83 ac \ ' % reduction - \` U DA -Area 05 0 1,250 2,500 ` SWSA (proposed) `' -' Parcels s,000 Feet oa� UDA (proposed) Adjusted Area t _ r _ SWSA-Area 05 N 0 5DO1,00D 2,ODD w�e Feet s I, a F �,., +ado•• a. , !•.0••0• i V. / Ma Ib ♦ :c y yam, 4c;1 Hd.. 864.8 ac reduction ♦ .tis f � , Cr C, Isla _ i �E �II °di'1 r U DA - Area 06 0 Iso 1,500 3,000 = SWSA (proposed) - Parcels I"F'i City/ Town Boundary SWSA - Area 06 Feer ®®%,®,.o UDA (proposed) Adjusted Area 0 5001,000 2,000 Feet N W*I 5 /+� v cine lid \c Vilinchester, V/ .mac. ! 1 1104.7 ac 37 _ to reductionS" /437, r}} 1 Ib e� l 1 rtll rf p*4; / 1 I f'' "�', - SWSA (proposed) ' Parcels 'Fr'� SWSA -Area 07 o 750 �,soo s,000 - LL�� City/Town Boundary N Feet e0 ®9 UDA (proposed) [J ] Adjusted Area 0 5001,000 2,000 w�s 111111110E::� Feet s j9yr DII u[to 1& UDA-Area 08 0 250 500 1,000 SWSA (proposed) -' Parcels q +r0 City/Town Boundary SWSA -Area 08 Feer OOSZoe UDA (proposed) Adjusted Area 0 250 500 1,000 Feet N WE S o r ; 37 @ 47.7 ac a reduction �- `o � •f e G o a, Y \ ® I -_ 1 St :\n,h�,s[St iF{,erst \ s -hat1 t' CF YS Y 1 i r t j9yr DII u[to 1& UDA-Area 08 0 250 500 1,000 SWSA (proposed) -' Parcels q +r0 City/Town Boundary SWSA -Area 08 Feer OOSZoe UDA (proposed) Adjusted Area 0 250 500 1,000 Feet N WE S E� r � i \f Jr s� r 1 a �- 4"Jinchaster; VA a 0000or ',t 5tephens r City VA 4 I J� s� t U DA - After 0 0.5 2 Miles is yr / 10 t� r i fsteph ns City VA tt { l r UUA (proposed) SWSA (proposed) do"i City/Town Boundary WX =fr SWSA - After N 0 0.5 1 2 Miles L s MASTER DEVELOPMENT PLAN #08-06 RUSSELL 150, LC Staff Report for the Planning Commission Prepared: August 3, 2006 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/16/06 Pending Board of Supervisors: 09/13/06 Pending LOCATION: The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-10 and 64-A-12 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) and B2 (General Business) Districts Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) Use: Residential/Institutional B2 (Business General) Vacant South: RA (Rural Area) Use: Vacant B2 (Business General) Vacant East: RP Use: Residential West: City of Winchester Use: Residential/Vacant PROPOSED USE: 96.28 acres of Proposed Commercial Uses and 54 acres of Residential (townhouses -297 units max based on 5.5units per acre) MDP 908-06, Russell 150, LC August 3, 2006 Page 2 REVIEW EVALUATIONS: VirlZinia Department of Transportation: Other than a few housekeeping issues which can be resolved during the site plan review, the Russell 150 MDP is acceptable to VDOT. 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 Russell 150 MDP dated May 30, 2006 has adequately addressed all of our previous review comments except the comments related to the acquisition of offsite drainage easements. We will address this issue at the time of the site plan or subdivision design phase with the understanding that any change in the characteristics of the stormwater flows will constitute the need for an offsite easement. Frederick County Sanitation Authority: 1 st review — Approved Frederick County Inspections Department: Demolition permit and asbestos inspection required prior to the removal of any existing structures. No additional comments required at this time. Frederick County — Winchester Health Department: No objection — adequate water and sewer service must be available. GIS Department: The following road names are USABLE in the Frederick County Road Naming and Structure Numbering System: Armistead, Bragg, Loring, Pettigrew, Wheeler, Buell, Ingalls, Logan, McClellan, Roscrans, Thomas. The following road names are NOT USABLE because of conflict, either by spelling or by phonetics with road names already in the Frederick County Road Naming and Structure Numbering System: Johnson, Sickles. Winchester Regional Airport: Residential development adjacent to or under a flight path used regularly by aircraft as they arrive or depart the airport is subject to aircraft noise. Due to the proximity of this proposed subdivision to the flight pattern at Winchester Regional Airport, the developer should be encouraged to advise future property owners of this potential through a disclosure statement and possible through a covenant in their property deed or statement in their lease agreement. As the airport continues to expand services and operation, noise associated with such expansion is likely to increase. We offer the following comments regarding this MDP: 1. Potential homeowners/tenants should be provided disclosure statements regarding, airport. operations and consideration should be given to including such statement through a covenant in the deed or a statement in their lease agreement. 2. Developer should include noise attenuation for all buildings whether commercial or residential. 3. Burning should be prohibited to avoid MDP #08-06, Russell 150, LC August 3, 2006 Page 3 visibility obstructions to approaching/departing aircraft. 4. Due to the location of the proposed buildings within the flight pattern, we are requesting that any and all outdoor lighting at this site be of a shielded type and amber in color to minimize possible light pollution on aircraft entering the pattern. 5. During the construction phase of the buildings, all cranes will be required to have an aviation obstruction flag and/or obstruction light visible during operations and must be lowered at night unless lit. Intended hours and dates of operation should be coordinated with the Airport Operations Supervisor no less than twenty-four hours prior to beginning in order for staff to coordinate information with Dulles approach. 6. Given the close proximity to the airport, the developer/engineer will need to file FAA form 7460-1 which can be downloaded from the FAA website along with the instructions. This request mainly concerns the commercial development phase. Department of Parks and Recreation: The revised MDP dated 5/30/06 appears to meet open space and recreational unit requirements. All bicycle lanes/trails appear to meet Virginia Department Standards for hard surface facilities. However, although the project Impact Statement indicated that adequate width must be provided to accommodate bicycle lanes along the East Tevis Street overpass, this is not reflected in the Master Development Plan. This east/west connection is a vital link between the City of Winchester and Frederick County. Without this connection, we will be foregoing an excellent opportunity to facility alternative means of transportation in this area. It is understood the detailed information regarding the required recreational units will be submitted for approval during the site plan review phase of this project. This development does not appear to offer the monetary proffer needed to offset the impact the residents of this development will have on the Parks and Recreation services provided by the County. 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 property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. C) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on MDP 908-06, Russell 150, LC August 3, 2006 Page 4 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 property and all other A-1 and A-2 zoned land to the RA District. On September 28, 2005 the Board of Supervisors approved Rezoning #01-05 which rezoned 96.28 acres of the site to the B2 (Business General) Zoning District and 54 acres the site RP (Residential Performance) Zoning District with proffers. D) Intended Use 96.28 acres of Proposed Commercial Uses and 54 acres of Residential (townhouses -297 units max based on 5.5units per acre) E) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Land Use Compatibility: The parcels contained within this MDP are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. Environment: The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Transportation: MDP #08-06, Russell 150, LC August 3, 2006 Page 5 Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. With the rezoning of the Russell 150 property (Application 401-05), the applicant proffered to construct the ultimate sections of Warrior Drive, Airport Road Extended and East Tevis Street within their property. The applicant also proffered to construct a four lane flyover bridge crossing of Interstate 81 to allow for the East Tevis Street connection between Frederick County and the City of Winchester. Proffers: The following list is a summary of the proffered conditions associated with the approved Rezoning #01-05 (Dated October 22, 2004 and Revised September 16, 2005): Transportation • Agreement to participate in a Community Development Authority (CDA). • Construction of the ultimate section of Warrior Drive (120' right-of-way). • Construction of the ultimate section of Airport Road Extended. • Construction of a four lane flyover bridge crossing over I-81. • Construction of the ultimate section of East Tevis Street within their property. • Monotary contribution of $1,000,000.00 to the Frederick County General Transportation Fund. • Interparcel public street connection for parcel 64-A-18 (Kokorsky). • Bicycle lanes along Warrior Drive, Airport Road and East Tevis Street. (Should improvements not be completed utilizing the CDA, all improvements will be completed by the applicant concurrent with the first phase of development per the approved proffers) Land Uses - Residential • Single family detached rural traditional, traditional and garden apartments are prohibited on the site. • Residential development shall be phased to limit the number of residential dwelling unit building permits to forty per calendar year, beginning the year when the MDP is approved. • Primary structures within the residential portion of the site shall be constructed with masonry wall treatments over a minimum of eighty percent of the wall surface. • Start up fund of $2,500 (lump sum) and $100 per platted lot. Monetary Contribution • $3,000 per residential unit for the Frederick County Public Schools. • $10,000 for Fire and Rescue Services. .Stormwater duality Measures • All commercial and residential site plans shall be designed to implement Low Impact Development and/or Best Management Practices. MDP #08-06, Russell 150, LC August 3, 2006 Page 6 STAFF CONCLUSIONS FOR THE 08/016/06 PLANNING COMMISSION MEETING: The preliminary master development plan for Russell 150 depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers of the rezoning and has addressed all of staffs concerns. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. r ro 1370. - i � fff Q 64 A 6 W f` 64 A 5 64 A 7 64 A 9 /137 City of Winchester Ey RUSSELL 150, LC i 64 A 10 P 7 i f, 77 f r RUSSELL 150, LC 64 A 12 f1 i 63 A 123A'—"e� 7 EFG INVESTMENTS, LLCpomp - rF t I 0 ---�' r i m R P KOKORSKY, MANFRED G p 64 A 18 6C 63 A 124 EFG INVESTMENTS, LLC A. f� 63 A 116C roA EFG INVESTMENTS, LLC Vis. o Urban Development Area APPBcaUon 64 A 4A PRICE COMPANY, THE 64 8 1 ti ro sy mb 64 10 1 q 4q 1367 r o O SHENANOOAH UNIVERSITY M •f/ 64 A A 6q _ WINCHESTER REGIONAL 648 A 30 64 A 88 6 M mow. - q 39 ¢ a a 48 w 8 6 w 40 x P r � Arport-F-4 64 Airport=Rd� `� 6n v 9 0 y � 47. • 0 64 A 64 A 4041 �= cp � 9 6AC y Z q y4 AIRPORT BUSINESS PARK, LLC 64 A 40P 1 a a lmla6 �— t o>ag"croft P e p 44 - 64 A 42 64 A20 r lzsa 1369 -M_ MOP # 08 - 06 Russell 150, LC {64-A-10&12, 9 63-A-150) 0 0.075 0.15 0.3 i Miles i City of Winchester ox" �r P 63 A 116C Y EFG INVESTMENTS, LLC 64 A 4A tr PRICE COMPANY, THE P 64 8 1 cv 64 10 1 Aj1367 522 SHENANDOAH NMVERSITY 64 A 6 64 45 64 A 64 A 7 d 5 1 M2 AA WINCHESTER REGIONAL ly 1 64 A 9 A 30 -1 1 1 648 64 A 88 R4 R, A? RUSSELL 64 A 10 4f 4 39x1 Z5 ayt St B64,5 4 40 7 7 ront ELL 150, LC -C ql 63 A 124 EIG INVESTMENTS, L1. E32 A 12 R-4 V RP KOKORSKY, MANFRED G 64 A 18 1-r64 A 21 �Ufhdrt D -14-1A,.. C;;O -10-4-,4 L,h1 .-0 40 K MA14 5qp.1 MOP # 08 - 06 Russell 150, LC (64-A-10&12, 63-A-150) 0 0.075 0.15 Miles 64 X 44 64 A 42 1i ',F/ ✓�� N Z3 1370 r// v 64 m' A 6 64 A g 64 A 7 64 A 9 City of Wim 'b / � 4 I ,� 63 A 116C ' EEG INVESTMENTS, LLC17 i 63 A 123A; -- EEG INVESTMENTS, SELL Iso. Lc A 10 12 _.— 84 ALP �AI PRICE COMPANY, THE X51 64 8 1 ry y -0 6 `� 64 10 1 4,4 13e7 1 � 7 t�frO'pr 522 o sHENANoogH UNIVERSITY M 64 A A 64 4 14 �.� WINCHESTER REGIONAL 6qg A 64 A 88 FO P f/ Mro U� r' 47� 64e4 r 39, r. . ice" I t�c,�. � A 40,.,,� '41 l �(s ��.Q Q y SWEA �..I eMm• �m•, „.. Russell 150, LC A.45 0 �64 64 - A -10 & 12, 63-A-150) yy 0 0.075 0.15 0.3 I 4 1 4 `: A 44 64 A 42 Il 2U,aa„o—opment4ea iminmm„m MDP # 08 - 88 SWEA �..I eMm• �m•, „.. Russell 150, LC 64 - A -10 & 12, 63-A-150) MPrwlwn 0 0.075 0.15 0.3 I Miles ft ��m `63 A 63 A 116C EFG INVESTMENTS, LLC MDP # 08 - 06 Russell 150, LC (64-A-10&12, 63-A-150) 0 Afpli.— 0 0.075 015 1.3 Miles 11 411U' NE" , PARK " A 40P EA Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received Application #+ Complete. Date of acceptance Incomplete. Date of return 1. Project Title: Russell 150, LC 2. Owner's Name Denver E. Quinnelly, Manager 11 36 Ricketts Drive Winchester, VA 22601 (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Company: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 Contact Name: Evan A. Wyatt, AICP 11 Frederick County, Virginia Master Development Plan Application Package 5. Location of Property Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645) 6. Total Acreage: 150.28 acres 7. Property Information a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: Property Identification Numbers North 64-A-9 6413-A-73 TM 64-((A))-10 & 12, 63-A-150 RP and B2 Unimproved Townhomes & Office/Retail Property Uses residential church South 64-A-14 commercial 64-A-18 residential 12 Frederick County, Virginia Master Development Plan Application Package East 64 -A -10A residential 6413-4-E residential 64-A-11 residential 6413-4-F residential 64B -4-G residential 6413-4-1-1 residential 64B -4-25J residential 6413-4-26 residential 6413-4-27 residential 6413-4-28 residential 6413-4-29 residential 64B-4-30 residential 6413-4-31 residential 6413-4-33 residential 6413-4-34 residential 64B-4-35 residential 64B-4-36 residential 6413-4-37 residential 64B-4-38 residential 6413-4-39 residential 64B -4-9A residential 6413-4-10A residential 64B-4-8 residential 64B -A4-91 residential 6413-A-92 residential 64C -A-1 residential 64C -A-2 residential 64C -A-3 residential 64C -A-4 residential 64C -A-7 residential 64C -A-8 residential 64C-1-15 residential 64C -A-9 residential 64C -A-11 residential 64C -A-13 residential West 63 -A -123A vacant 292-02-2 commercial 312-03-32 residential 312-03-33 residential 312-03-34 residential 312-03-46 residential 312-03-47 residental 332-0.1-22 residental 332-07-23 utility f) Magisterial District: Shawnee 8. Is this an original or amended Master Development Plan? 13 Frederick County, Virginia Master Development Plan Application Package Original M 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 be11�)Ii lete prior to the submission of my master development plan application. (\ Signature: Date: 14 Frederick County, Virginia Master Development Plan Application Package 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 I st floor of the Frederick County Administration Building, 107 North Kent Street. Name and Property Identification Number Address Name EFG Investments, LLC 340 W. Parkins Mill Road Winchester, VA 22602 Property # 63 -((A)) -123A Name Fred Glaize, Jr. Residential Trust 112 E. Piccadilly Street Winchester, VA 22601 Property # 64-((A))-9 Name Church of the Brethren 578 Front Royal Pike Winchester, VA 22602 Property # 64-((A))-l0A Name Arthur A.& Juanita S. Belt 201 Front Drive Winchester, VA 22602 Property # 64-((A))-11 Name Michael S. & Cheryl Shepard 179 George Drive Winchester, VA 22602 Property # 64-((A))-14 Name Manfred G. Kokorsky 119 Elmwood Road Winchester, VA 22602 Property # 64-((A))-18 Name Maxine God Love 635 Front Royal Pike Winchester, VA 22602 Property # 64B-((4))-8 Name Harry M. & Rose O. Stine 124 Longcroft Road Winchester, VA 22602 Property # 64B -((4))-9A Name Charles C. & Elener L. McFarland 116 Royal Avenue Winchester, 22602 Property # 64B-((4))-l0A Name Thomas Mudd 179 Front Drive Winchester, VA 22602 Property # 64B -((4))-25J Name Charles A. Courtney 161 Front Drive Winchester, VA 22602 Property # 64B-((4))-26, 27 ,28, 29 Name Rosalie Glass Lewis 604 Tudor Drive Winchester, VA 22602 Property # 64B-((4))-30, 31 Name James A. & Carrie V. Ratcliff 155 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-32, 33 KII Frederick County, Virginia Master Development Plan Application Package Name and Property Identification Number Address Name Charles G. & Amy J. Klein 149 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-34, 35 Name John B. Jr. & Marsha J. Kelly 137 Royal Avenue Winchester, VA 22602 Property #64B-((4))-36, 37 Name Michael N. & Connie R. Faurer 131 Royal Avenue Winchester, VA 22602 Property #64B-((4))-38, 39 Name Kirby L. Hepner, Jr. 182 Front Drive Winchester, VA 22602 Property #64B -((4))-E Name Robert L. Sr. & Patricia A. Shank 184 Front Drive Winchester, VA 22602 Property #64B -((4))-F, H Name Tara M. Crosen 189 Front Drive Winchester, VA 22602 Property #64B -((4))-G Name Charles C. Sr. & Eleanor L. McFarland 116 Royal Avenue Winchester, VA 22602 Property #64B -((4))-10A Name Calvary Church of the Brethren 578 Front Royal Pike Winchester, VA 22602 Property #64B -A-73 Name Jimmie J. & Geneva B. Walker 667 Front Royal Pike Winchester, VA 22602 Property #64B -((A))-92 Name Philip T. & Judy Lynn Young 655 Front Royal Pike Winchester, VA 22602 Property #64B -((A))-4-91 Name Scottie D. Dotson 651 Front Royal Pike Winchester, VA 22602 Property #64B -((A))-89 Name Milton E. & Martha M. Grim 673 Front Royal Pike Winchester, VA 22602 Propery #64C -((A))-1 Name Joseph & Lynnette L. Embree 687 Front Royal Pike Winchester, VA 22602 Property #64C -((A))-2, 3 Name E. Darlene S. & Charles M. Banard P.O. Box 4585 Winchester, VA 22604 Property #64C -((A))-4 21 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Denver E. Quinnelly, Mgr. (Phone) (540) 662-7160 (Address) 203 Ricketts Drive, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040026622 on Page Instrument No. 040026622 on Page Parcel: 10 Lot: A Block: _ Section: _ Subdivision: Parcel: 12 Lot: A Block: _ Section: _ Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall exLer4o from the day it is signed, or until it is otherwise rescinded or modified. In witness there f (w (ur) hand and seal thisy day of�1�L; , 2006 Signature(s) State of Virgini ity/County of Frederick, To -wit: +,���!>t�s�tt���� , A L� S! 0 R , I%I, thrlJJ� a Notary Public in and for the jurisdiction aforesaid, certify that the person(sl�®r1WE.'•, Z signed to the foregoing instrument and who I (are) known to me, personally appeared before mata4 � L ac owledged the same efo a me in the jurisdiction aforesaid this day of l .t co i • r w My Commission Expires: % Notary Public '. VIRG\•' rR��!l111111���� 1 • C7 �cx ooG SUBDIVISION REQUEST # 10-06 WIN, LLC Staff Report for the Planning Commission ' Prepared: July 31, 2006 ,a Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/16/06 Pending Board of Supervisors: 09/13/06 Pending LOCATION: The property fronts the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54A -1-A PROPERTY ZONING & PRESENT USE: B-2 (Business General) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: MH -1 (Mobile Hoene Community) South: B-2 (Business General) East: B-2 (Business General) West: RP (Residential Performance) Use: Residential Use: Commercial/Vacant Use: Commercial Use: Residential SUBDIVISION SPECIFICS: Subdivision of a 30.05 acre parcel into a 6.3124 acre parcel and a 23.74 acre parcel. Both parcels are zoned B-2 (Business General). Subdivision Application 910-06, WIN, LLC July 31, 2006 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have significant measurable impact on Route 7, the VDOT facility which would provide access to the property. This section of street is currently not in the State's Secondary Road System. All entrance design and drainage must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. Fire and Rescue: No comment Sanitation Authority: The Authority has adequate sewer and water to serve this proposed subdivision. Planning: This request is for subdivision to create a 6.3124 acre parcel from a 30.0500 acre parcel. The proposed 6.3124 acre parcel and 23.7376 residue parcel are zoned B-2 (Business General). This property had been zoned B-2 (Business General) when Frederick County adopted zoning in 1967. Access to the new parcel will be via a private 50 foot ingress/egress from Berryville Pike (Route 7). The 30.0500 acre parcel is served by private roads. Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (Business General) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter I 44-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134B of the Frederick County Zoning Ordinance if the proposed subdivision or development: 1) Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street, road or rights-of-way and does not significantly change the layout of existing or dedicated street, road or rights-of-way. 2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to the existing stormwater management systems designed to serve more than one lot. 3) Is not an integral portion of a property proposed or planned for future development or subdivision. 4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses. 5) That such development does not substantially affect the purpose and intent of this chapter. Subdivision Application #10-06, WIN, LLC July 31, 2006 Page 3 This proposed subdivision met the requirements for a waiver from the MDP requirements; the applicant has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. This project contains land zoned B-2 and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action on the Subdivision request is necessary. STAFF RECOMMENDATION FOR 08/16/06 PLANNING COMMISSION MEETING: Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. HIDDEN VALLEY SPE LLC .55 R 27 MHI 54' 7 6A _`� fir% �?� ^ ee 54 A 99F 4\ DEVELOPMENT COMPANY OF AMERICA, LLP 00 r --Ji 32 RIND ENTERPRISES, LLC 1352 54 A 99B STEIN, ROY F 4 A 1353 )> =RIND ENTERPRISES, LLC mN' LLC Q 8r . - WIN, LLC 54 A 99E 8) *i 54 A 106 7 A 54 5 10 HNS N, ACK*E ETALS I S 54 1.2C City of Winchester RP 240 _ ,L.., o / 1, �' Qo s�L J / GANSE, BARBARA G 54 A III Iva FREDERICK COUNTY SCHOOL BOARD GS 54 A 114 541 61 12A 54 A 119 54 2 IB SATIAN ENTERPRISES, INC -' Z7 41e. WINCHESTER, CITY OF f iww� 51(5--, Neighborhood P. -,I) ft 10 06 41a AH, (.6.1' 4— -SUB - Zm5 (Medical Support owtricf) FA (R' .d -W. I--VVIN, LLC 54 - A 99E 4w (1.4-11., I,hl D-111) 0 0,025 0.05 0.1 Miles t q _ 13 7 HIDDEN VALLEY SPE, LLC J Mic<� I 55 A 27 �RFFklN�FST�B f ;q 54 Vi 6A !yc_ell f ry 55 A 27 54 A 99F DEVELOPMENT COMPANY OF AMERICA, LLP 1750 �•je• r1 vior Ilk RIND ENTERPRISES, LLC s9 q ACL 1351 1352 / 54 A 99B f _ A STEIN, ROY 54 A 99H 1353 1 A { 1 a 7 t)) RIND ENTERPRISES, LLC r a I LIMN, LLC �a� 54 A 106 9r VAN, uc 54 A 99E � up fpr � 1 � 7 i t t X. ! jf k •l ,qp rd I. i. 54 5 10 4 JOHNSON. JACK ETALS17 �l ; P �1�,, 4M1 h� 000e`S�P r✓� / c�a � 4 f q rrz1 titi5 a j City of Winchesterr'v g lzao f i `e e cANSE,BARBARAc 54 A 111 �j E aIle ��WeW, E- ovarr 1 FREDERICK COUNTY SCHOOL BOARD r' � 54 A 114`yC t r•' 541 61,12A i'77 54 2 1B { SATIAN ENTERPRISES,INC 54 A 119 AUrban Development Aroa Institutional SUB MI/� SWSA F-ecreation S V B � � � 6 Rural Community Centers Historic WI N, LLC Residential Mixed -Use (54 - A 99E) Business Vlannod Unit Development 0 0.025 0.05 0.1 Industrial ApPli(afion Miles 1 . HIDDEN VALLEY SPE, LLC �, 55 A 27 Ss' 55 A 27 kes p I y/OO 9 ((Fjsp 1 54 A 99F, i DEVELOPMENT COMPANY OF AMERICA, LLP WIN, LLC 54 A 99E v 54 A 1 j2C pn City of Wi I,rf FREDERICKCOUNTY SCHOOLBOARD�], 54 A 114 ��CHESTER, 119 CITY OF G„ o q° Urban Development Area sWSA 0 Ap?h6 tion 09`10 1 s� + RIND ENTERPRISES, LLC '9 HOOF ft 54 A 99B ��`' RsTD4Rr STEIN, ROY F 54 A 99H A o RIND_ENTERPRISES, LLC R WIN, LLC 54 A 106 9 cp W� Q W h� yo 7 O cq 9 A •� ? I a+f U" Z. r�� wSa 54 5 /1.�S.N � W � s , JACK E ETALS f PPS 5 9 F ryvoyaP � 54 5 $ } GANSf E, BARBARA 54 A 111 t 7 ! 1iIJiT� 541— 6 1 12A 54 2 1 B SATIAN ENTERPRISES, INC6 '424 SUS # 10 063 WIN, LLC (54-A99E) 0 0.025 0.05 0.1 Miles 's k�ity,o YNinchoster I 'y f 7. �. - • 11 )DEN VALLEY SPE LLC 55 A 27 y h ' J" A ;77 ?k�a fjr [?EV@LbPMENTMFAN70F AMERICA, sP� FR L7;RICK f,OUNTY4StH V54 A 114 9.. , Urban Development Area _�.SWSA nppl,-roe - � v JOkhNON, JACW Au- '.. SUB ffIn-0S WIN, LLC (54-A99E) 0 0.025 0.05 0.1 Miles a`�4 RIND ENTERPRI&E6, LLG � ^j ""TEIN `ROY F "R.-.., I It N7 — >• RIENTEE6,'LLC ` MN, LLC 1',54 A t(i6' 5d5 S VAN, LLC A..J99G 10 .. ,: -�� '•1ay�i .. ' "'fit' : - ,. ... � w•'"�� yrs �° V, G sP� FR L7;RICK f,OUNTY4StH V54 A 114 9.. , Urban Development Area _�.SWSA nppl,-roe - � v JOkhNON, JACW Au- '.. SUB ffIn-0S WIN, LLC (54-A99E) 0 0.025 0.05 0.1 Miles JUL 7 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: Application # %D -'O MDP? Yes 1--�No If no, as MDP requirement been waived by the Planning Director? Yes I-- No If MDP requirement has not een waived, fill in the following public hearing date Planning Commission: Board of Supervisors: Applicant/Agent: Greenway Engineering Attn: Richard A. Edens, LS Address: 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Owners Name: WIN, LLC Address: 1100 Fifth Avenue South, Suite 210 Naples, FL 34102 Phone: 703-777-1503 Please list names of all owners, principals and/or majority stockholders: WIN, LLC Bruce A. Griffin, managing member Contact Person: Richard A. Edens, LS Phone: 540-662-4185 NAME OF SUBDIVISION: Final Subdivision Plat of the land of WIN, LLC Number of Lots: 2 Total Acreage 30.0500 acres Property Location: Property Fronts the northeast quadrant of the intersection between Berryville Pike (Va. Route 7) and Interstate 81 (Give State Rt. #, name, distance and direction from intersection) Magisterial District Stonewall Property Identification Number (PIN) 54 -A -99E (Parent Tract) Property zoning and present use: B2, commercial Adjoining property zoning and use: B2 commercial and vacant Has a Master Development Plan been submitted for this project? If yes, has the final MDP been approved by the Board of Supervisors? What was the Master Development Plan title? Yes No Yes X No Yes No Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) 6.31 acres Number and types of housing units in this development: nonresidential I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature- ``- ` A� Date: 0 ��� FYI, 01 _ e o 1,----� 'ge<<�\\ \ o < VINCHESTER Vo„ Exit 315 ®roloo Rt kp aC VICINITY Rood � �� � s5 1 9 \ 2000' � 00' — OWNERS CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA l I fnllC (IATA CURVE DELTA ANGLE RA01US ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 105'36'02" 170.00' 313.32' 223.97' N 55"1153" W 270.82' C2 14'35'03" 800.00' 203.63' 102.37' N 1122 29" W 203.08' C3 33'20' 18 " 874.93' 509.09' 261.98' N 00'20'41 " E 501.94' C4 03'50'49" 7833.44' 525.96' 263.08' -7 14'41'05" E 525.86' C5 31'5125" --T24.93" 458.67' 235.43' S 00'2321" E 452.78' C6 14'J4'32 - 850.00" 216.23' 108.70' S 11'1857" E 215.65' C7 105'54'31" 120.00' 221.81' 158.98' S 55'02'13" E = 191.56' C8 44' 10 50' 201.28' 155.21' 81.59' S 14'57 51 " E 151.39' C9 423726" 210.00' 156.22' 81.93' S 80'17'02" E 152.55' DO 34'06'08` 210.00' 124.99' 64.41' 1 S 41'55'15" E 123.15' I IAIF DATA LINE BEARING DISTANCE L 1 S 71'5747" W 345.17' L2 --V 16'33'18" W 408.39' L3 N 17'25 37" E 61.44' L4 S 79'08'18" E 45.88' L5 S 16'33'18." E 407.38' L6 N 71'5747" E J45.75 L7 S 18'02'13" E 50.00' LB S 16'09 28' E. 223.12' L9 S 70'33'12" E 144.39' L10 S 07'0734" W 210.73' L11 S 37'03'16" E 71.45' L 12 S 58'58'19" E 32.93' L 13 S 61'4j21' W 327.39' L14 S 65'05'00" W 264.28' L 15 S 71 "57'47" W 50.00' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHS = DRILL HOLE SET IN CONCRETE IRS = 9" IRON REBAR & CAP SET IRF = 9" IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKS = P -K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY Nm 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN, 3. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978. FINAL. SUBDIVISION PLAT OF THE LAND OF oLj� UVIN, LL C o�y���LTH STONEWALL UAGiSTERiAL DISTriiGT cgEDE; ,aK CnrrAtTv, VI/7r:1A11A � l �I�ICNSCALE: N/A DATE: MAY 31, 2006 NGREENWAY ENGINEERING151 JED Windy Hill LaneEngineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 2 OF 6 Foro,ded i,I 1971 www.greenwayeng.com 0028 SHEET IRF p�� \\\ JO' F.C.SA. 6 �� ioIRF\\\WATERUNE EASEMENT SSHEET 2 FOR ;'`,�\ DB 908 PG 456 CURVE LINE DATA, NOTESLEGEND AND �A� oe � -c' NEW h , TAX PARCEL IRF\\\ N NN Op OT T 54-A-991 ANGLE IRON_ 6.3124 ACRES 1 Z FOUND ' \\\ a 598.10' IRS-- \\ �o S 73'50'32" W IRs `\1\ Ws\\\ N \\\ SANITARY �\\._SEWER EASEMENT i h DB 448 PG 262 o �,1 50' IRF � (TYPICAL)-- R III RESIDUE OF _ MON o IRS o TAX PARCEL / U �, 54-A-99EJ IRS �� m 23.7376 ACRES U � O eN zL9 4, W 50' INGRESS/EGRESS /// �� p(.Dt o EASEMENT OVER Q W W T.M. 54 -A -99F 11 p Q m /NST No. 050006781 v i C J _ /RSo// hZo:�i ? 3 w (-4j m ! Q 10' F.C.S.A SANITARY m V Z MON °IRS SEWER EASEMENTS L 11 DB 44J PG 7B6 & DHS pI DB 508 PG 391 / C9 2 V 50' INGRESS/ /�� o KS 10' & 20' F.C.SA EGRESS WATERLINE EASEMENTS /� A�+� EASEMENT \ L12 MON o DB 508 PG 391 INS T. No. a IRS & DB 908 PG 456 050006781 /Z % v, CIO APPROXI.U47E END OF BLDG / RL \ LIMITED ACCESS R/W 50' � B 3 IRS L6 /RS 7 S (99 PK Po L 1 3 (99E) Ll 65'.f IRS WE NO E MON L 1 /RSJ oIRS 200 0 200 Poa_ <_ 991) E RyVIL_LE IKE, pTH Raw GRAPHIC SCALE (IN FEET) LVA. PRIM B R DB 34; PG 354 FINAL SUBDIVISION PLAT OF 7HE LANO OF $PITH 0 P WIN. LL C o� STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA d RICHA D A. EDENS y N0.002550 s SCALE: 1" = 200' DATE: MAY 31, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers �0 Winchester, Vnginia 22602 Surveyors Telephone: (540) 662-4185 S'jJRV FAX: (540) 722-9528 0028 SHEET 3 OF 6 Founded in 1971 www.greenwayeng.corn METES AND SOUNDS DESCRIPTIONS The accompanying plat represents a Division Survey of all of "Parcel 2," being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: NEW TAX PARCEL 54 -A -99I Beginning at a''/�" iron rebar & cap set in the northern boundary of Interstate Route 81, a new corner to other land of WIN, LLC (Residue of Tax Parcel 54 -A -99E described below); thence with said road boundary S 71°57'47" W, passing over a point at the beginning of the limited access right of way at approximately 51' and continuing with said limited access right of way boundary 345.17' in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence continuing with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following six courses: 313.32' along the are of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55°11'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N I1122'29" W for a distance of 203.081, to a concrete highway monument found at the end of said curve; thence N 16033'18 " W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 509.09' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 00020'41" E for a distance of 501.94', to an angle iron found at the end of said curve; thence N 17025'37" E - 61.44' to a concrete highway monument found at the beginning of a curve to the left; thence 525.96' along the are of said curve to the left (being nontangent to the preceding course), having a d radius of 7,833.44' and a chord bearing N 14041'05" E for a distance of 525.86', to a Y�" iron rebar found, corner to Development Company of America, LLP; thence with Development Company of ? America, LLP for the following three courses: S 79008'18" E - 45.88' to a'/z" iron rebar found; thence S 47002'52" E - 400.18' to a %" iron rebar found; thence S 39°20'23" E —199.82' to a ''/z" iron rebar & cap set, a new comer to the other land of WIN, LLC (Residue of Tax Parcel 54 -A -99E described below); thence along new division lines through the land of WIN, LLC for the following seven courses: S 73050'32" W - 598.10' to a''/2' iron rebar & cap set at the beginning of a curve to the left; thence 458.67' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 824.93' and a chord bearing S 00°23'21" E for a distance of 452.781, to a''/z" iron rebar & cap set at the end of said curve; thence S 16033'18" E — 407.38' to a ''/2" iron rebar & cap set at the beginning of a curve to the right; thence Sheet 4 of 6 File 0028 216.23' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 850.00' and a chord bearing S 11°18'57" E for a distance of 215.65', to a %2" iron rebar & cap set at the end of said curve and the beginning of a curve to the left; thence 221.81' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 120.00' and a chord bearing S 55002'13" E for a distance of 191.56', to a %2" iron rebar & cap set a the end of said curve; thence N 71057'47" E - 345.15' to a %2" iron rebar & cap set; thence S 18002'13" E - 50.00' to the beginning. Containing...................................................................................................... 6.3124 Acres. RESIDUE OF TAX PARCEL 54 -A -99E Beginning at a P -K nail set in a concrete island in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to Development Company of America, LLP; thence with said road boundary _ S 61°43'21" W - 327.39' to a %2" iron rebar & cap set at the intersection of said road boundary with the northern boundary of Interstate Route 81; thence with the last said road boundary for the following two courses: S 65005'00" W - 264.28' to a '/2" iron rebar & cap set; thence S 71057'47' W — 50.00' to a'/2" iron rebar & cap set, corner to other land of WIN, LLC (New Tax Parcel 54 -A -99I described above); thence along new division lines through the land of WIN, LLC for the following seven courses: N 18002'13" W - 50.00' to a. %2" iron rebar & cap set; thence S 71057'47" W - 345.15' to a %2" iron rebar & cap set at the beginning of a curve to the right; thence 221.81' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 120.00' and a chord bearing N 55°02'13" W for a distance of 191.56', to a %2" iron rebar & cap set at the end of said curve and the beginning of a curve to the left; thence 216.23' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 850.00' and a chord bearing N 11°18'57" W for a distance of 215.65', to a'/2" iron rebar & cap set at the end of said curve; thence N 16033'18 " W - 407.38' to a `'/2" iron rebar & cap set at the beginning of a curve to the right; thence 458.67' along the arc of a Curve to the right (being nontangent to the preceding course), having a radius of 824.93' and a chord bearing N 00°23'21" W for a distance of 452.78', to a'/2" iron rebar & cap set; thence N 73050'32" E - 598.10' to a %2" iron rebar & cap set in a line of Development Company of America, LLP; thence with Development Company of America, LLP for the following nine courses: S 39020'23" E — 233.46' to a V2" iron rebar found; thence S 1609'28" E - 223.12' to a'/2" iron rebar & cap set; thence S 70°33'12" E - 144.39' to a %2" iron rebar & cap set; thence File 0028 Sheet 5 of 6 S 07007'34" W - 210.73' to a''/2" iron rebar & cap set at the point of curvature of a curve to the left; thence 155.21' along the are of said curve to the left, having a radius of 201.28' and a chord bearing S 14°57'51" E for a distance of 151.39', to a drill hole set in a concrete gutter at the point of tangency; thence S 37003'16 " E - 71.45' to a P -K nail set in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80°17'02" t for a distance of 152.65', to a P -K nail set in an asphalt roadway at the point of tangency; thence S 58058'19" E - 32.93' to a drill hole set in a concrete island at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41'55'15" E for a distance of 123.15', to the beginning. Containing................................................................................................... 23.7376 Acres. Surveyed................................................................................................... May 31, 2006. RICHARD A. EDENS y No.002550 5 - 31 -O(o „_, j Sheet 6 of 6 File 0028 • L� J SUBDIVISION REQUEST # 11-06 ow�`CK r co�2 RONALD AND VELMA SIMKHOVITCH Staff Report for the Planning Commission Prepared: July 31, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/16/06 Pending Board of Supervisors: 09/13/06 Pending LOCATION: The property is located at the intersection of Martinsburg Pike (Route 11) and Park Center Drive (Route 1323). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54A -1-A PROPERTY ZONING & PRESENT USE: B-2 (Business General) Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: M-2 (Industrial General) Use: Industrial South: RP (Residential Performance) Use: Residential East: B-3 (Industrial Transition) Use: Commercial West: M-1 (Industrial Light) Use: Commercial SUBDIVISION SPECIFICS: Subdivision of an 8.45 acre into two parcels of 1.3041 acres and 7.15 acres zoned B-2 (Business General) and B-3 (Industrial Transition). Subdivision Application #11-06, Ronald & Velma Simkhovitch July 31, 2006 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: No comments Sanitation Authority: City of Winchester Public Utilities can serve this proposed subdivision with sewer and water. Planning: This request is for subdivision of an 8.457 acre lot into a parcel of 1.3041 acres. This 8.457 acre property is currently split -zoned B-2 (Business General) and B-3 (Industrial Transition) Zoning Districts. The 1.3041 acre property is zoned B-2 and the residue 7.1505 acre property is zoned B- 2113-3. These properties will have access to Martinsburg Pike (Route 11); though access easements. Theses easements will serve the restaurant, vacant property, and fuel center. Both of these properties will be subject to the proffers and conditions of Rezoning #04-03 approved April 9, 2003. Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District, and the B-3 (Industrial Transition) Zoning District without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter 144-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134B of the Frederick County Zoning Ordinance provided: 1) No new streets, roads or right-of-ways, or extends any existing or dedicated street, road or right-of-ways and does not significantly change the layout of existing or dedicated streets, roads or rights-of-way. 2) Does not propose any stormwater management systems designed to serve more than one lot or significant changes to the existing stormwater management system. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) Is not an integral portion of a property proposed or planned for future development or subdivision. 5) That such development does not substantially affect the purpose and intent of this chapter. This proposed subdivision met the requirements for a waiver from the MDP requirements; the applicant has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. This project contains land zoned B-2 and B-3, and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action on the Subdivision request is necessary. Subdivision Application 911-06, Ronald & Velma Simkhovitch July 31, 2006 Page 3 STAFF RECOMMENDATION FOR 08/16/06 PLANNING COMMISSION MEETING: Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. BROWNINGFERRISINDUSTRIES — ' — 43: A 26A 43 A 26D 4, 'A ._.._37. _...- 43 A 25 sr ------------- 37 43 A 26 �4 O c 43 A 33 - i- 27 SHENANDOAH SAND, INC P ' 43i A t SHADE EQUIPMENT COMPANY, INC. 0 opt -i - 43 q 33q, \ / Fap /1-11., se Zl Br 2 54A 1 A SIMKHOVITCH, RONALD S S. VELMA B SUNBELT RENTALS'INC ZUCKERMAN, AARON B Ir 43 A 35 M2 Lir Z.am8 M2 (Industrial, General District) "SUB Il -06 6 81(Buainass, Neighborhood District)' MH1(Mobile Home Community District) Ronald & Velma Cimkhovitch B2 (Business, General District) 'i MS (Medical support District) B3 (Bus ess, Industrial Transition Dis R4 (Residential, Planned Community District) (54A- 1 - A ) EM (Ext active Manufacturing District R5 (Residential Recreational Community District) 0 0.0?.5 0.05 D.1 HE (Higher Education District) RA (Rural Areas District) M1 (Jndustrial, Light District) RP (Residential Performance District) Miles 43 A 38B FORT COLLIER GROUP ii R G4 A BROWNING -FERRIS INDUSTRIES 43 43 A 26A 43 A 26D A 26 43 A 26 43 A 33 SHENANDOAH SAND, INC 4-z A,, 2)' PRECISION I 41 43 43 19 6T 334 1 ZUCKERMAN, AARONB b A 35 43 A 31 SHADE EQUIPMENT COMPANY, INC, 13 < S44 54A 1 A 54A I B SWKHOVITC HRONALD S 8 VELMA 6 X, k IRKI`�. 44 "q jY THF CQHTRACTOR YARD, INC fqq 77 54 A 35 '8\9 A-, 6414 4 A 84 KRAFT -00PS AMERICA, INC 54 A 36H 44 4 Ski "P 0'e S141 .ao 544A 19 /54 A 36! -0 4PI-vi- Long Range Land Use (ZM institutional Rural Community Center Recreation Residential H;stonc Business Mixed -Use Industrial Planned Unit Development SUB # 11 - 06 Ronald & Velma Simkhovitch (54A- 1 -A) 0 0.025 0.05 0.1 Miles CALLAHPM WILLIAM R 54 A,w �3 6 U X", J,rY!'- BROWNING -FERRIS INDUSTRIES 43 4 A 43 A 26D b_. - - ,• ., .. ++e 43, A 26A .7 , .fir' ? I I _ r 43 A 26 43 33 fJ/� SHENANDOAH SAND, 1NC i �,y 43 A 3E .43- A. 27- _ PRECISION ORIVE; LLC - (t ` 43 TA W c 134 If Alm 10, . 43 A 38B SUNBELT RENTALS, INC R 43 A 31 p ' t F�.I art 'FORT COWER GROUP /r. '�IIFlCI.CU Pf eP`C4'A,ANY; IfJG. .54A -1Y B CAL -HA., WILLIAM R 54 A 361 ' 3 Application ;'. 54' A. 3611 . 4� x i�FiEG KTRAR, AW w r N. :F4 GMS NORTH AMERICA, INC 54 A 36 '+ KINGSD sue #11-(16 Ronald & Velma Simkhovitch (54A -1-A) 0 0.025 0.05 0A n7 T z a r 4 P.T:COLLIERGROUP t N54 A 3GA' Ir� , 4�n" OWN INC.f•: sue #11-(16 Ronald & Velma Simkhovitch (54A -1-A) 0 0.025 0.05 0A 5ROWNING•FERRIS INDUSTRIES 43 A 26A 43 A 26 \ I 43 19 3 SHADE EQUIPMENT COMPANY, INC. . S44 7 r s4q r S r4 Aq rr sqq 3 r r q 7 r rr �Srq � sA q 70 11 S4q r . I SA �q r s s4q q r ?s SAq 43 A 26D 43 4 A +r73 _ Application ,Ar,7 A 26 r aae° ° 43 A 33 SHEUANDOAH SAND INC PRECISION DRIVE, LLC c,`Cs q 334 - f - sTREN TALS INC 43 A 38B ZUCKERMAN, AARON & 43 A 35 1FORT COLDER GROUP 36 54A 1 B CALLAHAM, WILLIAM R B 54 A 36U � U LIU a Q m Ronald & Velma Simkhovitch (54A-1-A) O 0.025 4.05 G.9 Miles �W 0) go y M a APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: &Z Application #. MDP? Yes L ----1&o If no, had N1131P requirement been waived by the Planning Director? Yes 1-'"TNo If MDP requirement has notybeep waived, fill in the following public hearing ¢ s� Planning Commission: d �i _ Board of Supervisors:�' Applicant/Agent: f`7,q� �C �-,yi� Y S Address: O 16 o v / 7 Phone Number: S � f O -7 & / ( Owner's Name: Address: Y 0 Phone Number: Please list names of all owners, principals, and/or majority stockholders: 5A, -)n --e 4 s Q �0L,<1 Contact Person: Phone Number: Sof o =] Z Z- 6 r (,,v NAME OF SUBDIVISION: lvliq Number of Lots: Z Total Acreage: �• ��y7 Property Location: T-6 e-rse L47 C-A,ts� k CcfJ7r {v e (Give State Route # and name, distance and direction from intersection) Magisterial District: S-/-b�e iv, (-�,-F,C.� Property Identification Number (P.LN.): S (Parent Tract) Property zoning and present use: I3) it 6 � — 1 4 c" 4 a v r r+ - Adjoining property zoning and use: -1,3 4-s _D, �— Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the Master Development Plan title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot):7- Number and types of housing units in this development: N I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. r Signature: Date: � ' 7- `F - D 9. List of Adjoining Properties: The following names and addresses are all ofthe individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. NAME ..rv�- lJ Address �O BbX ZV? VinG (-, UA Z7w Property ID n atc*-Y•r' ate Address ��N h! {ISDN Lp �� : I ✓ k�S%, U PropertyID# "ir-ta5grC) I ea m Address & 1-7 N lcaj Property ID &wFra- 6f Address 1m) W T✓c 5�• PropertyID # / �aC'ra sf Address 1Z N i�l?af�ii tS�u f Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # t I Address Property IT) # I - Page 2 - �Z DIVISION OF 8.4547 ACRES Ronald S. & Velma B. Simkhovitch Deed Book 948, Page 247 TM #54A -1-A June 29, 2006 Stonewall District, Frederick County, Virginia M41M a VICINITY SKETCH Q\ 2 L CNES c CAEIBEP FO T SITE 4lfq-,.�EiL.R, CT � \ oP � fir•. .�_"A + s' S 11 V V E'TINE( is6 22601 M41M a 50p I r P4CIl 2 L CNES c CAEIBEP J � 4lfq-,.�EiL.R, - � \ oP � fir•. .�_"A + s' S 11 V V SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the lands hereby divided is in the names of Ronald S. & Velma B. Simkhovitch and was acquired by them as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein divided is a portion of the land acquired by Ronald S. & Velma B. Simkhovitch by deed dated September 22, 1999 and recorded in Deed Book 948, Page 247. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This Division as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same:, is hereby confirmed and submitted for record in the Clerk's Office of Frederick County, V- ginia. Ronald S. Simkhovitch Velma B. Simkhovitch NOTARY CERTIFICATE: STATE OF VIRGII4IA;£13 Y/COUNTY OF 9 CL4 n i C 1� to -wit: The foregoing owners consent and dedication was acknowledged before me this —day of , 20 C( - My commission expires �otary Public CERTIFICATE OF APPROVAL This Subdivision is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Frederick County Subdivision Administrator SHEET 1 of 2 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON NOVEMBER 29, 1999 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED, 4. OTHER RIGHTS -OF -WAYS OR EASEMENTS, IF ANY, ARE NOT SHOWN. AREA TABULATION EXISTING: TM #54A -1-A PROPOSED: NEW LOT TM #54A -1-A 8.4547 AC. 1.3041 AC. 7.1505 AC. O = POINT IRF = REBAR FOUND IRS = REBAR SET IPF = IRON PIPE FOUND BUILDING RESTRICTION LINES ARE AS FOLLOWS: 50' FRONT 15' SIDE Q� IRS IV CONC. MON. FOUND IPF CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1869.86' 161.04' 160.99' N 34'17'53" E 04'56'05" C2 1869.86' 311.51' 311.15' N 41'32'16" E 1 09'32'42" C3 32.77' 32.34' 31.05' S 28'53'52" E I 56'33'09" IRF 10 \ i9 \ IRF NIELOT 041 / ACRES //" IRS< \ \ 54-A-85 THE CONTRACTOR YARD, INC. #050013821 54A -1-31A THE CONTRACTOR YARD, INC. #050013821 DIVISION of 8.4547 ACRE TRACT STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: JUNE 29, 2006 PRESENT OWNER: RONALD S. A VELMA B. SIMKHOVITCH TM #54A -1-A DB 948, PG 247 ZONED B2 & 83 PROJECT #010308 7.1505 /� 5�4-A-1-B ( ACRES / PETROLEUM,IRF NC. #020002049 IRF IRF �P \ �lP IPF LINE BEARING DISTANCE L1 N 31'49'48" E 91.50' L2 S 58'49'12" E 529.65' L3 S 43'33'32" W 22-7.1-3"'- L4 S 58'47'09' E 251.39' L5 S 42'19'48" W 117.71' L6 S 44'24'48" W 215.80' L7N 59'4012" W 726.00' L8 S 59'37'19' E 34.03' L9 S 53'58'32' E 51.44' L10 S 59'36'02" E 121.81' Artz and Associates, PLC A Subsidiary et Valley Enaineerina, PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 Ent P7codilly Stmt WINCHESTER, VA. 22601-4740 TEL 540-657-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 Im