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PC 12-20-06 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia December 20, 2006 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for themeeting............................................................................................................... (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning #18-06 of Woodside Commercial Center, submitted by GreyWolfe, Inc., to rezone 8.835 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District with proffers, for commercial and industrial uses. The property is located on the east side of Route 11, approximately 3,000 feet north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Number 33 -A -124A. Ms. Perkins...................................................................................................................... (A) 5) Rezoning #20-06 for the Civil War Preservation Trust, submitted by GreyWolfe, Inc., to rezone 222.03 acres from RP (Residential Performance) District to RA (Rural Areas) District for agricultural preservation. The properties are located on Redbud Road (Route 661), 0.7 miles to the commercial entrance for the Civil War Preservation Trust Park next to Hackwood Farm, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 54-A- 88 and 54-A-90. Mr. Henry......................................................................................................................... (B) 6) Agricultural and Forestal District Update. This Public Hearing is to consider revisions to the South Frederick District, the Double Church District, and the Red Bud District. The revision to these districts will establish a total of 7,680.76 acres within the Agricultural and Forestal District Program for the ensuing three year period. Properties that are incorporated into an agricultural and forestal district are guaranteed certain protections as specified in Section 15.2-4300 of the Code of Virginia. Mr.. Suchicital.................................................................................................................. (C) FILE COPY PUBLIC MEETING 7) Rezoning #11-06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 14 single family homes on small lots. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65 -A -27A and 65 -A -28A. Ms. Perkins...................................................................................................................... (D) 8) Rezoning 914-06 of Glaize Property, submitted by Painter -Lewis, PLC, to rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50)/ Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District, and is identified by Property Identification Number 52-A-252. Mrs. Eddy......................................................................................................................... (E) 9) Other REZONING APPLICATION #18-06 WOODSIDE COMMERCIAL CENTER Staff Report for the Planning Commission Prepared: December 4, 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 them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/20/06 Pending Board of Supervisors: 01/10/06 Pending PROPOSAL: To rezone 8.835 acres from the RA (Rural Areas) District to the 133 (Industrial Transition) District with proffers, for commercial and industrial uses. LOCATION: The property is located on the east side of Route 11, approximately 3,000 feet north of Hopewell Road (Route 672). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33 -A -124A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential EM (Extractive Manufacturing) Use: Industrial and Vacant PROPOSED USES: Commercial and industrial Rezoning # 18-06 — Woodside Commercial Center December 4, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Under the Transportation Proffers offered, VDOT is agreeable with Proffers A, B, C, D and F. Under Item E, which calls for a prorata signalization agreement, the Residency would prefer a significant lump sum contribution to Frederick County towards the Route 672/11 intersection improvements. As part of our report to the County, we will have to note "The Conclusion" as stated in your TIA: The intersection of Route 11, Hopewell Road and Brucetown Road will maintain unacceptable level of service during the 2010 background and buildout conditions. While the report suggests signalization and separate east bound right turn lanes would improve the level of service to "C" or better, due to current right-of-way restraints, these improvements are not possible. Therefore, it will be the County's decision whether they wish to approve this rezoning and thereby adding additional traffic to this already failing intersection. Fire Marshal: Plan approval recommended. Clearbrook Fire & Rescue: 1. Proffers if possible. 2. No comments unless noted by Fire Marshall. Public Works Department: We have completed our review of the rezoning application for the Woodside Commercial Center and offer the following comments: 1. Refer to the Impact Statement, Page 1, Introduction: The introduction indicates that the applicant is seeking a change in zoning from RA to M1. However, the rezoning application form, paragraph 10 indicates the rezoning requested is B3. This conflict should be resolved. 2. Under Solid Waste Disposal, Page 2, Impact Analysis: Indicate the estimated amount of solid waste generated by 75,000 square feet of commercial development. 3. Provide a category titled geology or include a discussion about the karst environment under Soils category, page 3. Several years ago, we observed the development of a sinkhole on the Robinson property, lot 33 -A -124B. The sinkhole was located just off the gravel driveway in the southwest corner of the property. Sinkhole development is typical of karst geology and may be more prevalent when located near an existing quarry with the potential for a dramatic rise and fall of the water table. Frederick -Winchester Service Authority: No comments. Sanitation Authority: Water and sewer capacity is available to this site. Frederick -Winchester Health Department: No objection — public water and sewer required. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon buildout. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Parks and Recreation: No comment. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meet Rezoning # 18-06 — Woodside Commercial Center December 4, 2006 Page 3 the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. With respect to Proffers 1(b) and (c), these proffers, as written would not necessarily result in the subject road improvements being constructed prior to any final occupancy permit. Accordingly, I would recommend that the words "or bonded" be deleted from both of the proffers. 2. In Proffer 1(e), the words "to dedicate" should be inserted after the word "proffers" in the first and second sentence. 3. With respect to Proffer 1(f), the Staff needs to determine whether this is a satisfactory monetary proffer as worded. I assume that the concept here is that when a site plan is submitted for a given use on the Property, that given use, with the square footage of the structure, would enable the "Average Vehicle Trip Ends on a Weekday" to be determined from the Handbook, and the amount of the proffer thereby calculated. Further, the purpose of the proffer should be modified. The word "maintenance" should be deleted, as it is not the proper subject for a cash proffer. It would also be preferable if the proffer provided more flexibility to the County by providing that the proffer would be "for road improvements and right-of-way acquisition in the Route 11 and Route 672 corridors in the Clearbrook area". 4. Proffer 3 should be modified to read "The Applicant hereby proffers that the combined floor area for buildings on the site shall not exceed 75,000 square feet". 5. The first line of Proffer 4 should be modified to read "The Applicant hereby proffers that the following uses shall be prohibited on the property". Further, Staff needs to determine whether item a is clear and whether it is in conflict with Proffer 5. 6. In Proffer 7, Staff needs to determine whether the clause "with a residential use at the time of site plan approval" at the end of the proffer is advisable. 7. In Proffer 8(b), the last sentence should be deleted. Entrances and fire lanes would not constitute parking lots, unless parking is intended to be permitted in the entrances and fire lanes, which would appear to be inconsistent with the intent of the proffer. As previously noted, I have not reviewed the substance of the proffers as to 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: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of July 18, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition were adequate and did not request any changes to the proposed rezoning. Planning Department: Please see attached letter dated October 18, 2006from Candice E. Perkins, Planner II. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcel as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A -I and A-2 zoned land to the RA District. Rezoning #18-06 — Woodside Commercial Center December 4, 2006 Page 4 2) Comprehensive Policy Plan r_ Com„rehensive Policy Plan is an official public document that serves as the F edericn �va.u.a.J t - 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 parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The plan designates this site for industrial uses. The plan further states that "Industrial land uses are proposed adjacent to the railroads in the southern and northern portions of the study area. Proposed industrial land uses should be developed within master planned areas which discourage individual lot access on the Martinsburg Pike (Route I 1 North) corridor. Industrial land uses should be adequately screened from adjoining land uses to mitigate visual and noise impacts. Furthermore, industrial land uses should be planned to provide greater setbacks and buffer and screening along Martinsburg Pike to enhance the appearance of the corridor" (Comprehensive Policy Plan 6-38.2). The B3 (Industrial Transition) Zoning district is a heavy business district. As stated in the Frederick County Zoning Ordinance, "the intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas". The B3 Zoning District could be generally consistent with the industrial land use planned for this site in the Northeast Land Use Plan, so long as many of the commercial uses allowed in the B3 District are prohibited from this site. While the B3 district allows certain lighter industrial uses also allowed in the MI (warehousing, wholesaling, ) the B3 district also allows for a variety of B2 uses that would not be consistent with the industrial designation called for in the Comprehensive Plan (general offices, amusement and recreational services operated indoors, garden supply/retail nurseries). Transportation The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. This proposed rezoning application does not provide for this minimum Level of Service. The Northeast Land Use Plan (NELUP) and the Eastern Road Plan call for Martinsburg Pike to be improved to a four -lane facility. The NELUP also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates Route I 1 as a short- term designated route. Rezoning #18-06 Woodside Commercial Center December 4, 2006 Page 5 Site Access The Northeast Land Use Plan states that individual access to industrial sites should be discouraged along Martinsburg Pike. This development has proffered that only one entrance shall be permitted on Martinsburg Pike and only two entrances will be permitted on Woodside Road. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the only soil type present on this site is Oaklet silt loam (#32B). This soil type is considered prime farm land. The characteristics of this soil type are manageable for development following the Virginia Erosion and Sediment Control Practices. This area is also known for karst topography. Immediately to the east of this project is a limestone quarry. Soil borings and review by a geotechnical engineer is advised. 4) Potential Impacts A. Transportation The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. This proposed rezoning does not provide that minimum Level of Service. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The County's rezoning application requires applicants to model the worst possible scenario based on the use of the site. The TIA for the Woodside Commercial Center was based on 75,000 square feet of retail; the worst case scenario was modeled with this application. The Conclusions from the Transportation Impact Analysis (TIA) state that the following improvements are required to maintain the appropriate Level of Service C: • Route 11 / Hopewell Road/Brucetown Road: Traffic signalization along with dedicated left and right -turn lanes in the eastbound direction, dedicated left and right -turn lanes in the northbound direction, dedicated left and right -turn lanes in the southbound direction, and a dedicated right -turn lane in the westbound direction will be required to maintain acceptable levels of service during background and build -out conditions Staff Note: These improvements have not been proffered by the applicant. This application is not proposing to make any improvements, but provides $100 per "average vehicle trip ends on a weekday" which will be for road improvements and right of way acquisition on Route 11 and Route 672; which will be paid to the Treasurer of Frederick County prior to final site plan approval. This proposed "pot of funds" does not solve any of the problems associated with this intersection. In fact, Rezoning #18-06 Woodside Commercial Center December 4, 2006 Page 6 as proposed the site could be developed without road improvements, severely impacting the road network. Also, at this time it is unclear if the right-of-way is available to expand this intersection and the amount of funds necessary for the improvements is questionable. • Route 11 / Woodside Road: Traffic signalization will be required to maintain acceptable levels of service during build -out conditions. Staff Note: This improvement has not been proffered by the applicant. • Site Driveway#1 / Route 11: This intersection will require a shared westbound thru/right lane, dedicated northbound thru and right lanes, and dedicated southbound thru and left lanes to maintain acceptable levels of service during build out conditions. Staff Note: The applicant is constructing an additional 12' lane along Martinsburg Pike. • Site Driveway #2 / Woodside Road: This intersection will require a shared eastbound thru/right lane, a shared westbound thru/left lane, and a shared northbound left/right lane to maintain acceptable levels of service during build -out conditions. Staff Note: These improvements have not been proffered by the applicant. • Site Driveway #3 / Woodside Road: This intersection will require a shared eastbound thru/right lane, a shared westbound thri /left lane, and a shared northbound left/right lane to maintain acceptable levels of service during build -out conditions. Staff Note: These improvements have not been proffered by the applicant. B. Sewer and Water The FCSA has a six inch sewer force main along Route 11. This development is expected to generate 500 gallons/day/acre for a total of 4,418gpd. The applicant will build a sewer pump station to be dedicated to the FCSA if the Authority deems it necessary; otherwise individual grinder pumps will be installed and maintained privately. The FCSA has a 12" water main along Route 11. This development is expected to generate 1000 gallons /day/acre for a total of 8,835gpd. C. Community Facilities In recognition of the impacts that may be realized by the community to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $0.10 per building square foot to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. 5) Proffer Statement — Dated June 13, 2006 (Revised November 9, 2006) A. Transportation Access to the property from Martinsburg Pike (Route 11) shall be limited to one commercial entrance. Access to the property from Woodside Road (Route 671) shall be limited to two Rezoning #18-06 — Woodside Commercial Center December 4, 2006 Page 7 commercial entrances. The applicant will construct a 12' lane onto Route 11 along the site road frontage (+/- 650'). This lane will be constructed prior to receiving final occupancy permits on site. The applicant proffers to pave Woodside Road (Route 671) from Route 11 along the road frontage of this parcel of approximately 650'. The final typical section including width and pavement section will be subject to VDOT review and approval once site plans are submitted. This will be built prior to receiving any final occupancy permits on site. The applicant proffers to provide one Interpareel connection along the southern boundary. This connection will be shown on the Master Development Plan. A ten foot strip of land will be dedicated along the entire frontage of property along Martinsburg Pike. A strip of land 25' in width will be dedicated from the centerline of Woodside Road along the entire frontage of the property. The applicant has proffered $100 per "Average Vehicle Trip Ends on a Weekday", generated by the Woodside Commercial Center for road improvements and right of way acquisition in Route 11 and Route 672 (Hopewell Road) corridors in the Clear Brook area. The trip generation data will be submitted to the Virginia Department of Transportation and the Frederick County Planning Department for review with each site plan submission. The proffer shall be paid to the Treasurer of Frederick County prior to final site plan approval. This site may have multiple site plans and each shall pay accordingly prior to their site plan approval by Frederick County. Staff Note: The applicant is proposing to provide money towards future improvements based on vehicle trips that the site produces. At this time, it is unclear if the right-of-way is available to expand this intersection and the amount of funds necessary for the improvements is questionable. The proposed funds do not solve any of the problems indicated in the TIA and the proffered funds are not appropriate and do nothing to increase the level of service necessary for this project. Furthermore, it should be noted that transportation funds offered in proffers must be utilized within a limited time period; otherwise the funds are returned to the applicant. This offers a challenge to the County as the County would need to fund the rest of the necessary improvements, guaranteeing that the necessary improvements are completed and proffered funds spent within a limited state code delineated time frame. Under this scenario, if the rezoning is approved, the site may develop without the required improvements and transportation network. The road network could be failing while the site continues to develop. B. Monetary Contributions — Fire & Rescue The applicant has proffered a financial contribution of $0.10 per building square foot shall be paid to Frederick County Fire and Rescue. Rezoning #18-06 — Woodside Commercial Center December 4, 2006 Page 8 C. Land Use The applicant has proffered that the combined building floor area on the site shall not exceed 75,000 square feet. The applicant has proffered that the following uses will be prohibited on the site: Truck Stops — Retail (SIC 5541) Rental of Railroad Cars (SIC 4741) Mobile Home Dealers (SIC 5271) The applicant proffers to limit the total number of pumps to twelve or less for "Automobile Service Stations, Retail" as defined by SIC 5541. The applicant proffers to limit the total building square footage for SIC 79 — "amusement and recreational services operated indoors" to a combined total of 10,000 square feet or less. Staff Note: Recognizing that the Comprehensive Policy Plan calls for industrial uses on this property, additional commercial type uses should be proffered out with this rezoning. Commercial uses like general offices, amusement and recreational services operated indoors should be eliminated from this development to ensure the intent of the Comprehensive Plan is implemented. D. Environment The applicant has proffered that a "Full Screen" buffer shall be placed along neighboring parcels zoned RA that have a residential use at the time of site plan approval. An additional row of evergreen trees for a total of four rows to be placed along neighboring parcels to the east and south zoned RA with a residential use at the time of site plan approval. E. Corridor Enhancement — Martinsburg Pike The applicant has proffered to construct a split rail fence along the road frontage. A landscape buffer will be installed along Route 11 in areas where a rural residential use occurs across this road. The applicant will not allow any parking lots, outdoor storage, or driving lanes to be constructed between the buildings and Route 11. This applies only to the building nearest to Route 1 I and not inside the park. Any required fire lanes within this area will be grass paved. One monument style sign will be permitted along Route 11 that displays the parks name and tenants; this sign will not exceed 12' in height and 100sf in area. Freestanding signage between the buildings and Route I 1 (other than the monument sign) will be prohibited. The applicant will restrict each business facing Route 11 a sign mounted on the building not to exceed eight square feet. Rezoning #18-06 — Woodside Commercial Center December 4, 2006 Page 9 STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING: The land use proposed in this rezoning could be consistent with the Northeast Land Use flan if a number of inappropriate uses are prohibited on the site. Staff would recommend that the applicant consider prohibiting by proffer certain B3 uses which have a more commercial use to ensue that the goals of the NELUP are implemented. More importantly, this application fails to address and mitigate the transportation impacts associated with the proposal. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. Specifically, the applicant should be mitigating the impacts identified in their TIA. The applicant should be prepared to address theses issues prior to a recommendation by the Planning Commission. Followinz the requirement for a public hearinz, a recommendation by the Planninje Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. ERICK . �y�g- = Department annmand Development 540/665-5651 FAX: 540/665-6395 October 18, 2006 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603-4757 RE: Second Preliminary Rezoning Comments for Woodside Commercial Center Dear Gary: I have had the opportunity to review the revised draft rezoning application for the Woodside Commercial Center. This application seeks to rezone 8.835 acres from RA (Rural Areas) District to the B3 (Industrial Transition) District. Staff's review comments are listed below for your consideration. 1. Northeast Land Use Plan. The site is within the limits of the Northeast Land Use Plan, and designates the site for industrial use. The plan further states that "Industrial land uses are proposed adjacent to the railroads in the southern and northern portions of the study area". The B3 Zoning District is an industrial transition district and is generally consistent with the industrial land use planned for in the Northeast Land Use Plan as it relates to this site on Martinsburg Pike, so long as many of the commercial uses allowed in the B3 district are prohibited from this site. 2. Northeast Land Use Plan. The plan calls for Level of Service Category C or better for proposed industrial and commercial development. This application does not provide that Level of Service. 3. Northeast Land Use Plan. The plan calls for improving Martinsburg Pike (Route 11 North) to a four -lane facility. The applicant has proffered to construct a 12 foot lane along the road frontage for this site, as well as dedications for Route 11 and Woodside Road. A 10 foot dedication is proposed for Martinsburg Pike and the construction of a 12 foot lane; indicate if any turn lanes on Martinsburg Pike will be necessary in addition to the 12 foot lane. 4. Impact Assessment Statement — Proposed Uses. The application states the rezoning is for B3 (Industrial Transition) uses and the TIA is based on 75,000 square feet of heavy industry. Heavy Industry is not allowed in the B3 District. It is only allowed in the M2 (Industrial General) District. Furthermore, unless a specific use is proffered, the County will assume the maximum possible development (retail) as per the County's rezoning application, combined with the proffered floor space. The applicant will need to base the TIA and all analysis on what is actually proffered with 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. Gary Oates RE: Proposed Rezoning of Woodside Commercial Center October 18, 2006 the development, which includes 75,000 square feet of floor area with various uses (restaurant, etc.). Basing the TIA on heavy industry is not acceptable. Addendums for this issue have not been provided. 5. Traffic Impact Analysis (Background). The background information provided in the TIA for Woodside Commercial Center does not include the recently approved Clearbrook Business Center rezoning, as well as the North Stephenson Rezoning (Omps). Also, the numbers provided for the Rutherford's Farm Rezoning (background — 500,OOOsf) do not appear to match what is associated with the rezoning. The original Rutherford Ml rezoning was proffered at over 1.4 million square feet of floor area (9,744 average daily trips [ADT]) and the subsequent rezoning of a portion of this site to B2/B3 added another 2,368 ADT. Correct errors. Addendums for this issue have not been provided. 6. Traffic Impact Analysis (Levels of Service). Figure 9 of the submitted TIA shows that the Route 11/Hopewell Road/Brucetown Road will be able to achieve acceptable levels of service with the suggested improvements. 7. Proffer Statement (#If). The TIA as indicated above suggests that the referenced intersection will be able to achieve an acceptable level of service with the suggested improvements. This application is not proposing to make any improvements, only to provide $100 per "average vehicle trip ends on a weekday" which will be for maintenance, road improvements, right of way acquisition on Route 11 and Route 672; which will be paid to the Treasurer of Frederick County prior to final site plan approval. This proposed "pot of funds" does not solve any of the problems associated with this intersection. At this time, it is unclear if the right-of-way is available to expand this intersection and the amount of funds necessary for the improvements is questionable. These proffered funds are not appropriate and do nothing to increase the level of service necessary for this project. 8. Proffer Statement (#lb -c). Proffer lb -c states that the additional lane along Route 11, as well as the improvements to Woodside Road, will be built or bonded prior to occupancy of any building. All improvements need to be built, not bonded, prior to the occupancy of any structure on the site. 9. Proffer Statement (#4-6). The applicant has proffered to prohibit gasoline service stations and truck stops and proffers a limited floor space of amusement and recreational services operated indoors. The original proffer also restricted the size of uses like restaurants, warehousing, hardware stores and recreational services. Since the Comprehensive Plan calls for this site to be used for industrial uses. recreational services general business offices(among other uses not in kming with an industrial intent are not appropriate on this site. Uses that do not fit in with the industrial intent of this area should be addressed and eliminated. Page 3 Mr. Gary Oates RE: Proposed Rezoning of Woodside Commercial Center October 18, 2006 10. Proffer Statement (#8). The proffer statement that pertains to aesthetics along Martinsburg Pike should be enhanced. The zoning ordinance requires landscaping between commercial zoning and rural residential uses (located across Martinsburg Pike); proffered landscaping in addition to the rail fence would be appropriate. 11. Proffer Statement (#8). The proffer statement that pertains to parking areas between Martinsburg Pike and the buildings should be clarified to address outdoor storage, outdoor display, and driving lanes, as well as utilize only grass pave for fire lanes to ensure that the intent of the Comprehensive Plan is implemented. 12. Proffer Statement (#8). The proffer that pertains to signage states that the applicant will not install any signs along Martinsburg Pike other than one monument sign. Size limitations on the monument sign should be considered; a maximurn of 10 feet in height would be appropriate. 13. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, Clearbrook Fire and Rescue Company 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. 14. 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 $3,883.50 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 this application may be scheduled for public hearings. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins Planner II CEP/bad Frederick County, Woodside 1.0%ju n nercial Location in the County Map Features Application Long Range Land Use t3 Lakes/Ponds Rural Community Center �^- Streams Residential Topography (5' interval)"Business Buildings ® Industrial Streets Institutional I%,k Primary - Recreation Secondary Historic '�. Tertiary ® Mixed -Use AGF Districts ® Planned Unit Development QO South Frederick District 1W Double Church District ' Red Bud District Location in Surrounding Area Frederick County, Rozoning FEZ#18-06 Woodside Commercial Location in the County Map Features Application Zoning tS Lakes/Ponds Bt (Business, Neighborhood District) '^ Streams B2 (Business, General District) 'N- Topography (5' interval) 40 B3 (Business, Industrial Transition District) Buildings EM (Extractive Manufacturing District) Streets HE (Higher Education District) ti Primary "0 M1 (Industrial, Light District) Seconds v ry M2 (Industrial, General District) Terciary 4' MH1 (Mobile Home Community District) AGF Districts • MS (Medical Support District) South Frederick District 4"' R4 (Residential, Planned Community District) Double Church District 'i-" R5 (Residential Recreational Community District) C' Red Bud District RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area Rezoning: Property: Record Owner: Applicant: Project Name: Original Date of Proffers: Revised Date Proffers: Magisterial District: RZ # 0-06 Area: 8.835 acres Tax Parcel 33 -(A) -124A SilverWolfe, LLC GreyWolfe, Inc. — Gary R. Oates, LS -B, PE Woodside Commercial Center June 13, 2006 November 9, 2006 Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #0--06 for rezoning of 8.835 -acres from the RA District to Industrial Transitional (B-3) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill & Bonnie R. Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument #060018520 dated September 29, 2006. Proffers: 1. Transportation a. Access i. Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 67 1) shall be limited to a maximum of two commercial entrances. The final locations will be subject to VDOT review and approval once site plans are submitted. b. Additional Lane — Route 11 i. The applicant hereby proffers to construct a 12' lane onto Route 11 along the site road frontage. This +/-650' long lane will be built to VDOT requirements. This will be built prior to receiving any final occupancy permits on site. c. Road paving — Route 671 i. The applicant hereby proffers to pave Route 671 from Route 11 along the road frontage of this parcel of approximately 650'. The final typical section including width & pavement section will be subject to VDOT review and approval once site plans are submitted. This will be built prior to receiving any final occupancy permits on site. d. Interparcel connections i. The applicant hereby proffers one interparcel connection along the southern boundary. This connection will be shown on the Master Development Plan. e. Right of Way Dedication i. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty-five (25') in width from the centerline of Woodside Road (Route 67 1) along the entire frontage of the property. These dedications will take place prior to site plan approval. f. Monetary Contributions for Road Improvements The applicant hereby proffers $100 per "Average Vehicle Trip Ends on a Weekday", as defined by the Institute of Transportation Engineers Trip Generation Handbook 7th edition, generated by the Woodside Commercial Center for road improvements and right of way acquisition in Route 11 and Route 672 corridors in Clear Brook area. The trip generation data will be submitted to the Virginia Department of Transportation and the Frederick County Planning Department for review with each site plan submission. The proffer shall be paid to the Treasurer of Frederick prior to final site plan approval. This site may have multiple site plans and each shall pay accordingly prior to their site plan approval by Frederick County. 2. Monetary Contributions — Fire & Rescue a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The applicant hereby proffers that the combined building floor area on this site shall not to exceed 75,000 square feet. 4. The applicant hereby proffers that the following uses shall be prohibited on the property: a. "Truck Stops -Retail' as defined in SIC 5541 —"Gasoline Service Stations" b. SIC 4741— "Rental of Railroad Cars" c. SIC 5271— "Mobile Home Dealers" 5. The applicant hereby proffers to limit the total number of pumps to twelve or less for "Automobile Service Stations-, Retail" as defined in SIC 5541 -"Gasoline Service Stations". 6. The applicant hereby proffers to limit the total building square footage for SIC 79 — "Amusement and recreational services operated indoors" to a combined total 10,000 square feet or less. 7. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance to be placed along neighboring parcels zoned RA with a residential use at the time of site plan approval. An additional row of evergreens trees for a total of four rows to be placed along neighboring parcels to the east and south zoned RA with a residential use at the time of site plan approval. 8. The applicant hereby proffers the following corridor enhancements along the road frontage of Route 11, Martinsburg Pike: a. The applicant will construct a split rail fence along the road frontage. rr__ t �_ D .,,t 1 1 I Cireau where a b. The applicant will install a landscape bu��Gt atuttg lN-�u e = = in rural residential use occurs across this road. c. The applicant will not allow any parking lots, outdoor storage, or driving lanes to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. Any required fire lanes within this area will be grass paved. d. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the park's name and list of tenants. This monument sign will not exceed twelve (12') in height or one hundred (100 sf) square in area. The applicant will not install any freestanding signs between the buildings and Route 11 other than this one monument sign. e. The applicant will restrict each business facing Route 11 to a sign mounted on the building not to exceed eight square feet. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: Gary R. Oates L C � ar. Oates Commonwealth of Virginia, i/- 9 -OL Date Date Cit /Count of�{�l a� 4 .r To Wit: The foregoing instrument was acknowledged before me this day of j \j' , 2006 By i'11 i \lJl i't p Notary P lic My Commission Expires )u��f �3(), �1 Impact Statement For consideration of Rezoning the lands for the Woodside Commercial Center Stonewall Magisterial District Frederick County, Virginia April 10, 2006 Rev. November 11, 2006 Tax Map Numbers 33 -(A) -124A Total Area: 8.835 acres Owner of Record: SilverWolfe, LLC 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax Contact: Gary R. Oates, LS -B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax Woodside Commercial Center Rezoning Introduction The site is located at the southeastern corner of the intersection of Woodside Road (Route 67 1) and Martinsburg Pike (US Route 11) and about 3,000' north of exit 321 in Clearbrook, VA. The site has been used for agricultural purposes in the past. The applicant is seeking a change in zoning from RA to B-3 to create an industrial transition business park that is consistent with the Frederick County Comprehensive Plan. Existing Conditions The majority of the property is a hayfield. There are two box culverts under Route 11 that drains stormwater west of Route 11 towards twin 15" RCP's under Woodside Road. Comprehensive Planning The site is intended to be zoned industrial per the comprehensive plan. There is public water and sewer is available at the site. The benefit to Frederick County by approving this rezoning will be a positive economic impact and employment opportunities for its citizens. Proposed Development The site will be graded, landscaped, and commercial entrances installed that will meet current VDOT specifications. There are not any prospective tenants for the property; therefore, the traffic and fiscal impacts will assume 75,000 sf of retail use with associated parking. Physical Impacts The site is not located within or near any 100 year flood plains per FEMA Flood Map #510063 0110 B. Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Surrounding Properties The site is bounded by Route 11 to the west and Route 671 to the north. The surrounding properties are zoned RA with residential uses to the south and northeast. The Winchester and Western railroad borders the eastern boundary. All parcels are intended to become commercial/industrial as indicated by the Comprehensive Plan. Traffic Impact and Analysis See attached report by PHR&A. Sewer Conveyance and Treatment The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 4,418 gpd. The applicant will build a sewer pump station to be dedicated to the FCSA if the Authority deems it necessary. Otherwise if there are a limited number of users, they will install individual grinder pumps to be maintained privately. Water Supply The FCSA has a 12" water main along Route 11. This development is expected to generate 1000 gallons/day/acre for a total of 8,835 gpd. Drainage In the past, the stormwater runoff would breach a portion of Woodside Road; however, an additional 15" culvert placed under Woodside a few years ago by VDOT has corrected this safety issue. Furthermore, the agricultural field to the north (downstream) receives this runoff from Woodside and lacks a defined channel to convey the stormwater towards Turkey Run. This lack of a channel in the crop field has caused ponding in the fields during large storm events. While this project can not cure the ponding, we will make sure the ponding is not increased by following the Frederick County Ordinance and to the guidelines set forth by the Department of Public Works for stormwater management and quality. Solid Waste Disposal The Civil Engineering Reference Manual, 4th edition, uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. A 75,000 sf development will yield 405 cubic yards (283 tons) per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. 2 Police Fire and Rescue Impact The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.10 per building square to the County for fire and rescue services. Parks & Recreation Impact The only impact to the Parks might be some of the businesses signing up for shelters for company picnics. This development is not expected to increase population; therefore, no measurable impacts are predicted. Soils The only soil type identified on the General Soil Map of the Soil Survey of Frederick County Virginia is an Oaklet silt loam (#32B) as shown on sheet 419. This soil type is considered prime farmland. The characteristics of this soil are manageable for development following the Virginia Erosion and Sediment Control practices. Geology This area is also known for karst topography. Immediately to the east of this project is a limestone quarry. Soil borings and review by a geotechnical engineer is advised. 3 A Trnffic Impact Analysis of the Woodside Commercial Center Located in: Frederick County, Virginia Prepared for: GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Prepared by: Patto rt Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. 300 Foxcroft Avenue, Suite 200 7f—) 1, Martinsburg, West Virginia 25401 T 304.264.2711 .i 4� F 304.264.3671 a June 12, 2006 November 8, 2006 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Woodside Commercial Center located at the southeastern corner of the intersection of Woodside Road (Route 671) and Martinsburg Pike (US Route 11), in Frederick County, Virginia. The proposed development is to be comprised of 75,000 square feet of retail. Access to the site is to be provided via two (2) site -driveways along the south side of Woodside Road and a site - driveway along the east side of US Route 11. The proposed development will be built -out over a single transportation phase by the year 2010. Figure 1 is provided to illustrate the location of the proposed Woodside Commercial Center with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Woodside Commercial Center were obtained through the following sequence of activities: • Assessment of background traffic including other planned projects in the study area; • Calculation of trip generation for the proposed Woodside Commercial Center; • Distribution and assignment of the Woodside Commercial Center development - generated trips onto the completed roadway network; and • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS+, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 11/ Hopewell Road/Brucetown Road, Hopewell Road/ I-81 northbound ramps, Hopewell Road/ I-81 southbound ramps and Route 11/ Woodside Road. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.2 % based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT (Average Daily Trips) and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 illustrates the respective existing lane geometry and levels of service. All traffic count data and HCS+ levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the Woodside Commercial Center Project Number: 14556-1-0 p + November 8, 2006 H Page 1 No Scale 11 J; 4 J f rte'' Cleafhrogk ,pV�` 1� .Palk• Figure 1 Vicinity Map - Woodside Commercial Center A Traffic Impact Analyses OT me wouasiae w.a nci u 1 Project Number: 14556-1-0 J� November 8, 2006 H Page 2 No Scale n� I n1� N� - � t �'z,("9)o0�,► ��o�oJ� s `p'fi4 bj hb Nip I �0- �C I 4r tiry �I05I36% � �S�`e ` lull' #I ` 5) 102 r�SI(� (24)2; )102 a I) SITE NopeueR Rd o cli NopeWeRRoad o h ti o4'` 0 %Ow62(4'n �ti ♦39(46) �R l *,ww 54(52) 1s4168 Brucetown Road (s3� 2 j� \i � tr NN b N _ a yC i. O z %'-69 (Z7)19 (8I)IOS� 69(8s� I32(I69I off' ti AM Peak Hour (PM Peak Hour) Figure 2 Existing i rraiiic Conditions PH A Traffic Impact Analysis of the Woodside Commercial CenterProjectNumber: 14556-1-0 November 8, 2006 Page 3 No Jca -I- AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movemer Denotes two-way left turn lane lig e 3 Existing bane Geometry and Levels of Service A Traffic Impact Analysis of the Woodside Commercial Center Project Number: 14556-1-0 1-H �November 8, 2006 Page 4 2010 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2002 and 2004) for Route 11 within the vicinity of the site, a growth rate of 3.5 % was calculated and applied to the existing traffic volumes (shown in Figure 2) to obtain the 2010 base conditions. Additionally, PHR+A included specific future developments located within the vicinity of the proposed site. Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to summarize the 2010 "other developments" trip generation. Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 5 shows the respective 2010 background lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. Table 1 2010 Background Developments Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total Alli Sempeles Property (Partial Build -Out) 130 Industrial Park 598,950 SF 336 74 409 106 398 503 3,719 820 Retail 49,000 SF 62 40 102 188 203 391 4,271 Total 398 113 511 293 601 894 7,990 Clearbrook Properties (Full Build -Out) 120 GA Heavy Industrial 120,000 SF 54 7 61 3 20 23 180 932 H -T Restaurant 8,000 SF 48 44 92 53 34 87 1,017 Total 102 52 153 56 54 110 1,197 Rutherford's Farm Industrial Park (Full Build -Out) 130 Industrial Park 1,400,000 SF 1,022 224 1,246 270 1,018 1,288 9,744 820 Retail 20,000 SF 36 23 60 104 113 216 2,386 Total 1,058 247 1,306 374 1,131 1,504 12,130 North Stephenson Tract OMPS Property (Full Build -Out) 110 Light Industrial 800,000 SF 752 103 855 118 863 981 5,874 Total 752 103 855 118 863 981 5,874 Stephenson Village (Partial Build -Out) 210 Single -Family Detached 429 units 77 232 310 255 144 399 4,290 220 Apartment 240 units 20 103 123 100 49 149 1,573 230 Townhouse/Condo 390 units 26 125 150 127 62 189 3,393 251 Elderly Housing - Detach 266 units 29 51 80 78 44 123 1,064 253 Elderly Housing - Attach 72 units 3 2 5 4 3 7 251 Total 1 155 513 667 1 564 302 866 1 10,570 PH A Traffic Impact Analysis of the Woodside Commercial Center Project Number: 14556-1-0 November 8, 2006 Page 5 No Sc AM Peak Hour (PM Peak Hour; Figure 4 2010 Background Traffic Conditions A Traffic Impact Analysis of the Woodside Commercial Center Project Number: 1 Novemberer 8 8, , 2006 PHP Page 6 No Scale Road (51 Unsignalized Intersection p )A'�r z Unsignalized Intersection * 4� IS 40 bfl�e ♦ �'`/ C SITE VBrucetown UnsignazedIntersectionFRo' 'Suggested Signalized Improvements" Intersection Intersection Alignment LOS=B(B) signalization EB - 1 Left / Might WB - 1 Right NB - 1 Left / 1 Right SB - 1 Left / 1 Right l� AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement Denotes two-way left turn lane Figure 5 2010 Background bane Geolretry and Lever of 'ervice PH A Trak Impact Analysis of the Woodside Commercial Center Project Number: 14556-1-0 November 8, 2006 Page 7 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip !2e ation Report, PHI?+A has prepared Table 2 to summarize the trip generation for the proposed Woodside Commercial Center. Table 2 Proposed Development: Woodside Commercial Center Trip Generation Summary AM Peak Hour PM Peak Hour Land Use Amount rn Out Total I In Out Z 820 Retail 75,000 SF 80 51 132 249 269 518 Total 1 80 51 132 1 249 269 518 TRIP DISTRIBUTION AND TRIP ASSIGNMENT ADT 5,633 The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Woodside Commercial Center site. Figure 7 shows the respective development -generated A 41PM peak hour trips and ADT assignments. 2010 BUILD -OUT CONDITIONS The Woodside Commercial Center assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations build -out lane within the study area. Figure 9 shows All HCS plev is of sective Orvice worksheets are included and AM/PM peak hour levels of service, in the Appendix section of this report. A Traffic Impact Analysis of the Woodside Commercial Center Protect Number. 14556-1-0 PNovember 8, 2006 H Page 8 No Scale E: Figure 6 PR+AH Trip Distribution Percentages A Traffic Impact Analysis of the Woodside Commercial Center Project Number: 14556-1-0 November 8, 2006 Page 9 No Scale (25)8 SIT] AM Peak Hour (PM Peak Hour 1 Figure 7 Development -Generated Trig Assignments A Traffic Impact Analysis of the Woodside Commercial Center PH"A+ ProjectNumber: er 8, 21 6November 8, 2006 Page 10 AM Peak Hour (PM Peak Hour) 0 figure 8 2010 Build -out Traffic Conditions PH A Traffic Impact Analysis of the Woodside Commercial Center Project Number: 14556-1-0 RNovember 8, 2006 Page 11 nt Denotes two-way left turn lane Figure 9 2010 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Woodside Commercial Center R+A Project Number: er 8, 21 6H November 8, 2012 Page 12 CONCLUSION The traffic impacts associated with the proposed Woodside Commercial Center are acceptable and manageable. All of the study area intersections, except the intersections of Route 11/ Hopewell Road/Brucetown Road, Route 11/ Woodside Road and Hopewell Road/ 1-81 southbound ramps, will maintain overall levels of service "C" or better during 2010 build -out conditions. Although the intersection of Hopewell Road / I-81 southbound ramps will operate at level of service "D" during the PM peak hour, it is unlikely that a signal warrant would be met. Therefore, traffic signalization is not recommended. The following describes the suggested roadway improvements for each of the study area intersections as shown in Figure 9 during 2010 build -out conditions. • Route 11 / Hopewell Road/Brucetown Road: Traffic signalization along with dedicated left and right -turn lanes in the eastbound direction, dedicated left and right -turn lanes in the northbound direction, dedicated left and right -turn lanes in the southbound direction, and a dedicated right -turn lane in the westbound direction will be required to maintain acceptable levels of service during background and build -out conditions. • Route 11 / Woodside Road: Traffic signalization will be required to maintain acceptable levels of service during build -out conditions. • Site Driveway #1 / Route 11: This intersection will require a shared westbound thru/right lane, dedicated northbound thru and right lanes, and dedicated southbound thru and left lanes to maintain acceptable levels of service during build- out conditions. • Site Driveway #2 / Woodside Road: This intersection will require a shared eastbound thru/right lane, a shared westbound thru/left lane, and a shared northbound left/right lane to maintain acceptable levels of service during build -out conditions. • Site Driveway #3 / Woodside Road: This intersection will require a shared eastbound thr-u/right lane, a shared westbound thru/left lane, and a shared northbound left/right lane to maintain acceptable levels of service during build -out conditions. • Per the VDOT Road Design Manual, PHR+A also determined that additional turn lanes along Route 11 within the study area intersections will not be required. PHP A Traffic Impact Analysis of the Woodside Commercial Center Project Number: 14556-1-0 November 8, 2006 Page 13 APPENDIX Woodside Commercial Center Stonewall Magisterial District Frederick County, Virginia Tax Map Number 33 -(A) -124A Total Area: 8.835 acres Owner ofRecord- SilverWolfe, LLC 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 Contact.• Gary R. Oates, LS -B, PE Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax u r w8jr, ,.. Woodside Commercial Center Stonewall Magisterial District Frederick County, Virginia Tax Map Number 33 -(A) -124A Total Area: 8.835 acres Owner ofRecord- SilverWolfe, LLC 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 Contact.• Gary R. Oates, LS -B, PE Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be completed by Planning Staff. � Fee Amount Paid $ ling Amendment Nu ber ; Date Received / / I. z 6 Hearing Date /Z ` e D6 BOS Hearing Date l r 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: GreyWolfe, Inc. Address: j o73 gedbu I goad Winchester Virginia 22603 2. Property Owner (if different than above) Name: SilverWolfe, LLC Address: 1073 Redbud Road Winchester Virginia 22603 3. Contact person if other than above Name: Gary R. Oates, LS -B, PE Telephone: 540-667-2001 Telephone: 540-667-2001 Telephone: 540-667-2001 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property Verification of taxes paid 11 Agency Comments Fees Impact Analysis Statement Proffer Statement S. 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: Gary Rodney Oates and Gary Kenzel Oates 6. A) Current Use of the Property: Agricultural B) Proposed Use of the Property: Industrial Transition (B-3 zoning uses 7. Adjoining Property: PARCEL ID NUMBER 33 -(A) -125B & 33-(A)-126 33-(A)-129 33-(A)-131 33 -(A) -124D 33 -(A) -124B & 33 -(A) -124C 33-(A)-125 & 33 -(A) -125A USE Residential Agriculture Agriculture Residential Residential Residential RA RA RA RA RA RA ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the east side of Route 11 and +/- 3000' north of Rte 672 (Hopewell Road) also known as exit 321 of Interstate 81. 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 33 -(A) -124A Magisterial: Stonewall Fire Service: Clearbrook Rescue Service: Clearbrook Districts High School: James Wood Middle School: James Wood Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 8.835 RA B-3 8.835 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: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 75,000 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, p , ��, lGu !,'. Date: //- 9-D r Date: Owner(s): � Gx 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. Name and Property Identification Number Address Name Elaine F. MaGee 3703 Martinsburg Pike Clearbrook, VA 22624 Property # 33 -(A) -125A Name Deborah D. Swimley P.O. Box 10 Clearbrook, VA 22624 Property # 33-(A)-1256 Name Everett L. Caton 2060 Cedar Hill Road Clearbrook, VA 22624 Property # 33-(A)-126 Name James & Carolyn Stimmel 3446 Old Charlestown Road Berryville, VA 22611 Property # 33-(A)-129 & 33-(A)-131 Name Jack F. Robinson 2140 Woodside Road Clearvbrook VA 22624 Property # 33-(A)-1246 Name O -N Minerals (Chemstone) P.O. Box 71 Strasburg, VA 22657 Property # 34 -(A) -11A Name Frederick A. & Un H. Stronko 3656 Martinsburg Pike Clearbrook, VA 22624 Property # 33 -(A) -124D Name MOHEBATULLAH VAHIDI 794 Center Street Herndon, VA 20170 Property # 33-(A)-125 Name Property # 15 PINE KNOLL CONSTRUCTION CO., INC. 210 EBERT RD. WINCHESTER, VA 22603 PHONE 540-667-3092 FAX 540-667-3263 1-800-664-3092 GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Phone (540) 667-2001 Re: Route 11 North Improvements Dear Sir: November 14, 2006 have reviewed the attached spreadsheet and agree the dollar amounts associated with each construction task appears realistic. I would caution that a final set of construction drawings, showing all improvements, would be necessary before an exact bid could be given. However, the numbers you have shown are a very close approximation of the cost. Pine Knoll Construction would be pleased to offer a proposal for this project when engineered road plans are available. Thank you, Jeffery G. Jenki s Pine Knoll Construction, Inc. Route 11 Widening Length Width Area (sf) Value per sf Total Land (Right of Way) 13,500 10 135,000 $3.00 $405,000.00 Demolition of Center Lane 13,500 12 162,000 162,000 $1.25 $1.00 $202,500.00 $162,000.00 Landscaping 13,500 13,500 12 4 $ i2.50 $575,000.00 Curb a Gutter (4 runs) Grading 13,500 30 405,000 $1.00 $405,000.00 15" Stone Base 13,500 30 405,000 $1.75 $708,750.00 6" Pavement 13,500 24 324,000 $2.50 $810,000.00 $25,000.00 Traffic Control Allowance $60,000.00 _ Storm Sewer Allowance $15,000.00 Admin Allowance $15,000.00 Mobilization Allowance $50,000.00 E&S Allowance Total $3,533,250.00 Interchange Land 78,500 $6.00 $471,000.00 $925,000.00 Road Improvements $175,000.00 Traffic Light — Total $1,571,000.00 Road Improvemts Total per Eastern Road Plan Potential Land for Rezoning Acres Use Trips per Acre To#al Commercial 230 Business Park 149.79 34,452 Industrial 518 General Light 51.8 26.832 Industrial Park Total 61,284 Eastern Road Plan Improvements $5,104,250.00 Total VPD's 61,284 Cost per Vehicle $83.29 +20% Contingency 16.66 $99.95 Total Cost per Vehicle Dear Board of Supervisors, My name is Doug Brill and I own the Clearbrook Shopping Center. I am aware of the commercial rezoning request by Mr. Oates and I encourage you to vote for it. i'leUCllUli I.Vullly llGGLLJ 111V1c l.Vlllpllerclal LLGVe1Vp111e11L LV Vl Jet the expenses 11 om the many subdivisions that have been built over the last few years. Without more businesses, the taxes would have to increase to support all of these families. Doug Brill Clearbrook Shopping Center HMC, LP, LLP 920 Hopewell Road Clear Brook, VA 22624 Frederick Board of Supervisors: My family farms considerable acreage in the Clear Brook area and we have seen many changes over the years. I have discussed this rezoning with Rodney Oates and understand the impacts, both positive and negative, of this rezoning. We are in favor of this request. I think this County needs more rezonings to bring in businesses and fewer that bring in more houses and create the need for schools. Please approve the rezoning for our area. ohn David Cline HMC, LP, LLP To Whom It May Concern: I own the 16 acre parcel zoned B-3 across from the SilverWolfe property in Clearbrook. I want to say that I am in support of his rezoning request. I think Clearbrook will be a thriving commercial and industrial corridor someday and we need to start getting this area ready for the businesses and industries by having the land rezoned and ready for the development. fery G. Jenkins To the Frederick County Board of Supervisors and the Planning Commission: I own a farm across the road of this rezoning. I support this rezoning and understand the impacts to the area. I feel this commercial development will benefit Clear Brook and Frederick County. Charles W. Orndoff, Sr. 1 1' II t I� �qv, t � 5.000 ACRE LjIplt�Rli Ij i a. 4WD"m WORE d � �{ SCALE iv A70 a2V �I MAr SNOMG D114MM OF 1 (p+� 7TH LISW a', I WITT D. ROBINSON, ET AL STONEWALL DISTR RGlN1QREDERICK COUNTY i! .• .j SCALES ASSHOWN, DATR t MAY 2L Ma7 GREEMAY BIGINEERING +ANO SRRMING CO.. INC. wit ex►a „s.•� aatESE4S>I • N�tTu►E SD 404criEsIrfo WOW" 21wo fSefa..U. avec , '50" 57'17'W --' aX92' .er r r Pw_ r RT TE N4. 1 see• ,. 54 17 3 0116RZ z ID II �� P-4tz s _ 3 M li y t �I It •.. ;i I rt� � S5T°2 •M.E- 742 ?X �qv, t � 5.000 ACRE LjIplt�Rli Ij i a. 4WD"m WORE d � �{ SCALE iv A70 a2V �I MAr SNOMG D114MM OF 1 (p+� 7TH LISW a', I WITT D. ROBINSON, ET AL STONEWALL DISTR RGlN1QREDERICK COUNTY i! .• .j SCALES ASSHOWN, DATR t MAY 2L Ma7 GREEMAY BIGINEERING +ANO SRRMING CO.. INC. wit ex►a „s.•� aatESE4S>I • N�tTu►E SD 404criEsIrfo WOW" 21wo fSefa..U. avec , '50" 57'17'W --' aX92' .er r r Pw_ RT TE N4. 1 Ss 17 3 rem 54 17 3 0116RZ z ID r REZONING APPLICATION #20-06 CIVIL WAR PRESERVATION TRUST Staff Report for the Planning Commission Prepared: December 1, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/20/06 Pending Board of Supervisors: 01/10/07 Pending PROPOSAL: To rezone 222.03 acres from RP (Residential Performance) District to RA (Rural Areas) District for agricultural and historical preservation. LOCATION: The properties are located South of Redbud Rd., East of Interstate 81, and North of Regency Lakes and Millbrook High School, with frontage and access to from Redbud Rd. Access to the property is via a commercial entrance 0.7 miles from Rt. 11. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-88 and 54-A-90 PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Battlefield & Agricultural Preservation ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: MH1 (Mobile Home District) Use: Residential RP (Residential Performance) Residential East: RA (Rural Areas) Use: School/Agricultural West: RA (Rural Areas) Use: Agricultural PROPOSED USES: Battlefield and agricultural preservation on approximately 222 acres. Rezoning #20-06 — Civil War Preservation Trust December 1, 2006 Page 2 REVIEW AGENCIES: None required. PLANNING & ZONING: Site History: The original Frederick County Zoning Map identifies parcel 54-A-90 and 54-A- 88 as A-2 (General Agriculture). In 1973 parcel 54-A-88 was zoned R-4 (Residential Planned Community) Zoning District. Parcel 54-A-88 was part of the comprehensive down -zoning in 1982, which changed this property's zoning classification to the A-2 (General Agriculture) Zoning District. In 1989 Frederick County changed the rural zoning classifications, combining the A-1 (Limited Agricultural) and A-2 (General Agriculture) into one district now known as the RA (Rural Areas). Also in 1989, the two parcels were rezoned (RZ012-89) from RA (Rural Areas) to RP (Residential Performance). The proposed rezoning lies within the Third Battle of Winchester, an identified core battlefield area that has maintained its integrity. Within the Third Winchester Battlefield Preservation Plan, a component of the Frederick County Battlefield Network Plan (1995), proclaims a major goal in preserving battlefields is acquiring Third Winchester key areas. Given this goal, the property has been in the possession of the Association for the Preservation of Civil War Sites since 1995. Along with belonging to the Association for the Preservation of Civil War Sites, the property was placed into a conservation easement in 2000, whereas the two parcels will be restricted in development of the site. A copy of the conservation easement is included within the application. Earlier this year, the Red Bud Agricultural & Forestal District was formed. Included in the Red Bud Agricultural & Forestal District are the 222.03 acres that are being proposed to be rezoned. The Agricultural & Forestal Districts within Frederick County are designed to work similarly to a conservation easement. These districts prohibit development for up to five years. Comprehensive Policy Plan: The 2003 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 site is located outside the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The modifications to the boundaries of the UDA and SWSA to further preserve the property occurred in 2003. It is not within the limits of any small area land use plan, but is within the Red Bud Agricultural & Forestal District. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the majority of the rezoning within a Historic/Developmentally Sensitive Area (DSA). The additional 41 acres that lies outside the DSA has no land use designation. The rezoning of this property will further ensure its protection as a battlefield preservation site. The Rezoning 920-06 — Civil War Preservation Trust December 1, 2006 Page 3 2003 Frederick County Comprehensive Policy Plan states that zoning or other regulatory methods can be used to help protect important historical sites. In this case, the property has been properly designated in the Comprehensive Plan (DSA) considering its significance. Through ongoing recreational and trail system efforts, the property is seemingly more appropriate for rural land use. Included in the rezoning proposal is a map of the trail network on the property. Potential Impacts: No impacts are anticipated. This is an extremely positive rezoning request that minimizes potential future impacts and certainly addresses the Comprehensive Policy Plan. STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING: The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. Other elements that make this a positive rezoning include: the ability to provide a core protection area for the Third Battle of Winchester; removing the RP Zoning District from an area that would not be typically used for higher density housing because of its location outside the UDA and SWSA; and the ability to provide educational and recreational opportunities with an already planned trail network, which includes several historical interpretative sites. The rezoning proposal strongly supports the concepts provided in the 2003 Frederick County Comprehensive Polices, as well as further supporting historical preservation within the County. Followinz the requirement for a public hearing, a recommendation by the Planninm Commission to the Board of Supervisors concernin'a this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Frederick county, Location in the County Map Features Application ES Lakes/Ponds Streams Topography (5' interval) Buildings Streets v Primary Secondary Terciary AGF Districts 4� South Frederick District v Double Church District O Red Bud District I - Urban Development Area ,d SWSA FIre,Prxtnfinn Parcel ID: 54 -A -88,54-A-90 Long Range Land Use Rural Community Center Residential --= Business ® Industrial Institutional Recreation Historic ® Mixed -Use ® Planned Unit Development Location in Surrounding urea N'110`11 1 14 20061 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be completed by Planning Staff ling Amendment Number Hearing Date Fee. Amount Paid $ A);/ Date Received BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. _ Telephone: 540-667-2001 Address: 1073 Redbud Road _ Winchester. Virginia 22603 2. Property Owner (if different than above) Name: Civil War Preservation Trust Telephone: 703-346-1615 Contact: Steve Wyngarden Address: 1331 H Street NW Suite 1001 Stewardship Coordinator Washington, DC 2005 3. Contact person if other than above Name: Gary R. Oates, LS -B, PE Telephone: 540-667-2001 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 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: Civil War Preservation Trust is the owner. The Virginia Outdoors Foundation has a conservation easement on these parcels 6. A) Current Use of the Property: Agricultural and Public Trails B) Proposed Use of the Property: Same 7. Adjoining Property: PARCEL ID NUMBER 54 -(A) -89C 54-(A)-157, 159, 159A 54 -(A) -99F 55-(A)-3, 4, 5, 21 55-(A)-22 55E-(1)-30 thru 43 & 72C 55-(A)-27 USE Agriculture Residential Vacant Agriculture School Residential Mobile Home Park RA RA B-2 RA RA RP MH -11 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): From Route 11 at 1-81 exit 317 take Route 661 (Redbud Road) for 0.7 miles to the commercial entrance for the Civil War Preservation Trust Park next to the Hackwood Farm. 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 54-(A)-88 and 54-(A)-90 Magisterial: Stonewall Fire Service: Clearbrook Rescue Service: Clearbrook Districts High School: James Wood Middle School: James Wood Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 181.03 RP RA 41.00 RP RA 222.03 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: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: 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): 4, /C Owner(s): !'f 14 Date: /0 C-0� Date: Date: h G' Date: Special Limited Power of Attorney County of Frederick, Virginia Planodog office, Cousty of Frederick, Virginia, lel North Kent Street, Winchester, Viwgini2 22601 Phone 548-665-5651 Faesimi c 54"5-4395 Know All Men By These Presents: That i (We) (Nam,) Civil War Preservation Trust (Phone) (703) 346-1615 (Address) 1331 H Street NW, Suite 1001 Washington, DC, 20005 the owncr(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. DB 849, PG 173 , and is described as Parcel: 54 Lot: A Block_ Section: Subdivision: 88 & 90 do hereby make, constitute and appoint: (Name) GreyWolfe, Inc - Gary R. Oates, LS -B, PE (phone) 667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603-4757 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: N Reumiog (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary mW Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to prmously approved proffered conditions except as follows: There are no proffers offered with this down zoning. This authorization shall expire one year from the day it is signed. or tmtil it is otherwise rescinded or modified_ In witness thereofj-ww) have hercto,sa myjotrr) haf{d and seal this -Y-,Oay of 6,VC 66r 200 (c, , // t( T -wit: 4 -, a Notary Public m and for the jurisdiction aforesaid, certify that the perso(s) who signed to the foregoing instrument and who is (are) known to me, persona ly appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2� flay My Commission Expires: Adjoining Property Owners Rezoning v'v`v iierS of prvpe y� adjoining the :and :.ai1.11---- netifieul -the Ula."u..ng Commission and the Board .^,f Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number F Address Name Shehandoah Valley Battlefields PO Box 897 New Market, VA 22844 Property # 54 -(A) -89C Name Ruth B. McBride 506 Redbud Road Winchester, VA 22603 Property # 54-(A)-157 Name R & J Land Development, LLC 1631 Redbud Road Winchester, VA 22603 Property # 54-(A)-159 Name Janice Marie Kirby 541 Redbud Road Winchester, VA 22603 Property # 54 -(A) -159A Name Charles W. Huntsberry Estate PO Box 2298 Winchester, VA 22604 Property # 55-(A)-3 & 4 Name Kevin L. Herring 962 Redbud Road Winchester, VA 22603 Property # 55-(A)-5 Name Wayne D. & Stephanie P. Seipel 271 Morgan Mill Road Winchester, VA 22603 Property # 55-(A)_21 Name y Frederick Count School Board 1415 Amherst Street Winchester, VA 22601 Property # 55-(A)-22 Name Development Company of America PO Box 520 Westminster, MD 21158 Property # 54 -(A) -99F 15 Name and Property Identification Number Address Name Hidden Valley SPE, LLC 150 North Wacker Drive STE Chicago, IL 60606 Property # 55-(A)-27 Name Regency Heiqhts Property 8700 Ashwood Drive Capitol Heights, MD' 20743 Property # 55E-(l)-72C Name104 Marie L. Flanagan Winnepeg Place Winchester, VA 22603 Property # 55E-(l)-30 Name Dorothy M. Mizerak 102 Winnepeg Place Winchester, VA 22603 Property# 55E-(1)-31 Name Troy R. &Rani M. Hammond 203 Lake Sever Drive Winchester, VA 22603 Property It 55E-(1)-33 Name205 Robert M. Scott Lake Sever Drive Winchester, VA 22603 Property # 55E-(1)-34 Name Tammy A. Rinard 207 Lake Sever Drive Winchester, VA 22603 Property# 55E-(1)-35 Name209 Victoria L. Sine Lake Sever Drive Winchester, VA 22603 Property # 55E-(1)-36 Name211 Sherry L. Bohnenkamp Lake Sever Drive Winchester, VA 22603 Property # 55E-(1)-37 Name213 Charles H. Whirley Lake Sever Drive Winchester, VA 22603 Property # 55E-(1)-38 Name215 Thomas N. Martin Lake Sever Drive Winchester, VA 22603 Property # 55E-(1)-39 Name103 Robert A. &Sandra A. Dennis Great Pond Way Winchester, VA 22603 Property # 55E-(1)-41 Name105 Michael E. &Michelle D. Shannon Great Pond Way Winchester, VA 22603 Property # 55E-(1)-42 Namey Ra mond H. Morton, Jr 106 Great Pond Way Winchester, VA 22603 Property 55E-(1)-43 16 0000 11846J, r Document Prepared by:C Tax Parcel No. C McGuiremods LLP 1750 Tysons Blvd. Ste. 1800 DEED OF EASEMENT 54-A-88 ( C McLean, VA 22102-4215 54-A-90 0 (118181.. 03322 ac.)� Exempted from recordation tax under the Code of Virginia (1950), as amended, Section 58.1-811 (a)(3), 58.1-811 (D) and 10.1-1803 THIS DEED OF EASEMENT is made this 1A day of -�,oB[fAUC 2000, between the CIVIL WAR PRESERVATION TRUST, a Virgin non -stock corporation, herein called the Grantor, and the VIRGINIA OUTDOORS FOUNDATION, an Agency of the COMMONWEALTH OF VIRGRJIA, herein called the Grantee, whose address is 203 Governor Street, Suite 317, Richmond, Virginia 23219. WHEREAS, the Open Space Land Act of 1966 (Chapter 17, Title 10. 1, §§10.1- 1700 to 10.1-1705 of the Code of Virginia, as amended) declares that the preservation of open -space land, including land preserved for historic or scenic purposes, serves a public purpose by promoting the health and welfare of the citizens of the Commonwealth by curbing urban sprawl and encouraging more desirable and economical development of natural resources, and authorizes the use of easements in gross to maintain the character of open -space land; and WHEREAS, Chapter 18, Title 10.1 of the Code of Virginia (§§ 10.1-1800 to 10.1- 1804, as amended) declares it to be the public policy of the Commonwealth to encourage preservation of open -space land and authorizes the Virginia Outdoors Foundation to hold real property or anyestate or interest therein for the purpose of preserving the natural, scenic, historical, scientific, open -space and recreational lands of the Commonwealth; and WHEREAS, the 1999 Frederick County Comprehensive Plan sets forth a goal "to promote the preservation and protection of Civil War Battlefield resources" and identifies the Third Winchester Battlefield as a key site in the County's Battlefield Action Plan, and further identifies conservation easements as an implementation method for protecting historic resources; and WHEREAS, the Grantor is the owner of the fee simple interest of real property, hereinafter described and known as Third Winchester (Opequon) Battlefield, which includes a Civil War battlefield that is of historic and archaeological significance as briefly described below: Historic Significance Campaign: Sheridan's Valley Campaign Principal Commanders: /c/ Lt. Gen. Jubal Early; /u/ Maj. Gen. Philip. Sheridan Forces Engaged: /c/ about 15,200; /u/ about 3 9,23 6 Casualties: /c/ 3,611 (226k1 1,567w/'1,818 m&c); /u/5,018 (697k/ 3,983w/ 33.8m). C:) 0 The Third Battle of Winchester on September. 19, 1864, was the largest and most o desperately contested battle of the Civil War in the Shenandoah Valley, resulting in more co than 9,000 casualties. The battle was a turning point of the war in the Valley, marking the rise of -Sheridan and the decline of Confederate power. Although Sheridan gained the victory, Early and enough of his command escaped to -continue posing a threat to Washington, D.C. Winchester, however, remained in Federal hands for the rest of the war. Most of the core of the battlefield is intact. WHEREAS, some 222.032 acres of Third Winchester Battlefield were acquired by the Association for the Preservation of Civil War Sites, Inc. ("APCWS"), a non -stock Virginia Corporation, for the purpose of preserving it as a Civil War battlefield and as an historic, scenic, and open -space resource for the benefit of the public; and WHEREAS, APCWS and The Civil War Trust; a non-profit District of Columbia corporation, were merged in 1999 under the name of the Civil War Preservation Trust as the surviving Virginia non -stock corporation; and WHEREAS, the United States Congress and the National Park Service's American Battlefield Protection Program have designated funds for the preservation and protection of Third Winchester Battlefield; and have conditioned award of these funds on the Grantor's donation of a perpetual easement to preserve Third Winchester Battlefield as a Civil War battlefield and historic, educational, open -space, and recreational resource, and for the benefit of the visiting public; NOW THEREFORE, in recognition of the foregoing and in consideration of the mutual covenants herein and the acceptance by Grantee, the Grantor does hereby grant and convey to the Grantee an open -space easement in gross over, and the right in perpetuity to restrict the use of, the real estate referred to below and located in Stonewall Magisterial District, Frederick County, Virginia on the east side of Interstate Route 81 and along the south side of Virginia 661, hereinafter referred to as the "Property," and more particularly described on Schedule A attached. The herein -described two tracts or parcels are shown as Frederick County Tax Map 54-A-8 8 (41.0 acres) and Tax Map 54- A-90 (181.032 acres), among the land records of Frederick County and totalling some 222.032 acres in the aggregate. The Property shall be considered one parcel for the purposes of this Easement and the restrictions and covenants of the Easement shall apply to the property as a whole rather than to the individual parcels. AND SUBJECT, HOWEVER, to the restriction that the Grantee or its successors and assigns may -not transfer or convey the open -space Easement herein conveyed to the Grantee unless the Grantee conditions such transfer or conveyance on the requirement that (1) all restrictions and conservation purposes set forth in the conveyance accomplished by this deed are to be continued in perpetuity, and (2) the transferee is an organization then qualifying as an eligible donee as defined by section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder. -2- IF This conveyance is further made subject to all matters of record, which may affect the Property. Pursuant to the Land and Water Conservation Fund (herein called the L&WCF) Act of 1965 (16 USC 460L-8(0(2)), the Governor has appointed the Director of the Department of Conservation and Recreation (hereinafter the Director of DCR) as the State Liaison Officer (hereinafter the SLO) to represent and act for the state in dealing with the Director of the National Park Service regarding the L&WCF Program. The Director of DCR as the SLO is responsible for periodic onsite inspections; for receiving notice of any pending changes in usage of the Property that may result in a conversion to other than outdoor recreation uses; for the initial decision pursuant to Section 6(0(3) of the L&WCF Act (also 16 USC 460L -8(f)(3) and 36 CFR 59.3) that the above-described Property shall not be converted; and, for recommending a conversion decision and any related mitigation solution to the United States Secretary of the Interior (hereinafter -the Secretary). The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as'he deems necessary to assure the substitution of other recreation propeities of at least equal fair market value and of reasonably equivalent usefulness and location. Restrictions are hereby imposed on uses of the Property pursuant to the public policies set forth above. The acts which the Grantor and its successors, personal representatives and assigns covenant to do and not to do upon the Property, and the restrictions which the Grantee is hereby entitled to enforce, are and shall be as follows: Accumulation of trash or refuse is not permitted on the Property. 2. No billboards (i.e. signs for whose display compensation is paid) are permitted on the Property. No sign on the Property shall be larger than nine square feet in size, except such as may by permitted under Paragraph 7 herein for purposes of interpreting the Property as a Civil War battlefield, or required pursuant to the federal grant described above. Signs exceeding nine square feet in size must have written approval by the Grantee. 3. Division of the Property in any manner is prohibited. 4. Management of forest resources shall be in accord with a forest stewardship plan approved by the Grantee. All forestry activities shall be carried out so as to preserve the environmental and scenic quality of the area. Best Management Practices, as defined by the Department of Forestry, shall be used to control erosion and protect water quality. The Grantor, or its successors or assigns, shall notify the Grantee no later than 30 days prior to the start of any material forest activity as well as within 7 days of its completion. The primary goals of the forest stewardship plan shall include the restoration and maintenance of the historic tree cover related to the battlefield. -3- 0 0 J 5. Grading, blasting or earth removal shall not materially alter the topography of the Property except as required in construction of permitted buildings, structures or amenities connecting private roads, and utilities described in paragraph 7 below. Mining on the Property is prohibited. n. Archaeologicaily significant deposits, sites, or features on the Property shall not be intentionally disturbed or excavated except by or under the supervision of a professionally qualified archaeologist and provided plans for such archaeological activity have been submitted to, and approved by the Virginia Board of Historic Resources or its successor organization prior to any ground -disturbing activities. Artifacts and objects of antiquity professionally excavated from archaeological deposits, sites, or features on the Easement Property shall be treated and preserved according to the Department of Historic Resources State Curation Standards (March 24, 1998). The Grantor shall take all reasonable precautions to protect archaeological deposits, sites, or features on the Easement Property from looting, vandalism, erosion, mutilation, or destruction from any cause. 7. No building, structure, or amenity shall be built or maintained on the Property other than (i) buildings or structures existing on the Property as of the date of this Easement; (ii) buildings, structures, and amenities such as a visitor, center, parking facilities, footpaths, roads and utilities that serve permitted buildings or structures, and signage appropriate for the preservation, maintenance, exhibition, and interpretation of the Property as a Civil War battlefield, and (iii) reconstructions, at their former sites, of historic buildings or structures which are documented through professional historical or archaeological_ investigation to have been located on the Property. No new building, structure, or amenity shall be constructed on the Property without the prior written approval of the Grantee, provided, however, that the Grantee shall not issue such approval without the concurrence of the Virginia Board of Historic Resources or its successor organization. 8. No house or structure shall be demolished or removed from the Property, nor shall they be altered, restored, renovated, or extended except in a way that would be in keeping with the historic and scenic character of the Property, and provided that the prior written approval of the Grantee shall have been obtained. The Grantee shall not issue such approval without the concurrence of the Virginia Board of Historic Resources or its successor organization. 9. Development of the Property shall be limited to preservation and interpretation of the historic battlefield and accommodation of the public through visitor facilities and other amenities permitted under Paragraph 7. It is the intent of the parties hereto that the Property shall be used as a historic, educational, open -space, and recreational resource for the benefit of the public. 10. Representatives of the Grantee may enter the Property from time to time for the purpose of inspection and enforcement of the terms of this Easement after permission from or reasonable notice to the owner or the owner's representative. . 4- O O 11. Grantor, or its successors, personal representatives or assigns shall notify Grantee in writing within 60 days of any transfer or sale of the Property. In any deed conveying all or any part of the Property, this -Easement shall be referenced by Deed Book and Page Number in the deed of conveyance. 12. Grantor hereby grants to the Grantee the right to enforce the conservation restrictions contained herein pursuant to applicable. state law but specifically including the right to require restoration of the Property to its present condition. 13. The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000 (d)), the Americans with Disabilities Act (42 USC 12204), and with Section 504 of the Rehabilitation Act of 1973 (29 USC 794). These laws prohibit discrimination on the basis of race, religion, national origin, or disability. In implementing public assess, reasonable accommodation to qualified disabled persons shall be made in consultation with the. Commission. It is understood and agreed by the parties hereto that if any part, term, or provision of this agreement is held to be illegal by the courts, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. Acceptance of this conveyance by the Grantee is authorized by Section 10.1-1801 -of the Code of Virginia and is evidenced by the signature of its Executive Director hereto. Assignment of this Easement is governed by Section 10.1-1801 of the Code of Virginia. The Director of the Virginia Department of Conservation and Recreation has consented to this Deed of Easement and hereby acknowledges that the terms and conditions set forth are consistent with the Department of Conservation and Recreation's statutory powers and duties pursuant to Title 10.2, Subtitle I of the Code of Virginia, and with the Director's responsibilities as the State Liaison Officer under the Land and Water Conservation Fund Act of 1965 (16 USC 460L -8(f)(2)). The Virginia Board of Historic Resources has consented to this Deed of Easement and hereby acknowledges that the terms and conditions set forth herein are consistent with its statutory powers and duties under Chapter 22, Title 10.1 of the Code of Virginia. WITNESS the following signatures and seals: CIVIL WAR PRESERVATION TRUST, Grantor By ' A__ (SEAL) es Lde 5 Accepted: VIRGINIA OUTDOORS FOUNDATION B AL) Tamara A Vance, Executive Director VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION By --(-(SEAL) David C. Brickle Director, Virginia Department of Conservation and Recreation Date: VIRGINIA BOARD OF HISTORIC RESOURCES By(SEAL) Alexander Wise, Jr. irector, Department of Historic Resources Date: o�v Q C3 N v COMMONWEALTQ LIMA ) w to wit CITY/COUNTY O I, a Notary Public for the Commonwealth aforesaid, hereby certi " t Coames Lighthizer, President of the Civil War - Preservation Trust, Grantor, personally appeared before me this day and acknowledged, , the foregoing instrument.. WITNESS my hand -and official seal this / day of • 'ppb! A c/ � : `% &A— Notdy Public _ "'•.,,; My Commission expires: L Y COMMONWEALTH OF VIRGINIA to wit CITY/C-OUN- "OF Blaz lGsh - ) I, AM 41 4?isf -o M , a Notary Public for the Commonwealth aforesaid, hereby certify that Tamara A. Vance, Executive Director of the Virginia Outdoors Foundation, personally appeared before me this day and acknowledged the foregoing instrument. ,.177711pyf,„,I WITNESS my hand and official seal this day of Oadc•--• '�►°�`' Notary Public 4,11 My Commission expires: •3106r?eP3 At ttiYSl5”s29v45fit;ivi[ War rreservaiionTrusitTnirdwincuester\DEEDO EASEMENT -FINAL -"a-24-OO.doc -7- SCHEDULE A PROPERTY DESCRIPTION C3 File : ro:: ST95908916 . Policy Na.: SV 2188134 C The land referred to in this policy is described as follows: PARCEL ONE: -ALL of that certain tract or p=el of land located about one ms7e; north of Winchester, on the east side of Interrstate F 81, andsituated in Stonewall Magisterial District, Frederick County, Virginia. containing .11.00 acres. more -or less being more particularly described on the plat and survey of Richard U. Goode. C.L.S.. dated February 8, 1963, of re in the Clerk's Office of the Circuit Court of Frederick County, Va. in Deed Book 236 at page 32. PARCEL TWO: ALL of that certain tract or parcel of land lying and being situated along the south side of Virginia Route 661, in Ston Magisterial District, Frederick County, Virginia, containing 181.032 acres, more or less. together with a 60 appurtenant right of way for ingress and egress: and being the same land conveyed_to Top of Virg aia.Develop Corporation. Inc. by deed dated duly 11, 1949 from Redbud Associates, of record in the aforesaid Clerk's Office in Book 720 at page 179 et seq„ such parcel being further described on Haat certain plat dated October 25, 1995, en "Boundary Survey of the land of Top of Virginia Development Corporation, Deed Book 730. page 179, Ston Magisterial District, Frederick County, Virg nia,", which plat is attached hereto as Exhibit A. - BOTH PARCELS ONE AND TWO BEIING the same real estate conveyed to Association. for the Preservation of War Sites. Inc, a Virginia corporation, by Deed of Assumption from Top of Virginia Development Corporation, I Virginia corporation, dated November .l 1995, recorded November 16, 1995, in the Clerk's Office, Circr* Frederick County, Virg aia, in Deed Book 849, page 173. VIRGINIA: FREDERICK COUNTY, SCT.. instrument of writing was produced tome on at and with certificate of acimowledgenent thereto annexed was `admitted to record. Tax imposed by Sec- 58.1-802 of and 58.1-801 have been paid, if assessable Clerk ALTA Schedule A U U r oc, pOSIM SPEED LW- 13 - Ilk Waft Togr Winchester, VA 22603 Parcel to #-'43 A 157 lineage-1,70 I C3 p Zoning l: Use: Residential —2 Ef) 0 Parcel Information: Owner. H=ntsberry, Charles William P.O- S- 2298 Winchester, VA 22604Ef] Parcel to M 55 A 3 4�_2Iz> Acreage: 124.0 Zoning: RA Use: Agricultural JIP 3J \j K , f Ica rMp Parcel Informatim: Par I I ow.n.�, =ng, l(twin L. Owner. Seipel, WaynE d Road Stephanie P. Trustee Winchester, VA 22603 271 Morgan Mill Road P.—I ID #.55 A 5 Winchester. VA 22603 Acreage. 33.43 ---------- Parcel to #: 55 A 21 .........4. Zoning: RA Acreage: 58.5 Parcel Inform.Cm: Owner. Huntsberry. ch�ries Wit Use. Agriculturalonm Zz 2?98 Winchoe.-teB4O'VA A _ a ,. Use. Agricultural —A >22604 Parcel ID #. �5 A 4 40 Acreage: 123.00 Zoning:T�A t `sem Agn Parc Information: Use ftral = Owner. heran6oah Valley r 0 Ballet elds Foundation 0 Boz 897 W ri W % ark�WA?2844 C Par 110 -4 g Parcel Info I sage'# =_04 —I Urim Vida (D f 100 Owner. CountySchool": aid Zoe :RA Lij of Frederick g lV 1141r the VI U I 1415A.hemtSt. ink Winchester, VA 22601 7hitilklin A sp j 111_�@ Tram Parcel 1D 111: 55 A 22 Mal Acreage: 128-48 Pincal Information: XtA.socllfil 11, the Zoning: RA aQ Mill P Use: Institutional ionf(CMI, 7—A War Sites Mw Seltond Woods At V11 305 Charlotte St. Fredericksburg, VA 22401 Parcel to It: 54 A 88 Slgn J @ , Acqe:IR81.03 . . . . . . . . . . =FIO@ —Zoning: 0 Use: Agricultural �VV V Af1�3 Parcel Information: Owner Association for it.. 1 Q> 4z) 0 4c3 Presewatlog-atQvil War Sites 5 Chad, 12 ON Q 'teS' .VA,22401 PairceIlD#:54A9l), ©iiZrfM7 CA Acreage., 41 1 # a # 0 Zoning: Q3 L:] Par- 0 0 E141-143 IO: 4o�_o��°d�so � p `°�''G�`�Q�'C°1� fi \\ \ \ "e, °_ _ ';C, cultural Use: Agri merIC LLG BRUq % C:) Homet`aiy 7� L,'P2 AS a,,' ker '50 Ste 242L 1___3 i </ Parcel Information: ny P I A 27 Owner. Regency Heights Pmpl ong 8700 Ashwood Dr. ji-� 1.7 Capitol Heights, MD 2074:3 F Parcel to #-. 55E 1 72C e� o'IF— r \ 01 Ue I I CD N Zoning, RP 16z; x• a \ •�.,.- 1� �\ �� 300 130 0 300 aw 9W Use: Single Family Residential tj U QoQ�� ° ��aticQ aQa \� ''` ' '' > L/, SCALE N FEEr ij It, Q AA A DOCUMENTNO. ANDERSON &ASSOCIATES, INC. DATE 16 FEB 05 REVISIONS: Grading Plan 22397-001 Professional Design Services DESIGNED: BBB 15 MAR 05 Third Winchester Battlefield Interpretive Trail Plan SHEET 10 DRAWN : BBB 31 MAR 05 www.andassoc.com 100 Ardmom St I Winchester, Virginia Overall Trail Layout & Segment Key 2 OF Blacksburg, Va. 24060 CHECKED: C 8 APR 05 kE Virginia -North Carolina -Tennessee .540-552-5592 QA/QC : J MI)MS Printed On 11442006 By GREYWOLFE INC CURVE TAKE L CURVF RAD1U5 LENGTH TANGENT CHORD BEARING DELTA D Roger L arllrke� t y CI 81717 Q5 ib0.56 80.54 16— S 85'19 09 £ ! 1'15 JJ Da 515 r 621 (Y A oxa4�r-co 118 aF / IRS T ti�1�4; sus � & dLrA � Od 64) ejaofae 'tl / rr Wvb0e�epeaelcwp.dkaPai au0e 720 P 1PF '47' WeYRenf N tri N O LA U m—F _ 50_Shen. Cas_ 08 234—P 413 vy� 13 I � OI ]O N U b zN 1876'0)" E set slme Sal slap. �'� I 811.04' v 11 shcy Rar4y I TAB 191.0321 ACRES 0e Tse P esa a TM 64-A-08 set sloes i 20' FC5A Waler Line Esm't Sat 3tmo 1659WF S 38 1,5 5 .. Sol sap+. ' o-, o wore a selpy o7erY �A m P 09197 P 1a5 LEGEND• IPF Iran Pipe Found IRS Iron Rad Set IRF Iran Rod Found NOTES: 1. No title report lurnish_d. 2. Easements other Choi shown may exist. 3. The information shown li aon Is bossd on an actual field survey completed June 1989 and recertified correct this date. LINE F bamiON DISTANCE LI N 7652 37 E 28000' L2 N IJ2723 IY —T S10.J9 t3 0H656' W 165.J4 L4 5 6179 I8 E 514.J9 L5 S 78W'; -8E 528.00 L6 N 655227E099 0 L7I-0-042C5 E 167.4) 18N 65'46 O8 W 815.16' L9 N 89 UJ 04 E 32.63' VIRGINIt FRF_OEPJCK OGUNTY, OCT. •9'hi Inldrumoat o,(t(( wItl1.y Was AgqAloduo0d to m9/y/� day olf�.. 741e:I and vEth crr!Nlce a of sal uoalaCDmonl lh;.r,;1u unnoxl d , 'j" adralhed 1.1 racord. Tex pnpomd Gy 9nc. tl;.l 602 at 1 Aw 9& 1-801 have Eeae paid, I aaeoeeabla. Boundary Surny of the Land of r A Ton or VIRGdM,11 D 1 , LOPMENT CORPORAITON Deed Book 720 nage 179 Stonewall Maosterlal District Frederick Coluity, VlrgUa ILAC Z CERi1FICATE N WE: OCTOBER 25, 1995 Scale. i"=Doo' 3 PIAT �; I •��z5/9S MARSH & LEGGE Disk - 41 LAND f Land Surveyors, P.L.C. }� SURVEYOR139NarlhComemaSlrert Wfncheger.IFUJI le 22601 r7>rr 1140J667 -M Far:(1IOJ6674H6 • • C COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Bernard Suchicital, Planner I (tP RE: Revisions to Frederick County's Agricultural & Forestal Districts DATE: December 4, 2006 Staff has received 25 requests from the community to make additions and withdrawals from the County's three Agricultural & Forestal Districts. The South Frederick District currently comprises 6,205.29 acres; the County has received requests to add 123.05 acres, and remove 450.33 acres to this District. The Double Church District currently comprises 760.16 acres; the County has received requests to add another 274.16 acres to this District. The Red Bud District currently comprises 834.98 acres; the County has received requests to add another 68.59 acres to this District. According to Chapter 43, Section 15.2-4300 of the Code of Virginia, any addition or withdrawal request must first be reviewed by the Agricultural District Advisory Committee (ADAC). The ADAC considered these proposals at their November 30, 2006 meeting. Their recommendations are included within this packet. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the Agricultural & Forestal District proposals. Included with this memorandum is information pertaining to the Districts which include a district summary with property ownership information table, and maps which delineate the general boundaries of the proposed revisions. Staff requests a formal recommendation from the Planning Commission which will be forwarded to the Board of Supervisors for their consideration. BSS/bad 107 North rent Street, Suite 202 • Winchester, Virginia 22601-5000 ITEM #1 Proposed Update of the 2005-2010 South Frederick Agricultural & Forestal District The South Frederick Agricultural & Forestal District was renewed in May of 2005 for a five (5) year period; the new expiration date will be May 2010. The District currently comprises 123 parcels; 6,205.29 acres, among 56 property owners. Since that time, three (3) parcels (123.05 acres) have been submitted to be added to the District, and four (4) parcels (450.33 acres) applied to be removed from this District. According to Chapter 43, Section 15.2-4300 of the Code of Virginia, any addition or withdrawal request must first be reviewed by the Agricultural District Advisory Committee. The ADAC will then submit a recommendation to be presented at a public hearing before the Planning Commission. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the Agricultural & Forestal District proposal. During the renewal process in 2005, the following four (4) parcels had asked to be removed from the South Frederick Agricultural District, but were incorrectly left in. These parcels are tax map numbers 73-A-31, 73-A-101, 84-A-29, and 84-A-50, totaling to 450.33 acres. LOCATION AND SIZE: This proposal is to add three parcels (tax map numbers: 62-A-34, 74-A-1OA, and 74-A-1OF) to the South Frederick Agricultural & Forestal District. The proposed additions will total 123.05 acres, and managed by (two) 2 property owners. This will bring the total amount of acreage within the District to 5,878.64 acres. AGRICULTURAL, AND ]FORESTAL SIGNIFICANCE: The predominantly agricultural operations within the proposed additions are livestock, hay and crop harvesting. These parcels are rural in nature. LAND USE: All parcels proposed for inclusion are in agricultural use. All parcels surrounding the proposed additions are agricultural or residential use. COMPREHENSIVE PLAN: The proposed additions to the District lie outside the Urban Development Area (UDA) and Sewer Water Service Area (SWSA). The parcels have no land use designation, which indicates the area should remain rural. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy, and to maintain the rural character of areas outside of the UDA. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural & Forestal Districts. The Comprehensive Plan supports the proposed addition to the South Frederick District, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land until May 2010. ZONING: Ail three parcels seeking inclusion into the South Frederick Agricul�aral & Forestal istrict are currently zoned RA — Rural Areas Zoning District. The properties surrounding the proposed additions are also zoned RA. LAKES/PONDS/S T REAMS: The proposed additions lie within the Opequon Creek and Stephens Run drainage area. The inclusion of these parcels will further assist with managing the quality of the County's water resources. PRIME AGWCULTURE SOIL,: There are abundant prime agricultural soils located within the vicinity of the South Frederick District. The proposed additions contain Frederick-Poplimento loams, at 2 to 7% slopes. These soils are very deep, gently sloping, and well drained on narrow to broad, convex valley sides. Permeability is moderate in the Frederick soil and moderately slow in the Poplimento soil. The available water capacity is moderate in both soils. Surface runoff is medium. The erosion' hazard is moderate. The surface layer is friable and easily tilled. Natural fertility is medium, and organic matter content is low. These soils are well suited to cultivated crops, hay and pasture. STAFF COMMENT'S: Biased on the above information, staff feels that these proposed additions to the South Frederick Agricultural & Forestal District are agriculturally significant as outlined in the Agricultural & Forestal District Act. Furthermore, the addition to this District would conform to the County's Comprehensive Policy Plan. If the Agricultural District is revised as described above, the new South Frederick Agricultural & Forestal District would total 5,878.64 acres, include 122 parcels, and 57 property owners. AGRICULTURE DISTRICT ADVISORY COMMITTEE: The ADAC considered this proposal at its meeting of November 30, 2006. Committee members voted unanimously for the recommendation of the listed additions and deletions of parcels to the South Frederick Agricultural & Forestal District. PLANNING COMMISSION: Staff requests a formal recommendation from the planning Commission which will be forwarded to the Board of Supervisors for their consideration. IF-South Frederick Agricultural & Forestal District Current 2005 - 2010 PIN Owner Info o,re g- 51-A-42 James & Laura Merriner 24.50 51 -A-42A James 8 Laura Merriner 90.82 51-A-4213 James & Laura Merriner r 6.01 52-A-300 DTS LC 305.43 7A73B Robert L Fawcett 18.87 60-A-75 Triple S Associates 39.03 61-A-7 R Roland Snapp c/o Joe Snapp 109.51 61-A-8 R Roland Snapp c/o Joe Snapp 5.00 71 -A-8A R Roland Snapp c/o Joe Snapp 5.00 61-A-9 R Roland Snapp c/o Joe Snapp 97.00 61-A-21 L 34.00 1-6A-22!,BHS Vernon C & Eula H Wright 87.48 61-A-23 --�JBHS BHS LC 154.75 61 -A-23A LC 1.00 61-A-24 BHS LC 20.16 61-A-25 BHS LC 5.50 61-A-26 BHS LC 4.50 61-A-27 BHS LC 4.00 61-A-29 BHS LC~� 1.25 61-A-30 Woodbine Farms Inc 44.00 61-A-31 Linda K Nelson_ 52.32 61-A-34 Woodbine Farms Inc 14.00 61-A-37 Woodbine Farms Inc 11.60 61-A-40 R Roland Snapp c/o Joe Snapp 28.00 61-A-41 R Roland Snapp c/o Joe Snapp 42.00 61-A-43 R Wayne Snapp Etals c/u Joe Snapp 7.50 61 -A-43AR Wayne Snapp Etals c/o Joe Snapp 37.50 61-A-431 R Wayne Snapp Etals c/o Joe Snapp 10.00 61-A-43E Robert J & Carol J Melby 1.00 61-A-44 R Roland Snapp c/o Joe Snapp 2.00 61-A-45 Thomas L Fawcett 35.99 61-A-96 M & M LP, LLP 107.95 61-A-106 M & M LP, LLP 42.00 61-A-107 M & M LP, LLP:ten 19.00 61-A-116 M & M LP, LLP 44.76 61-A-117 M & M LP, LLP 29.00 61-A-118 M & M LP, LLP 77.50 61-A-119 M & M LP, LLP 16.00 61-A-120 M & M LP, LLP 9.92 61-A-126 M & M LP, LLP 11.00 61-A-127 M & M LP, LLP s 100.00 61-A-127A M & M LP, LLP 68.45 61-A-128 Woodbine Farms Inc 137.50 61-A-129 lWoodbine Farms Inc:_�_.� 48.00 PIN Owner Info Acreage 61-A-130 Woodbine Farms Inc 30.00 Est-A-1ii" � Woodbine Farms Inc 7.75 62E-1-2 ��. James T Vickers 6.14 62E-1-3-14 James J & Patricia R Gosa 5.41 62E-1-5 James T Vickers 5.11 62E-1-5-23 James R & Marcia E Engelage 5.00 62E-1-6-25 Nicholas J & Kathleen B Nerangis _5.01 62E-1-6-26 Nicholas J & Kathleen B Nerangis 10.00 �}i 62E-1-6-27 �u Nicholas J & Kathleen B Nerangis 62-A-21 Bruce R Jr & Kellie J Davidson 5.10 u 9.15 62 -A -21A James C & Suesan E Humphreys 5.00 62-4-22 �i Robert B & Mary Sue Groundwater 10.54 62-A-27 Marjorie H_ Copenhaver - Trustee 1.00 62-A-28 Marjorie H Copenhaver - Trustee 76.37 62-A-5iT ;Melco Inc 36.97 72 -A -29L Jeffery T Stout �4 72-A-45 ��Dogwood Knoll LLC 15.85 5.25 72-A-53 'Albert A & Sylvia McDonald 197.00 72-A-588 Michael H Baughman 168.50 72-A-59 Michael H Baughman 20.00 72-A-82 Constance M Meagher 12.00 72-A-837 Constance M Meagher Q-� _ 0.50 73-A_-3 VPI & State University 119.78 73-A-4 fy Dogwood Knoll LLC 50.00 73-A-10 BHS LC 190.80 73 -A -10A BHS LC 5.00 73-A-13 Alfred L Snapp & Son Inc : 84.69 73-A-16 KSS LC 134.21 73-A-17 KSS LC 160.00 73-A-18 Charles C Bauserman 135.93 73-A-20 _ Charles C Bauserman 234.43 73-A-21 Woodbine Farms Inc 271.00 73-A-27 L Vernon Ridings Residual Trust 4.00 73-A-28 L Vernon Ridings Residual Trust 4.00 73-A-29 Ruby Ridings 46.57 73-A-30 r Dudley H Rinker 4.83 73 -A -30A Kenton L & Kathy C Noffke 1.71 7c -A-3013 Shirley K Anderson 5.95 73 -A -30E Dudley H Rinker 1.01 w 73 -A -30H Joseph J & Phyllis S Swack 6.15 73-A-301 Dudley H Rinker 6.43 73-A-31 Woodbine Farms Inc 83.62 73-A-38 Mark A & Roxanna M Orndorff 3.57 73--A-39 David H Carbaugh 11.90 7, A-63 _ BHS LC 2-10.17 73 -A -64A Holly B & Samuel C Jr_Dill ender 2.32 73-A-66 Woodbine Farms Inc 280.01 73-A-67 Woodbine Farms Inc 23.00 PIN lowner Info Acreage 73-A-94 L Vernon Ridings Residual Trust 12.35 73 -A -90B Daniel W & Sandra K Anderson 7.92 73-A-100 Paul G Jr & Mary Edna Anderson 100.00 73-A-101 Stanley L Bauserman 63.25 73-A-103 James Q Jr & Jo Ellen Huey 24.40 73-A-104 Winchester Warehousing Inc 103.85 73-12-11 Charles R & Vicky O Murphy 2.86 73-12-13 John I & Mildred S Simpson 4.91 73-12-16 John I & Mildred S_Simpson_ 59.88 73-12-23 David D & Patricia E Hlavinka 2.98 73-12-26 A Reneou Jr & Pamela Vanlandingham 2.29 74-A-12 Glenn & Mary K Barley 9.00 74-A-14 Cheryl W Humphreys 2.00 74 -A -15A Cheryl W Humphreys 3.00 74 -A -15A _ ICheryl W Humphreys 1.23 74 -A -15B Cheryl W Humphreys 32.77 74 -A -18A Winchester Warehousing Inc 80.00 74-A-18 Winchester Warehousing Inc 109.14 74 -A -18B Winchester Warehousing Inc 58.39 83-A-87 Jeffery L & Sharon K Rezin 20.57 83-A-100 Winston D & Elizabeth G Huffman 14.10 84-A-2 Constance M Meagher 66.50 84-A-6 Constance M Meagher 60.00 84-A-29 Woodbine Farms Inc 106.46 84-A-40 Alfred L Snapp & Son Inc 69.30 84 -A -40A Alfred L Jr & Betty V Snapp 46.00 84-A-41 Donald R & Stella M Remiles (Trustees) 6.00 84 -A -42A Wade A & Angela I Ramey 6.00 84-A-44 L Vernon Ridings Residual Trust 51.95 84-A-50 Woodbine Farms Inc 197.00 85-A-1 National Fruit Orchards Inc 122.29 TOTAL 6205.92 1 South Frederick Agricultural & Forestal District 2006 Proposed Deletions PIN jOwner Info Owner Info Acreage 73-A-31 R uth C. Grery go Woodbine Farms Inc 83.62 73-A-101 ..,, Larry & Joyce Ear_hart Stanley L. Bauserman _ 63.25 84-A-29 Larry & Joyce Earhart _ Woodbine Farms Inc 106.46 84-A-50 g� _ Woodbine Farms Inc _ 197.00 _ TOTAL 450.33 South Frederick Agricultural & Forestal District 2006 Proposed Additions PIN jOwner Info Acrea e 62-A-34 R uth C. Grery go 107.791 74 -A -10A ..,, Larry & Joyce Ear_hart 13.80 74 -A -10F Larry & Joyce Earhart _ 1.46 �� TOTALy 123.05 j ; +n4�/ nwna nail RJ, W, Win P. T< B f s 37 ' \ s ti s \<\�� r. eooH»rao 11 37 37- .\ '� Frederick County, VA Current South Frederick Agricultural & Forestal District Location in the County Map Features - Urban Development Area SWSA South Frederick District �f nc e O ty Location in Surrounding Area 0 1,25f1,500 5,00 C -yam �®�eet w I No \\, b c v ,Chapel Lr, `mac ti < !/ 17N� 6,�G ir'ntstead . o co \ Sr A \ r cot it I rte' Winchester, V ' L ❑- 37 w r of � 1 �s _ a d = } yv/L0 1 Lh rters)i la / et Stephen's Gity VR - k '1d G a � 277', `\ kd Drover Ln hes/llRd '1 Frederick County, VA, - DRAFT Ammendments South Frederick Agricultural & Forestal District Location in the County Additions & Deletions Map Features Urban Development Area SWSA South Frederick District Proposed Parcel Deletions Proposed Parcel Additions PAW m O kation in Surrounding Area 0 1,2511,500 5,OPOet 4 4w 37 ;ter, VA A wrl I Ch., eris -L5feip'h Z 77 77 Frederick County, VA r7r Proposed South Frederick Agricultural & Forestal District Location in the Count, now, Map Features Urban Development Area SWSA Proposed South Frederick District -ocation in Surrounding Area 0 ' """00 5090 � Oel ITEM #2 Proposed Update of the 2005-2010 Double Church Agricultural & Forestal District The Double Church Agricultural & Forestal District was renewed in May of 2005 for a five (5) year period; the new expiration date will be May 2010. The District currently comprises 20 parcels; 760.16 acres, among 14 property owners. Since that time, nine (9) parcels (274.16 acres) have been submitted to be added to the District, including one that was incorrectly removed from the District in 2005. According to Chapter 43, Section 15.2-4300 of the Code of Virginia, any addition or withdrawal request must first be reviewed by the Agricultural District Advisory Committee. The ADAC will then submit a recommendation to be presented at a public hearing before the Planning Commission. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the Agricultural & Forestal District proposal. LOCATION AND SIZE: This proposal is to add nine (9) parcels (tax map numbers: 85 -A -139A, 86-A-25, 86 -A -25A, 86- A-33, 86 -A -35A, 86-A-38, 86-A-71, 86 -A -71B, 92-A-73) to the Double Church Agricultural & Forestal District. The proposed additions total 274.16 acres. This will bring the total amount of acreage within the District to 1,034.32 acres. AGRICULTURAL AND FORESTAL SIGNIFICANCE: The predominantly agricultural operations within the proposed additions are livestock and cultivation of hay. These parcels are rural in nature. LANA USE: All parcels proposed for inclusion are in agricultural use. All parcels surrounding the proposed additions are agricultural or residential use. COMPREHENSIVE PLAN: The proposed additions to the District lie outside the Urban Development Area (UDA) and Sewer Water Service Area (SWSA). The parcels have no land use designation, which indicates the area should remain rural. However, two parcels are located within the vicinity of the proposed Warrior Drive extension, as identified in the County's Eastern Road Plan. They are tax map numbers 86-A-71 and 86 -A -71B, along Double Church Road. Careful thought must be taken into consideration when reviewing these applications. Previous actions by the Board of Supervisors have discouraged inclusion of properties that may conflict with the adopted Comprehensive Policy Plan; the Eastern Road Plan is a component of the Comprehensive Policy Plan. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy, and to maintain the rural character of areas outside of the UDA. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural & Forestal Districts. The Comprehensive Plan supports the proposed addition to the Double Church District, with the exceptions of the above mentioned parcels. The requests will provide an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land until May 2010. ZONING: All eight parcels are currently zoned RA --- Rural Areas Zoning District. The properties surrounding the proposed additions are zoned RA to the east, south, and west, and zoned RP — Residential Performance, to the north. LAKES/PONDYS T REAlMI S: The proposed additions lie within the Stephens Run drainage area. The inclusion of these parcels will further assist with managing the quality of the County's water resources. PRIME AGRICULTURE SOIL: There are abundant prime agricultural soils located within the vicinity of the South Frederick District. The proposed additions contain Blairton silt loan -is, at 2 to 7% slopes. This soil is moderately deep, gently sloping, and moderately well drained to somewhat poorly drained. Permeability is moderate slow. The available water capacity is low. Surface runoff is medium. The erosion hazard is moderate. Tilth is fair, but the soil breaks up into clods if tilled when too wet or too dry. Natural fertility and organic matter content are low. This soil is moderately well suited to cultivated crops if drainage is installed. STAFF COMMENTS: Based on the above information, staff feels that these proposed additions to the Double Church Agricultural & Forestal District are agriculturally significant as outlined in the Agricultural & Forestal District Act. With exception to the two aforementioned parcels in the path of the future Warrior Drive extension, the addition to this District would conform to the County's Comprehensive Policy Plan. If this Agricultural District is revised as described above, the new Double Church Agricultural & Forestal District would total 1,008.22 acres, including 27 parcels, and 18 property owners. AGRICULTURE DISTRICT ADVISORY COMMITTEE: The ADAC considered this proposal at its meeting of November 30, 2006. Committee members discussed the importance of preserving the future Warrior Drive corridor from development; the ADAC made a motion to include these two parcels (86-A-71, and 71B) into the District. The ADAC voted unanimously for the recommendation of all the submitted parcels to be included in the Double Church Agricultural & Forestal District, including an additional 71 acre parcel (92- A-73) that was submitted to the Committee this night. PLANNING COMMISSION: Staff requests a formal recommendation from the Planning Commission which will be forwarded to the Board of Supervisors for their consideration. 11 TOTAL I 760.16 �I Double Church Agricultural & Forestal District Current 2005 - 2010 PIN GOwner Info Acreage 85-A-125 Ritenour Farm LP c/o Mary Ritenour 125.00 85-A-130 Ritenour Farm LP c/o Mary Ritenour 55.00 85-A-131 Ritenour Farm LP c/o Mary Ritenour 178.67 85 -A -131A 85-A-132 _ _ ` Betty R Stelzl sa _ u Sandra R Ritenour 24.74 3.67 85-A-139 _�_�y Gary L, Stephen P, Den_nis_A Scothorn _ 103.60 86B-5-1-1 Dennis M & Martha S Dale 0.25 86-A-27 Arthur B Ritenour Jr 10.50 86-A-32 Stuart M Madagan Trustee 74.53 86-A-35 Fairview -Springhill Farms Hog Group LLC 105.39 86-A-70 Kenneth E Waymer 28.98 86-A-72B�! Kenneth E Waymer �.3 10.21 86-A730A Jeffery M & Joseph F Gore 0.97 Y6--A-23(U-Jeffery M Gore �� _ 21.03 86-A-231 Fred B Gore ET ALS 2.50 86-A-241 Karl R Copp 10.59 86-A-242 William H Ireland -� 3.00 86-A-245 John H & Virginia G Booth 0.50 87-A-264_ _ Arthur B Ritenour Jr 0.50 86 -A -264A jArthur B Ritenour Jr 0.53 11 TOTAL I 760.16 �I 11 TOTAL I 6 jl ** - Indicates parcels that are in the path of the Warrior Drive extension Double Church Agricultural & Forestal District 2006 Proposed Additions PIN lOwner Info Acreage 85-A-1397 Gary L Scothorn 1.29 86-A-25 Betty R Stelzl 142.95 86 -A -25A Betty R Stelzl 7.04 86-A-33 Betty R Stelzl 0.12 86 -A -35A John Stelzl 5.00 86-A-38Linda Borror 20.66 86-A-71 **�.�_ Linda Borror r� 5.26 86- IB** _ _ Robert L Shiley_ 20.84 92-A-73 Lawrence W Fagg 71.00 11 TOTAL I 6 jl ** - Indicates parcels that are in the path of the Warrior Drive extension Rdgefiel'8 d Ave 277 UnR,voo. Dr , a�rairfa mm t S Hayxenhurst Cts ' ^ �� / ^ /� CedarNl�Ln 1� / S jPW7 i` r i canterburK Rd. a0 do toe —w—..wSa '%WVi UPS Ol6y' wA Current Double Church Agricultural & Forest, District Location in the County Map Features Urban Development Area SWSA Double Church District Location in Surrounding Rrea 0 600 1,200 2,4PO et s�a� �tiarl6or` Rd 0 o� rreue i CK uounty, YEA DRAFT Ammendments Double Church Agricultural & Forestal District Location in the County Additions & Deletions Map Features Urban Development Area SWSA o Double Church District t=" Proposed Parcel Additions Location in Surrounding Rrea 0 6007,200 2,480 w 'tee ®eet a Doubt Church Agricultural PFor-esital Districts 200792010 D C Frederick County, VA, �a DRAFT - b§0 ~ m U J Proposed Double Church Farrf.r Pike 4k Agricultural & Forestal District aG Location in the County N Map Features •• Urban Development Area Improved Minor Arterial SWSA CaP New Major Collector C, Proposed Double Church District .:- Improved Major Collector Eastern Road Plan ft New Minor Collector ft) New Major Arterial Improved Minor Collector Improved Major Arterial Ramp New Minor Arterial Location in Surrounding Area 0 6001,200 2,4cmmm�peet Doub% Church Agricultural re-stal Districts 2007AkO-10 I TEM #3 Proposed Update of the 2006-2010 Red Bud Agricultural & Forestal District The Red Bud Agricultural & Forestal District was created in April of 2006 for a four (4) year period; the new expiration date will be May 2010. The District currently comprises 42 parcels; 834.98 acres, among 23 property owners. Since that time, nine (9) parcels (68.59 acres) have been submitted to be added to the District. According to Chapter 43, Section 15.2-4300 of the Code of Virginia, any addition or withdrawal request must first be reviewed by the Agricultural District Advisory Committee. The ADAC will then submit a recommendation to be presented at a public hearing before the Planning Commission. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the Agricultural & Forestal District proposal. LOCATION AND SIZE: This proposal is to add nine (9) parcels (tax map numbers: 44 -A -28B, 44 -A -28H, 55-A-177, 55- A-178, 55 -A -178A, 55-A-179, 55 -A -181A, 55 -A -181B, and 55 -A -182D) to the Red Bud Agricultural & Forestal District. The proposed additions total 68.59 acres. This will bring the total amount of acreage within the District to 903.57 acres. AGRICULTURAL AND FORESTAL SIGNIFICANCE: The predominantly agricultural operations within the proposed additions are livestock, and cultivation of hay. These parcels are rural in nature. LAND USE: All parcels proposed for inclusion are in agricultural use. All parcels surrounding the proposed additions are agricultural or residential use. COMPREHENSIVE PLAN: Parcels 44 -A -28B and 44 -A -28H lie outside the Urban Development Area (UDA) and Sewer Water Service Area (SWSA). The area is located within the Northeast Land Use Plan. A portion of the two properties are designated as a Developmentally Sensitive Area. Both parcels have no land use designation, which indicates the area should remain rural. The remaining seven parcels (55-A-177, 55-A-178, 55 -A -178A, 55-A-179, 55 -A -181A, 55 -A - 181B, and 55 -A -182D) are located inside the UDA and SWSA, along Valley Mill Road. The UDA and SWSA are envisioned to be more urban in character. The UDA defines the general area in which more intensive forms of residential development will occur. The Eastern Frederick County Long Range Land Use Plan identifies these parcels for future residential growth. Expanding the Red Bud Agricultural & Forestal District into one of the more dense sectors of the County in not compatible with the County's Comprehensive Policy Plan. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy, and to maintain the rural character of areas outside of the UDA. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural & Forestal Districts. The Comprehensive Plan supports the proposed addition to the Red Bud District, with the exceptions of the above mentioned parcels, which are in the UDA. The requests will provide an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2010. ZONING: Tax map parcel numbers 44 -A -28B and 44 -A -28H are zoned RA — Rural Areas. The property to the north is zoned R4 — Residential, Planned Community District. The properties to the east, south, and west are zoned RA. Tax map parcel numbers 55-A-177, 55-A-178, 55 -A -178A, 55-A-179, 55 -A -181A, 55 -A -181B are zoned RA. Tax map parcel number 55 -A -182D is zoned RP — Residential Performance. These properties are surrounded by RP zoning on all sides. LAKES/PONDS/STREAMS: The proposed additions lie within the Redbud Run and Abrams Creek drainage areas. The inclusion of these parcels will further assist with managing the quality of the County's water resources. PRIME AGRICULTURE SOIL: There is a small amount of prime agricultural soils located along Valley Mill Road. The proposed additions contain Massanetta loam. This gently sloping, well drained soil has a silty clay loam surface and a clay subsoil layer. Permeability of this soil is slow and the available water capacity is moderate. Tilth is fair and the soil is medium in natural fertility. The subsoil is very plastic and has a high shrink -swell potential. This soil has rock outcrops and is a factor in the use of this soil. This soil has a fair potential for farming. STAFF COMMENTS: Based on the above information, staff feels that these proposed additions to the Red Bud Agricultural & Forestal District are agriculturally significant as outlined in the Agricultural & Forestal District Act. With exception to the seven aforementioned parcels in the UDA, the addition to this District would conform to the County's Comprehensive Policy Plan. If this Agricultural District is revised as described above, the new Red Bud Agricultural & Forestal District would total 865.53 acres, including 44 parcels, and 25 property owners. AGRICULTURE DISTRICT ADVISOR' COMMITTEE: The ADAC considered this proposal at its meeting of November 30, 2006. Committee members commented how the proposed additions located inside the UDA will assist in maintaining open space; the ADAC made a motion to include these UDA parcels (55-A-177, 178, 178A, 179, 181A, 181B, and 182D) into the District. The ADAC voted unanimously for the recommendation of all the submitted applications to the Red Bud Agricultural & Forestal District. PLANNING COMMISSION: Staff requests a formal recommendation from the Planning Commission which will be forwarded to the Board of Supervisors for their consideration. 11 Red Bud Agricultural & Forestal District Current 2006 - 2010 PIN jOwner Info Acreage 43-A-154 Shenandoah Valley Battlefield Foundation 36.27 43-A-159 Jeffery G & Roseanna M Jenkins 2.00 44D-2-6 Charles I Willis 2.37 44-A-28 Donna W & Donald_M Werdebaugh �F 8.72 44 -A -28A 44-A-28C len B & Velda D_Jobe Robert R & Marsha Boden 20.46 4.30 44 -A -28D Robert R & Marsha Boden 5.00 44 -A -28F Standish P & Janet E Kugler 9.85 44 -A -28G Allen B & Velda D Jobe 5.00 44-A-2_81 Voight G & Bonnie L Miller 8.00 54-A-87 _ =y William D & Claudia J Britz 20.00 54-A-88 Preservation of Civil War Battlefields_ 181.03 54 -A -89C Shenandoah Valley Battlefield Foundaiion 100.00 54-A-96-- " Preservation of Civil War Battlefields 41.00 55-A-5 Kevin L Herring 33.43 55 -A -5A Stacy A Herring 3.56 55 -A -5B Vera J Herring 1.00 55 -A -5C _ Stacy A Herring 17.01 55 -A -5D 1.21 55-A-6 IJoseph F T Hulver 24.04 55-A-7 Gary _K & Constance J Oates 13.48 55 -A -7A Gary K & Constance J Oates 9.37 55 -A -7B Gary K & Constance J Oates 7.49 55 -A -7C Gary K & Constance J Oates 5.00 55 -A -7D Gary K & Constance J Oates 5.00 55 -A -7E Gary K & Constance J Oates 5.02 55-A-8 _a Bernard Schwartzman 25.09 55-A-14 Ernest L Lam 2.00 55-A-18 Wayne D & Stephanie P 12.00 55-A-19 Wayne D & Stephanie P 22.00 55-A-20 Wayne D & Stephanie P 10.86 55-A-21 Wayne D & Stephanie P 58.50 55 -A -109B Jeffery G & Roseanna M Jenkins 8.82 55-A-115 _ Pine Knoll Construction 1.75 55-A-117 Jeffery G & Roseanna M Jenkins 4.33 55-A-118 Debra J & Dawn M Stultz McNeil 1.13 55-A-129 Nathan & Diana Childress 33.08 55 -A -129A David M & A Katherine Gregg 33.00 55-A-138 Stephanie M Sempeles Orndoff 21.50 55-A-139 Stephanie M Sempeles Orndoff 7.31 55-A-151 John E & June P McAllister 19.00 55-A- 551A John E & June P McAllister 5.00 11 TOTAL i 834.98 Red Bud Agricultural & Forestal District 2006 Proposed Additions PIN jOwner Info J Acreage Kenneth R Unger 25.00 44 -A -28B 44 -A -28H Martha Omps Holliday Miller 5.55 55-A-177** William H & Beverly P Schuller William & Genevieve Schuller �_- .®.� 078- 38 2.99 _ 55-A-178** _ 55-A- 75'! 178A** 5,5-A-179** 1 lNilliam &Genevieve Schuller 1.28 William H & Beverly P Schuller 12.86 55 -A -181A** William & Genevieve_ Schuller _ 4.41 55-A-1818** William & Genevieve Schuller 55 -A -182D*. Anthony & Lori Dimasi 5.00 11 TOTAL I 68.59 JI ** - Indicates parcels that are within the UDA Red RdAgricultural & Fore I District 2006VO 10 Red 9iid Agricultural & Lores-%-IU-is�trict 2006. 010 Red Pid Agricultural &ForesTal District 2007ft-Ol0 11 .4 Red EMd Agricultural & Fore s I d k 0 I District 2007 10 ed Effid Agricultural & Fores%I-District 2007=1101 0 C7 '_) REZONING APPLICATION #11-06 ABRAM'S CHASE Staff Report for the Planning Commission Prepared: December 4, 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 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: September 20, 2006 Tabled for 90 days by Planning Commission Planning Commission: December 20, 2006 Pending Board of Supervisors: January 10, 2007 Pending PROPOSAL: To rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 13 single family detached residential units on small lots. LOCATION: The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65 -A -27A and 65 -A -28A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) West: RA (Rural Areas) Use: Lynnehaven Subdivision Open Space Use: Agricultural Use: Parkwood Manor Subdivisions Use: Residential PROPOSED USES: 13 single family small lot homes (4 units/acre density) Rezoning #11-06 — Abram's Chase December 4, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision rezoning application dated March 1, 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 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 Company: Agreed to. Public Works Department: Refer to Wetlands, Page 3: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100 -year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100 -year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. Frederick -Winchester Service Authority: There is adequate water and sewer capacity to serve this rezoning request. Sanitation Authority: No comments. Department of Parks & Recreation: As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved, an appropriate value for recreational amenities must be determined. The proposed asphalt walkway to adjacent property should meet Frederick County Standards. Plan appears to offer the appropriate amount of open space. The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 14 single family homes will yield two high school students, two middle school students and five elementary school students for a total of nine 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 nine new students upon build- Rezoning # 11-06 — Abram's Chase December 4, 2006 Page 3 out, the cumulative impact of this project and others, coupled with the number of approved, ,undeveloped residential lots in the area, will -necessitate essitate the future construction of new school fac..ISt.es to accommodate increased student enrollments. Winchester Regional Airport: While the proposed development lies within the airport[s Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. Proffer A provides that the property will develop in substantial conformity with the attached Generalized Development Plan (GDP). The GDP was not attached to the copy of the Proffer Statement provided to me. Therefore, this review is provided without a review of the GDP. 2. Proffer B limits the dwelling units to "14 single family detached residential dwelling units on small lots". It is assumed that this is a reference to the "single family small lot" type of development identified in Section 165-65F of the Zoning Ordinance. 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as community recreational facilities in lieu of a community center, of the community center is waived by the Frederick County Board of Supervisors. However, my review of Section 165-64(A)(1) indicates that the Board of Supervisors can waive the community center requirement of Section 165-64(A) in proffered age -restricted single family small lot subdivisions that contain less than 50 lots. However, there is nothing in the proffer provided to me to indicate that this development is to be an age -restricted development. Accordingly, I question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. 4. Proffers D(1) and D(2) provide for the construction of a right turn and taper lane and for the dedication of right-of-way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. In Proffer E the first clause is redundant and should be deleted. The proffer should commence as the other proffers have commenced with the language "the Applicant will pay... ". 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 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. Planning Department: Please see attached letter dated April 12, 2006 from Candice E. Perkins, Planner 11 Rezoning # 11-06 — Abram's Chase December 4, 2006 Page 4 Pianninm « Zaili:ra: 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. Parcels 65 -A -27A and 65 -A -28A maintain 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. 1-11 Land Use The parcels comprising this rezoning application 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 Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. 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). 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 public street that would be stubbed out at the western property line as indicated on the Generalized Development Plan. A 10' asphalt bicycle/pedestrian is also being constructed along the frontage of the property. Rezoning # 11-06 — Abram's Chase December 4, 2006 Page 5 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loams and Weikert-Berks Channery Silt Loams. 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 fourteen lot single family detached residential project will generate approximately 134 vehicle trips per day. The applicant is proffering to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65 -A -25B to the west. The applicant's proffer statement includes a commitment making the required frontage improvements to Route 657, Senseny Road, including the necessary right-of-way dedication to provide for 45 feet from the existing Senseny Road centerline. Commitments for the frontage improvements have been provided in the proffers 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. This site will also offer access to the adjacent parcel (65-A-26) should it choose to utilize the new public street within the Abrams Chase Subdivision. Staff Note: It is noted that recent single family rezonings in this area have proffered a transportation contribution per dwelling unit (Senseny Road Rentals, Senseny Village) to help with road improvements in addition to a proffer to construct the Senseny Road expansions on their property (Orrick ($2,854), Senseny Road Rentals($5,000)). The previously reviewed application contained a transportation proffer of $1,000 per unit for improvements to Senseny Road. This rezoning has been revised to provide the improvements to Senseny Road but has removed the $1,000 transportation contribution from the proffers. Consideration should be made for the location of the road shown on the GDP. This rezoning will establish the location of the road for future developments. B. Sewer and Water Presently sewer service is available via an eight inch main that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant. The proposed 14 lot development would Rezoning 411-06 — Abram's Chase December 4, 2006 Page 6 add approximately 3,100 gallons per day to the public sewer conveyance system, increasing the demand at the Opequon Plant by 0.15%. Water supply will be provided by way of an eight inch water line along the north side of Senseny Road that adjoins the subject site. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system. Water demand of this project is estimated to be 3,850 gallons per day. C. Community Facilities 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 and Recreation, Library, Sheriffs 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. 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 March 1, 2006 (Revised November 6, 2006) A) Generalized Developrrent Plan The applicant has proffered to develop the property in substantial conformance with the GDP provided in the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road, the 10' bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of the residential lots and the open space/buffer areas. Rezoning #11-06 — Abram's Chase December 4, 2006 Page 7 B) Residential Land Use The applicant proffers to develop a maximum of 13 single family detached residential units on small lots. Staff Note: With the single family small lot designation, this project could develop lots as small as 3,750 square feet. C) Transportation Enhancements 1. The applicant will construct an internal pubic street with a temporary turnaround that will be designed to provide for Interparcel connectivity to Tax Map Parcel 65- A-2513. 2. The applicant will construct a new westbound travel lane on Senseny Road that is 12' in width and is located along the property frontage within the public right-of- way. The new westbound travel lane shall be designed to connect Parkwood Drive tot eh entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the property. 3. The applicant will construct a right -turn and taper lane within the public right-of- way to the entrance serving the property. This improvement shall be bonded and constructed concurrently with the internal public street serving the property. 4. The applicant will dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road centerline of record to allow for future road improvements by others. 5. The applicant will construct a 10 foot asphalt bicycle/pedestrian facility along the entire frontage of the property. 6. The applicant will provide for a curb cut along the Interparcel public street serving the property to allow for ingress/egress for Tax Map Parcel 65 -A -26A. The applicant shall establish an ingress/egress easement for the benefit of 65 -A -26A that shall be incorporated into the final plat and deed for the Abrams Chase Subdivision. D) Monetary Contribution A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time each residential lot is platted, is proffered in an effort to mitigate the impacts associated with this development on community facilities. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/20/06 MEETING: Members of the Commission asked the applicant if he had considered an inter -parcel connector at the cul-de-sac to the east or the possibility of acquiring the vacant lot on Parkwood Circle for an inter - parcel connector. The applicant replied that not only was there a drainage area through the location to the east, but it would compromise the area they had planned for their recreational amenities; he said the Rezoning #11-06 — Abram's Chase December 4, 2006 Page 8 other open area on the site was designated for stormwater detention. The applicant said he had not pursued the possibility of purchasing the vacant lot on Parkwood Circle. Considering how much of the property was within a floodplain, a member of the Commission raised the possibility that housing sites could be lost or the road location may have to be moved. The applicant responded that the results of a site -distance study they conducted eliminated any leeway in the location of the road. The applicant assured the Commission that a wetlands study would be conducted at the MDP stage, as requested by the County's engineer. One citizen spoke in opposition to the rezoning; she did not believe the proposed development supported the County's vision for good planning. She did not think this site, nor the other surrounding vacant parcels, should be a continuation of the less -than -desirable type of development this area has been experiencing. The Planning Staff pointed out that the inter -parcel connection is required by the zoning ordinance and was a non -debatable issue, unless waived by the Board of Supervisors. Staff noted that the ordinance also requires a waiver of the community center to be done at the MDP or subdivision stage. In addition, Staff noted the inappropriateness of the applicant adjusting the cash proffer contribution at this point in the process. Regarding the entrance separation along Senseny Road, Staff commented that the 200 feet proposed by the applicant did not meet the desired separation of 500 feet, which is recommended in VDOT's subdivision design manual. Commission members said they were having difficulty finding any redeeming values in the proposal from a planning standpoint. They were concerned this project may set a precedent for similar developments in this area. They were concerned about the possibility of having six cul-de-sacs within a 1,200 -foot distance, each with 134 trips per day, along Senseny Road, which already had traffic problems. Although there were questions whether approving this rezoning represented good planning, a concern was raised about the future of this particular area, which seemed to be a conglomeration of small parcels. The question of how the parcels in this area could be integrated to create good planning was raised. The possibility of a solution through the UDA Study was suggested. Members of the Commission wanted to give the applicant more time to address some of the issues in order to make the project work. By a majority vote, the Commission tabled the rezoning for 90 days. YES (TO TABLE): Unger, Watt, Manuel, Morris, Oates, Light, Wilmot, Kriz, Triplett, Kerr, Mohn NO: Thomas (Note: Commissioner Ours was absent from the meeting.) STAFF UPDATE FOR THE 12/20/2006 PLANNING COMMISSION MEETING: The applicant provided staff with a revised proffer statement and GDP which have addressed the issues raised at the September 20, 2006 Planning Commission. The issues from the meeting and the applicant's solutions are as follows: Rezoning # 11-06 — Abram's Chase December 4, 2006 Page 9 1. The previously reviewed application only provided right-of-way for future improvements to Senseny Road; it did not provide any improvements or the bicycle/pedestrian lane. The revised application provides the right-of-way, the improvements to Senseny Road (new westbound travel lane and right turn/taper lane) as well as the ten foot asphalt bicycle/pedestrian facility along the entire frontage of the property. 2. The internal public road within previously shown has a cul-de-sac and did not provide inter - parcel connectivity to the adjacent property. The revised proffers and GDP now show the internal public street stubbing out at the western property line. The applicant has also provided an area for a smaller adjacent parcel that fronts on Senseny Road to connect into the new public street within the Abrams Chase Subdivision if they choose. 3. The previously reviewed application contained a request for a waiver of the community center requirement and the proffers had specific recreational unit figures and amenities that would be applicable if the community center was waived. The waiver cannot be sought at the rezoning stage and needs to come at the MPD or Subdivision stage. The waiver and the recreational amenity proffer have been removed from the application. The revised GDP currently does not provide a location for the required recreational area which is required to be shown.. STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING: The land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. The applicant has addressed the issues that were discussed at the September 20, 2006 Planning Commission Meeting. Consideration should be made for the location of the road that is shown on the GDP as this rezoning will establish the location of the road for future developments. The revised GPD also need to provide a location for the required recreational facility. Followin the requirement fora public hearinz, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. April 12, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Preliminary Comments — Abrams Chase Rezoning Proposal Dear Evan: This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Abrams Chase rezoning proposal. The preliminary application package, as submitted on March 21, 2006, consists of the following principal components: (1) Rezoning Application Form; (2) Impact Analysis Statement, dated March 1, 2006; (3) Proposed Proffer Statement dated March 1, 2006; and (4) Generalized Development Plan (GDP) dated March 2006. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following comments are offered for your records: Impact Statement A. Introduction The housing type being proposed with this application is single family small lot which is intended to be marketed as a "starter home community". This starter home community reference is only mentioned in the first paragraph of the impact statement. It is unclear how this development will be affordable by first time home buyers. B. Comprehensive Policy Plan The site is not within the limits of any small area plans in the Comprehensive Policy Plan; however, the Eastern Frederick County Long Range Land Use Plan identifies the entire Senseny Road corridor for residential uses. B. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an improved major collector. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The applicant will need to ensure that the H L APR J. 107 North Kent Street, Suite 202 Winchester, Virginia 22601-500.0 l�5llt� Mr. Evan Wyatt, Greenway Engineering RE: Abrams Chase April 12, 2006 Page 2 application addresses expansion plans for these roads and that all road improvements, especially turn lanes, respect the long-term road center line. Since Senseny Road is designated as a major collector road, it requires 200' entrance spacing from all driveways and intersections. While it appears that the entrance spacing is met from Parkwood Circle, the spacing is not being met off of the adjacent residential driveways. A waiver from the Planning Commission would be required to reduce the required entrance spacing. Proffer Statement A. Generalized Development Plan The GDP submitted with the impact statement does not account for any of the residential separation buffers required on the site. The GDP does not accommodate a location for the required community center, which is required for single family small lot subdivisions. B. Recreational Amenities The proffer states that this project will contain a tot lot, park benches and an asphalt pedestrian walkway that will connect the internal sidewalk system to the community recreational area. These amenities are intended to be in -lieu of the community center that is required by ordinance. This development is not proffered age restricted and currently does not qualify for any waivers. A ten foot asphalt hiker biker path is being provided by other developments along Senseny Road and should also be provided with this development. C. Transportation Enhancements A right turn and taper is going to be installed; the proffer needs to include when this will be installed (prior to the first building permit). Also, state that the road within the development will be a public road dedicated to VDOT. The proffer states that the applicant will dedicate right-of-way sufficient "to provide for 45 feet from the existing Senseny Road (Route 657) centerline to allow for future road improvements by others". The applicant will need to verify with county staff and VDOT that there will be sufficient right-of-way to accommodate long range road plans. The exact amount of dedicated right-of-way needs to be provided along with a guarantee that this site will construct its portion of the planned improvements. Mr. Evan Wyatt, Greenway Engineering RE: Abrams Chase April 12, 2006 Page 3 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 $3,325.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. This application will be complete once the above issues are satisfactorily addressed, a review fee is submitted and all reviewing agency comments provided. Reviewing agencies include the following: Frederick County Fire Marshal and the local fire company, Frederick County Inspections, Frederick County Public Works, Frederick County Parks & Recreation, Frederick County Sanitation Authority, Frederick County Service Authority, Frederick County HRAB, Virginia Department of Transportation, and the Frederick County Attorney's Office. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Candice E. Perkins Planner II CEM/bad cc: Harvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 1 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 1 Founded in 1971 December 1, 2006 Frederick County Planning Department Attn: Candice Perkins, AICP 107 North Kent Street Winchester, VA 22601 RE: Abram's Chase Rezoning Application Dear Candice: Er 1:1! .i �i i -IVU The Planning Commission tabled the proposed rezoning application for the Abram's Chase Subdivision on September 20, 2006 to allow the applicant an opportunity to address the concerns presented by staff. These concerns included the need for the development to provide for state street connectivity to the west, the need for improvements to Senseny Road (Route 657), the need to provide for a bicycle and pedestrian facility and concerns with a proposal to waive the community center requirement during the rezoning process. The following revisions have been made to the Abram's Chase Proffer Statement in an attempt to address these concerns: Proffer A provides for a new Generalized Development Plan design layout that includes state street connectivity to the west, a new travel lane on Senseny Road that connects to Parkwood Circle, a turn lane into the project, a 10 -foot bicycle and pedestrian facility, an ingress/egress easement for the adjoining property and eliminates the recreational area. Proffer B reduces the total number of residential lots from 14 single-family small lots to 13 single-family small lots. Proffer C(1) provides for the continuation of the public street system to allow for inter -parcel connectivity to the adjoining parcel to the west. ➢ Proffer C(2) provides for the development of an additional 12 -foot westbound travel lane on Senseny Road along the frontage of the project. Proffer C(5) provides for the development of a 10 -foot asphalt bicycle and pedestrian facility along the entire frontage of the project. Proffer C(6) provides for a curb cut and ingress/egress easement that will allow for the adjacent shall parcel to access the internal public street in the project. Proffer D maintains the monetary contribution recommended by the County's Development Impact Model when the rezoning application was filed. ➢ The former proffer pertaining to the community center waiver and proposed recreational values has been eliminated. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #4545H/EAW www.greenwayeng.com Please find attached a new Proffer Statement that has been signed by the property owner and notarized, as well as a new Generalized Development Plan for the Abram's Chase Subdivision. Please reschedule this rezoning application for the December 20, 2006 Planning Commission agenda for consideration of this new development program. Thank you for your assistance with this development proposal. Sincerely, Evan Watt, AICP Greenway Engineering Cc: Stuart Butler, Harvest Communities, Inc. Pile 44545H/EAW 2 1483 148, 1485 v 55 A nolo LYNNFliP,VFN, L-(- P, 24 (D I A? 'Ile 24A jz- 1170 7r U5 A 1,5 R24 2E 0 LLC QUI FILLY &F-DUF, LLr- 0 P, '4 (,P-6ENWDDD FAP -M, LL( - 4) FFG INVEST IENTS, LLL 66 A 13A 5HUMAN, U.,)iiN F, 0 CZ) RvZ # 11 - 06 Abram's Chase Location Map "Ir (65 - A - 27A, 28A) 0 125260 500 Feet Zoning -•-, 31 (Business, M1elghborhoatl Disirisll M2 Ohdtl lriai, General DislricQ MHt (MAN, Home Community Dish ) 92 (9uyness, Genesi Disinct) li SNS (Medica( Sup,m Dlsi B3 (Bsslness. Indn:trial Tlllon oLsViep - ' .24(ResidenLel. Pierced Commundy D -U) . EM (_Mrac[rve Manufacturing Dlehi.) QW RS (Resitlenllal Re_rearional Community Distdc!j HE (Higher Ed—b.in Dlshict) RA (Rural Areas Disirbn M1 (Industrial. Light Disiriof) RP (Resitlenllal PerlormancP D'srHRi o-� � - ��►`�� '. 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"'.3r -'tin. /• '� ! t✓fJf ,� Y '`••t'• :: /1 ' L F !frP l4 rrr m, "",act vim r�,. � f�" � d _ � 7,� Mq +� dp d! iii f F4 c .ff r g, •'sY ...•D "`f'�r,.'d.; ''P f n a r•j IC y. y r F " ' L 1 _ , FJ+ . til .I r 7"°,,; • F' t '� {y1 ..�., t tnp�p fP,� Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 AB RAM'S CHASE PROFFER STATEMENT REZONING: RZ# 11-06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25± -acres Tax Parcels 65 -((A)) -27A & 65 -((A)) -28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: November 6, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-06 for the rezoning of 3.25± - acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 A. Generalized Development Elan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10 -foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units. C. 'Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65 -((A)) -25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12 -feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A)) -26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65 -((A)) -26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File #4545H/EAW 3 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 E. Siunatu>re The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, -U'-Ie proffered conulrlciis srrair apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, City/County of r—v�(. n ch, To Wit: g 7#Dat -t-h The foregoing instrument was acknowledged before me this -� day of 20) �' by 6+UCIi L - bJ-i KI --. I (�'�u�� x�i-) -- -UtA) Notary Public My Commission Expires OET I DU File #4545H/EAW 4 LEGEND EjLOT AREA [� OPEN SPACE / BUFFER PUBLIC R.O.W. AREA 10' BICYCLE / PEDESTRIAN FACILITY 50' ROAD EFFICIENCY BUFFER INGRESS / EGRESS EASEMENT AREA - o ov Cll-JCuE PARKW z 0 �a Z Z5 O ;i ~ Z > W m d DOE W � H W QCT oc _ � o vW° Z J ° QQ cc cc m W 44 W a DAIS ROVEMNR7006 SCAM I" _ 80' DENGN6D BY.' WM FBE NO. 181614 9HM 1 OF I is Z RE W W Z L3 Z Lu N m NS N t q eo .ao o eo 160 3 Z mN I SCALE. i'= 80' LU s z 0 �a Z Z5 O ;i ~ Z > W m d DOE W � H W QCT oc _ � o vW° Z J ° QQ cc cc m W 44 W a DAIS ROVEMNR7006 SCAM I" _ 80' DENGN6D BY.' WM FBE NO. 181614 9HM 1 OF I LEGEND ABRAMS CHASE SUBDIVISION �L� CONCEPTUAL PUBLIC R.O.W. LAYOUT CONCEPTUAL 10' BICYCLE / PEDESTRIAN FACILITY CONCEPTUAL 50' ROAD EFFICIENCY BUFFBR ORRICK DEVELOPMENT II J� AO O �Pv SENSENY ROAD z 0 W W a a W cc Za W � d fCW- U O G n J Z q J J tu0 � W ZZ la to Z v W N DATE N0VEMNR2W6 SCALE 1• - 900• DEMGNED BY: Will FD8 NO. 0014 SHEEP 1 OF I is Z rc W W Z r3 Z W $ m Nm- lV 2g aoo iso 0 300 boo Z by' scnLE. I' =300' w n W w A In 224 1 z 0 W W a a W cc Za W � d fCW- U O G n J Z q J J tu0 � W ZZ la to Z v W N DATE N0VEMNR2W6 SCALE 1• - 900• DEMGNED BY: Will FD8 NO. 0014 SHEEP 1 OF I Greenway Engineering March 1; 2006 Abram's Chase Rezoning Revised May 19, 2006 ABRAM' S CHASE REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 3.25± -acre subject property identified as Abram's Chase and owned by Harvest Communities, Inc. The subject property consists of two contiguous parcels identified as Tax Map Parcel 65 -((A)) -27A containing 1.68± -acres and Tax Map Parcel 65 -((A)) -28A containing 1.57± -acres. The subject site is located on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. The Applicant proposes to conditionally rezone the 3.251 -acre subject site from RA, Rural Areas District to RP, Residential Performance District. The Applicant plans to develop the subject property as single-family detached residential housing on small lots. Basic information Location: Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. Magisterial District: Red Bud Property ID Numbers: 65 -((A)) -27A and 65 -((A)) -28A Current Zoning: RA, Rural Areas District Current Use: Residential Proposed Use: Residential, Single-family detached residential housing on small lots Proposed Zoning: RP, Residential Performance District Total rezoning area: 3.25± -acres Proposed build -out 14 Single-family detached residential units on small lots File #4545H Impact Statement/EAW 2 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 COMPREHENSIVE PLAN Urban Development Area The 3.25± -acre subject site is currently located within the Urban Development Area (UDA). The Comprehensive Policy Plan states that new suburban residential development will be located with the boundaries of the UDA. Therefore, the proposal to rezone the 3.25± -acre subject site to RP, Residential Performance District is in conformance with the Comprehensive Policy Plan. Sewer and Water. Service Area The 3.25± -acre subject site is currently located within the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan identifies the SWSA as the area in which public water and sewer infrastructure is to be located, which determines where urban development will occur. Therefore, the proposal to rezone the 3.25± -acre subject site to RP, Residential Performance District is in conformance with the Comprehensive Policy Plan recommendations for water and sewer service. SUITABILITY OF THE SITE Access The 3.25± -acre subject site is located on the north side of Senseny Road (Route 657), approximately `/2 -mile east of the intersection of Senseny Road and Greenwood Road (Route 656). Senseny Road is identified as a major collector road and currently has one eastbound and one westbound travel lane. The Abram's Chase Subdivision will only have one connection to Senseny Road that will be located a minimum of 200 feet to the west of Parkwood Circle. The Applicant has conducted a site distance study that has been reviewed by the Virginia Department of Transportation (VDOT) to ensure that vehicles can safely access the Abram's Chase Subdivision from Senseny Road. All residential lots within the Abram's Chase Subdivision will be served by a state maintained street with sidewalks that is dedicated to VDOT. Flood Plains The 3.25± -acre subject site does not contain areas of floodplain as demonstrated on FEMA NFIP Map #510063-0120-13 and on the Frederick County GIS Database. The subject site is identified as a "Zone C" area of minimal flooding. Wetlands The 3.25± -acre subject site does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. 3 File #4i45H Impact Statement/EAW Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 Soil Types The 3.25± -acre subject site contains two soil types as demonstrated by the Soil Survey of Frederick County, Virginia (page 36) and the Frederick County GIS Database. The following soil types are present on site: 9B Clearbrook Channery Silt Loams 2-7% slope 41C Weikert-Berks Silt Loams 7-15% slope 41D Weikert-Berks Silt Loams 15-25% slope Table 5 on page 123 of the Soil Survey of Frederick County, Virginia does not designate either soil type found on the 3.25± -acre site as prime farmland soils. The soils types are generally classified as moderate for development purposes because of slope, depth to rock and wetness. These soils types are consistent with the soil types found in the Parkwood Manor, Lynnhaven, and Sovereign Village subdivisions surrounding the subject site; therefore, the soil types are suitable for residential development. Other Environmental Features The 3.25± -acre subject site does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints on the subject site. SURROUNDING PROPERTIES Adjoining property oning and present use: North: RP, Residential Performance District South: RA, Rural Areas District East: RP, Residential Performance District West: RA, Rural Areas District TRANSPORTATION Use: Lynnhaven Subdivision Use: Agricultural Use: Parkwood Manor Subdivision Use: Residential The Abram's Chase Subdivision is proffered to be developed with a maximum of 14 single- family detached residential units on small lots. All vehicle trips associated with the residential lots will access Senseny Road (Route 657) at a single entrance point and will either travel west towards Greenwood Road (Route 656) to access Millwood Pike (Route 50 East) and the City of Winchester, or will travel east to access Berryville Pike (Route 7) to points east of Frederick County. File 44545H Impact Statement/EAW 4 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 The Virginia Department of Transportation (VDOT) 2004 Annual Average Daily Traffic Volumes Estimates identify the segment of Senseny Road (Route 657) between Greenwood Road (Route 656) and Rossum Lane (Route 736) with an average volume of 5,500 vehicle trips per day (VPD). The ITE Trip Generation 7th Edition identifies single-family detached housing (ITE 210) with an average rate of 9.57 VPD per household. Therefore, the proffered 14 -lot single-family detached subdivision is anticipated to generate a maximum of 134 VPD. The 134 VPD represents an increase of approximately 2.5% of the 2004 average volume on Senseny Road and an increase of approximately 2.2% of the 2006 average volume on Senseny Road assuming a 5% annual increase in traffic volume on the segment. Assuming a 70% traffic split for vehicles traveling west and a 30% traffic split for vehicles traveling east, the Abram's Chase Subdivision will generate approximately 94 VPD that will travel towards Greenwood Road and the City of Winchester and will generate approximately 40 VPD that will travel to points east of Frederick County. A detailed traffic impact analysis statement (TIA) was prepared for the Senseny Village Subdivision, which was approved by Frederick County and VDOT in calendar year 2005. This TIA projected the impacts to the same segment of Senseny Road (Route 657) and the intersection of Senseny Road and Greenwood Road (Route 65 that Senseny throughout the aanticipd and ated buildout year of 2010. The results of this TIA demo he intersection of Senseny Road and Greenwood Road functioned at an acceptable level of service (LOS) throughout the buildout year under current geometric conditions. The Abram's Chase Subdivision will be built out in calendar year 2007, prior to the build out of the Senseny Village Subdivision; therefore, the current geometric conditions of this road segment and of the Senseny Road/Greenwood Road intersection will be able to accommodate this projected increase in average daily traffic volume. Furthermore, the Applicant's proffer statement provides a $1,000 per residential unit monetary contribution to the Frederick County General Transportation Fund that can be used unconditionally by the County towards road improvements. The 134 VPD associated with the Abram's Chase Subdivision will not create a negative impact to the transportation network and the Applicant's development proposal offers an additional revenue source to assist Frederick County and VDOT with road improvements. SEWAGE CONVEYANCE AND TREATMENT The 3.25± -acre subject site is located in the eastern portion of the Sewer and Water Service Area (SWSA). There is an existing Frederick County Sanitation Authority (FCSA) S" sanitary sewer main and easement that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant (OWTP) located on Berryville Pike (Route 7). Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of 14 single-family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single-family detached unit. s File #4545H Impact Statement/EAW Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of 14 dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD X 14 dwelling units Q = 3,150 GPD The proposed zoning is estimated to add 3,150 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant (OWTP). The design capacity of the OWTP plant is currently 8.4 million gallons per day, of which the City and the County are currently utilizing approximately 6.4 million gallons per day. The total build- out of the Abram's Chase Subdivision would increase the treatment demands at the OWTP by approximately 0.15% of the current available capacity at the OWTP; therefore, adequate capacity, source and infrastructure is available to serve this development. WATER SUPPLY The 3.25± -acre subject site is located in the eastern portion of the Sewer and Water Service Area (SWSA). There is an existing Frederick County Sanitation Authority FCSA 8 -inch water line along the north side of Senseny Road (Route 657) that adjoins the subject site and will be utilized to serve the project. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system, which is treated at the James H. Diehl Water Filtration Plant. This treatment plant provides approximately 4.0 MGD of potable water and is expandable to treat 6.0 MGD. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of 14 single-family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the water supply system at full build -out of 14 single- family residential dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD X 14 dwelling units Q = 3,850 GPD The Abram's Chase Subdivision will utilize an estimated 3,850 gallons of water per day. Potable water is provided to this area of the SWSA through transmission from the Stephens City quarry system and through water purchased from the City of Winchester. The projected water usage at build -out is negligible. Therefore, adequate capacity, source and infrastructure are available for this subdivision. File #4545H Impact Statement/EAW 6 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 SITE DRAINAGE The 3.25± -acre subject site has pronounced drainage swales along the northern property boundary and along the eastern property boundary. Stormwater flows from properties west of the subject site through the drainage swale along the northern property boundary, while properties on the south side of Senseny Road (Route 657) drain to a culvert system within the Senseny Road right-of-way that discharges to the drainage swale along the eastern property boundary. Stormwater leaves the subject site at the northeastern corner and flows through the Lynnhaven and Sovereign Village subdivisions to the twin lakes on the properties immediately to the east, ultimately draining to the Opequon Creek. On-site Stormwater management is proposed in the northeastern portion of the subject site to control the increased run-off at or below pre -development rates, which will result from the development of this site. All storm water management measures will be designed to meet state and local standards and will be approved by the County Engineer. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4th edition). The following figures show the increase in average annual volume based on the 14 residential units that will be developed in the Abram's Chase Subdivision: AV = 5.4 cu. yd. per household AV = 5.4 cu. yd. X 14 dwellings AV = 75.6 cu. yd. at build -out, or 53 tons/yr at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected build -out of the Abram's Chase Subdivision will generate approximately 53 tons of solid waste annually on average. This represents a 0.02% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. The Abram's Chase Subdivision is located within close proximity of the Regional Landfill and the Greenwood Citizen Convenience Center. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with the 14 -lot subdivision. HISTORICAL SITES AND STRUCTURES The 3.25± -acre subject site does not contain structures that are deemed eligible for the national register or the state register of historic places. This site is not contained within any core battlefield area designed by the National Park Service Civil War Sites in the Shenandoah Valley or by the Frederick County GIS Database. The Frederick County Rural Landmarks Survey does not identify any structure on the property as potentially significant. File #4545H Impact Statement/EAW 7 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 The Frederick County Rural Landmarks Survey identifies the Greenwood School (434-421) as a potentially significant structure within the closest proximity to the subject site. The Greenwood School is located approximately 2/3 -mile to the west of the subject site; therefore, the development of the Abram's Chase Subdivision will not have any negative impact to cultural resources or to the viewshed of any significant historical structure or site. I. OTHER IMPACTS The Frederick County Development Impact Model (DIM) was formally adopted by the Frederick County Board of Supervisors in October 2005. The Board of Supervisors authorized the DIM to be applied to rezoning applications that were filed for consideration as of December 1, 2005. The new DIM assessment of Capital Facilities Impacts for single- family detached residential dwelling units is $23,290.00 per unit. The $23,290.00 impact per residential unit for Capital Facilities Impact is itemized as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 The Applicant's proffer statement provides a monetary contribution of $23,290.00 for each residential dwelling unit that is to be paid to Frederick County at the time of building permit issuance. Therefore, the Abram's Chase Subdivision will completely mitigate the Capital Facilities Impacts to Frederick County for each residential dwelling unit prior to occupancy of the unit. No additional impacts to County capital facilities are anticipated by this residential development proposal. 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GIS Department, 2006 Data f0h. i' EO C/) m LL f i i Murphy, Ct , / Z ,- _ - -_ , •tet /' (� � l,. a i ' o , �y�' �o Q / O S CO Ra iw /"z" , o / U < z `-0Y — / I Q U) - r __ __ � fn lwi cn (� w Legend - -- _ o F LO Abram's Chase Parcels � w LLJ � w z w 5 ft. Contours / / Q ° — ° zU- jE Streams - ° w p ' / � � Z o v CU Lakes &Ponds Feet --_ / _ �o`; _ �.m m _ o c� i m F200 100 0 200 400 �' m - c 4L Parcel Boundaries \ -� LU 0 w LIJ -- - - -- - _... - - -- - ----.- _.-- --- - - - Q , j Map Data Source: Frederick County, Va. GIS Department, 2006 Data Environmental Features Jew ' � ra, , �� LU i - -- �a z z W a Ct YJLU , r , � i P f0h. i' EO C/) m LL f i i Murphy, Ct , / Z ,- _ - -_ , •tet /' (� � l,. a i ' o , �y�' �o Q / O S CO Ra iw /"z" , o / U < z `-0Y — / I Q U) - r __ __ � fn lwi cn (� w Legend - -- _ o F LO Abram's Chase Parcels � w LLJ � w z w 5 ft. Contours / / Q ° — ° zU- jE Streams - ° w p ' / � � Z o v CU Lakes &Ponds Feet --_ / _ �o`; _ �.m m _ o c� i m F200 100 0 200 400 �' m - c 4L Parcel Boundaries \ -� LU 0 w LIJ -- - - -- - _... - - -- - ----.- _.-- --- - - - Q , j Map Data Source: Frederick County, Va. GIS Department, 2006 Data Map Data Source: Frederick County, Va. GIS Department, 2006 Data REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff _� � Fee Amount Paid 23 �6 Zoning Amendment Number Date Receive 6 PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway En ineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Harvest Communities, Inc. Telephone: (540) 678-1462 Address: 147 Creekside Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement X X X X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Harvest Communities Inc. Stuart Butler, President 6. A) Current Use of the Property: Residential B) Proposed Use of the Property: Residential 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 55K -1-1-24A Open Space RP 65-A-15 Agricultural RA 65 -A -25B Residential RA 65 -A -26A Residential RA 6513-9-7 Residential RP 6513-9-7A Residential RP 6513-9-8 Residential RP 6513-9-9 Residential RP 6513-9-10 Residential RP 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): Fronting on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. Information to be Submitted for Canital Facilities Impact Model -Mai In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifies of 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 Magisterial: Fire Service: Rescue Service 10. 11 Red Bud Greenwood VFR Greenwood VFR Districts High School: Middle School: Elementary School Millbrook Admiral Byrd Senseny Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.25± RA District RP District 3.25± Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 14 Townhome: Multi -Family Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 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 >oning man 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 (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Date: 17-1 G e: Owner (s): t 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) Harvest Communities, Inc. (Phone) (540) 678-1462 (Address) 147 Creekside Lane, Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050028946 on Page , and is described as Parcel: 65 Lot: 27A Block: A Section: Subdivision: Parcel: 65 Lot: 28A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness there ( av ereto s m or) hand and seal this 2.641 day of 44Usf 200 (v State of Virginia, City/ ount of Frederick, To -wit: I, Donna L. Meliso, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknow ged the same before mein the jurisdiction aforesaid this2S+1q day of 200 OCMy Commission Expires: February 29 2008 Notary Public LL t � a co STAFFORD DR Y D �0� �� O OWIM CT �GC Q P G�� IPJ R m zCL PJ�� C41 Q Z O SESAR CT �o WICKMAN TER z 657 41 w `# Q MON Le end Abram's Chase Parcels Parcel Boundaries Zoning B2 (Business, General District) RA (Rural Areas District) RP (Residential Performance District) Map Data Source: Frederick County, Va. GIS Department, 2006 Data Ep4yONSON `N Co ET TER O0 0 00 G� MURPHY CT 0Wq �wQ X02 pOR rFA'I NG oR Q='� J� �S'OR SAN GOUGN SENSENY GI -EN DR 2 � O p 40 G [u o mCID� DR`` CT C, �lu _ IT v U� oJSEMS 0Q yy ENY R p m o ca 3 � J tiF a O,Q m ti v UMp7RF< 70 Feet 800 400 0 800 1,600 a z W W z _ ca W °t c � n �t I � � z x ✓ O (t Wj �y [ YJ b n r ax vw1 W z a_ O > 0 z m z W O N W < z 2 Q U O � Q Q U (If O m J Q w 0 a Q m 2E � o z _U Oz 11' z — j O o o _ 0 7 J i Lu z O F- w D Q UQ OU m z = U O Y U m `l o (n J O oo Q O m w o Q z z o w w Wo O N u- (o o C — w o N W J U) • �7 REZONING APPLICATION #14-06 GLAIZE PROPERTY Staff Report for the Planning Commission Prepared: December 4, 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: November 1, 2006 Tabled for 30 days by Planning Commission Planning Commission: December 20, 2006 Pending Board of Supervisors: January 10, 2007 Pending PROPOSAL: To rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50), Round Hill Road (Route 803) and Retail Boulevard. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 52-A-252 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) South: B3 (Industrial Transition) RA (Rural Areas) East: B3 (Industrial Transition) RA (Rural Areas) West: B3 (Industrial Transition) Use: Orchard & cornrner cial Use: VDOT Facility Commercial Use: Vacant Residential Use: VDOT Facility Rezoning 914-06, Glaize Property December 4, 2006 Page 2 PROPOSED USES: Commercial use REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 803. These routes are the VDOT roadways which have been considered as the access to the property referenced. If Frederick County is satisfied with the amount being offered in Proffer 48 ($10,000.00), then VDOT is satisfied that the revised transportation proffers offered in the Round Hill/Glaize Property rezoning application dated November 21, 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 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: Water supply (i.e., fire hydrants) will need to be addressed when site plan is submitted. Plan approval recommended. Public Works Department: We have completed our review of the rezoning application for the 1.38 acre parcel I.D. #52-A-252 and offer the following comments: 1. Refer to Page 4, Drainage: Offsite drainage easements may be required to accommodate point -source discharges. 2. Refer to Page 4, Solid Waste Disposal Facilities: Correct the first sentence to read the nearest citizens' trash ... is located on Route 809, McFarland Road, which is off Magic Mountain Road. Actually, the proposed rezoning from RA to B2 will required that the cost of solid waste disposal will be the responsibility of the commercial property owner, not Frederick County. The actual impact on the landfill will be insignificant. Frederick -Winchester Service Authority: No comments, is now within SWSA. Sanitation Authority: Should the parcel be brought into the SWSA, the cost of extending service will be the developer's responsibility. Currently, there is water and sewer service on the north side of US 50. Frederick -Winchester Health Department: Health Department has no objection as long as public water and sewer are provided. Refer to items D & E in the Impact Analysis Statement. Frederick County Department of Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon buildout. Rezoning # 14-06, Glaize Property December 4, 2006 Page 3 Historic Resources Adviso Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, 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 Site in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the Second Battle of Kernstown; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: 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, subj ect to the following comments: 1.1 would suggest, for uniformity and easy -reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the enclosed format. This format has been used in all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs are substantive paragraphs of the proffer statement. 3. The second paragraph discusses public water and sewer. It appears that public water and sewer is not currently available to the property. At the end of that paragraph it is stated "See Proffer #1." However, Proffer 41 (the only proffer) does not have anything to do with water and sewer. I would suggest that a separate proffer be added, under the Proffers section, which provides that development of the property shall not occur, and no site plan shall be submitted, until public water and sewer is available to the property. 4. In the third paragraph, instead of the language "development of this property would require the owner to meet the conditions set forth in this document" at the end of the first sentence, I would suggest the following language: "...the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer." S. In the third paragraph, the second sentence should be deleted, and the following should be added to the end of the first sentence (as hereinabove amended): "...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." 6. A paragraph should be added to the initial paragraphs which contain a description of the property, to include a description of the general location of the property, the title owner, the acreage and a citation to the land records (deed book and page number, or instrument number) where the owner of the property acquired title. 7. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. 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. Planning Department: Please see attached letter dated December 8, 2005 from Susan K Eddy, Senior Planner. Rezoning # 14-06, Glaize Property December 4, 2006 Page 4 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Land Use The site is located within the County's Sewer and Water Service Area (SWSA), but outside the Urban Development Area (UDA). The site is within the limits of Phase II of the Round Hill Community Land Use Plan (revised May 10, 2006). The plan calls for commercial development in the Phase I1 area; therefore, the proposed use is supported in the Round Hill Plan. The Round Hill Plan also recommends a number of design features for commercial development along Route 50. This is to minimize visual disruption and keep Route 50 West from becoming a typical commercial strip. The Plan recommends only one freestanding sign for each property. This is to be a monument style sign, with a maximum sign face of 50 square feet and a maximum height of 12 feet. The plan calls for a 20 foot landscaped strip along Route 50. Included within this strip are to be a sidewalk, ornamental shrubs and street trees. The plan also calls for the placement of buildings close to Route 50 with landscaped parking lots in the rear. Staff Note: Along Route SO the applicant has proffered to provide the landscaped strip with sidewalk as called for in the Round Hill Plan. Signage has been limited. The applicant has not committed to placing the building close to the intersection with the parking behind the building. Transportation The Round Hill Plan calls for "a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages the proliferation of entrances along Route 50 itself'. The Plan's standard for this section of Route 50 (which exceeds the Zoning Ordinance Standard) is for commercial entrance spacing of 200 feet. The proposed right -in only Rezoning #14-06, Glaize Property December 4, 2006 Page 5 entrance on Route 50 will be just over 200 feet from the intersection of Round Hill Road. An additional lane will be constructed by the applicant along their frontage on Round Hill Road, and the full entrance on Round Hill Road placed near the southern edge of the property. Route 50 is classified as a minor arterial road. The emerging Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. Staff Note: Improvements to the Route 50 corridor are being pursued by the County and VDOT. These include future road widening and pedestrian signalization at key intersections, such as this one. The applicant has proffered $10,000 towards these improvements. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel identified in this application. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel falls under the Frederick-Poplimento-Oaklet soil association. The predominant soil types on the site is Frederick-Poplimento loam, 14B (2 to 7 % slopes) and 14C (7-15% slopes). The characteristics of these soil types and any implications for site development are manageable through the site engineering process. 4) Potential Impacts A. Transportation A full Traffic Impact Analysis (TIA) was not prepared for this project. The traffic impact analysis prepared for this application assumed a maximum land use intensity of 29,480 square feet of retail use. (This is the worst case scenario as called for in the County's rezoning application.) Using trip generation figures from the I.T.E. Trip Generation Manual, 7th Edition, the proposed rezoning is projected to generate 1,700 average daily trips (ADT). As stated in the VDOT comment, this will have a measurable impact on Routes 50 and 803. The applicant has proffered $10,000 towards Route 50 road improvements. B. Sewer and Water The site is within the sewer and water service area (SWSA). As stated in the comment from the Sanitation Authority, the cost of extending water and sewer service will be the developer's responsibility. C. Community Facilities In recognition of the impacts that may be realized by this development to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $1,000. Rezoning #14-06, Glaize Property December 4, 2006 Page 6 5) Proffer Statement — Dated September 2, 2005 with latest revision dated November 29, 2006 A) Monetary Contribution A contribution of $1,000 has been proffered to Frederick County for the Round Hill Community Fire and Rescue Company. B) Generalized Development Plan (GDP): Dated 11/29/06 The GDP shows the two entrances, the frontage improvements and the sidewalks. C) Restricted Access to Route 50 A right -in only entrance will be provided on Route 50. D) Round Hill Road Improvements A full entrance will be provided on Round Hill Road. The applicant will be constructing a new lane and a sidewalk on Round Hill Road in front of this property. E) Frontage Improvements The applicant will be constructing a curb and gutter along Route 50 and Round Hill Road. F) Design Features Along Route 50, the applicant will be providing a 20 foot landscaped strip with shade trees and evergreen plants. A five foot sidewalk will also be located in that strip. G) Design Features - Signage Signage is limited to one monument sign per development with a sign face not to exceed 50 square feet and a height not to exceed twelve feet. H) Monetary Contribution $10,000 will be provided for Route 50 road improvements. I) Parkin Two rows of parking and a travel lane will be allowed in front of the building. Staff Note: The Round Hill Plan advocates the placement of buildings close to the street, with parking behind the building. STAFF CONCLUSIONS FOR 11/01/06 PLANNING COMMISSION MEETING: The land use proposed conforms to the Round Hill Land Use Plan. The applicant should be fully addressing the design elements of the Plan, specifically the 20 foot landscaped strip outside of the right- of-way and the placement of the building close to Route 50, with the landscaped parking behind the Rezoning #14-06, Glaize Property December 4, 2006 Page 7 building. The applicant should also provide a sidewalk on Round Hill Road and address the wider transportation needs in the Route 50 Corridor. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: In response to the staff s report, the applicant's representative said that the issues raised by the staff were design issues and they would prefer to address those at the site plan stage because, at this point in time, they are uncertain what the uses will be on the site. Members of the Commission stated that this was the first rezoning coming in for this expanded SWSA area and they expected more to follow. They believed the Commission needed to set a standard with regards to what is expected of applicants to meet the design requirements of the Round Hill Land Use Plan. Also, with the recent expansion of the SWSA, it was clearly spelled out what the County expected in the way of right-of-way improvements and standards. Commissioners believed that having the design standards in place was paramount for this property to be rezoned. There were no public comments regarding this rezoning during the public hearing. A motion was made, seconded, and unanimously passed to table the rezoning application for 30 days to allow the applicant to meet with the staff regarding the design elements of the Round Hill Land Use Plan that were expected to be incorporated on this site with the rezoning of the property. (Note: Commissioners Light, Ours and Thomas were absent from the meeting.) STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING: A number of changes were made by the applicant following the 11/01/06 Planning Commission meeting to address concerns raised by the Planning Commission. The commercial land use proposed conforms to the Round Hill Land Use Plan. However, the Round Hill Plan specifically calls for commercial buildings to be sited close to Route 50, with the parking behind the building. The applicant is not proposing this site layout. Following the public meeting, a recommendation bV the Planning Commission to the Board o Su ervisors concernin this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. December 8, 2005 Mr. John Lewis Painter -Lewis, P.L.C. 116 South Stewart Street Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Proposed Rezoning of Glaize Property — Round Hill Dear John: I have had the opportunity, to review the draft rezoning application for the Glaize Property in Round Hill. This application seeks to rezone 1.38 acres from RA (Rural Areas) District to the B2 (Business General) District. Staff's review comments are listed below for your consideration. 1. Round Hill Community Land Use Plan. The site is within the limits of Phase II of the Round Hill Community Land Use Plan. That plan specifically states that "Development of an area would be dependent on the availability of appropriate infrastructure; therefore, the plan does not recommend rezoning land within the community for commercial development prior to the provision of central water and sewer". Water and sewer is not currently available in this part of Round Hill. It would be inconsistent with the Comprehensive Policy Plan to allow this rezoning without the provision of water and sewer. The applicant will need to secure expansion of the Sewer and Water Service Area (SWSA) in advance of this rezoning. As much of Round Hill Phase I has received development approval, it would not be inconsistent with the Round Hill Plan for the County to support such a SWSA expansion. The rezoning itself should guarantee water and sewer service to the site. 2. Round Hill Community Land Use Plan. The plan calls for commercial development in the Phase II area; therefore, the proposed use is supported in the Round Bill Plan. 3. Round Hill Community Land Use Plan. The Round Hill Plan also recommends a number of design features for commercial development along Route 50. These include shared entrances, green space along Route 50, bike and walking trails, screening of parking areas, controlling the size and number of signs, required underground utilities and landscaping. All of these design features should be 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. John Lewis RE: Proposed Rezoning of Glaize Property — Round Hill December 8, 2005 taken into consideration, and may be appropriate as proffers to implement the goals of the Comprehensive Plan. 4. Entrances. The Round Hill Plan calls for "a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages the proliferation of entrances along Route 50 itself-. At present, the site has multiple entrances which are not conducive to safe traffic movements. VDOT will be commenting directly on the engineering and safety aspects of the entrances, but as it exists today, the site is not in conformance with this aspect of the Round Hill Plan. The applicant should consider a layout (presented in the form of a Generalized Development Plan) to improve access management both on Route 50 and on the rerouted Round Hill Road (Route 803). 5. Route 50. As you are aware, road improvements are currently being made to Northwestern Pike (Route 50). The applicant should be prepared to add an additional lane in front of his property to ensure completion of long range transportation improvements. 6. Impact Assessment Statement - Traffic. A complete traffic impact analysis was not provided with this draft rezoning. Trip generation figures were based on 15,000 square feet of medical -dental office building. which the applicant states will be developed. However, unless a specific floorspace and/or use are proffered, the County will have to assume the maximum intensity of development, as per the rezoning application. For a 138 acre B2 site, this would equate to 29,480 square feet of retail. (21,362 square feet of retail use per acre of B2 use) 7. Proffer Statement. The introduction in the proffer statement is unnecessary. The introduction also references a proffer #1 concerning water and sewer service. 1 could not find such a proffer. The County Attorney will be commenting directly on the format of the proffer statement. 8. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, Round Hill 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, Page 3 Mr. John Lewis RE: Proposed Rezoning of Glaize Property — Round Hill December 8, 2005 they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 9. Adjacent Parcels. A list of all adjacent properties, their owners and the owners' addresses are required with the application. Please note that adjacent parcel 52- A -71A (VDOT) is zoned 133, not B2, as stated in the application. 10. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $0.00 public hearing sign fee. Thus, a total of $3,188.00 is due upon submission of the official rezoning application. This is based on fees as of January 27. 2005. Fees may change. 11. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. 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, &Qd4J Susan K. Eddy, A1CP Senior Planner SKE/bad cc.- lv1r. George r- alz ., Ji,., vlaiz ; Real Estate, 30 North Canlcron Street, W-iichester, VA 22601 Frederick county, Rezoning # 14 . 06 Location in the Gqunty Map Features Application :0 Lakes/Ponds — Streams C3 Flooplain Streets 1'14� Primary Secondary j Terciary Winchester City Railroads O Property Lines Landuse ® Urban Development Area SWSA Location in Surrounding Area 0 125 250iil �Oheet f _'j3"Au RCHARD frr' 73.34 acq GWP Lie 52 A E M1 4.9t ac. 1 Round Hili Grossing WINCHESTER WAREHOUSING l Wafmarr 52.A B almart`' 20 A D 28.17 ac. WP, b'r• = y`T 53 ac. CG 52 ACP ``...� 3.43 ac. F `. W41mart 52 A20.53 ac. D f GGWP, LP 2 A M 2.99 c. c Northwester a JJ Q nPike-,�."_ s�4^Q � r:4 First Bank L.a __ v ` IVorthwester, �' I � � n 1.5ac VDOT 52 A 71A 14.32 ac. STONEWALL ORCHARD s2 a ly�ohe 633; ?5. C</NC r d �eSfP`n \ 528�gHOP .. WARD AVeNue 2a,Z54 PERRY 53 A 88 239.92 ac. O'DONNELL 53 A 86 14.54 ac. n mr a. ao. ■■ 1w rti W%R U N N L y j V Ay Rezoning # 14 - 06 Applicati®n Glaize Property Parcel ID: 52 - A - 252 Location in the County 'f0A Application `E 0 Lakes/Ponds LP y •M– Streams Residential Q Flooplain f _'j3"Au RCHARD frr' 73.34 acq GWP Lie 52 A E M1 4.9t ac. 1 Round Hili Grossing WINCHESTER WAREHOUSING l Wafmarr 52.A B almart`' 20 A D 28.17 ac. WP, b'r• = y`T 53 ac. CG 52 ACP ``...� 3.43 ac. F `. W41mart 52 A20.53 ac. D f GGWP, LP 2 A M 2.99 c. c Northwester a JJ Q nPike-,�."_ s�4^Q � r:4 First Bank L.a __ v ` IVorthwester, �' I � � n 1.5ac VDOT 52 A 71A 14.32 ac. STONEWALL ORCHARD s2 a ly�ohe 633; ?5. C</NC r d �eSfP`n \ 528�gHOP .. WARD AVeNue 2a,Z54 PERRY 53 A 88 239.92 ac. O'DONNELL 53 A 86 14.54 ac. n mr a. ao. ■■ 1w rti W%R U N N L y j V Ay Rezoning # 14 - 06 Applicati®n Glaize Property Parcel ID: 52 - A - 252 Location in the County Map Features Application 0 Lakes/Ponds Long Range Lend Use Rural Community Center •M– Streams Residential Q Flooplain <.= Business Streets ® Industrial 44r Primary ® Institutional Secondary --- Recreation Terciary 'Z�' Historic Winchester City ® Mixed -Use y Railroads '21 Planned Unit Development Property Lines Landuse Urban Development Area SWSA �F Winchesfe Virginia L --__I 1oK , coL e -r L_125 250 500eet ` r,EC Proposed Proffer Statement Glaize Property Rezoning Rezoning #: Property: Recorded Owner: 1.38 ACRES PARCEL ID - 52-A-252 Glaize Real Estate Applicant: Mr. George Glaize, Jr. Glaize Real Estate 30 North Cameron St. Winchester, Virginia 22601 Project Name: Original Date of Proffers: Revision Date (s): Glaize Property Rezoning September 02, 2005 January 10, 2006 February 20, 2006 May 24, 2006 September 1, 2006 September 26, 2006 October 4, 2006 October 11, 2006 November 21, 2006 November 29, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painteriewis.com Job Number: 0507007 PROFFER STATEMENT PARCEL ID 52-A-25 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 # k"� - O (o for the rezoning of parcel 52-A-252 from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Monetary contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Fire and Rescue Company, No. 15 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. 2.) Generalized Development Plan The owner agrees to proffer a Generalized Development Plan (GDP) dated 11/29/06 for the purpose of identifying the general configuration of the proposed commercial development and locations of site access. 3.) Restricted Access to Route 50 The owner agrees to install a right in only entrance on Route 50 eastbound, as required by Virginia Department of Transportation. The design of the entrance will be shown on the site plan. 4.) Route 803 Improvements The owner agrees to install a right turn lane, southbound on 803, into the project, as required by Virginia Department of Transportation. Improvements will also include a sidewalk along Route 803, in conformance with Virginia Department of Transportation standards. The improvements to Route 803 will be completed prior to the occupancy of any structure on the property. 5.) Frontage Improvements The owner agrees to provide curb and gutter along the frontage of the site, adjacent to Route 50 and Route 803, as required by Virginia Department of Transportation. The frontage improvements will be completed prior to the occupancy of any structure on the property. 5.1 Design Features The owner agrees to provide a twenty (20) foot landscaped strip on the property running parallel with the Route 50 boundary line of the property. The owner agrees to construct a five (5) foot wide sidewalk running parallel with and contained within the landscape page 2 PROFFER STATEMENT PARCEL ID 52-A-25 strip. The sidewalk will be owned and maintained by the property owner. The sidewalk will be completed prior to the occupancy of any structure on the property. Within the 20 foot landscaped strip, the owner agrees to provide shade trees, one per forty (40) feet of property frontage (totaling six (6)), and evergreen plants to create headlight screening. The landscape features will be completed prior to the occupancy of any structure on the property. 7.) Design Features — Signage The owner agrees to limit freestanding signs to one monument sign, per development, having a maximum size of 50 feet and a maximum height of 12 feet. This will be shown on the site plan as part of the development requirements. 8.) Monetary Contributions The owner agrees provide $10,000.00, for future transportation improvements within the Route 50 right-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 9) Parking The owner agrees that the development of the site will include no more than two (2) rows of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: fZ� ' (George- laize, Jr., ganer) (z /5 /O�, ,, Date City/County of tN `-eA- , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this 5 day of 200 b Nokary Public My commission expires: page 3 ---------------------------------------------------- -'--------- Rl')r VARIES PROFFER -------------------------------------------- EB. U.S. ROUT-' 50 - NORTHMEsTERN Pnw --------------------------- p*or�cn ----�'--------�}------T-- � °� z � LLJ | USE. EXEMPTPIN 52-A-252 PROFFER NPROPOSED ZONE: B2 -If (IDPROPOSED USE: BUISNESS #41.3831 AC.LLJLiZoPL-PLC NADRAWN BY: JOB NO.:CBS 0209017S�ALE: DATE:EXHIBIT #5| PROFFER COMMONWALTH OF WRONIA DEPARTMENT OF D?ANSPOR7-A 77014 #6 P11 511-71A ZONED : 82 ^ � |- � 1 �� <LLJ o � />Ld o mL4j u^ o * * ---------------- zz + ------------------ LJ | ^d < 0!� 1 PIN 52 -A -71A p*or�cn ----�'--------�}------T-- � °� z � LLJ | USE. EXEMPTPIN 52-A-252 PROFFER NPROPOSED ZONE: B2 -If (IDPROPOSED USE: BUISNESS #41.3831 AC.LLJLiZoPL-PLC NADRAWN BY: JOB NO.:CBS 0209017S�ALE: DATE:EXHIBIT #5| PROFFER COMMONWALTH OF WRONIA DEPARTMENT OF D?ANSPOR7-A 77014 #6 P11 511-71A ZONED : 82 Notes: 1. Underground Utilities will be installeda s required by Frederick County and theRound Hill Community Use Plan. * * PIN 52 -A -71A _j ZONED : 62 USE EXEMPT Notes: 1. Underground Utilities will be installeda s required by Frederick County and theRound Hill Community Use Plan. IMv*.,CT ANALYSIS STATEMENT A PROPOSE® REZONING for PARCEL ID - 52 (A) 252 Gainesboro Magisterial District Frederick County, Virginia October 11, 2006 Prepared for: Mr. George W. Glaize, Jr. Glaize Real Estate 30 South Cameron Street Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540)662-5702 email: office@painterlewis.com Job Number: 0507007 OCT 1 3 19,006 IMPACT ANALYSIS STATEMENT PARCEL ID 52 (A) 252 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section pac L 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 6 G. SOLID WASTE DISPOSAL FACILITIES 6 H. HISTORIC SITES AND STRUCTURES 6 I. COMMUNITY FACILITIES 6 J. OTHER IMPACTS, 7 APPENDIX 8 page 2 e IMPACT ANALYSIS oTATEMENT PARCEL ID 52 (A) 252 i. INTRODUCTION George W. Glaize, Jr., Trustee (the applicant) is the owner of a parcel of land located at flie intersection of Route 50 and Route 803 in Frederick County, Virginia. The parcel is identified in the tax records of the county as TM# 52-A-252. The parcel contains 1.38 acres. The parcel is currently zoned RA (Rural Areas District). The current development occurring near the subject property makes the site more suitable and valuable for commercial use. The owner is requesting to rezone the property from RA, Rural Areas District to B2, Business General District. The Frederick County Comprehensive Plan calls for commercial development in Phase II of the Round Hill Rural Community Land Use Plan area; therefore, the proposed use is supported in the development plan. Road construction is currently underway to realign the intersection of Rt. 50 and Round Hill Rd. (Rt. 803) to the eastern boundary of the subject parcel. A 200 foot turn lane is also being constructed across the frontage of the parcel for vehicles turning onto the new Round Hill Rd. from Rt. 50 east bound. A. SITE SUITABILITY The subject parcel lies within Phase II of the Round Hill Rural Community Land Use Plan study area, see Exhibit 4. The Frederick County Comprehensive Plan states that any residential development in this phase of the study area should be avoided in favor of commercial development. The current state of the immediate area would also indicate that the time for the rezoning and commercial development of the parcel is appropriate. In order to address the intent of the Round Hill Rural Community Land Use Plan, the applicant agrees to proffer a Generalize Development Plan to address business use, access management, green space, and vegetative screening. (See Exhibit #5). With the completion of the realignment of Rt. 803, Round Hill Rd. and Route 50, the subject parcel will be located on the southwest corner of the Rt. 50 and Round Hill Rd. (Rt. 803) intersection. The parcel is bordered to the north by the Rt. 50 east bound lanes. The parcel directly across the highway from the subject parcel is TM# 52-A-13 and is owned by Winchester Warehousing, Inc. The parcel is bordered to the south, east, and west by TM# 52 -A - 71A, owned by the Commonwealth of Virginia Department of Transportation. This parcel is zoned B-2 and is used for the housing and maintenance of state highway department vehicles and other items essential to their operations. Please see Exhibit 1 for site layout. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on the site. page 3 IMPACT ANALYSIS STATEMENT PARCEL ID 52 (A) 252 STEEP SLOPES The property generally slopes to the southeast toward the area of the construction for the new Round Hill Rd. The slopes are gentle ranging from 2-10%. Storm water runoff will discharge into a storm sewer and drainage ditch system being constructed along with the new alignment of Route 803, Round Hill Rd. MATURE WOODLANDS There are no mature woodlands located on this site. The property has been cleared and graded for the two existing residences. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Frederick-Poplimento Loams: 14B (2-7%) and 14C (7-15%). These soils are part of the Frederick-Poplimento-Oaklet association which are gently sloping to very steep, very deep, well -drained soils formed in material weathered from limestone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications for the soils are: GM, GC, ML, CL, CH, SM, and SC. B. SURROUNDING PROPERTIES The parcel to be rezoned is currently bordered to the east, west, and south by TM# 52- A -71A, owned by the Commonwealth of Virginia Department of Transportation. This parcel is used for the maintenance and storage of state highway department vehicles, equipment, and other items essential to their operations. This parcel is zoned B2. Upon completion of the new Round Hill Rd. (Rt. 803) the site will be bound to the east by the Round Hill Rd. right-of-way. The site is bound to the north by the east bound lanes of Rt. 50. Directly across Rt. 50 is a 28.74 acre parcel of land (TM# 52 -A -B) owned by Winchester Warehousing, Inc. This property is zoned B2. See Exhibit 1. The Winchester Warehousing property was recently subdivided from approximately 68 acres to the current 28.74 acres. The eastern portion of the property was sold to Wal-Mart Properties and is currently being developed. This is the location of the new Wal-Mart Supercenter. Surrounding properties are shown on Exhibit 1. C. TRAFFIC The subject parcel in this rezoning request is located on Route 50 eastbound just west of the Winchester City limits in Frederick County. The roads adjacent to the parcel are currently being upgraded to handle increased traffic flow due to the construction of the new Wal-Mart Supercenter and proposed future commercial growth. More specifically, Route 803, Roundhill Road, has been redesigned and has been constructed to intersect with Route 50 at the eastern boundary of the subject parcel. As required by Virginia Department of Transportation, access to the site from Route 50 will be limited to a right in only entrance (Proffer 3); a right turn lane will be added to Route 803 to access the page 4 IMPACT ANALYSIS ,TATEMENT PARCEL ID 52 (A) 252 site (Proffer 4), and frontage improvements, to provide curb and gutter, will be completed on Route 50 and Route 803 (Proffer 5). A right turn lane has been constructed across the length of the parcel frontage on Route 50 eastbound to serve traffic turning from eastbound Route 50 onto Roundhill Rd. The intersection of Route 50 and Route 803 is a signalized intersection. See Exhibit 1 for existing and proposed road layouts. The latest traffic analysis of the area shows that the current daily average number of vehicles on this section of Route 50 is 17,000 vehicles per day. The daily average for Route 803, Roundhill Road, is 1,200 vehicles per day. This information is from the traffic data published by the Virginia Department of Transportation on their website. This data is dated 2004. 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 a mixture of medical -dental office and retail. This location is situated in close proximity to the Winchester Medical Center. Since the future use is unknown, we have selected land use 815, Free-Standinq Discount Store as a worst case to model the traffic count for the site. The ITE Trip Generation Manual describes the Free-Standinq Discount Store use as various discount stores with off-street parking, centralized cashiering, a wide variety of products, and typically open 24 hours a day and 7 days a week. The parcel contains 1.38 acres. According to the Frederick County staff, the parcel can support approximately 29,480 square feet of commercial space. Free-Standinq Discount Store, Code 815 Based on a projected gross leasable area of 29,480 square feet: ■ Weekday: 56.02 trips per 1000 sf = 1651 trips • Weekday A.M.: Peak Hour: 5.27 trips per 1000 sf = 155 trips ■ Weekday P.M.: Peak Hour: 5.43 trips per 1000 sf = 160 trips ■ Saturday: 71.19 trips per 1000 sf = 2098 trips ■ Sunday: 54.90 trips 1000 sf = 1618 trips D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. page 5 IMPACT ANALYSIS oTATEMENT PARCEL ID 52 (A) 252 E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. F. DRAINAGE The site is located near the top of a localized drainage area, there is a high point along the western boundary of the site. Therefore, the site experiences very little offsite drainage. The surface water will generally drain to the southeast towards the construction of the new Round Hill Rd. It is assumed that a ditch system will be built along with the new Round Hill Road that should take the water coming from this site into consideration. Development of this site is not expected to greatly affect the amount or velocity of runoff. Considerations for the need of a stormwater management system will be made when specific development plans are created and submitted. G. SOLID WASTE DISPOSAL FACILITIES It can be assumed that the tenant on each lot will use dumpsters to service the needs of that particular business. It would therefore be of the responsibility of the individual lot owners to pay for the removal of the solid waste accordingly. 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 seven identified historic sites, one being a potentially significant site, shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. The potentially significant site is Walnut Grove. The remaining identified sites include Linden, the Old Hoover Place, a Folk Victorian Farmhouse on Route 50, a Farmhouse on Route 50, and the Baker Orchard House. The location and proximity to the subject parcel can be seen in Exhibit 2. 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. IMPACT ANALYSIS oTATEMENT PARCEL ID 52 (A) 252 I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Fire Company located on Northwestern Grade. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $00.00. 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 $00.00. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: v Public Library - $00.00; v Schools - $00.00 v Sheriff's Office - $00.00; v Administration Building - $00.00; v Other Miscellaneous Facilities - $00.00. After adjustments for tax credits, the net capital facilities impact is $00.00. page 7 0 .. _ WINCHESTER. WAREHOUSING; INC. _ .. '. _ .. OBIIN 03=16328 ZONED :- 82 .2.. t cu", e —�W NOY d f - _ u N O W U -wB , �_ a � US 24h Ix ROUTE V 60 `�� `% -r I W W C - AR/E'g 1VORTy6yE5 %- - hI w W ' J 3 77 -77 5w- V'4Rz' '!YORT1� ES _W :77 - Y ' C J ' ❑ �x r y _ E r 3 s 1 N C: R MOE 7N 1 Q _ m ami ti s p T PRAN5P GlN o o_ o c OF •r ' �ZO�A9tA R7 Ask, c � c o^'o 22 USE EXESfP7 � in > � u�i u CL te E O Lu y .O oW _• RCP . — L_ �rY ury L /L1i. 0� J - DE_ AR71 EN*A11N OF. - ENr OF-A7SPOR A/nOry -I PIN 52 USE EEXEM TA l7 q7 SURVEY: CA.: _ NA NONE \ 100 0 100Is ; \ \ \ DRAWN BY: JOB NO.: `y . - ` RD 0507007 \ SCALE: DATE: Scale 1' = 100 ft - _ / \ \ ``\\ 1.=100' 08/31/05 7 / SHEET: / ` Ex.1 0 Q HISTORICAL PROPERTY KEY N 097 - UNLISTED 098 - WALNUT GROVE" N 346 - LINDEN Z 467 - OLD HOOVER PLACE Q Z =O 469 - FOLK VICTORIAN FARMHOUSE - RT. 50 ck= I Z( 470 - FARMHOUSE - RT. 50 W N 0 1381 - BAKER ORCHARD HOUSE IL Ltd N Ir�Q�Fr NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT IZ. :m Ld SITE AS DENOTEDBY THE RURAL LANDMARKS W SURVEY REPORT OF FREDERICK COUNTY N W (' Q g 1L 0 d CU �a�0 V i ` N � ^ N tnN �L N N I Wa) -0, o N>"v© L N U 7 C N w E 0 v) N t CL W .. (D t N U F C ~ L2 0 Z 3 W a IL �V) z " JW W Z Z Z W SURVEY: C:L: NA NONE DRAWN BY: JOB NO.: 1200 0 1200 SEM 0507007 SCALE: DATE: 1"=1200' 08/23/05 SHEET: EX. 2 Scale 1' = 1200 ft 4 Frederick Caun-ty Planning S Developnent Civil War Battlefields and Sites ' Vnch—t." VirBinlo 4t�: (As Defined by the NPS Shenan aah Valley Civil War Sites Study) 12-10-97 ROUND HILL COMMUNITY LAND USE PLAN Total Study Area 1180 Acres Phase 1 2 3 Area 110 ac. 180 ac. 300 cc. Water/Sewer Service Area oomoo Proposed Collector Roods ®` Community Center Boundary '".. Proposed Community Center Addition Proposed Traffic Signal r-d,mk Cowty %em�ng 6 Devebpn=nt V"hce ter. Vvgwu June 1996 OCT 6 "BOE) REZONING APPLICATI0IN FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff:-� Fee Amount Paid $ lJ Zoning Amendment Number Date Received 1 a to 0 PC Hearing Date, t � .r . /3z–F 1305 Hearing Date' ,+ � 7c 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: Ia i i`) oer - Lav i S PLC Telephone: Address: 1(b Vj . Sir-1rrt lav i n c -f, e�S t -e r, VA 5? ,� Uo t 2. Property Owner (if different than above) Name: qeo rqc V C i Cl I ze J -r Telephone: :5 c/o - � (e) - -90 S Address: 30 5 Ut i!�Y) (fi,-O v1 St Lam' t t� C;t� es ►�, VA ot'A tco 1 3. Contact person if other than above Name: V,/f-S Telephone: 4. Checklist: Check the following items that have been included with this applicatign. 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: &�O' MC kN, - (� l Ct 17-(f 1, J r 6. A) Current Use of the Property: � A — y 0 co rd B) Proposed Use of the Property: �� Bus[ ness (5c" evzA ,J S' Wtct 7. Adjoining Property: PARCEL ID NUMBER USE Vow t) f VV, -,T C1"t mtCOOI2CC 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): Rc'1te 5O ani (-ink ersecfion ) 12 9. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: 10. Signature: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection 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): �. Date: Date: Owner(s):�^:- Date: Date: 13 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. Name and Property Identification NumberF� Address Name Ull1 i t lC %1eSle (ti (A dx' L rx y -)c ! p -C). i3o'� (c �V '1 61L�1�5 i , V A Property # ✓�` ' Name 00 rig mon til ea { �l C I �i i^ /l� �C Ll C) Property# Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 14 02/22/2006 08:42 5406625793 PAINTERLEWIS PAGE 02 Special Limited Power of Attorney County of Frederick, Virginia Plaiinzng -Qfhee, County of y ederick, Virginia, 107 North Kont Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665--1i95 Know All Men By These Presents: That X (We) (Narne) George W Glaize, Jr (Phone)540-662-5058 (Address) 30 S Cameron Street Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ('Troperty") conveyed to me (us), by deed recorded in. the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Tzstrument No. on Page , and ie described as Parcel,,�5o� LotQ2o; Block: _,G Section: �J Subdivision: do hereby make,. constitute and appoint: (Name) P Omr- Lew i s ® � f L ' C_ (Phone)540 _'Wa - 5W7. (Address) It 10 5 5teW(lV-t St; W 1 nChester, VA a (001 To act as my true and lawful attorncy-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 plarming applications for my (our) above described Property, including: 2" Reaoning (]including profilers) El Conditional Use Permits ❑ Master Developmeiut Playa (Preliminary and Final) ❑ Subdivision ❑ Site plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. �� In witness thereof, I (we) have hereto set my (our) band and seal this r day of C°� , 200 ((1, Signa Statg-of Virginia, City/Ge off /� 1��at��,� rl:'7 n , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) ]mown to me, personally appeared efore me and has aclmowledged the same before mein the jurisdiction aforesaid this t day of ; ,2.L,� 200 6,, My Commission Exp res, / Notary Pu`bfic_ pj� Lk,� �fffifFt�tt�t`` 380' ± TO ROUTE 803 LEGEND RF — IRON ROD FOUND PF — IRON PIPE FOUND FLOOD NOTE_.' ?ONE C ,OMMUNITY NO.: 510063 'ANEL• 0115 B )A 7F 07-17-78 PIN 52-A-- COMMONWEALTH Or VIRGINIA, DEPAR'l.,NT OF TRANSPORTATION DB 837 PG 1538 - ZONING: B2 - USE: EXEMPT N 7J:5.954' W 247.00' PIN 52—A —252 1.3831 ACRES ZONED: N IISE: RESIMYnAL . I Iw L -7i u I� J w EXISTING DWELLING ` o TO BE REMOVED EX1572MG DWELLING TO BE REMOIVED _ I -- S 73:5954-,E 241.00' U.S. ROUTE" 50 N NORTHWESTERN P/KE VAR/ABLE WIDTH R/W AREA TABULA 77ON ORIGINAL PIN 52—A-252 32,750 SO FT. GACA TION OF PIN 52-A-253 27,500 SO. FT. ADJUSTED PIN 52-A-252 60,250 SLI. FT. OR 1..3831 ACRES ],�' GRAPHIC SCALE ,�0 -s's- 50 0 25 50 100 NO 777LE REPORT FURNISHED. I '-- PROPERTY IDEN77FICAPON NO. 52—A-252 & 253 EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON 771IS PLAT. - 1 inch = 50 ft. THE BOUNDARY INFORMA 7701V SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SUR IiEY MADE V MARCH 17, 2005 AND ORI£N7 D TO A PLAT DA7ED AUGUST 1, 1961 BY LEE A. EBERT, LS. VD A PLA T DA 7FD NO MEMBER 25, 1994 BY H. BRUCE EDENS, L. S. i FLA T OF CONSOLIDA TION OF THE LANDS OF GEORGE W. GLAIZE, JR. PROFI T SITAR/NG TRUS% INSTRUMENT NUMBER 040025400 IN57RUMENT NUMBER 050002093 GAINESSORO MAGISTERIAL D1577FICT FREDERICK COUNTY t9RGINIA MARCH 29, 2005 ID 6837A TH OF Irr • 4;� 1AWg—e ouIA06 7 0197zg��s 4 SHEET 2 OF 2 " +*++t' l DAF 380' f TO ROUTE 803 PIN 5' -71A 1H OF VIRGINIA, DL aRTMENT OF TRANSPORTATIOP' DB 837 PG 1538 �PF N 735954'_W 110.00' N 735954" W 131.06 THB P/N 52-A -25� 32, 750 SO FT. 1 1 0 0 N 1� 1� 0 0 0 G/JE STO/�Y Zt BR/CK &FRAME I f 126'120 DWEUING p2255 RICK WAIL 35.0' ' 21.9" f0.3' 45.5 �� La i m3 N 24.5'"5.9' I Dv� ! (CARPORT WCo 'amp ASPHALT ; ' DRIVEWAY I I �S X359 54 "" E 110.00' IRF ; S 73:5.9:54 " E ' I U.S. ROUTE 50 ,v NORTHWESTER VAR/ABLE WIDTH R/W P/N 52-A -253 1 27, 500 SQ. FT. 1 1 t o o 0 h � N ry �1 31 of pl 0 0 0 0 �IBREEZEWAY DECK � 12B' ; 523' 1,26.0' 1 GARAGE � 2' 0 11 1 43.9 34.9' � 1 m I 3' PORCH ONE STORY 17•Z & FRAMES Qa ;DWELLI LEGEND IRF — IRON RDD FOUND IPF — IRON PIPE FOUND IRB — TELEPHONE RISER BOX FL DOD NOTE WC- WELL CAP ZONE C MLP - METAL LIGHT POLE COMMUNITY NO.: 510063 2Z- WOOD U77LITY POLE PANEL: 0115 3 —�-- OVERHEAD U77L/TY UNE DATE- 07-17-78 NO%-tS• GRAPHIC SCALE 1_ NO 717ZE REPORT FURNISHED. 0 0 zs 50 100 2_ PROPERTY /DENT7F7CA770N NO 52—A-252 & 253 * EASEMENTS MAY EXIST TrYAT ARE NOT SHOWN ON THIS PLAT. i Inch = 50 ft - 4 t4_ THE BOUNDARY INFORUA77OV SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURREY MADE ON MARCH 17, 2005 AND OP,IE7V7FD TO A PLAT DA7FD AUGUST 1, 1.961 BY LEE A. ESfRT, LS AND A PLAT DA7FD NOIENBER 28, 1994 S H. BRUCE EDENS, L.5 BOUNDARY SURVEYTH OF OF 777'E LANDS OF ,�•o 1�� GEORGE W. GLA/ZE, JR. PROFIT SHARING TRUST� INSTRUMENT NUMBER 040025400 Do g as C. L� g6 /NS7RUMENT NUMBER 050002093 No. 01 97 GA/NESBORO MAGISTERIAL DISI7RICT /0 FREDERICK COUNTY, 19RGINIA AK. L 4 MARCH 21, 2005 9'yD sUR`IE�o ID 6837BDS DAF NG ,¢'22430 ; LEGEND IRF — IRON RDD FOUND IPF — IRON PIPE FOUND IRB — TELEPHONE RISER BOX FL DOD NOTE WC- WELL CAP ZONE C MLP - METAL LIGHT POLE COMMUNITY NO.: 510063 2Z- WOOD U77LITY POLE PANEL: 0115 3 —�-- OVERHEAD U77L/TY UNE DATE- 07-17-78 NO%-tS• GRAPHIC SCALE 1_ NO 717ZE REPORT FURNISHED. 0 0 zs 50 100 2_ PROPERTY /DENT7F7CA770N NO 52—A-252 & 253 * EASEMENTS MAY EXIST TrYAT ARE NOT SHOWN ON THIS PLAT. i Inch = 50 ft - 4 t4_ THE BOUNDARY INFORUA77OV SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURREY MADE ON MARCH 17, 2005 AND OP,IE7V7FD TO A PLAT DA7FD AUGUST 1, 1.961 BY LEE A. ESfRT, LS AND A PLAT DA7FD NOIENBER 28, 1994 S H. BRUCE EDENS, L.5 BOUNDARY SURVEYTH OF OF 777'E LANDS OF ,�•o 1�� GEORGE W. GLA/ZE, JR. PROFIT SHARING TRUST� INSTRUMENT NUMBER 040025400 Do g as C. L� g6 /NS7RUMENT NUMBER 050002093 No. 01 97 GA/NESBORO MAGISTERIAL DISI7RICT /0 FREDERICK COUNTY, 19RGINIA AK. L 4 MARCH 21, 2005 9'yD sUR`IE�o ID 6837BDS DAF