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PC 08-03-05 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia August 3, 2005 7:00 P.M. CALL TO ORDER TAB 1) June 15, 2005 Minutes..................................................................................................... (A) 2) Committee Reports...............................................................................................--- (nn tah) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning 904-05 for Senseny Village, submitted by Greenway Engineering, to rezone 49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09 acres from RP (Residential Performance) District to RP (Residential Performance) District with Proffers. This 73.79 acre site is located on the south of Rossum Lane (Route 736) and Twinbrook Circle (Route 867), in the Red Bud Magisterial District, and is identified by Property Identification Numbers (PINS) 65 -A -49B and 65-A-55. Mr. Ruddy........................................................................................................................ (B) 5) Rezoning #12-05 for Villages at Artrip, submitted by Dewberry, to rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for the proposed mixed use development of 905 Residential Units and Retail, Restaurant and Office Uses. The property is located one mile west of Interstate 81, three quarters mile north of Tasker Road (Route 649), 150 feet north of Fair Lawn Court (Route 1176), and west of Canter Estates Section V, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 75 -A -99A. Mr. Ruddy........................................................................................................................ (C) PUBLIC MEETING 6) Master Development Plan #10-05 for Stonewall Plaza, submitted by Greenway Engineering, for Shopping Center and Retail Service Uses. The property is located along the Route 522 Corridor, next to the existing Trex Center and Darville Subdivision in Sunnyside, and is identified with Property Identification Number 42 -A -198H in the Stonewall Magisterial District. Ms. Perkins...................................................................................................................... (D) 7) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 15, 2005. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; June M. Wilmot, Shawnee District; Cordell Watt, Back Creek District; George J. Kriz, Gainesboro District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; Lawrence R. Ambrogi, Legal Counsel. ABSENT: John H. Light, Stonewall District; Charles E. Triplett, Gainesboro District; David Shore, City of Winchester Liaison. STAFF PRESENT: Mark R. Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planner; and Beverly Dellinger, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Manuel and seconded by Commissioner Thomas, the Planning Commission minutes of May 18, 2005 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Kriz reported that the Board of Supervisors sent the Rural Areas Study information back to subcommittee for revisions and Senior Planner, Susan K. Eddy, did a fantastic job of rewriting the information, although the CPPS was not entirely pleased that changes had to be made. He said the UDA Study Group is actively meeting and pursuing their study; the CPPS also discussed the Comprehensive Plan amendments. Frederick County Planning Commission Page 1538 Minutes of June 15, 2005 -2 - Transportation Committee CommissI ner Straub reported that the Transportation Committee talked about the Road Improvement Plan and heard requests from the public on whether specific roads were eligible for paving; they also looked at the 1-81 corridor with regards to endorsing rail access. CITIZEN COMMENTS Request for No Thru-Trucks in Brucetown Ms. Kathy Whittier, a resident of the Stonewall District, stated that a group of residents from Brucetown appeared before the Commission in 2003 and requested No Thru-Truck status through Brucetown. Ms. Whittier said that the residents along Charlestown Road had been granted a similar request, however, the Brucetown request was denied because an alternate route was not available at that time. She said that Rt. 761 (Charlestown Road) has now been re -opened, and the citizens of Brucetown would like to have their request considered again. She said that the Brucetown residents are becoming weary of the large trucks speeding through the town with no regard for the speed limit. Support for Mr. Fuel Truck Facili Mr. David E. Dovell came forward and introduced himself as a Frederick County tax payer and a truck driver. Mr. Dovell spoke in support of the Mr. Fuel truck facility proposed for Clearbrook. He believed Clearbrook was a good location for the facility and he thought an additional truck stop would relieve some of the congestion at the Flying J facility. Mr. Dovell said he has already had to wait 30-45 minutes to get fuel at Flying J. He told the Commission about the closing of a couple fuel truck stops in surrounding counties and he noted that the number of facilities available to get fuel is dwindling. Mr. Dovell commented that Frederick County needs the business and industrial use to build a tax base. Mr. Dovell requested that these issues be considered, rather than basing a decision on someone's inconvenience. AMENDMENT TO AGENDA Chairman DeHaven announced that both Item 47, the David Shore application for Anthony Cook, and Item #8, the Deborah Dorman Dutcher application, have been temporarily withdrawn by the applicants and will not be considered by the Commission at this evening's meeting. Frederick County Planning Commission W Page 1539 Minutes of June 15, 2005 -3 - PUBLIC HEARING Consideration of a request by Patton, Harris, Rust and Associates to include approximately 79 acres of land into the Sewer and Water Service Area (SWSA) and approximately 57 acres of said land into the Urban Development Area (UDA). Also, the consideration of a proposed Tasker Woods Land Use Plan (TWLUP); this plan would become an element of the Comprehensive Policy Plan. The properties are located north of Tasker Road (Rt. 642), east of Macedonia Church Road, and west of Route 522. The subject properties are identified by P.I.N.s 76-A-49 and 76 -A -48A in the Shawnee Magisterial District. Action — Recommended Approval Senior Planner, Susan K. Eddy, stated that when this application previously came before the Planning Commission as a discussion item at the May 4 meeting, a much wider area was being studied; however, not all of the parcels in that wider area had been assigned a future land use. She said that later, when the Board of Supervisors considered this as a discussion item at their May 25 meeting, they were only willing to send forward the two parcels for public hearing. She said that although the Board agreed that a wider study area was appropriate, they referred the wider area plan back to the CPPS and the Planning Commission for further study. Ms. Eddy said that consequently, just the two parcels are being considered this evening for UDA, SWSA, and Land Use Plan components. Ms. Eddy next briefly reviewed the contents of the proposed land use plan. The main points of Ms. Eddy's presentation included: Both the SWSA and the UDA boundary are recommended for extension and the proposal includes a mix of commercial and residential uses; the commercial uses are proposed for the southern portion of the study area, below the intermittent stream, and strip commercial areas are to be discouraged; the plan recommends that the SWSA be extended to cover the designated commercial area, but not the UDA, as that would imply residential development; the plan calls for a well-designed park and open space system for both active and passive recreation; the applicant indicates their intention to work with representatives of the Macedonia Methodist Church on an open space site for the area; the Eastern Road Plan designates Tasker Road and White Oak Road as improved major collector roads, and shows a new major collector linking White Oak Road and Macedonia Church Road with Rt. 522; the proposed LUP states that the provision of this major collector road would be the responsibility of the developers; similarly, a signalized intersection is proposed here, also the responsibility of developers in this area; the plan calls for a new minor collector road, which series to connect the residential portions of the development with the commercial, and also to provide an alternative future access for the parcels along Rt. 522; an inter- connected system of multi-purpose trails and sidewalks are proposed and because the Tasker Woods area is in a prominent location on Rt. 522, heightened designed standards have been included in the proposed plan. Ms. Eddy stated that a recommendation from the Planning Commission on the UDA and SWSA expansions and on the Tasker Woods Land Use Plan is sought. Commissioner Thomas inquired about the proposed methods to discourage strip commercial areas. Ms. Eddy replied that since this is a long-range LUP, any proposed applications showing strip commercial development would not be consistent with the Comprehensive Policy Plan. Commissioner Gochenour asked about the advertising and public notification procedures. She also inquired why a SWSA and UDA expansion was being considered while the subcommittee was in the middle of their UDA study; she believed the subcommittee needed to reach the conclusions of their study before new applications were considered. Ms. Eddy explained that this was a 2004 Comprehensive Policy Plan amendment request and the BOS had designated it for further study. Frederick County Planning Commission Page 1540 f Minutes of June 15, 2005 t h }tt}EE -4 - Mr. Clay Athey, representing the applicant, Alden, LLC, stated that Mr. Allen Hudson, the managing partner of Alden, LLC and owner of the Eastgate Shopping Center, south of Tasker Road, has made a long-term investment in the community by bringing industrial and commercial projects to Frederick County. Mr. Athey explained that Mr. Hudson originally intended to use this property for industrial expansion. However, after speaking with the neighborhood residents, the Reverend Jason Dooley of Macedonia Methodist Church, and members of the Canter Estates homeowners Association, h 1tcalTed +hle resld&e -w YweerVn not eager to have additional industrial sites across from their church and near their neighborhood; they preferred that future development be residential. As it became clear that the proj ect would move forward in this manner, it was placed back on the agenda for consideration. He said the proposal they sent to the CPPS was for two parcels; however, the CPPS wanted to look at the entire 183 acres. Mr. Athey said the CPPS had some difficulty designating a land use for some of the parcels during their study. Furthermore, when it came to the Commission for discussion, a number of adjacent property owners were concerned that their properties would be rezoned. Mr. Athey said the Board of Supervisors recognized the project had support from the surrounding community and agreed to move forward with a public hearing on the 80 acres and to send the remaining 100 acres back to CPPS for further discussion. Mr. Athey projected approximately 57 acres of residential. He said the rezoning process will also include plans for a park area across the street from Macedonia Methodist Church, which can be used by the church and community residents, but will not be the responsibility of Frederick County. Mr. Athey said a transportation plan was also designed to meet the recommendations of the Comprehensive Policy Plan in this area and to provide access to the parcels along Rt. 522. He said the remaining parcel, which will be south of the residential portion and front Tasker Woods, is intended for commercial use, which is also consistent with the concerns expressed about additional commercial development in Frederick County. Mr. Charles W. Maddox, Jr., of Patton, Harris & Rust, the design engineers for the project, pointed out that the proposed roadway will provide a substantial buffer against the frontage parcels along Rt. 522. He commented that the multi -family use would be compatible with business, industrial, or residential. Commissioner Morris asked Mr. Maddox if the proposed road would be accessible to the property owners to the east; he was concerned about right-of-way and access issues. Mr. Maddox said the road would front on their rear property lines. Mr. Maddox did not foresee any right-of-way or access issues Commissioner Gochenour asked if the road would connect with White Oak. Mr. Maddox replied yes; his intention was to provide a straight connection between Tasker and White Oak. He said the road created on this plan provides suitable length, curves, and a lower speed limit so that it is not convenient for someone who wants to go north on Rt. 522 to try to take a short-cut through here. Chairman DeHaven next called for public comments and the following persons came forward to speak: Reverend Jason Dooley, pastor at Macedonia Church and a homeowner in the Canter Estates community, favored primarily residential uses for the development of Tasker Woods. Rev. Dooley was opposed to industrial use because of the truck traffic it would create through their neighborhood and concern for the safety of neighborhood children. He said the church is in the process of adding a preschool and the driveway for the preschool is very close to the proposed new road. Rev. Dooley was also concerned about how industrial development might affect Macedonia Church's role within the community as a helper in community development and in providing a connection between long-time residents and newcomers to the community. Frederick County Planning Commission Page 1541 Minutes of June 15, 2005 k -5 - Mr. Harry Newman, a resident and homeowner at 115 Maverick Court in Canter Estates, and a member of the Board of Directors of the homeowners association of Canter Estates, echoed Pastor Dooley's comments. He believed that mixed development was the ideal way to proceed with this particular parcel of land and that residential use should be placed next to the existing residential area. He said the neighborhood residents would prefer to have residential use rather than heavy industrial. Mr. Newman mentioned Macedonia Church's plans for a preschool and he mentioned the Armel Elementary School to the north. Mr. David DeBay, adjoining property owner, raised the issue of storm water runoff. He was concerned that if the area was developed with considerable amounts of asphalt, the lower corner of his property, as well as his neighbor's property, would be flooded. Chairman DeHaven explained to Mr. DeBay that a preliminary storm water management plan should be available for examination during the rezoning stage of development. Since everyone who wished to speak had been given the opportunity to do so, Chairman DeHaven closed the public comment portion of the meeting. Commissioner Morris moved for approval of the Tasker Woods LUP as presented, as well as the subsequent UDA and SWSA expansions. This motion was seconded by Commissioner Thomas. Commissioner Gochenour thought the plan presented was a good one, but the timing for it was not so good. She believed the UDA Study currently being conducted by the subcommittee needed to be finished before any SWSA or UDA applications for expansion are considered Commissioner Straub concurred with Commissioner Gochenour's comments. She said that although this seemed to be an appropriate location and she liked the commercial aspect, as well as the housing mix, the timing was a big factor for her. She commented that the Planning Staff recently presented 11 applications for proposed amendments to the Comprehensive Policy Plan and within the next month, the Commission and the Board will be making decisions on all of these applications. In addition, she said the UDA Study that is currently in progress. Commissioner Straub said that she liked the proposal, but she was not sure it was the right time for it to happen. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the Tasker Woods Land Use Plan (TWLUP), which would become an element of the Comprehensive Policy Plan, and does hereby recommend approval ofthe request presented by Patton, Harris, Rust and Associates to include approximately 79 acres of land into the Sewer and Water Service Area (SWSA) and approximately 57 acres of said land into the Urban Development Area (UDA). The vote was as follows: YES (TO RECOMMEND APPROVAL): Wilmot, Manuel, Kriz, Ours, Thomas, Morris, Unger, Watt, DeHaven NO: Gochenour, Straub (Commissioners Light and Triplett were absent from the meeting.) Frederick County Planning Commission Page 1542 Minutes of June 15, 2005r P Im AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, BY THE REMOVAL OF SECTION 48.9 ADVERTISING SPECIALTIES -WHOLESALE. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Development Review and Regulations Subcommittee (DRRS) discussed the removal of Section 165-48.9, Advertising Specialties - Wholesale, of the Zoning Ordinance at their meeting of April 28, 2005. Mr. Cheran said that the DRRS agreed that since this use is no longer permitted in the B2 (Business General) Zoning District, it may be eliminated from this section of the Code. appropriate. There were no public comments. No issues of concern were raised by the Commission and they believed the amendment to be Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, by the removal of Section 48.9, Advertising Specialties -Wholesale. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONII+IG, SECTION 165-48.9 BY THE ADDITION OF INTER -PARCEL CONNECTOR STREETS. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, stated that at the April 28, 2005, meeting of the Development Review and Regulations Subcommittee (DRRS), committee members discussed an amendment to insure that inter -parcel connector streets are developed between adjoining parcels located in the County's residentially -zoned districts. There were no public comments. Commissioner Morris asked if a waiver allowance had been provided for special circumstances, such as when two developments could not be connected. Also, Commissioner Straub asked about gated communities. Mr. Cheran replied that a waiver allowance had been provided for those cases. Chairman DeHaven said that he viewed this amendment as making sure connections are enabled where they might be useful, as opposed to being required across the board. Commission members believed the amendment was appropriate. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, Frederick County Planning Commission Page 1543 Minutes of June 15, 2005 1 I -7 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Section 165-48.9, by the addition of Inter -Parcel Connector Streets. OTHER COMPREHENSIVE POLICY PLAN AMENDMENT PROPOSALS Senior Planner Susan K. Eddy provided the Commission members with their 2005 Comprehensive Policy Plan Amendment Proposals package. Ms. Eddy said that a date has not yet been scheduled for a work session, but she anticipated it would be in July. UDA WORKING GROUP ANNOUNCEMENT Senior Planner Susan K. Eddy announced that Mr. Jessie Moffett from the Frederick - Winchester Service Authority will be the featured speaker at the UDA Working Group meeting to be held next Tuesday, June 21, 2005, at 11:00 a.m., in the Planning Department's Conference Room. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 7:50 p.m. Resnectfiilly submitted Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 1544 Minutes of June 15, 2005 n I 3 �F n u REZONING APPLICATION #04-05 SENSENY VILLAGE Staff Report for the Planning Commission Prepared: July 21, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/03/05 Pending Board of Supervisors: 08/24/05 Pending PROPOSAL: To rezone 49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09 acres from RP (Residential Performance) District to RP (Residential Performance) District with Proffers (73.79 acres) LOCATION: South of Rossum Lane (Route 736) and Twinbrook Circle (Route 867) of the Senseny Road corridor. MAGISTERIAL DISTRICT: Red Bud PROPERTY IB NUMBERN: 65 -A -49B, 65-A-55 PROP ERTV ZONING: RA (Rural Areas) District and RP (Residential Performance) District PRESENT USE: Residential and unimproved. ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas)/ East: RP (Residential Performance) RA (Rural Areas) West: RP (Residential Performance) Use: Residential Use: Residential/ Unimproved Use: Residential Vacant Use: Residential PROPOSED USES: 285 residential units (145 Single Family Homes and 140 Townhomes) on 73.79 acres at a density of 3.86 units per acre. Rezoning 404-05 — Senseny Village July 21, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of 'Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 657. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Senseny Village rezoning application dated November 22, 2004, with proffers revised December 29, 2004, addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I T E Tri Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: There should be two site access points during land clearing and burning of land clearing debris will be not be permitted. Plan approval recommended. Greenwood Station Volunteer F&R Co.: Is there a plan to bring this subdivision out onto Sulfur Springs Road? Public Works Department: Please see attached letter dated January 12, 2005, and signed by Harvey E. Strawsnyder, Jr., Director of Public Works. Frederick -Winchester Service Authority: In my review of the rezoning application, the narrative for conveyance and treatment of wastewater indicates that this property will be serviced by the Parkins Mills Wastewater Treatment Plant. I believe this is in error and treatment would occur at the Opequon Water Reclamation Facility. Frederick Countv Sanitation Authority: No comment. Department of Parks & Recreation: Required recreational units and open space to be reviewed upon submittal of that information. Staff recommends bicycle trails, providing circulation within the development and connections to Senseny Road and adjacent developments be included in the plan. The proposed monetary proffer of $1,166 for Parks and Recreation appears to be appropriate to help offset the impact this development will have on these county services. 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 impede operations at the Winchester Regional Airport. Frederick CounO Public Schools: Based on the information provided, it is anticipated that the proposed 145 single family homes and 140 townhouses will yield 40 high school students, 3)7 middle school students and 100 elementary school students for a total of 177 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having Rezoning #04-05 — Senseny Village July 21, 2005 Page 3 student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies both parcels as being zoned A-2 Agricultural. In 1981 Frederick County approved a request (RZ001- 81) to rezone the parent tract of 65 -A -49B, 65-A-49, from A-2 (Agricultural General) to R-3 (Residential General). Subsequently, the residential zoning classifications were consolidated into the RP (Residential Performance) zoning district. Consequently, Parcel 65 -A -49B maintains the RP zoning classification. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcel 65-A-55 maintains this RA zoning classification. 2) Master Development Plan. The Glenmont Village master development plan, MDP 001-83 was approved by Frederick County on 3/21/84 for the development of parcel 65-A-49 into approximately 135 single family detached cluster units and 48 multiplex units. The master development was revised in 1989 to change the multiplex units identified in Section 7 to 21 single family detached cluster units. The Glenmont Village master development plan identified specific areas as open space and single family detached cluster lots and also identified the general location of the streets providing access to the residential lots. With the approval of the subdivision of Glenmont Village Section 6 on 4/21/88 lot 65-A-4913 totaling 24.09 acres was created. This parcel has remained separate from the Glenmont Village subdivision and is undeveloped until this time. The parcel was recently acquired by the applicant of this rezoning. It is the intent of the applicant to incorporate this parcel into the acreage of the adjacent Lambert parcel and create the development known as Senseny Village. In order to maintain a general level of consistency with the design and layout of Section Eight of the Glenmont Village MDP, in particular as it pertains to the area immediately adjacent to the existing residential land uses located in Section 6 of Glenmont Village, it was determined that the applicant should prepare a revision to the Glenmont Village MDP specific to Section Eight to clearly demonstrate the proposed development of this portion of the property. The MDP is only for information at this point. The proposed master development plan is designed to meet the master development plan requirements of the Zoning Ordinance and to preserve an area of open space and woodland preservation adjacent to the residential properties along Glenridge Rezoning #04-05 — Senseny Village July 21, 2005 Page 4 Drive as a buffer. This is in the vicinity of the existing residential lots that could reasonably have expected an area of open space to be maintained to the rear of their lots. The design and layout of the proposed MDP has been translated into the generalized Development Plan for the Senseny Village rezoning to guarantee that the Senseny Village project, and therefore the parcel previously known as Section 8 of Glenmont Village, will develop in substantial conformance with what is being presented to the County and the existing residents of Glenmont Village. Following the rezoning of this property, the applicant will develop a master development plan that incorporates both parcels consistent with the proffered Generalized Development Plan. 3) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I -1] 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 map designates the general area in which the Senseny Village property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan Rezoning #04-05 — Senseny Village July 21, 2005 Page 5 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). Route 37 is a road improvement need that is identified in the Eastern Road Plan and is a priority in the County's Primary Road Improvement Plan. Accommodations for this new major arterial road should be incorporated into the project. Senseny Road is identified as an improved major collector road and is also designated as a bicycle route on the County's bicycle plan. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to insure that needed road improvements are identified in order to maintain or improve upon the level of service. 3) Site Suitability/Environment The Senseny Village site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. A tributary of the Opequon Creek bisects the 65-A-4913 portion of the property. This feature and its associated slopes and natural drainage ways warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The application proposes development in the reasonably level areas and offers areas that will be set aside for environmental and open space purposes. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 285 residential units (145 single family detached and 140 single family attached residential units) would generate 2,668 vehicle trips per day. The report was developed with access to the project being provided along Senseny Road via Rossum Lane and Twinbrook Circle. The TIA concludes that the traffic impacts associated with the Senseny Village application are acceptable and manageable. The intersections of Rossum Lane and Twinbrook Circle along Senseny Road will maintain levels of service of C or better during the build out conditions. This is assuming the identified eastbound right turn lane at the intersection of Senseny Road and Twinbrook Circle is implemented. Rezoning #04-05 — Senseny Village July 21, 2005 Page 6 Transportation Program. The Generalized Development Plan for Senseny Village delineates the general public road systems that will serve the residential development. The applicant has designed the public road system to discourage cut through traffic flow through Glenridge Drive and Twinbrook Drive from Senseny Village. The improved Rossum Drive access to Senseny Road is emphasized as the dominant traffic flow for this project. A traffic calming measure at the Glenridge Drive connection would further facilitate this approach. The Senseny Village application has proffered to design and construct right turn lanes on Senseny Road at the Rossum Lane and Twinbrook Drive intersections prior to the issuance of the first building permit for the project. In addition, the application proffers to design and construct improvements to Rossum Lane to VDOT standards including curb and gutter, street lights and storm sewer also prior to the issuance of the first building permit for the project. Omitted from the general transportation program is an enhanced accommodation for pedestrian circulation along the reconstructed Rossum Lane that would provide access to Senseny Road and ultimately the adjacent residential developments. Internal pedestrian circulation should also be provided between the residential uses within Senseny Village. Consideration should also be given to additional frontage improvements along Senseny Road. In an effort to address the broader transportation needs of this area, the applicant has proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements to the Senseny Road corridor and/or a proposed north -south connector between Senseny Road and Berryville Pike. This proffer may generate up to $1,145,000 and may be used as matching funds by Frederick County. The application has also addressed the future Route 37 right-of-way by providing for a right-of- way dedication consistent with the preliminary plans for Route 37. This dedication is identified on the Generalized Development Plan and would be available to the County at such time the County requests the dedication. B. Sewer and Water The Senseny Village rezoning proposal is estimated to require approximately 78,375 gallons per day of water usage and approximately 64,125 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick Couno) Sanitation Authority are currently undertaking efforts to evaluate the Rezoning 404-05 — Senseny Village July 21, 2005 Page 7 regulations and, in conjunction with the UDA Study Working Croup, proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The Frederick County Fiscal 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, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The Fiscal Impact Model output for this project indicates a net fiscal impact in the amount of $8,987 per residential unit. In recognition of the impacts that may be realized by the community the applicant has proffered a contribution in the amount of $10,000 per single family detached residential unit and $8,000 per single family attached residential unit. The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipates that the proposed 145 single family homes and 140 townhouses will yield 40 high school students, 37 middle school students and 100 elementary school students for a total of 177 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the IPh elementary school anticipated to open in the fall of 2006 will open at its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. No additional elementary schools have been identified in the current Capital Improvements Plan for this general area of the UDA. 5) Proffer Statement — (Dated June 14, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of street systems, residential land use areas, and open space areas within the Senseny Village development. The GDP is also very helpful when addressing buffering of the adjacent residential uses. In particular, those located in Section six of Glenmont Village. B) Residential Uses. The applicants have proffered to limit the total number of residential uses to 285 dwelling units. Rezoning #04-05 — Senseny Village July 21, 2005 Page 8 No split has been proffered regarding the specific housing types. However, the residential land use areas have been delineated on the GDP. Further, the applicant has proffered to prohibit the development of Garden Apartments. The applicant has committed to a phased introduction of the residential units over a four year time frame with seventy units within the first three years and 75 units in the fourth year. This phasing approach specifies the calendar year in which the building permits may be obtained. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. C) Transportation. The applicant has proffered a monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for improvements to the Senseny Road corridor and/or a proposed north -south connector between Senseny Road and Berryville Pike; right turn lanes on Senseny Road at the Rossum Lane and Twinbrook Drive intersections; improvements to Rossum Lane to VDOT standards; and the dedication of right- of-way for the future Route 37 Eastern Bypass. D) Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $10,000 for each single family detached unit and $8,000 for each single family attached townhouse unit to mitigate the impacts to capital facilities as identified in the fiscal impact model. STAFF CONCLUSIONS FOR 08/03/05 PLANNING COMMISSION MEETING: The Senseny Village rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the capacities and capabilities of community facilities needed to serve the planned and proposed land uses. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. F'ollowinga the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board o Supervisors. OUTPUT MODULE APPLICANT: Omps Rezoning LAND USE TYPE Light Industrial REAL EST VAL $28,823,500 FIRE & RESCUE 4 Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL Net Fiscal Impact $1,341,597 LESS: NET FISCAL IMPACT $0 $0 NET CAP. FACILITIES IMPACT Costs of Impact Credit: Credits to be Taken for Future Taxes Paid ( NPV) Total Potential Adjustment For INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = Required ( entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Capital Faciltiies col sum only) Oper Cao Equip Expend/Debt S. Taxes. Other ( Unadiusted) Cost Balance Facilities Impact Dwelling Unit $227,768 5. NPV of future taxes paid to bring current county up to standard for new facilities, as $0 $0 $227,768 $799 $1,098,857 Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project ( actual, or as ratio to avg. for all residential development) . $668,384 $177,493 $861,620 $1,039,114 $716,748 $1,921,590 $6,742 $871,097 $393,456 $88,672 $88,672 $61,163 $332,293 $1,166 $68,402 $19,130 $19,130 $13,195 $55,206 $194 $40,483 $36,881 $0 $8,268 $45,150 $31,143 $9,340 $33 $51,953 $0 $0 $0 $51,953 $182 $66,281 $71,068 $78,463 $149,531 $103,142 $0 $0 SUBTOTAL $3,486,682 $285,442 $940,084 $116,071 $1,341,597 LESS: NET FISCAL IMPACT $0 $0 NET CAP. FACILITIES IMPACT INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = PLANNING DEPT PREFERENCE 1.0 1.0 ----------------------- Ratio to Co Avg = METHODOLOGY 1. ----------------------- ---- ------------- ----------------------- Capital facilities requirements are input to the first column as calculated in the model. ----------------------- 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column ( zero if negative) ; included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project ( actual, or as ratio to avg. for all residential development) . $925,391 $2,561,291 $8,987 $0 -0 -0 $2,561,291 $8,987 0.514 0.690 NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. -------------------------------------------•------------------------------------------------------------------------------------------- ----------------------- ----------------------- ---------------------- NOTES: Model Run Date 11/15/04 EAW Project Description: Senseny Village Rezoning: Assumes 145 SFD & 140 TH on 68.5 acres zoned RP. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL I January 12, 2005 Mr. Andy Conlon Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Senseny Village Rezoning Frederick County, Virginia Dear Mr. Conlon: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAY: 540/678-0682 We have completed our review of the application related to the proposed rezoning of property referred to as Senseny Village. It is our understanding that the proposed project will include the incorporation of an 18.6 acre parcel currently zoned RP and 50 acres currently zoned RA. The 50 acres is currently accessed from Rossum Lane; whereas, access to the 18.6 acre parcel is limited to a dedicated easement off of Glenridge Drive. The 18.6 acre parcel is bisected by an unnamed tributary to the Opequon Creek and is characterized by incised drainage swales and steep slopes. Road construction within this parcel will be difficult especially at the stream crossing and within the steep sloped areas. Also, the 100- year flood plain and existing wetlands will have a significant impact on construction within this parcel. Based on our review of the impact analysis and proffer statement, we offer the following specific comments: 1) The introduction of the impact analysis indicates that the development will consist of 285 residential units with a build -out date of 2008. This date conflicts with the date of 2010 referenced under transportation discussions. This conflict needs to be resolved. 2) Refer to access under site suitability. As previously indicated, access is proposed via a platted inter parcel connection located on Glenridge Drive. Because of the existing topography and associated drainage features, this point of ingress -egress will be difficult to construct. ;) Under Flood Plains, the analysis indicates that the subject site is locat TU JAN 1 3 2005 107 North Kent Street o Winchester, Virginia 22601-5000 1B l Senseny Village Rezoning Comments Page 2 January 12, 2005 100 -year flood plain. This statement may be true for the Ooequon Creek; however, it is not applicable for the flood plain associated with the unnamed tributary which bisects the 18.6 acre parcel. The discussion of the flood plain issue should be revised to reflect the actual 100 -year flood plains associated with the properties in question. 4) The discussion of impacts on wetlands only identifies one (1) manmade impoundment which will be drained and filled to accommodate development. Our site visit in December, 2004 revealed many more areas which we believe could be classified as wetlands. There was evidence at the time of our site visit that attempts had been made to delineate the wetland areas. If disturbed during development, these areas should be remediated in accordance with the guidelines imposed by the U. S. Corps of Engineers and the Department of Environmental Quality. 5) Under steep slopes, the analysis concluded that there are no steep slopes on the subject site. Based on our review of the topographic surveys furnished with the application, we conclude that there are numerous areas where the steep slope requirement applies. These areas can easily be delineated and will have a significant impact on development especially on that portion of the 18.6 acre parcel located on the south side of the unnamed tributary to the Opequon Creek. 6) Under transportation, the discussion indicates that a traffic impact analysis (T/A) was included as a component of the application package. A copy of the T/A was not included in the application provided for our review. In particular, we are concerned about the impact of the development on Glenridge Drive as well as the other major roads which access the proposed sites. 7) The discussion of sewage conveyance and treatment references the Parkins Mill Wastewater Treatment Facility as the destination for the final treatment. This reference is incorrect. To our knowledge, the sewage flows to the Opequon Water Reclamation Facility. You will need to coordinate the available capacity with the Sanitation Authority to determine if the existing conditions will accommodate the proposed development. We will not approve a master development plan until we receive confirmation from the Sanitation Authority verifying the available capacity. 8) The impact on solid waste facilities was limited to the availability of disposal capacity at the landfill and the reference to providing dumpsters for the townhouses. There was no mention about refuse collection for the single family dwellings. Our closest solid waste convenience site is located behind the Greenwood Fire Hall. This site has been inundated by the influx of existing Senseny Village Rezoning Comments Page 3 January 12, 2005 development. Any ti!rther development would exacerbate the problem unless the applicant or subsequent developer would be willing to upgrade the existing convenience site or provide curbside trash pickup which would negate the need for the upgrade. The discussion of solid waste has overlooked a very important issue which is the location of the proposed development relative to the existing landfill. The existing landfill is located less than one-fourth of a mile from the southern most boundary of the proposed development. Based on the existing site elevations compared to the future vertical expansion elevations at the landfill, it is apparent that the residential development will have a clear view of the landfill unless all of the existing trees can be saved. Indicate how the applicant or developer plans to inform the prospective home buyers of this future condition prior to purchase. We Will insure that this information is provided as part of our building permitting process. 9) Under the prover statement (B.4), the applicant proffers to design the internal street system to provide two (2) means of access to Senseny Road. Indicate if this statement also implies the construction of any improvements required to upgrade Twinbrook Circle and Glenridge Drive. I can be reached at 665-5643 if you should have any questions regarding the above comments. Sincerely, r t i Jf Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls CC' Planning and Development file C:\Corel\\WordPerfect\Rhonda\senseneA i I[ rczco It i.1% pd I L F:, C 0,1'? 1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 28, 2005 Mr. Andy Conlan Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Re: Preliminary Comments — Senseny Village Rezoning Application. Dear Andy: Thank you for forwarding to this office the Senseny Village rezoning application materials for our continued review. The TIA for this project was received on February 15, 2005 and the latest version of the proffer statement which recognizes the recent change in ownership of the property and updated transportation commitments was received via e- mail on February 24, 2005. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. As customary, 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. 1) Preliminary Matters a) The Code of Virginia, Section 15.2-2204.C. requires that the CEO of the adjacent locality is notified if the property is within 1/2 mile of the boundary of the adjoining locality. Please demonstrate if this provision of the State Code is applicable with this application. 2) Impact Analysis and Proffer Statement a) The introduction to the project in the impact statement identifies a specific mix of housing types (145 single family detached and 140 townhouse units). Such a mix has not been proffered by the applicant and should be removed from the discussion. Alternately, the applicant could specify the mix of housing types in the proffer statement. o---4- lm • W.nrhPQtPL Viruinia 22601-5000 Page 2 Mr. Andy Conlan Application Re: Preliminary Comments —Senseny Village Rezoning February 28, 2005 b) It is more appropriate, and indeed necessary, to identify and address the thissite environmental features that exist on may on exercise. of the rezoning the property that warrant Areas with environmental constraints m y particular attention and should be a consnrdecati slooe tand drainage he rezoning pssuest on the particular, there appears to areas with c p property. c) The Eastern Road Plan of the CompreheInasive Plan shoo f d be thiselement of onsidered hhe discussing this application. A prelim ry Comprehensive Plan indicates that RouteR0 37 is a to 37 East cCorridor tStudy Planion with s in application. I have included a copy of the the vicinity of this project for your information and use. d) Access to this property is described to be via Rossum Lwith ane and onwin application Circle and Glenridge Drive. Detail should be provided regarding the existing conditions and cross ecsuffice ntthese rightsof-wayting lgebotso to streets. It should be demonstrated thatimprovements necessary to accommodate the additional traffic volumes and any p achieve an appropriate typical section. The impacts to the property owners who reside along Rossum Lane, Twinbrook Circle, and Glenridge Drive should also be addressed in this application. e) The Senseny Village application is adjacent to several developeonad subdivisions u di sio sinter-pand other undeveloped properties. opportunities connectivity should be evaluated and pursued development of this intens ty requires to the property to the southwest. Residentialp ations. Interparcel pedestrian connectivity should also be a pedestrian accommod consideration of this application. f) The TIA indicates that the Senseny Rodurin lnbrook Circle build out conditionsePlease ensure maintain an acceptable level of serviceg that a solution is provided to achieve an acceptable right of -way is available to location. It should be demonstrated that implement this solution. g) The application identifies a fiscal contribution to offset identified road improvements associated with this project. Ino important tofrecognize cogs ze inesidential the es application that based upon the open ( proffered) proposed in the application, 285 single family attached units would be permitted. This would generate $855,000 as opposed to the $1,145,000 identified in the impact statement and proffer statement. Page 3 Mr. Andy Conlan Re: Preliminary Comments — Senseny Village Rezoning Application February 28, 2005 h) The applicant has proffered to fund or implement several transportation improvements. It would be appropriate to further detail the scope of the specific improvements, both immediate and future, to provide certainty in the desirability and function of the improvements. It would appear as though a coordinated and committed approach would be most beneficial and eliminate any future confusion regarding the implementation of the transportation program. i) Consistent with County policy, it would be appropriate to insure that any proffered transportation improvements associated with the application are provided at the beginning of the project. Any monetary contribution should be provided prior to the onset of the project and not at the time of individual building permit issuance. j) Water and wastewater evaluations provided in the impact statement should be viewed in relationship to other previously approved projects within the County. A combined and updated figure for water resources and wastewater capacity would be beneficial when determining the adequacy of the capacity and resources. k) Recent rezoning applications have proffered that a private refuse collection service will be used to collect the solid waste generated by their particular project. It would be desirable for this application to consider such an approach. This is beneficial as it potentially reduces the individual usage of the County's convenience sites. Reference to the number of single family attached units in the Solid Waste Disposal section should be removed unless the applicant is willing to proffer a specific mix of residential uses. 1) The impacts to community facilities were evaluated using the County's fiscal impact model and were based upon a specific mix of residential uses requested by the applicant. The County will provide an updated output based upon a worst case scenario should the mix of uses not be secured within the proffer statement. It would also be desirable to have the application provide a break down of the proffered amount based on the public entities receiving the funds. Please feel free to contact me at any time regarding the above comments or the application in general. I look forward to continuing our participation in the review of this application. Sincerely, J Michael T. Ruddy, AICP Deputy Planning Director MTR/bad X �S ,--G 65 /\ 44C �9y \GG��MPN �\SPPNd 65 A 194B CUSSEN, REMINGTON J 65 A 55 LAMBERT, HAZEL C U m � v v 65 A 190 Q 65 A DAVIS, WILMER R & I o EFG INVESTMENTS, LLC A '86D EFG INVESTMENTS, LLC CORBIN, GLORIA C _ - - - b -ugh♦ I / COW GILL, CARROLL Map Features REZ # 04 - 05 Bridges La°e`a°on ^,Dams Lakes/Ponds /�/ Dams ` � Paral& Senseny Village ( 65 - A AOrieultural8 Forestral Districts - 4913, 65 - A - 55 ) Streams /�'' Retaining Wails - RiuWe GMurch Buildings Road Centerlines Refuge Church Tanks N South Frederick N 0 250 500 1,000 now ..: Trala w E Feet S 65 A 192 POE, ALVIN S. & NANCY J. Greenway Engineering November 22, 2004; December 29, 2004 Senseny Village Rezming January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 SENSENY VILLAGE PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and Residential Performance (RP) to Residential Performance (RP) with Conditions PROPERTIES: 73.79 -acres +/- Tax Parcels 65 -((A)) -49B and 65-((A))-55 RECORD OWNERS: Hazel C. Lambert Taylor Grace, LLC APPLICANT: Taylor Grace, LLC PROJECT NAME: Senseny Village ORIGINAL DATE OF PROFFERS: November 22, 2004 REVISION DATE: June 14, 2005 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, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # Vq &S—for the rezoning of 49.70 -acres± from the Rural Areas (RA) District to Residential Performance (RP) District, and for the rezoning of 24.09 -acres± currently zoned Residential Performance (RP) District to proffered Residential Performance (RP) 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 binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the applicants and their successors and assigns. The subject property, identified as Senseny Village, and more particularly described as the lands owned by Hazel C. Lambert, (the "Owner of the first parcel") being all of Tax Map Parcel 65-((A))-55 and further described by Will Book 115 at page 1563, and the lands owned by Taylor Grace, LLC, (the "Owner of the second parcel") being all of Tax Map Parcel 65 -((A)) -49B and further described by Instrument #050002909. File 43924/EAW Greenway Engineering November 22,2004; December 29, 2004 Senseny Village Rezming January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 A.) Residential Land Use The Applicants hereby proffer to limit the total number of residential units to 285 dwelling units on the combined subject properties of Tax Map Parcels 65 -((A)) -49B and 65-((A))-55. 2, The Applicants hereby proffer to prohibit the development of garden apartments, as defined in Section 165-65L of the Zoning Ordinance. 3. The Applicants hereby proffer to develop the residential dwelling units in accordance with the following annualized phasing plan. All dwelling units not developed within the specified calendar year shall be carried forward to the ensuing calendar years: CALENDAR YEAR 2005 2006 2007 2008 TOTAL TOTAL BUILDING PERMITS 70 70 70 75 285 B.) Generalized Development Plan and Master Development Plan 1. The Applicants hereby proffer to submit a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of street systems, residential land use areas and open space areas within the Senseny Village Community. The final engineering documents for Senseny Village will be in substantial conformance with the proffered GDP; however, it is recognized that modifications to the final road alignment may occur due to site development constraints such as wetlands or steep slopes. The final engineering documents will ensure that the Senseny Village Community provides for a street extension/connection to Rossum Lane (Route 736) and Glenridge Drive (Route 865), an internal street system that connects to both of the extended streets, and an inter -parcel connection to Tax Map Parcel 65-((A))-72.. 2. The Generalized Development Plan (GDP) has been designed to provide for single-family detached residential lots to adjoin the Glerlmont Village Subdivision and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue on Tax Map Parcel 65 - File 93924/EAW 2 Greenway Engineering November 22,2004; December 29, 2004 Senseny Village Rezming January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 ((A))-55. Furthermore, the GDP has been designed to provide for open space adjacent to Glenmont Village — Section 6 on Tax Map Parcel 65 -((A)) -49B. 3. A no disturbance easement that is 10 -feet in width shall be provided along the rear property line of all single-family detached residential lots that abut Glenmont Village and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue for the purpose of preserving existing woodlands on Tax Map Parcel 65-((A))-55. The open space adjacent to Glenmont Village — Section 6 shall remain undisturbed between the state street serving the townhouse lots and the existing residential lots within Glenmont Village — Section 6 on Tax Map Parcel 65 -((A)) -49B. 4. A no disturbance easement shall be established within the open space areas that are associated with the natural drainageways to protect the integrity of the waterways and the upland slope areas. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing to provide access to the southern portion of Tax Map Parcel 65 -((A)) -49B. 5. A Preliminary Master Development Plan will be submitted for the portion of the subject property that is located on Tax Map Parcel 65- ((A)) -49B to demonstrate how this portion of the subject property would be developed. Board of Supervisor approval of this Preliminary Master Development Plan concept does not bind the Board of Supervisors to any action on this rezoning application. Additionally, Board of Supervisor approval of this Preliminary Master Development Plan concept does not eliminate the requirement for a Master Development Plan for the entire 73.79 -acres +/- subject site. C.) Transportation 1. The applicants hereby proffer monetary contributions that are to be utilized for improvements to the Senseny Road (Route 657) corridor and/or a proposed north -south connector between Senseny Road and Berryville Pike (U.S. Route 7). The contributions, in the amount of $5,000 per single-family detached unit and $3,000 per townhouse unit, total a potential maximum of $1.145 million dollars. The applicants authorize the use of these contributions as matching funds by Frederick County for transportation improvements to these roadways. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. File #3924/EAW 3 Greenway Engineering November 22, 2004; December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 2. The applicants hereby proffer to design and construct right turn lanes (and tapers) of eleven -foot width, and to include curb/gutter, on Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle (Route 867) intersections, within the existing Senseny Road right-of- way. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 3. The applicants hereby proffer to design and construct improvements to Rossum Lane (Route 736), to consist of a VDOT standard pavement section of thirty-six feet from face -of -curb, and to include curb/gutter, street lights and storm sewer, within the existing Rossum Lane right- of-way. Furthermore, traffic calming measures will be considered during the design of the Rossum Lane improvement project. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 4. The applicants hereby proffer to design the internal street system to provide two means of access to Senseny Road via both Rossum Lane (Route 736) and Twinbrook Circle (Route 867) for all residential lots. Traffic calming measures will be considered during the design of the internal street system connections to Rossum Lane, Glenridge Drive, and Tax Map Parcel 65-((A))-72 if desired by VDOT. 5. The applicants hereby proffer to provide for a right-of-way dedication for the future Route 37 Eastern Bypass as identified on the proffered GDP. This right-of-way dedication shall be provided to Frederick County at no cost within 90 days after receiving written request from Frederick County that the right-of-way is needed. D.) Monetary Contributions The applicants hereby proffer monetary contributions in the amount of $10,000.00 for each detached single-family dwelling unit, and $8,000.00 for each townhouse dwelling unit, to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on November 19, 2004. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. File #3924/EAW 4 Greenway Engineering November 22, 2004; December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 E.) Community Trash Collection The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses within the Senseny Village community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Senseny Village Homeowners Association ("HOA") or sub -association at such time as identified in the legal documents setting forth the guidelines for the Senseny Village HOA or sub -association. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Senseny Village HOA or sub -association until such a time that this service is provided by Frederick County or other municipal providers. File ##3924/EAW Greenway Engineering November 22,2004; December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 F.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: J- Q-c�� v c 5 Hazel ' Lambert Date Commonwealth of Virginia, City/County of To Wit: h The foregoing instrument was acknowledged before me this IE19 day of ' ,� `'T�' F 20% by U Notary Public��� My Commission Expires L File #3924/EAW Greenway Engineering F.) Signatures November 22,2004 ' 2,2004; December 29, 2004 Senseny Village Rezoning January 17, 2005; February 24, 2005 March 17, 2005, April 14, 2005 June 14, 2005 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully By: Taylor-GraCe,'LLC Denver Quinnelly, Mariage. /Member Commonwealth of Virginia, VVO5 Date City/County of Crs, ds(- 1 c., K To Wit: The foregoing instrument was acknowledged before me this _day of 0 v i Notary Public,,/ --A/ My Commission Expires -0 U, File #3924/EAW IMPACT ANALYSIS STATEMENT �, N ENV WitL ,A E REZONINt Red Bud Magisterial District Frederick County, Virginia Tax Parcel 65-((A))4.9B and 65-((A))-55 73.79 -acres November 22, 2004 Devised June 14, 2045 Applicant: Greenway Engineering Current Owners: Hazel C. Lambert Taylor Grace, LLC Contact Person: Evan Wyatt, AICP Greenway .Engineering 151 Windy Dill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 SENSENY VILLAGE REZONING LNTRODUC'TION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of two parcels comprising a total of 73.79 acres, a 49.70 -acre parcel owned by Hazel C. Lambert and a 24.09 -acre parcel owned by Taylor Grace, LLC. The subject properties are accessed from Senseny Road (Route 657) via both Rossum Lane (Route 736) and a previously planned connection from Twin Brook Circle (Route 867) to Glenridge Drive (Route 868). The current zoning of the 24.09 -acre parcel is RP, Residential Performance District without proffers, while the current zoning of the 49.70 - acre parcel is RA, Rural Areas District. The applicant proposes to rezone the 49.70 -acre Lambert parcel to RP, Residential Performance District with proffers and to retain the RP, Residential Performance District designation for the 24.09 -acre Taylor Grace, LLC property and include proffers that will be applicable to this property. The subject properties will be master planned together for the purpose of creating the Senseny Village residential subdivision. This project is proffered to not exceed a total build out of 285 residential units, of which, 145 units are intended to be single-family detached dwelling units and 140 units are intended to be townhouse dwelling units. The project is proffered to be developed as a minimum four-year phased build out. A Master Development Plan was approved for the Glenmont Village Subdivision in 1985, which was revised in 1989. The approved Master Development Plan identified Glenmont Village as being developed within eight sections. To date, Sections 1-7 have been developed under the single-family detached cluster ordinance. The land associated with Section 8 was acquired by Taylor Grace, LLC as a separate parcel of land that is not encumbered by any provisions or legal documents associated with the Glenmont Village Subdivision. Therefore, it has been determined that a Preliminary Master Development Plan will be required for the 24.09 -acre Taylor Grace, LLC parcel as an exhibit with the Senseny Village Rezoning Application to demonstrate that Section 6 of the adjacent Glenmont Village Subdivision is provided with an appropriate open space buffer, which is further committed to on the proffered Generalized Development Plan for Senseny Village. Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: South of Rossum Lane (Route 736), and Twinbrook Circle (Route 867) Red Bud 65 -((A)) -49B and 65-((A))-55 RP, Residential Performance District and RA, Rural Areas District File 43924/EAW 7 Greenway Engineering Current Use.- Proposed se:Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 Residential and Unimproved 285 single family detached and attached units RP, Residential Performance District with proffers 73.79 -acres The proposed site is being developed in conformance with the land use policies of the Comprehensive Policy Plan. The subject area is within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan states suburban residential land use will occur in the UDA. GLENMONI' VH.LAGE MDP A Master Development Plan was initially approved for the Glenmont Village Subdivision in 1985. This Master Development Plan was approved for the development of single- family detached dwelling units and multiplex dwelling units within eight sections. In 1989, this Master Development Plan was revised to eliminate the multiplex dwelling units that were previously approved in Section 7 of Glenmont Village, and to identify Sections 1-8 as single-family detached dwelling units. The Glenmont Village Master Development Plan identified Section 8 as containing 12.05 acres of open space and did not identify the land area within lots and road right-of-way. The RP, Residential Performance District standards that were in place when the Glenmont Village Master Development Plan was approved called for a maximum woodland disturbance of 25% for the gross area of the site and for a maximum disturbance of 25% of steep slope areas. The legally recorded deed restrictions for the Glenmont Village Subdivision state that the Master Development Plan may be revised and do not require the Glenmont Village Home Owners Association to maintain or be liable for any portion of the acreage within the approved Master Development Plan that has not been dedicated to the HOA. The land area associated with what is identified as Section 8 on the approved Glenmont Village Master Development Plan has not been developed to date, nor has the land area been dedicated for the use or maintenance of the Glenmont Village Home Owners Association. This land area, totaling 24.09 acres was sold by the previous developer to Taylor -Grace, LLC. Taylor Grace, LLC proposes to utilize this land area within the Senseny Village Subdivision. Therefore, it has been determined by the County that a Preliminary Master Development Plan will need to be created to demonstrate the proposed development plan for this portion of Senseny Village. This approach, coupled with the proffered Senseny Village Generalized Development Plan has been determined File #3924/EAW 2 Greenway Engineering November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 to be an appropriate approach for severing the 24.09 -acre parcel from the approved Glenmont Village Master Development Plan. A Preliminary Master Development Plan Exhibit has been prepared and submitted for review as information with the Senseny Village Rezoning Application. This Exhibit identifies that there will be a minimum of 11.55 acres of open space that is designed to provide for an adequate buffer against Section 6 of Glenmont Village. This open space area is located to preserve the mature woodland areas that adjoin Glenmont Village and is further proffered to be preserved to protect the existing subdivision. Furthermore, the Senseny Village Proffer Statement calls for the creation of a no -disturbance easement to protect the natural drainageways and upland slope areas on the 24.09 -acre parcel. A. SUITABILITY OF THE SITE Access Tax parcels 65 -((A)) -49B and 65-((A))-55 are accessible from Senseny Road (Route 657) via Rossum Lane (Route 736), which currently terminates in a cul-de-sac at the northwest corner of the subject property. Rossum Lane is to be extended into the property as a VDOT maintained street. Access is provided from Senseny Road via Twinbrook Circle (Route 867) to Glenridge Drive (Route 868). This access point off Glenridge Drive utilizes a platted inter -parcel connection that was established to provide access to the Taylor Grace, LLC property. Flood Plains The subject site is located on the FEMA NFIP map #510063-0120-B. The entire subject property is located "Zone C". The FEMA NFIP map identifies "Zone C" as "area outside the 100 -year flood plain". Wetlands The County GIS database identifies one wetland area on the 49.70 -acre parcel, which is a manmade impoundment. The existing pond will be drained and filled. The probability of additional on-site wetlands exists associated with the natural drainageways and tributary to the Opequon Creek. A detailed wetlands delineation study will occur on the subject property subsequent to rezoning approval and will be identified as a component of the Final Master Development Plan for Senseny Village. Steep Slopes There are no steep slopes (50% or greater) on the subject site; however, there is a defined drainage channel that traverses tax parcel 65 -((A)) -49B which channels stormwater drainage from the Carper farm on the west side of Greenwood Road through this site to File #3924/EAW d Greenway Engineering November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 the Opequon Creek. The design for crossing this drainage channel to access the southernmost residential land bay will minimize impacts to critical slope areas and the drainage channel. The Senseny Village Proffer Statement provides for the preservation of the natural drainageways and upland slope areas within the project site with the exception of necessary road and utility crossings. This approach will allow for the protection of these areas that are no loner defined as steep slope; however, are still important to the integrity of environmental features that are located on-site. Mature Woodlands Woodland areas exist on the subject property, as well as open fields and scrub brush. It is anticipated that these areas will be impacted by the future development of road systems, utility infrastructure and residential structures. The Master Development Plan and Subdivision Design Plan for Senseny Village will meet the requirements of the Frederick County Zoning Ordinance that was adopted by the Board of Supervisors in April 2003. The Senseny Village Proffer Statement calls for a 10 -foot no disturbance easement along the rear lot lines of all single-family lots that adjoin Glenmont Village and the residential lots along Rossum Lane, Broad Avenue and Mason Street. Additionally, a no - disturbance easement of 50 feet is provided against the residential lots within Section 6 of Glenmont Village. Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service was consulted to determine soil types contained in this tract. The subject site is located on map sheet number 37, and contains the following soil types: 1C Berks Channery silt loam 7-15 % slopes 3B Blairton silt loam 2-7 % slopes 9B Clearbrook Channery silt loam 2-7 % slopes 41D Weikert-Berks Channery silt loam 15-25 % slopes 41E Weikert-Berks Channery silt loam 25-65 % slopes Table 5 on page 123 of the Soil Survey of Frederick County identifies 3B Blairton silt loam as prime farmland soils. The first four soil types are identified as gently sloping to moderately steep, shallow and moderately deep, well -drained soils that have a medium textured or fine textured subsoil. The last, 41E, is moderately deep, steep and very steep, well -drained soils on side slopes and ridges. File #39241EAW S Greenway Engineering November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RP District Use: Residential (Glenmont Village) South: Zoned RA District East: Zoned RP District Zoned RA District West: Zoned RP District C. TRANSPORTATION Use: Residential (Wood Rise Lane) And Unimproved Use: Residential (Glenmont Village) Use: Unimproved Use: Residential (Rossum Lane) The subject properties are accessible from Senseny Road (Route 657) via both Rossum Lane (Route 736) and Twin Brook Circle (Route 867) to Glenridge Drive (Route 868). Senseny Road is identified as a major collector road and has excellent sight distance to the east and west at the Senseny Road intersections of both Rossum Lane and Twin Brook Circle. Channing Drive, approximately a mile to the west, will be completed to provide access to Valley Mill Road (Route 659), while Greenwood Road (Route 656), approximately 1-'/2 miles to the west provides access to Berryville Pike (Route 7) and to Millwood Pike (Route 50 East). A traffic impact analysis (TIA) has been prepared for the Senseny Village community by Patton Harris Rust, which is dated November 19, 2004 and included as a component of the Impact Analysis Statement. The TIA assumes the total build out of 285 residential units (145 single family/140 townhouse) as a single transportation phase by year 2010. The TIA provides for a Level of Service (LOS) analysis for AM and PM peak hour traffic volumes, as well as Average Daily Trip volumes for existing, background and build out conditions. The TIA studies Senseny Road and its intersections with Twinbrook Circle, Rossum Lane, Channing Drive and Greenwood Road. Figure 9 on page 12 of the TIA concludes that all intersection points with Senseny Road maintain an acceptable Level of Service "C" average condition assuming future background traffic and the complete build -out of Senseny Village. Only one movement at the Twinbrook Circle intersection with Senseny Road is identified as a Level of Service "D" during PM peak hour conditions. The TIA recommends that the installation of a right turn lane on Senseny Road to the Twinbrook Road intersection will raise the Level of Service to an acceptable LOS "C" during PM peak hour conditions_ The installation of this right turn lane, as well as the installation of a right turn lane on Senseeny Road at the intersection of Rossum Lane has been proffered to be installed prior to the issuance of the first building permit in Senseny Village. Furthermore, the File 43924/EAW ti Greenway Engineering November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 applicants have proffered a monetary contribution totaling a potential maximum amount of $1.145 million dollars for improvements to the Senseny Road/Route 7 Connector Road and/or the proposed Route 37 Bypass and to completely reconstruct Rossum Lane to standards acceptable to VDOT. The transportation improvements and monetary contributions provided for in the applicants proffer statement more than mitigates the transportation impacts associated with this rezoning application. D. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) boundaries. Existing 12" and 8" sanitary sewer mains are located on this property as is the Burning Knolls Pumping Station. The Frederick County Sanitation Authority (FCSA) has a sewer transmission line that directs sewage effluent to the Opequon Water Reclamation Facility. The on-site sewer infrastructure required to convey effluent to the treatment facility will be developed by the applicants to standards acceptable to the FCSA for future operation and maintenance. The impact of rezoning the subject property can be based on comparable discharge patterns of 225 GPD for residential use. The figures below represent the impact that the total build out of the proffered 285 residential units (145 single family/140 townhouse) will have on the sewage conveyance and treatment systems. Q = 225 GPD per household Q = 225 GPD x 285 residential units Q = 64,125 GPD projected at total residential build out The proposed rezoning is projected to increase flows to the Opequon Water Reclamation Facility by 64,125 GPD at total build out. The design capacity of the treatment plant is 8.4 MGD, of which approximately 6.4 MGD is currently being utilized. The total build- out of Senseny Village would require approximately 3% of the available capacity that currently exists at this treatment facility. The applicants' have proffered to develop the Senseny Village community through a phased plan, which limits the number of building permits that can be obtained on an annual basis. This phasing plan limits development to a maximum of 70-75 residential lots through calendar year 2008. Adequate capacity for sewage conveyance and treatment will be available throughout the development of the Senseny Village project; therefore, this rezoning proposal will not negatively impact this facility. File #3924/EAW 7 Greenway Engineering November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 E. WATER SUPPLY The subject property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) boundaries. Water is readily available to the subject development through the extension of existing lines on adjacent properties. The Frederick County Sanitation Authority (FCSA) has an 8" water line along Rossum Lane and an 8" water line is stubbed at the subject property line along the undeveloped street right-of-way off Glenridge Drive. Water service will be provided from the James H. Diehl Water Filtration Plant and the North Water Filtration Plant. These systems currently provide approximately 6 MGD. The on-site water infrastructure required to convey potable water to the proposed residential lots in the Senseny Village community will be developed by the applicants to standards acceptable to the FCSA for future operation and maintenance. The impact of rezoning the 73.79 -acre site can be based on comparable water usage of 275 GPD for residential use. The figures below represent the impact that the total build out of the proffered 285 residential units (145 single family/140 townhouse) will have on the water supply and treatment systems. Q = 275 GPD per household Q = 275 GPD x 285 residential units Q = 78,375 GPD projected at total residential build out The projected water usage for the proposed rezoning is 78,375 GPD at total build out. This projection represents approximately 1% of the unutilized capacities at the James H. Diehl Water Filtration Plant and the North Water Filtration Treatment Plant. Therefore, the available water source and infrastructure is adequate to accommodate the capacity needs of the proposed 73.79 -acre residential development at total build out. E. DRAINAGE The dominant drainage pattern for the 73.79 -acre site is to the east, running along the southern boundary of tax parcel 65-((A))-55 and through the central portion of tax parcel 65 -((A)) -49B through an unnamed tributary that drains to the Opequon Creek. Senseny Village will be designed with curb and gutter lined streets, which will convey storm water through an underground storm sewer system. Storm water management will be designed in accordance with all applicable state and local storm water management requirements and erosion and sedimentation control requirements. The design of the stormwater management system will occur during the subdivision design process, and will require approval by the Frederick County Engineer and the Virginia Department of Transportation. Furthermore, the design for crossing this drainage channel to access the southernmost residential land bay will minimize impacts to critical slope areas and the drainage channel to ensure that this drainage channel is not negatively impacted. File #3924(EAW R Greenway Engineering November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 G. 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, 4b edition). The following figures show the increase in average annual volume based on the 285 residential units (145 single family/140 townhouse) that is projected to develop over a 4 -year period: AV = 5.4 Cu. Yd_ per household AV = 5.4 Cu. Yd. x 285 households AV = 1,539 Cu. Yd. at residential build out, or 1,077 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 4 -year build out of the subject site will generate on average 1,077 tons of solid waste annually following the proffered four year phased build -out of Senseny Village. This represents a 0.13% 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, which can be accommodated by this regional facility. The applicants have proffered to provide community trash collection service for all residential land uses within Senseny Village. This proffer provides revenues to the regional landfill in tipping fees and significantly reduces impacts to the Greenwood Road Citizen Convenience Center. Therefore, the proffers associated with the Senseny Village project adequately mitigate the impacts to solid waste disposal. R. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any existing structures on or near the subject property as potentially significant. Furthermore, there are no structures in the vicinity that qualify for the national or state register of historic places, nor does the subject site fall within core battlefield area boundaries or areas that would potentially qualify as historic districts. I. IMPACT ON COMMUNITY FACILITIES The Frederick County Capital Facilities Fiscal Impact Model has been prepared for the proposed rezoning of the subject property based on a proffered 285 residential units (145 single family/140 townhouse). The results of the Capital Facilities Fiscal Impact Model identify that the build out of the Senseny Village community will create a negative fiscal impact of $8,987.00 for each residential unit. The applicants' proffer statement provides a monetary contribution to Frederick County in the amount of $10,000.00 for each File #3924[F -AW a Greenway Engineering November 22, 2004 Senseny Village Rezoning Revised March 17, 2004 Revised June 14, 2005 detached single-family residential unit and $8,000 for each townhouse residential unit, to mitigate the fiscal impacts to County services. Furthermore, the applicants have proffered a monetary contribution totaling a potential maximum amount of $1.145 million dollars for improvements to the Senseny Road/Route 7 Connector Road and/or the proposed Route 37 Bypass to assist with regional transportation impacts in this geographic area of the County. Attachments: 1. Zoning and Location Map 2. Future Route 37 Eastern Bypass Location Map File #3924/EAW 7 O REZONING APPLICATION FORM MAR FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount Paid, Zoning Amendment Number - Date Receive PC Hearing Date���5 BOS Hearing Date0 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: 2. 3. 4. Name: Greenway En int eering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: Hazel C. Lambert Telephone: (540) 662-0623 Address: 223 Rossum Ln.,_Winchester, _VA 22602 Name: Taylor Grace, LLC Telephone: (540) 662-4164 Address: 446 Fromans Rd., Winchester, VA 22.602 Contact person if other than above Name: Greenway Fn ing eering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP 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 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: Hazel C. Lambert, owner Taylor Grace, LLC, owner 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Residential and Undeveloped Residential Subdivision PARCEL ID NUMBER USE ZONING 65B-((7))-10 Residential RP District 65D-((1))-1 Residential RP District 65D-((2))-4 Residential RP District 65D-((2))-5 Residential RP District 65D-((2))-6 Residential RA District 65D-((2))-7 Residential RP District 65D-((2))-8 Residential RP District 65D-((2))-9 Residential RP District 65D-((2))-l0A Greenspace RP District 65D-((3))-4-53 Residential RP District 65D-((3))-4-54 Residential RP District 65D -((3))-4-59A Greenspace RP District 65D-((4))-5-71 Residential RP District 65D-((5))-6-76 Residential RP District 65D-((5))-6-77 Residential RP District 65D-((5))-6-78 Residential RP District 65D-((5))-6-79 Residential RP District 651)-((5))-6-80 Residential RP District 65D-((5))-6-81 Residential RP District 65D-((5))-6-82 Residential RP District 65D-((5))-6-83 Residential RP District 65D-((5))-6-84 Residential RP District 65D-((5))-6-85 Residential RP District 65D-((5))-6-86 Residential RP District 65D-((5))-6-87 Residential RP District 65D-((5))-6-88 Residential RP District 65D-((5))-6-89 Residential RP District 65-((A))-50 Residential RP District 65-((A))-54 Residential RP District 65-((A))-56 Residential RP District 65-((A))-57 Residential RP District 65-((A))-60 Residential RP District 65-((A))-62 Residential RP District 65-((A))-63 Residential RP District 65-((A))-70 Residential RP District 65-((A))-86 Residential RP District 65-((A))-65 Residential RP District 65-((A))-71 Residential RP District 65-((A))-68A Residential RP District 65B-((6))-38 Residential RP District 65-((A))-72 Unimproved RA District 65-((A))-186B Residential RA District 65-((A))-186J Residential RA District 65-((A))-190 Unimproved RA District Note: Please also provide public hearing meeting notice to Clarke County as the subject property is located within Y mile of the Clarke County boundary line. Legal notice should be provided to the following address: Clarke County Planning Department Attn: Chuck Johnston, Planning Director 102 North Church Street Berryville, VA 22611 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): The 73.79 -acre site is located on the south of Rossum Lane (Route 736) and Twinbrook Circle (Route 867). 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. 8. Parcel Identification/Location: Parcel Identification Number 65 -((A)) -49B 65-((A))-55 Magisterial: Fire Service: Rescue Service: Districts Red Bud Co 18, Greenwood Co 18, Greenwood High School: Middle School: Elementary School Millbrook Admiral Byrd Senseny Road 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 49.70 RA District RP District 24.09 RP District RP District with Proffers 73.79 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: 145 Townhome: 140 Multi -Family 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Other 0 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, V irgirua. I k,ve) authorize Frederick Count; 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 bet of my (our) knowledge. Applicant(s):'£ i - ' Date: I QGreenway Engineering — E+ Wyatt, IP ' � ®� l ®=m Special Limited Power of Attorney County of Frederick, Virginia 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) Hazel C. Lambert (Phone) (540) 662-0623 (Address) 223 Rossum 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 Will Book instrument Ne. 115on Page 1563, and is described as Parcel: 65 Lot: 55 Block: _A Section: do hereby make, constitute and appoint: (Name) Greenway Engineering Subdivision: Sensen. Village (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan 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) haves hereto set my (our) hand apd sea] this i I day of , 200 G 6 Signature(s) State of Virginia, City/County of Frederick, To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the persou(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of . LQC 2005 K, My Commission Expires: �J N�tary Public I- G -T i Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Denver Quinnell; manager/member of Taylor -Grace, LLC (Phone) (540) 662-4164 (Address) 446 Fromans Road 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. 050002909 on Page , and is described as Parcel: 65 Lot: 49B Block: A Section: _ do hereby make, constitute and appoint: (Name) Greenway Engineering Subdivision: Senseny Village (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan 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 In witness thereof, I (we Signature(s) one year from the day it is signed, or until it is otherwise rescinded or modified. ) hand and seal this 2 I ';,1 day of +iti`.11200 State of Virkinia,ICity/County of Frederick, To -wit: I, t�. itjyy� L K'1i� , 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 acknowledged the same before me in the jurisdiction aforesaid this {t+ day of *'JVkV41200 Vii; i_k, My Commission Expires: L2 2 %UE Notary Public Owner Signature: REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Date REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Owner Signature: Hazel C. Lambert Date a z R W W z z W W �y j uwac D. Wni M..mae» z 5 IL z a.2t; 5LE: J on J �' U W z W WNL V% J 9 W z W a earn ,• - soo' ® BT. .e. roe Be. area aE= , Wel 10 0 PARCELS 1 O COUNTY GIS. COUNTY TO OGRAPHIC INI 0 N ZONING LEGEND�.^•'^� RA RURAL AREAS DiSTRiCT RP RESIDENTIAL PERFORMANCE DISTRICT R4 RESIDENTIAL PLANNED COMMUNITY _ R5 RESIDENTIAL RECREATIONAL COMMUNITY MHI MOBILE HOME COMMUNITY DISTRICT _ 81 NEIGHBORHOOD BUSINESS DISTRICT ® 82 BUSINESS GENERAL DISTRICT 83 INDUSTRIAL TRANSITION DISTRICT MI LIGHT INDUSTRIAL DISTRICT M2 INDUSTRIAL GENERAL DISTRICT EM EXTRACTIVE MANUFACTURING DISTRICT HE HIGHER EDUCATION DISTRICT 0 0 ' Z W �� V Z W $ �� • E �8 C C 4.0. Z -" r W ry ... 72 ,LTH Op`' MARK D. SMITH > �}, No.022B37 X DATE: 3/17/05 SCALE: i' - 400' DESIGNED BY: SBW FILE NO. 3824 SHEET 1 OF i • �7 • REZONING APPLICATION #12-05 AND MASTER DEVELOPMENT PLAN #09-05 VILLAGES AT ARTRIP Staff Report for the Planning Commission Prepared: July 2i, 2®u5 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning mattes. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/03/05 Pending Board of Supervisors: 08/24/05 Pending PROPOSAL: To rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for the proposed mixed use development of 905 Residential Units and Retail, Restaurant and Office Uses. LOCATION: The property is located one mile west of Interstate 81, three quarters mile north of Tasker Road (Route 649),150 feet north of Fair Lawn Court (Route 1176) and west of Canter Estates Section V. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75 -A -99A PROPERTY ZONING & USE: Zoned: (Rural Areas) District Use: Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) RA (Rural Area) South: RP (Residential Performance) East: RP (Residential Performance) West: RP (Residential Performance) RA (Rural Area) Use: Unimproved Agricultural Use: Residential/FCSA Use: Residential Use: Residential/Vacant Residential PROPOSED USES: 905 Residential Units, Retail, Restaurants and Office Uses (a maximum of 118,550 square feet and a minimum of 10,000 square feet of commercial use has been proffered). Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 719. 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 Villages at Artrip rezoning application dated May 20, 2005 addresses transportation concerns associated with this request. The developer will be required to enter into a signalization agreement with VDOT at the time the roadway is requested to be accepted into the State's Secondary System. The developer will be liable for the cost of the signal. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Where the desire of the developer to provide proffers is appreciated, the development of this project will have an overwhelming impact on fire and rescue services. Water supplies for firefighting and access shall be addressed during the Subdivision Plan Review. Plan approval recommended. Stephens City Volunteer fire Dept.: No comments offered. Public Works Department: Your letter dated June 13, 2005 has adequately addressed our previous review comments related to the rezoning application and master development plan associated with the proposed Villages at Artrip. Frederick County Dept. of Inspections: No comment required. Frederick -Winchester Service Authority: No comments regarding submitted. Application recognizes that expansion of Parkins Mills is necessary to accommodate project build -out. Sanitation Authority: No comment. Health Department: No objection or comment, so long as municipal sewer and water services are provided to entire project. Department of Parks & Recreation: The area identified as a school site and open space for use by the Parks and Recreation Department does not appear to be adequate to accommodate both uses. The typical section on page three of five of the Master Development Plan indicates trails to be between five and ten feet in width. The Parks and Recreations Department recommends all trail to be a minimum of ten feet in width. The revised proffer statement has modified proffer 5.1 to reflect ten foot bike trails. The Proffer Statement should include language which indicates the bridge design (The proffer statement, Section 14.2.1.1) will accommodate bicycle lanes. The proposed monetary proffer for Parks Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 3 and Recreation appears to be less than what the impact model would indicate is needed to offset the impact of this development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 155 single-family homes, 180 town houses and 570 multi -family units will yield 49 high school students, 47 middle school students and 131 elementary school students for a total of 227 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The resubmitting of this rezoning application with its proffer statement provides approximately 11 acres to be dedicated for a future elementary school site (minimum acreage needed for an elementary site would be 15 acres). It is imperative with the above number of units included with this project that an elementary school be located in this area. With current building trends, future considerations need to be given to additional middle and high school facilities. Also because of the continued growth in Frederick County, the replacement of certain administrative facilities such as the transportation and administration, which currently have exceeded their capacity, will need to be replaced or expanded. This proffer helps to address the impact of a future elementary school; however, the impact of this type of application on other current and future school needs should be considered during the approval process. Winchester Regional Airport: We have reviewed the above referenced rezoning application/master plan and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport as the majority of the subdivision falls outside of the Airport's Part 77 surface. No special requirements or conditions are requested on behalf of the Winchester Regional Airport Authority. Frederick County Attorney: Comments to be provided by Mr. Bob Mitchell, Jr. Historic Resources Advisory Board: Upon review of the property rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. The Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefield located on or adjacent to the property. Geographic Information Systems: Warrior Drive and Lakeside Drive are continuations of existing roadways and names. Parkins Mill Road will not be accepted as a road name. It conflicts with roadways and names already in the system, and is not considered an extension of an existing roadway name. The potential for up to 21 road names has been noted. Any "Private Road" that is the primary entrance for four or more properties must be named before numbering/addressing can be completed. This MDP is presented as a suburban setting and not a rural setting. Therefore, future road names with such suffixes as Road, Lane, Loop, Trail, Bypass, Grade, Highway, Interstate, Overlook, Pike and Turnpike will not be accepted into the system. Acceptable road name suffixes for this development include Alley, Avenue, Boulevard, Circle, Court, Drive, Place, Plaza, Square, Street, Terrace and Way. Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 4 Town of Middletown: None. Town of Stephens City: Traffic concerns as always. City of Winchester: From a regional transportation standpoint, the inability to provide connectivity to Warrior Drive where the bridge is needed at the south end raises concerns in terms of traffic impacts. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The parcels were re -mapped from R- 2 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Intended Use The applicant proposes the development of a mixed use project; a residential planned community with an arrangement of residential villages containing a mixture of housing types focused around core area which incorporates a neighborhood commercial center. Also proposed is the dedication of areas for public use including an eleven acre site for an elementary school. The project is proposed to be developed in three phases. Through the proffer statement, the project would be limited to 905 residential units. The proposed gross residential density for the Villages at Artrip is 5.40 units per acre. The applicant has not committed to construct any more than 10,000 square feet of commercial uses. However, the ability has been provided to enable up to 118,550 square feet of commercial uses. The construction of Warrior Drive as a four lane section throughout the limits of this property to connect with Warrior Drive in the Wakeland Manor and Crosspointe developments is a key component of the project. 3) Master Development Plan Requirement In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article XVIII of the Zoning Ordinance shall be submitted with the rezoning application. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described in Article XVIII must also be completed concurrently with or following the consideration of the rezoning. The purpose of the master development plan requirement is to ensure that the intent of the residential planned community is met. The intention of the R4 District is too provided for a mixture of housing types and uses within a carefully planned setting. Special care should be Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 5 taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection, and to avoid adverse impacts on surrounding properties and facilities. The R4 District is intended to create new neighborhoods with an appropriate balance between residential, employment, and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure the necessary facilities, roads, and improvements are available or provided to support the R4 development. Residential planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. 3) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The 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 Villages at Artrip property is located within the Southern Frederick Land Use Plan and is identified with a Mixed Use designation north and east of Warrior Drive and a Residential designation south and east of Warrior Drive. As noted in the Comprehensive Plan, the mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Villages at Artrip rezoning application request is consistent with the land use designations identified in the Southern Frederick Land Use Plan. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 6 Transportation. The Southern Frederick Land Use Plan and the Eastern Road Plan identify new road systems which have been planned to effectively manage traffic generated from the various uses, to link various land uses with arterial and collector road systems, and to provide for signalization opportunities at critical intersections as areas develop. The most significant transportation element in the Comprehensive Plan that relates to this application is Warrior Drive. Warrior Drive is identified as a major collector road with a four lane urban section that traverses the property in a south-east to north-westerly direction. Also identified are Parkins Mill Road and an extension of Lakeside Drive into the project. Both are identified as collector roads with atwo lane section. The new road systems within the Southern Frederick Land Use Plan are planned to mitigate impacts to the environmental features and historic areas. The plan encourages public access and the development of bicycle facilities and pedestrian walkway systems that serve residential, mixed use and planned unit development areas. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Pursuant to the general transportation policies of the Comprehensive Policy Plan, roads located adjacent to and within new development are expected to operate at no less than a Level of Service Category "C." (Comprehensive Policy Plan, p. 7-5) 4) Site Suitability/Environment The Villages at Artrip property is located immediately south of the Opequon Creek. Areas of 100 Year Flood Plain, steep slopes, and mature woodlands associated with the Opequon Creek frame the northern boundary of the project as these features run along the entire length of the property. The majority of these environmental features will be protected in areas of open space. Disturbance of areas of mature woodlands will occur in the northwestern portion of the property. The limits of disturbance of the mature woodlands have been identified on the proffered master development plan. Further, the applicant has made efforts in the design of the MDP and within the proffer statement to minimize the disturbance of the mature woodlands and ensure the protection of these areas. Internal to the project the applicant has made further attempt to preserve areas of existing woodlands or specimen trees by ensuring their location in open space areas. This is evidenced with the location of a village green around the identified specimen Delaware Pine and the dedicated tree save area in Landbay F. A second significant stream, an unnamed tributary to the Opequon Creek, traverses the southern portion of this property. Once again this feature and its associated flood plain, steep slopes, and mature woodlands have been located within areas of open space. A small amount of disturbance of the environmental features associated with the unnamed tributary will occur due to the construction of Warrior Drive. The master development plan prepared for this project ensures and demonstrates that any disturbance of identified environmental features will be done in accordance with all applicable local, state, and federal requirements. Rezoning #12-05 — Villages at Arnie July 21, 2005 Page 7 The majority of the Villages at Artrip site are generally more suitable for development as it relatively level and open. Historically, the site was used for agricultural purposes. Located internal to the site are smaller areas of wetlands and waters of the U.S. which have been incorporated into the design of the master development plan. Of particular note is the farm pond located central to the project that the applicant has proffered to preserve as a focal point or visual amenity to the project. This village pond and its associated wetlands may be enhanced for stormwater management function however its environmental integrity and aesthetic quality will be maintained with its proffered preservation. 5) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 820 residential units, 60,000 square feet of office use, 150,000 square feet of retail use, and two 6,000 square foot restaurants would ultimately generate 15,623 vehicle trips per day. The actual proffered mix of land uses, identified in the introduction to this application, should be considered in comparison to this assumption when evaluating the TIA. The report was developed with primary access to the project being via the proposed Warrior Drive, a future roadway. The report was separated into three phases generally consistent with the proffered phasing of the development. Phase 1 assumes 297 residential units along with the completion of Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip; Phase 2 assumes 577 residential units and 10,000 square feet of retail along with the completion Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip; and Phase 3 assumes the build out of the entire Villages at Artrip development along with the completion of Warrior Drive from south of Tasker Road to north of Crosspointe Boulevard a future roadway within the planned Crosspointe development. The TIA concludes that the traffic impacts associated with the Villages at Artrip application are acceptable and manageable. The conclusion of the TIA further identifies suggested improvements that are assumed to be implemented to achieve an acceptable level of service at intersections throughout the study area network and to achieve an acceptable and manageable conclusion. It should be noted that many of the improvements identified relate to intersections beyond the boundaries of this project and that some of the identified improvements may be accomplished with other development projects. The Villages at Artrip project has not proffered to address any of the identified off-site improvements that are identified in Figure 21a of the TIA (Phase 3: 2012 build out lane geometry and levels of service) which would accommodate this and other adjacent background projects and traffic. The assumption of the Villages at Artrip project is that these improvements will be put in place by others and that ultimate connection to the study area network will occur Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 8 in a timely fashion. The transportation proffers provided by the Villages at Artrip project relate directly to on-site transportation improvements with one exception, the connection of Warrior Drive to its currently planned terminus on the Wakeland Manor project. Staff Comment: A scenario could be envisioned where the Phase III build out of the Villages at Artrip project would occur, including the construction of the road network through the limits of the Villages at Artrip property, prior to any development in the adjacent portion of the Crosspointe development. This scenario would be problematic when considering the structure of the Villages TIA as this key connection to an off-site transportation network is the main assumption of the third phase of the TIA. With no connection to Warrior Drive internal to the Crosspointe project, and subsequently the other transportation improvements that are part of the Crosspointe project, the assumptions of the third phase of the Villages TIA should be carefully considered. With the above scenario in mind, and with the sole access to the property being via Warrior Drive south to Tasker Road, it has not been demonstrated by the applicant that a Level of Service C will be achieved at the Warrior Drive/Tasker Road (south) intersection, and at other locations throughout the study, with the full build out of the Villages project as permitted by proffer. Any effort to advance the ultimate construction of Warrior Drive from Tasker Road through to Crosspointe Boulevard as depicted in the TIA would be beneficial to the Villages at Artrip project. Transportation Approach. The Villages at Artrip application addresses the transportation improvements identified in the Comprehensive Plan and necessary to accommodate the Villages development by proffering to develop the ultimate four lane section of Warrior Drive within the limits of their property and beyond to connect with the currently planned terminus of the road on the Wakeland Manor property. The ultimate section of Warrior Drive is described in the impact statement and is identified in the MDP. Also proffered is the construction of Parkins Mill Road from its intersection with Warrior Drive to the limits of the property adjacent to the Canter Estates Section V property. Parkins Mill Road will be constructed by the applicant to a point that provides a connection to the existing road within Canter Estates Section V. The typical section of Parkins Mill Road is also depicted on the MDP. The applicant has proffered a three phased approach to the transportation improvements identified above that is consistent with the phasing provided for the proposed land uses within the project. In addition, the application has proposed an alternative three phased approach to the transportation improvements in the event that access to the project from the north and the Crosspointe development is advanced ahead of access to the south through the Wakeland Manor project. Rezoning 412-05 — Villages at Artrip July 21, 2005 Page 9 The completion of Warrior Drive entails the construction ofthe previously noted bridge over the unnamed tributary of the Opequon Creek. This significant crossing will occur with the first phase of the transportation improvements for the project. This crossing should accommodate the trail that parallels the length of Warrior Drive as identified in the proffers and the MDP. One roundabout intersection at Parkins Mill Road and two signalized intersections are identified in the TIA as being provided with this project. Pedestrian accommodations have been proffered at those locations where signalization is referenced in the TIA. Staff Comment: The Proffer Statement alludes to the provision of signalization consistent with the TIA however the Proffer Statement does not specifically state that signalization will be provided at the locations identified in the TIA. Clarity should be provided by the applicant and in the Proffer Statement. This is particularly critical with the proffered location ofa school site atone of these intersections. The Proffer Statement provides for the connection of Warrior Drive to the existing section of Warrior Drive in Wakeland Manor in Phase 1 of the road phasing program if Warrior Drive construction and phasing is initiated from the south. However, the road phasing program if construction is initiated from Crosspointe provides no commitment to making the connection to the existing section of Warrior Drive in Wakeland Manor, only to Point as identified on the MDP. This critical omission should be clarified by the applicant and in the Proffer Statement, Also, Proffer 14.7.3 should be revised to ensure that Warrior Drive is constructed to the existing section of Warrior Drive in Wakeland Manor prior to the issuance of the 681s' residential building permit. All road construction triggers should refer to issuance of residential building permits not occupancy permits. It is important to ensure that the Parkins Mill Road extension, and connection to Canter Estates Section V, is in place in a timely fashion. It is staff's belief that this connection should be in place in conjunction with Phase two of this development if not sooner. Bicycle and pedestrian access has been provided throughout the project. The locations and details for these accommodations are clearly identified on the MDP. Staff has previously requested that consideration be given to extending pedestrian access to the adjacent Lakewood Manor subdivision. This would be extremely desirable and enhance access between the developments and to and from the dedicated elementary school site. The applicants currently own Lot 121 in the Lakewood Manor Subdivision. Pedestrian access at this location, via an access easement into the Villages at Artrip sidewalk network, would be appropriate and should be reconsidered by the applicant. The applicant should also consider extending a sidewalk along the south side of Parkins Mill road to provide a connection between the apartments and the adjacent Canter Estates Section V development. Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 10 B. Sewer and Water The Villages at Artrip rezoning proposal is estimated to require approximately 204,710 gallons per day of water usage and is expected to generate a similar amount of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Parkins Mill Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority offered no comment and the review of the Frederick Winchester Service Authority identifies that the application recognizes that the expansion of the Parkins Mill facility is necessary to accommodate the projects build out. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Study Working Group, proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Historic Resources While no significant historical resources were identified on the property pursuant to the Frederick County Rural Landmarks Survey and other identified sources, several sites of interest were identified by the applicant. In particular, a family cemetery was identified that contained 3- 5 gravesites. The applicant has incorporated the gravesite area into the reserved open space to ensure that it remains undisturbed. D. Community Facilities The Frederick County Fiscal 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, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The Fiscal Impact Model output for this project indicates a net negative fiscal impact at the build out of the project. It should be recognized that the applicant has only proffered the construction of 10,000 square feet of commercial use with the project. The ability remains to provide up to 118,550 square feet of commercial. However, the applicant has stated that this is dependent upon the ultimate completion of Warrior Drive from Crosspointe Boulevard to Tasker Road. No time frame is offered for the completion of the road and therefore no credit is provided for this potential commercial use. The R4 District requires that sufficient commercial areas shall be provided to meet the needs of the planned community, to provide for an appropriate balance of uses, and to lessen the overall impact of the planned community on Frederick County. The applicant has been encouraged to increase their commitment to the Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 11 introduction of a greater amount of commercial square footage at an earlier stage of the development phasing. A result of such a commitment would be to minimize the fiscal impact of the project to the County. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. In recognition of the fiscal impacts associated with this application the applicant has proffered a contribution in the amount of $337 per residential unit for the public school system. The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application: The evaluation anticipated that the proposed 155 single-family homes, 180 town houses and 570 multi -family units will yield 49 high school students, 47 middle school students and 131 elementary school students for a total of 227 new students upon build -out. Further, that significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Following the initial review of this application, the applicant resubmitted the rezoning application with a proffer statement that provides approximately 11 acres to be dedicated for a future elementary school site. The schools provided the following comment: The minimum acreage needed for an elementary site would be 15 acres. It is imperative with the above number of units included with this project that an elementary school be located in this area. With current building trends, future considerations need to be given to additional middle and high school facilities. Also because of the continued growth in Frederick County, the replacement of certain administrative facilities such as the transportation and administration, which currently have exceeded their capacity, will need to be replaced or expanded. This proffer helps to address the impact of a future elementary school; however, the impact of this type of application on other current and future school needs should be considered during the approval process. The proposed dedication of land to facilitate the location of an elementary school in a location central to the rapidly developing areas of the County appears to be desirable in conj unction with this project. The availability of land from the properties adjacent to the proposed 11 acre dedication would have to be pursued to ensure that sufficient area could be obtained to accommodate an elementary school site. Alternately, sufficient area could be provided by the applicant within their property. It would also appear as though other impacts recognized by the public school system could be addressed to a greater extent. Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 12 The applicant has also proffered a further dedication of 5 acres of public land identified as Landbay F adjacent to the 11 acres, and has proffered a financial contribution to offset the fiscal impacts to the various County entities consistent with the results of the Fiscal Impact Model. E. Permitted Uses and R4 Modifications. The Zoning Ordinance allows a variety of uses within the R4 District. In addition to this flexibility, the Ordinance provides for the preparation of an alternative dimensional requirement plan. The applicant may also request modifications to specific requirements of the Zoning and Subdivision Ordinances. The applicant should justify that the requested modification is necessary or justified and further advance the goals and intent of the R4 residential planned community and particular project. The applicant's justification for the Villages at Artrip is contained within the Executive Summary of the Impact Statement and generally revolves around the desire to develop a neo -traditional development within the context of the residential planned community district concept. Modification #1 (Section 165-72.B.(2)) The Villages at Artrip application proposes modifications to the housing types permitted with this project. Appendix A, proposes an alternative dimensional requirement plan which is incorporated into the Proffer Statement. This appendix provides additional development standards that shall apply to the Villages at Artrip project. Appendix A introduces several new Housing types including rear loading single family detached cluster housing types, single family attached stacked flats, and single family attached back to back units. This proffered Appendix constitutes an extension to the permitted uses within this district that are specifically applicable to this project. Modification #2 (Section 165-71. Mixture of Housing Types Required) The applicant is requesting that more than 40 percent of the total residential land area may be used for multifamily housing products. The master development plan identifies the general layout of the permitted uses and provides a clear picture of how the proposed uses relate to each other. The approval of this modification would enable the master development plan be developed as presented. Modification #3 (Section 165-62.D) The applicant is requesting an increase in the overall gross density of the project from 4 units per acre to 5.4 units per acre. The gross density of any development of any development with an approved master development plan which contains more than 100 acres shall not exceed four dwellings per acre. This requirement is contained within the RP (Residential Performance) District. It is the applicants believe that an increase in density is warranted in order to achieve the desired neo -traditional residential planned community and facilitate the proposed public improvements and proffered land dedication commitments. Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 13 6) Proffer Statement — Dated June 2005, revised June 17, 2005 The Villages at Artrip Proffer Statement is substantial in size and content and includes an appendix containing an alternative dimensional requirement plan. However, probably the most significant element of the Proffer Statement is the master development plan that has been prepared for this project. This master development plan identifies the layout, design, and details of the project and seeks to create an innovative and unique neighborhood that is representative of the intent of the R4 Residential Planned Community District. The master development plan identifies a core area that is designed to establish the tone and character for the development. The master development plan has been reviewed for conformance with the master plan requirements of the Zoning Ordinance (see section 7). The provision of the master development plan provides additional security as to the development of the property. Future modifications to the master development plan would necessitate this project going through a new rezoning process and a thorough public evaluation. The following is a summary of some of the other key elements of the proffer statement. 1) A maximum of 905 residential units. 2) A gross residential density of 5.40 units per acre. 3) An allowance for a 10 percent reduction in the required number of parking spaces. 4) The phasing of the development as follows, Phase I — 300 units, Phase II — 3 80 units for a total of 680 units and 10,000 square feet of commercial, Phase III — 225 units for a total of 905 units. 5) The construction of community facilities and improvements within the second phase of development. 6) Architectural, signage and landscaping standards. In particular, adjacent to Warrior Drive. 7) A pedestrian and bicycle trail system. 8) Financial contributions to offset the fiscal impacts of the development on County resources. 9) The dedication of 11 acres of land as depicted on the MDP for use as a future elementary school site and an adjacent 5 acres for public use. 10) The preservation of the Village Pond within the core area as a visual amenity. This should be guaranteed within the context of its present state and may be improved or enhanced for stormwater management purposes. 11) Transportation improvements previously discussed in greater detail in this report. 7) Master Development Plan Conformance Review This preliminary Master Development Plan for the Villages at Artrip is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance, with the exception of some issues that still remain. These issues are as follows: Rezoning #12-05 — Villages at Artrip July 21, 2005 Page 14 • Sidewalks are only shown on one side of some of the residential streets. In accordance with §144-18 of the Frederick County Subdivision Ordinance, sidewalks are required along both sides of the roads. The plan needs to be revised to show all of the required sidewalks, or a notation needs to be provided to that effect. • A note should be provided on the MDP that the sidewalks on the eastern side of the property will connect with the Canter Estates section five Subdivision. • A trail should be shown through the existing Lakewood Manor Subdivision, lot 121, to give them access through the Villages project to the proposed school site. • Details for the road efficiency buffer and residential separation buffer have not been provided. A cross section of these buffers showing the required trees and opaque element needs to be provided on sheet 4 of the MDP. All of the issues identified by staff should be appropriately addressed prior to a recommendation to the Board of Supervisors on the Master Development Plan. Any accommodations or waivers endorsed by the Planning Commission that address the above issues should be incorporated into the MDP through this rezoning process. STAFF CONCLUSIONS FOR 08/03/05 PLANNING COMMISSION MEETING: The Villages at Artrip rezoning, an application to rezone 169 acres from RA (Rural Areas) to R4 (Residential Planned Community), is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. In addition, the preliminary Master Development Plan for the Villages at Artrip, MDP# 09-05 is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance, with the exception of some issues that still remain. The Planning Commission should ensure that the applicant fully addresses the outstanding issues on the master development plan. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Followin,- the required public hearing, a recommendation re'aarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planninz Commission. � OUTPUT MODULE APPLICANT: Tower Artrip Net Fiscal Impact TY � LAND USE TYPE Mixed Use R4 U $axed Costs of Impact Credit REAL EST ,000 Credits to be Taken for Future Taxes Paid (NPV) Required (entered in Total Potential Adjustment For FIRE 8 RESCUE = Cur. Budget Cur. Budget Cap. Future CIP/ 11 Capital Faci786 col sum only) Oper Cap Equip Expend/Debt S Taxes. Other Tax Credits Revenue- Net Capital Net Cost Per Fire and Rescue Department $455,786 {Unadiusted) Cost Balance Facilities Impact Dwelling Unit Elementary Schools $2,302,157 $0 $0 Middle Schools $1,250,293 $455,786 $506 High Schools $1,594,291 $352,882 $1,713,024 Parks and Recreation $2,065,906 $1,782,247 $3,364,495 $3,738 Public Public Library $927,188 $208,957 Sheriff's Offices $208,957 ---- $180,267 $746,922 $830 $95,399 $45,081 Administration Building $116,467 $0 $19,485 $122,429 $45,081 $135,951 $38,891 $117,285 $122,299 $136 Other Miscellaneous Facilities $156,193 $0 $0 $0 $0 $224,425 $247,779 $472,2$0 $407,368 $122,429 $0 $136 SUBTOTAL $7,064,927 $693,774 LESS: NET FISCAL IMPACT $0 $1,960,8D3 $273,523 $2,928,099 $2,526,057 $0 NET CAP. FACILITIES IMPACT $p $4,538,870 $5,043 $0 5-0 43 $4,538,870 $5,043 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 PLANNING DEPT PREFERENCES �'0 Rev -Cost Bal = 0.643 1.0 - - - - ----------- -------------------- -------------------------------- -------------------- METHODOLOGY: 1. Capital facilities requirements are input to the first Ratio to Co Avg 0.863 column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of -------- -------------------- --- second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to for avg. all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. ------------------ ------------------ - ------------------------ ------------------------------- ------------------------ ----------------- ----- --------------------- NOTES: Model Run Date 03/18/05 MTR ---------------------- ------------------------ -------------------- ---- 'roject Description: Option 1 - Assumes rezoning of 169.924 acres to R4 with 190 single family detached homes, 180 single family attached homes, 530 multifamily homes, **"Assumes no commercial development***. )ue to changing conditions associated with development in the County, the results of this )utput Module may not be valid beyond a period of 90 days from the model run date. GLAIZE DEVELOPMENTS % 75 A 96 a 54gRUF� sr 4 g�R ARTRIP 76 A 13 WINCHESTER ARTRIP 75 A 99A j tai ,S Wakeland Manor Land Trust \ —Ft 75•A•101 JASBO 76 A 23 76C•1.5.385A 100 Wakeland Manor Land Trust 75•A-100 REZ#12-05/MDP#09-05 Villages At Artrip N (75 - A - 99A) WE 0 250 500 1,000 S Feet 1 4 1 yl 1 Map Features /*v Bridges •I Alcation ppi _ N Culverts[ Parcels Lakes/Ponds AV Dams Agricultural a Forestral Districts »o— Streams ..>'e Retaining Walls rMuble C]iur Buildings Road Centerlines Refuge Cnuri, _j Tanks r'. �'- South Frederick ^/rail: JASBO 76 A 23 76C•1.5.385A 100 Wakeland Manor Land Trust 75•A-100 REZ#12-05/MDP#09-05 Villages At Artrip N (75 - A - 99A) WE 0 250 500 1,000 S Feet 1 4 1 yl 1 GLAIZE DEVELOPMENTS % 75 A 96 48 Ove R sr �S gOgFR WINCHESTER ARTRIP 75 A 99A e� oa a 9gg aha P �aaaO ly 99 et cKr.0 Ftea 5�9 in ARTRIP 76 A 13 0 Wakeland Manor Land Trust 75-A-101 JASBO 76 A 23 76C -1.5-385A' 1 100 C'.+ Wakeland Manor Land Trust 75-A-100 REZ # 12 - 05 / MDP # 09 - 05 Villages At Artrip N (75 - A - 99A) w E 0 250 500 1,000 S Feet Map Features •i+gt ��� Application Bridges Parcels , ^/ Culverts LakeslPonds ^v Dams ; Agricultural & Porestral Distrlets Streams 111' Retaining Walls Dotible Church Buildings Road Centerlines R^ge Ct, I _'.'' Tanks -' C� South Frederick IV -1,-: Trails in ARTRIP 76 A 13 0 Wakeland Manor Land Trust 75-A-101 JASBO 76 A 23 76C -1.5-385A' 1 100 C'.+ Wakeland Manor Land Trust 75-A-100 REZ # 12 - 05 / MDP # 09 - 05 Villages At Artrip N (75 - A - 99A) w E 0 250 500 1,000 S Feet PROFFER STATEMENT REZONING: RZ. # 1-b : RA to R4 PROPERTY: 169.924 acres +/-; Tax Map & Parcel 75-A- 99A (the "Property") RECORD OWNER: Winchester-Artrip Limited Liability Company, a Virginia Corporation APPLICANT: Winchester-Artrip Limited Liability Company PROJECT NAME: Villages at Artrip ORIGINAL DATE OF PROFFERS: June 2004 REVISION DATA: June 17, 2005 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Applicant ("Applicant'), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "Final Rezoning" defined as that rezoning which is in effect on the day upon which the Frederick County Board of County Supervisors (the `Board") grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Master Development Plan" shall refer to the plan entitled "Master Development Plan, The Villages at Artrip" prepared by Dewberry (the "MDP") dated June 17, 2005, sheets 1-4; provided further that sheet 5 thereof, entitled General Development Plan ("GDP"), shall not be deemed a part of the MDP submittal but is otherwise proffered as set forth herein. 1. LAND USE 1.1 The project shall be designed so as to establish interconnected mixed- use villages in conformance with the MDP and the GDP, and as is specifically set forth in these proffers. 1.2 Except as modified herein, areas of commercial development on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, §165-67 through §165-72, as cross-referenced to Article X, § 165-82, Sections A through D inclusive, and § 165-83. All commercial development on the Property shall comply with the aforesaid regulations, or as may be otherwise approved by Frederick County. 1.2.1 Commercial, retail, restaurant and office development on the Property shall not exceed a maximum of 118,550 square feet, and shall be provided within the Core Area. 1.3 Except as modified herein, areas of residential development on the Property shall be developed in conformance with the regulations of the Planned Community ("R4") zoning district, including permissible housing types, including those set forth in the Frederick County Code Article VII, § 165-67 through § 165-72, as cross-referenced to Article VI, § 165-58, through § 165-66, including as set forth in Appendix A. In the event that the Applicant elects to construct any of the unit types that are set forth on Appendix A attached hereto and incorporated herein by reference, such units shall conform to the development standards established therein. Unit types and lot layouts within these Landbays may comprise any of the permitted unit types identified for those Landbays as set forth on the MDP or as are otherwise authorized for the RP district as it is incorporated by reference into the R4 district; provided further that no more intensive unit type may be constructed in any Landbay than is identified as a unit type permitted therein on the MDP_ 1.3.1 Residential development on the Property shall not exceed a maximum of 905 dwelling units, with a mix of housing types permitted in the R4 district, subject to the modifications as set forth in Appendix A, and dwelling types shall be constructed in the locations generally depicted on the MDP and as further set forth herein. 1.3.2 For the purposes of these proffers, single-family attached and detached and multi -family units shall include those housing types identified on the MDP and set forth in the applicable provisions of the Zoning Ordinance including detached cluster housing, small lot singles, single-family urban, zero lot line singles, and village rear load singles. Multi -family units shall include apartments and duplex units. 1.4 Development of commercial, residential and community uses within the area identified on the MDP as the "Core Area" shall generally conform to a grid lot layout, and the street layout and unit types depicted therein on the MDP. Not fewer than two housing types shall be provided in the Core Area. The layout of the Core Area shall be constructed in general conformance with the GDP, provided that reasonable adjustments may be made to the locations thereof upon final engineering. 2 1.4.1 The Applicant shall construct not fewer than 30 residential units in the Core Area in Phase I of the development as otherwise set out herein. 1.5 Development within the Landbays on the Property outside the Core Area shall generally conform to the street layouts, points of connection to Warrior Drive and Parkins Mill Road, and the limits of development as are depicted on the MDP; provided that minor adjustments may be made to the locations thereof upon final engineering. Unit types and lot layouts within these Landbays may comprise any of the permitted unit types identified for those Landbays on the MDP and authorized herein or subsequently approved by the Frederick County Planning Office; provided further that no more intensive unit type may be constructed in any such Landbay than is identified as a unit type permitted therein on the MDP. 1.6 Notwithstanding any provision of law to the contrary, rental apartments, condominium units and rental apartments over retail and office uses shall be permitted. 1.7 The gross density of residential units shall not exceed 5.40 units per acre. 1.8 Shared parking shall be provided for retail, restaurant and office uses within Landbay "A" such that a 10% reduction or increase of the required parking spaces shall be permitted. 1.9 The Applicant shall make reasonable attempts to preserve the specimen Delaware Pine on the general vicinity of the cemetery on the property within the Village Green area to be preserved. 2. CONSTRUCTION OF A UNIFIED DEVELOPMENT 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances and regulations for the R-4 zoning district, the MDP, and this Proffer Statement as it may be accepted by the Board. 3. PHASING OF THE DEVELOPMENT 3.1 The residential portions of the Property are proposed to be developed in three phases, with the commercial portions of the Property to be developed in Phases II and III. The three phases shall be authorized as follows: 3.1.1 Phase I. Residential development shall not exceed 300 dwelling units. 3.1.2 Phase II. Residential development shall not exceed an additional 380 dwelling units, for a total of 680 dwelling 3 units. Commercial development shall include a minimum of 10,000 square feet of commercial/retail/restaurant gross leaseable floor space. 3.1.3 Phase III. Residential development in Phase III shall not exceed the remaining permitted dwelling units. Because the Applicant cannot anticipate either market conditions, or the timing of the completion of a through connection of Warrior Drive from Interstate 81, through Crosspointe Boulevard (as presently named) and Wakeland Manor to Tasker Road and Route 340/522, the Applicant cannot commit to the construction of additional commercial at any fixed point in time. Notwithstanding the foregoing, and except to the extent set forth in the proceeding proffer, the Applicant may construct all or any portion of the commercial development authorized in these proffers at any time. 3.1.4 Community improvements. Community -serving improvements such as playing fields, community center, tennis courts and similar improvements as shown on the MDP shall be constructed in conjunction with the Landbay with which such improvements are associated; provided that the community center and pool to be constructed in the Core Area shall be designed and bonded at the beginning of Phase Il, and constructed prior to the initiation of Phase III. 4. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 4.1 The following building materials may be used for construction within the Property, and no others: 4. 1.1 Pavements / Curbing shall consist of cast in place concrete, natural and colored; aggregate concrete; precast concrete, natural and colored; concrete pavers; brick pavers; stone pavers; asphalt pavers; granite; ceramic tile; asphalt. 4.1.2 House sidings shall consist of EFIS; stucco; brick; cementious siding; cedar siding; stone veneer; painted wood; vinyl siding; stained wood; aluminum; hardy plank; PVC trim. 4.1.3 Decking and fencing shall consist of pressure treated wood; stained wood; painted wood; PVC fencing; IPE decking; cedar decking; TREX decking or similar recycled product. 4.1.4 Miscellaneous materials that may be used shall consist of standing seam metal roofing, colored; slate roofing; asphalt roofing; powder coated steel, colored; galvanized steel; El aluminum brushed; anodized aluminum, colored; 304 stainless steel; chrome; canvass; neon. 4.2 Vinyl siding shall not be used on the front elevation of residential structures facing Warrior Drive or on the fronts of residences located on corner lots that intersect with Warrior Drive. The side of a residential structure that faces Warrior Drive located on a corner lot on a road that intersects Warrior Drive is not permitted to have vinyl siding on that elevation. 4.3 Notwithstanding the foregoing, materials used for exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (CMU) split -faced block, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. Standard concrete masonry block shall not be used for the front facades of any buildings. 4.4 All buildings within the development on the property shall be constructed using compatible architectural styles. The Applicant shall establish one or more Architectural Review Boards to enforce and administer a unified development plan. 4.5 All signage within the project shall be in substantial conformity with the comprehensive sign plan incorporated herein as part of the Rezoning and MDP; provided that the Director of Planning may authorize alternative signage that is substantially consistent with the aforesaid sign plan. 4.6 The major collector roadways (Warrior Drive and Parkins Mill Road Extended) in the Villages at Artrip shall be constructed with a minimum 20' width buffers adjacent to dedicated rights-of-way and, except at entrance locations, shall be improved with landscape features and lighting to create a "boulevard" appearance. Illustrative details of such buffers are as set forth on the MDP. 5. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 5.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development and provides additional connectivity to adjacent properties. Said trails shall be in general conformance with the South Frederick Land Use Map and shall be in the locations generally depicted on the MDP. Five foot sidewalks shall be constructed on all public streets and a minimum of four foot sidewalks shall be constructed on private streets. The pedestrian/bicycling trail constructed along Warrior Drive shall be 10 feet wide, and shall have an asphalt surface. 5 6. FIRE & RESCUE: 6.1 The Applicant shall contribute to the Board the sum of $537 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 7. SCHOOLS: 7.1 Within one hundred and eighty days of written request therefor, the Applicant shall dedicate to the Board of Supervisors approximately eleven (11) acres of land as depicted on the MDP for use as a future elementary school site in conjunction with the adjacent property of others; provided further that the Applicant shall be permitted to retain an easement thereon for the construction of stormwater management facilities. The Applicant shall coordinate any such facilities with the County to assure that such facilities do not materially impede the use of the property for an elementary school, and that, to the extent possible, such facilities may serve both the Applicant and any school constructed thereon. The Applicant shall be permitted to retain the right to construct stormwater management facilities for both quality and quantity purposes, on the dedicated property. 7.2 In the event that the Board of Supervisors, or School Board, determines not to use the said property for an elementary school site, and to declare the property surplus, the Applicant shall have a right of first refusal to purchase the same at its then fair market value. 7.3 The Applicant shall contribute to the Board the sum of $337 per dwelling unit for educational purposes, payable upon the issuance of a building permit for each such unit. 8. PARKS & OPEN SPACE: 8.1 The Applicant shall contribute to the Board the sum of $847 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. 9. LIBRARIES: 9.1 The Applicant shall contribute to the Board the sum of $137 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. 10. ADMINISTRATION BUILDING: 10.1 The Applicant shall contribute to the Board the sum of $144 to be used for construction of a general governmental administration building upon issuance of a building permit for each such unit. 6 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 11.1 The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stormwater management facilities not dedicated to public use, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella HOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use specifically including the "Village Green" area as depicted on the MDP, (ii) common buffer areas located outside of residential lots; (iii) private streets serving the residents who are members of such association; (iv) common solid waste disposal and recycling programs, including curbside pick-up of refuse by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 11.3 The commercial elements of the development shall be made subject to one or more property owners' association(s) (hereinafter "POA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stormwater management facilities not dedicated to public use, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.4 In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all 7 common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) private streets serving the businesses and/or residents who are members of such association; (iv) common solid waste disposal and recycling programs to include dtffnpster and contract carrier services provided by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or parcels, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection at the property boundary. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 13. ENVIRONMENT: 13.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 for the purpose of providing the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.2 Stream preservation buffers shall be constructed in general conformance with the MDP, so as to create buffer requirements established by the Frederick County Zoning Ordinance to protect Opequon Creek and the unnamed tributary to Opequon Creek from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, water lines, sanitary sewer, or other utilities. 13.3 During construction on the property, the limits of clearing and grading shall be identified and field flagged in connection with the Applicant's compliance with requirements of the Frederick County Erosion and Sedimentation Control Ordinance, for the project as a whole, to prevent unintended disturbance of areas to be preserved. 13.4 The Village Pond located within the Core Area shall be improved and preserved as a visual amenity and may be used for storm water management purposes for both quality and quantity. 13.5 In addition to the dedication of property for school purposes, the Applicant shall separately dedicate Land Bay F as generally depicted on the MDP, in phases, to such public entity as may be directed by the Board of Supervisors, in its discretion. 13.5.1. In any event, and regardless whether such dedication is requested or made, the Dedicated Tree Save Area in Land Bay F as shown on the MDP shall be preserved undisturbed. 13.5.2. If the property is dedicated, the Applicant shall be permitted to retain the rights to temporary and/or permanent grading easements necessary for the construction of the Villages at Artrip, including roads, bridges, utilities and stormwater management facilities. 14. TRANSPORTATION: 14.1 Transportation improvements shall be constructed in conjunction with each phase of the development as set forth below. Design of the roadway system shall be phased as set forth in these Proffers and shall be substantially consistent with the study entitled "A Phased Traffic Impact Analysis of The Villages at Artrip," prepared by Patton, Harris, Rust & Associates, dated May 6, 2004 (the "TIA"). The exact location and design of proffered improvements shall be subject to reasonable adjustment upon final engineering thereof The Applicant shall construct pedestrian -actualized signalization at those locations for which such signalization is referenced in the TIA, upon issuance of warrants therefor. 14.2 Prior to the issuance of certificates of occupancy for residential uses on streets to be placed into the State System of Secondary Highways, the Applicant shall comply with the requirements of Section 144-17 (A) of the Frederick County Subdivision Ordinance. For the purposes of these Proffers, construction of any road or street referenced herein shall mean construction consistent with the requirements of that section. 14.3 Phase I road phasing for Warrior Drive if construction is initiated from Wakeland Manor: The following traffic improvements shall be designed and constructed during Phase I if construction thereof shall begin at the southernmost portion of the Property. 14.3.1. Prior to the issuance of the first residential occupancy permit for the project, the Applicant shall construct an extension of Warrior Drive in a northwesterly direction from Point A to Point C as depicted on the MDP, as a full section of a four lane divided roadway, including construction of a full section of a roundabout or traffic signalized intersection, as may be 0 approved by the Virginia Department of Transportation, at the intersection of Warrior and Parkins Mill Road. 14.3.1.1. In conjunction with such construction, the Annlir.nnt zhnll rnnnPet Wa.—.;or Dive :--- i he rr--- -- adjacent property known as Wakeland Manor, so as to match the pavement widths of that portion of Warrior as constructed by others. The bridge crossing of the unnamed tributary of the Opequon on the southernmost edge of the Property at Point A shall be constructed to accommodate the ultimate design of Warrior Drive. The right-of-way for the ultimate design of Warrior Drive shall be 100' in width. 14.4 Alternate road phasing for Phase I of Warrior Drive if constructed from Wakeland Manor: As an alternative to the foregoing phasing schedule for Phase I of Warrior Drive, and at the sole discretion of the Applicant, the Applicant shall construct a full section of Warrior Drive as a full four lane section roadway, including the bridge crossing of the unnamed tributary of the Opequon from Point A to a full section of the roundabout or signalized intersection at Point B, and shall further construct a full two lane section of Parkins Mill Road from Point B to Point 131, (or from Point B1 to B if construction access is obtained through Canter Estates), as depicted on the MDP. 14.5 Phase II road phasing for Warrior Drive if construction is initiated from Wakeland Manor: The following traffic improvements shall be constructed as part of Phase II if construction thereof shall begin at the southernmost portion of the Property. 14.5.1. Prior to the issuance of the 301s' occupancy building permit, the Applicant shall construct Warrior Drive as a full four lane divided roadway from Point C to Point D, as generally depicted on the MDP or from Point B to Point C if not already constructed. 14.5.2. At the Applicant's discretion, if the Applicant has not already done so in accordance with the foregoing proffers, then prior to the issuance of the 301s' occupancy building permit, the Applicant may construct a full two lane section of Parkins Mill Road Extended, from its intersection with Warrior Drive at Point B to Point B1, as generally depicted on the MDP. The right-of-way for Parkins Mill Road shall be 80' in width. 14.6 Phase III road phasing for Warrior Drive if construction is initiated from Wakeland Manor: The Applicant shall construct the following 10 traffic improvements prior to the issuance of the 681 st residential occupancy permit as Phase III of the said improvements if construction thereof shall begin at the southernmost portion of the Property. 14.6.1. The Applicant shall construct the remainder of Warrior Drive to Point E as a full section of a four lane divided roadway. 14.6.2. If not already completed, the Applicant shall construct a full two lane section of Parkins Mill Road Extended, from its intersection with Warrior Drive at Point B to Point B1, as generally depicted on the MDP. The right-of-way for Parkins Mill road shall be 80' in width. 14.7 Road phasing if construction of Warrior Drive is initiated from Crosspointe: 14.7.1. In the event that others have constructed Warrior Drive from Crosspointe Center to the Property boundary, and Warrior is to be constructed from that boundary to the south, then prior to the issuance of the first residential occupancy permit for the project, the Applicant shall construct Warrior Drive in a southeasterly direction from Point E to Point C as Phase I of its road improvements. The Applicant will be allowed a minimum of 300 residential building permits within this Phase. 14.7.2. In the event the Applicant has constructed Warrior Drive from Points E to C as aforesaid, then prior to the issuance of the 301" residential occupancy permit, the Applicant shall construct Warrior Drive from Point C to Point B as Phase II or its road improvements. The Applicant will be allowed to build a minimum of 380 additional residential units in this Phase. 14.7.3. In the event the Applicant has constructed Warrior Drive to Point B as aforesaid, then prior to the issuance of the 681 st residential occupancy permit, the Applicant shall construct Warrior Drive from Point B to Points A and B 1 as Phase III of its road improvements. The Applicant will be permitted to build out the remainder of the residential units and commercial square footage in this Phase and prior to the completion of Warrior Drive and Parkins Mill Road. 14.8 All left and right turn residential and commercial entrances to Warrior Drive and Parkins Mill Road shall be limited to those locations as generally depicted on the MDP. 14.9 Warrior Drive shall be constructed with a trail section throughout the Property, and such trail shall be extended to Crosspointe and into Wakeland Manor. 11 14.10 The Applicant shall make no connection from Parkins Mill Road extended to Estates until such time as Warrior Drive has been constructed to permit traffic access through Wakeland Manor except for construction purposes. 14.11 The Applicant shall construct its internal road network as public or private roads as they are depicted on the MDP. In the event that the Virginia Department of Transportation declines to accept neo- traditional road designs for any such internal streets, the Applicant may construct such streets as private roads. 14.12 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 14.13 All public streets and roads shall be designed in accordance with the Virginia Department of Transportation specifications, and subject to review and approval by the Frederick County and VDOT. 14.14 All private streets and roads shall be constructed in accordance with the Virginia Department of Transportation standards therefor as set out on Sheet 3 of the MDP, and as modified thereby, and shall be owned and maintained by the homeowners or property owners association served by such streets or roads. 14.15 No construction traffic shall be permitted through Lot 121 in the adjacent Lakewood subdivision. In no event shall a permanent interparcel connection be made through said Lot. 14.16 The County shall permit the Applicant to construct a 2 -lane gravel access road as identified on Sheet 3 of the MDP, for construction access to the Villages at Artrip, including construction of roads, bridges, utilities, and stormwater management facilities. In the event the Frederick County Sanitation Authority does not retain ownership of the property through which such road would run, it shall in any conveyance retain rights for the use of such access road by the Applicant until full build out of the Property. Upon such completion, the Applicant shall terminate all rights thereto, but at the request of the County or the Authority shall leave such access road in place to permit maintenance access to the bridge between the Property and Wakeland Manor. 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 15.1 The Applicant shall preserve the Artrip Family Cemetery. The Applicant shall further create a 0.5 acre preservation park surrounding the Cemetery, as generally depicted on the MDP. 12 16. ESCALATOR CLAUSE 16.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 5% per year, non - compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGE 13 WINCHESTER ARTRIP, Limited Liability Company Jeffrey Abramson Title: Managing Member COMMONWEALTH OF VIRGINIA; CITY/COUNTY OF : to -wit The foregoing instrument was acknowledged before me this day of , 2005 , by My Commission expires: 14 Notary Public The Villages at Comprehensive Sign Package The Villages at Artrip CONTENTS P1 : Gateway Identity Sign p: : Primary Directional Sign p3 : Secondary Directional Sign (option A p4 : Secondary Directional Sign (option 6 P5 : Tertiary Directional Sign p6 : Location Identity Sign p7 : Secondary Location Identity Sign (option A P8 : Secondary Location Identity Sign (option E) P9 : Primary Village Identity Sign plo: Secondary Village Identity Sign P11 : Detail Tenant Signs p12 : Multi -tenant Sign p13: Proposed Informational Sign �, In Via- .�' D h ll u "� a fi cA �) � ! y. R shown � �� � G � �raPfli � Yl � e'� F ,' d,, p u 7 !' i s u Y �.t.: d LSP a 4 ;'. y F �1 'big '� , i@ "I°{`y� u'x�iJ...* i Apr ':I "jy''�"j' r i g YT 'e d "ir?' Q pa' k�y7 rhq:l J 2i d� o; m r e o f Pa �I rr �" A t r�'�` 'h -gyp, `q� � '�5.1�.,Io IJV i5 9 Brick, 5R 'i � 'ti..lk'p �Ya n4.+16 • �'s.. ricL� i a �-�` �', � � +� I�If� : • ��/{[/�� �{�. P3� C a � �r fay. �rn � y/�Ay� �"' a^"°��' ��r, Ii .i�+g�; �'� Fa „ �F� p 431 4 4 i e 4d :aa' R,,it w,h ': Pgs,�. �' g!a .n4.1ern.. p8R.i 4a�n UC f q . � r i 25� oll P■1 t ;! I - �.q�S�/g It "� rJ� IP i r it SECONDARY DIRECTIONAL SIGN Option IN SIGN -.tLRTIARY f• MIN. opplow amol em OPTION A. m POST PjLtIAlA" VILLAGE Option B P.9 Retail T -e ant Signs . Projecting Sb, gn, Free Stand,ing,., signage -d illustratf-VA., and intei la ccinvey TINANT G. P.l PROs JSED INFORMATIONAL SIGN SiMOW P.13 APPENDIX A The following development standards shall apply to development within each Landbay for the following housing types listed below: SINGLE FAMILY DETACHED CLUSTER FRONT LOAD 1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE ADDED TO THE REQUIRED COMMON OPEN SPACE 2) MIN. TOTAL LOT AREA PER DWELLING 3) MIN. LOT AREA 4) MIN. YARDS: - SETBACK FROM ROAD ROW - SIDE YARDS - REAR YARD 5)MIN. LOT WIDTH AT SETBACK 6)MIN. LOT WIDTH AT ROAD ROW 7)MIN. OFF STREET PARKING EXISTING PROPOSED 10,000 SF 10,000 SF 8,000 SF 8,000 SF 35' 20' 10' 5' 25' 25' 60' 60' 30' 30' 2/ UNIT 2/ UNIT SINGLE FAMILY DETACHED CLUSTER REAR LOAD 1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE ADDED TO THE REQUIRED COMMON OPEN SPACE 2) MIN. TOTAL LOT AREA PER DWELLING 3) MIN. LOT AREA 15 EXISTING PROPOSED 10,000 SF 10,000 SF 8,000 SF 8,000 SF 4) MIN. YARDS: - SETBACK FROM ROAD ROW 35' 15' - SIDE YARDS 10' 5' - RF�4R VARTI 5)MIN. LOT WIDTH AT SETBACK 60' 60' 6)MIN. LOT WIDTH AT ROAD ROW 30' 30' 7)MIN. OFF STREET PARKING 2/ UNIT 2/ UNIT SINGLE FAMILY SMALL LOT REAR LOAD EXISTING PROPOSED 1) MIN. LOT SIZE 3,750 SF 3,750 SF 2) OFF STREET PARKING SPACES 2 2 3) SETBACK FROM STATE ROAD 25' 25' 4) SETBACK FROM PRIVATE ROAD 20' 15' 5) REAR YARD 15' 15' 6) SIDE YARD 5' 5' SINGLE FAMILY DETACHED CLUSTER REAR LOAD W/DETACHED GARAGE 1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE ADDED TO THE REQUIRED COMMON OPEN SPACE 2) MIN. TOTAL LOT AREA PER DWELLING 3) MIN. LOT AREA 4) MIN. YARDS: 16 EXISTING PROPOSED 10,000 SF 10,000 SF 8,000 SF 8,000 SF - SETBACK FROM ROAD ROW 35' 15' - SIDE YARDS 10, 5' - REAR YARD 25' 15' 5)MIN. LOT WIDTH AT SETBACK 60' 60' 6)MIN. LOT WIDTH AT ROAD ROW 30' 30' 7)MIN. OFF STREET PARKING 2/ UNIT 2/ UNIT MULTIPLEX STACKED FLATS PROPOSED 1) FRONT SETBACKS EXISTING PROPOSED 1) SETBACK FROM ROAD ROW N/A 35' 2) SETBACK FROM PARKING OR DRIVEWAY N/A 25' 3) SIDE YARD FROM PERIMETER BOUNDARIES N/A 15' 4) REAR YARD FROM PERIMETER BOUNDARIES N/A 25' 5) MIN. BUILDING SPACING N/A 30' MULTIPLEX BACK TO BACK UNITS EXISTING PROPOSED 1) SETBACK FROM ROAD ROW N/A 35' 2) SETBACK FROM PARKING OR DRIVEWAY N/A 25' 3) SIDE YARD FROM PERIMETER BOUNDARIES N/A 15' 4) REAR YARD FROM PERIMETER BOUNDARIES N/A 25' 5) MIN. BUILDING SPACING N/A 30' APARTMENTS/CONDOS APARTMENTS/CONDOS EXISTING PROPOSED 1) FRONT SETBACKS - FROM ROAD ROW 35' 35' - FROM PARKING OR DRIVEWAY 20' 10' 2) SIDE YARD FROM PERIMETER 17 BOUNDARIES 50' 50' 3) REAR YARD FROM PERIMETER BOUNDARIES 50' S0' 4) MIN. BUILDING SPACING 50' 50' 5) SETBACKS FOR OTHER USES NOT OTHERWISE SPECIFIED -FRONT - SIDE - REAR 35' 35' 15' 15' 50' 50' JA00\00419 Tower\004\Application SubmittalsTROFFERSTROFFERS 062005.doc 18 The Villages atArtrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 Introduction/Project Background The Villages at Artrip is a single tract of land acquired by the Applicant from W.F. Artrip Jr. and Enid Artip by deed dated May 15, 1989 and recorded in the Frederick County Clerk's office in Deed Book 713 at Page 417 (see Appendix A). The Applicant also owns an adjacent parcel of land designated as Lot 121, Lakewood Manor Section VIII. Historically, the Property was used for agricultural uses, but the Property has no current uses and has remained vacant since the Applicant's acquisition. The Property has no known resources of historic merit. A family cemetery has been located; however, it is unknown whether burials remain on that site. Accordingly, the cemetery will be protected by a buffer area surrounding the perimeter. The Applicant believes that this Property is suitable for rezoning to the requested R4 category given its location within the UDA, the SWSA, the CPP and proximity to the adjacent developments of Crosspointe Center, Lakewood Manor, Wakeland Manor and Canter Estates (see Exhibit 9). In addition, the Applicant recognizes the transportation elements proposed with this project (i.e. — Warrior Drive, Parkins Mill Road extended and Lakeside Drive) constitute key "links" shown on the South Frederick Land Use Plan (see Exhibits 10 & 11). 61 PF -V ?t BARTONSM 0 --$-.hg 01 N MU Shenandoah Moble home Park SURROUNDING PROJECTS THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC D.B. 713, P& 417 PARKINS MILL PRECINCT IN SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA Sacred Head Monoetery File Number 76030007 EXHIBIT 9 410- 40 IJAQ 7, 4®r, Wh- 130 816 Us'll A Drawn By RJS Plan Number 76030007 9 Designed By RJS Date SEPTEMBER 2004 ecked By MTW SURROUNDING PROJECTS THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC D.B. 713, P& 417 PARKINS MILL PRECINCT IN SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA Sacred Head Monoetery File Number 76030007 EXHIBIT 9 611 WEST JUBAL EARLY DRIVE WINCHECHESTER, VA 22601 PHONE: 540.678.2700 FAX:540.678.2703 -Lewberry & Davis LLC I HE VILLAGES AT ARTRIP DATE SCALE j 611 WEST JUBAL EARLY DRIVE WINCHESTER ARTRIP, LLC JUNE 2004 "=2 WINCHECHESTER, VA 22601 D.B. 713, PG. 417 1 MILES PHONE: 540.678.2700 FAX:540.678.2703 PARKINS MILL PRECINCT PROJ. NO. EXHIBIT www.dewberry.com SHAWNEE MAGISTERIAL DISTRICT a _ FREDERICK COUNTY, VIRGINIA 1276007 '� The Villages al Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 Suitability of the Site The land planning for the Villages at Artrip has carefully considered several environmental features of note, including: • 100 -year Flood Plains; and • Wetlands and/or Waters of the U.S.; and • Steep Slopes; and • Mature Woodlands; and • Prime Agricultural Soils; and • Soil or Bedrock Conditions that could create construction difficulties or hazards. Each element is discussed on the following pages. Table 1 shows the approximate areas of these features and area of potential impacts: 2 W Q o 0 0 0 Co tio 0) (3) ab O N N O N O O O N N O a O W rc Q Fr U a v, g W o 0 0 0 0 0 0 �OU000w co 00 L Q a U 2 Q h a w a j Q Q W LL tu J W Qm Z 0 0 0 O o IlkV3h J ~ U- J O O W W 2 W Q W rn Lo ca v m co x_W Q W J J C ~ Z N � 0 fl - 0 z g� o 2: O F-w0U LLu0Op� Q Z w 0 w Q w g w a w ¢ w cm)w~� w ¢ UL���c).a The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 100 year Flood Plain Two significant streams, the Opequon Creek and an unnamed tributary to the Opequon Creek, are adjacent to or traverse the Property. FEMA has mapped a flood plain for Opequon Creek and Frederick County's GIS data indicates a mapped flood plain for the same, as well as for the unnamed tributary (see Exhibits 12 & 13). Because the extension of Warrior Drive will cross the unnamed tributary, the Applicant prepared a flood plain study demonstrating the "existing" and "proposed" conditions within the project boundaries to ascertain any impacts to the floodplain. Given the significant topographical variation between Wakeland Manor and the Villages at Artrip along the Warrior Drive route, there will be minimal, if any, flood plain impacts. In addition, the street and lot layout will not impact the flood plain for Opequon Creek. Stormwater management systems and path/trail systems will be designed to minimize impacts. ZONE yS s ZONE C \ LIMIT OF STUDY T)I"E VILLAG S AT ARTRIP 0. ° o �o � ° D W z o �� \ \ \\` ZINEC -tiz �_ O N 21( I WB m o NATIONAL FLOOD INSURANCE PROGRAM ( o FLOOD INSURANCE RATE MAP Wrights \ 01 FREDERICK COUNTY, VIRGINIA d P 1P (UNICORPORATED AREAS) Rin w COMMUNITY PANEL NUMBER 510063 0200 B Q a ZONE ,4 a a EFFECTIVE JULY 17, 1978 i'±'���� " -'�' FEMA Flood Insurance Rate Map DRAFTED KLT CHECKED MTW Dewberry & Davis LLC 611 WEST JUBAL THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC DATE SCALE EARLY DRIVE BLDG B, SUITE C NSA WINCHESTER, PHONE: 540.678.2700 D.B. 713, PG- 417 PARKINS MILL PRECINCT IN JUNE 2004 PROJ. FAX: 540.678.2703 SHAWNEE MAGISTERIAL DISTRICT N0. EXHIBIT www.dewberry.com FREDERICK COUNTY, VIRGINIA 76030007 2 TM 75 ((A)) -99A ARTRF DB 713/4' 7 169.924 A, CS. THE ViL! AG S AT ARTRIP 1 R FLOOD PLAIN �y Dewberr � Dewberry & Davis LLC Drawn By RJS/KLT Plan Number 76030007 FLOOD PLAID DELINEATION OF UfilfVf4MED TRIBUTARY TO OpEQUON CREEK THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC File Number Designed By Date JUNE 2004 EXHIBIT 13 611 West Jubal Early Drive Winchester, Virginia 22601 PHONE: 540.678.2700 FAX: 540.678.2703 www.dewberry.com D.B. 713, PG. 417 PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Checked By MTW Scale i "= 300' The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 Wetlands and Waters of the U.S. The Applicant commissioned ECS, Ltd. to conduct a wetlands delineation report for the project (see Appendix B). ECS identified and located seven wetlands and four streams (see Exhibit 14). Those wetlands are classified as palustrine emergent (PEM), palustrine scrub/shrub (PEMIS 5), and palustrine forested (PFO). Wetland vegetation is dominated by green ash (Fraxinus pennsylvanica), seedbox (Ludwigia x lacustris), Frank's sedge (Carexfrankii) and soft rush (Juncus effuses). The main source of hydrology for these wetlands includes ground water fluctuation and surface runoff. The wetlands are underlain by Berks channery silt loam and Weikert- Berks channery silt loam. The Applicant's land plan integrates some of these features, including re -use and possible retrofit of the farm pond as a focal point for the central village green. Additionally, several of the swales are contained within planned open spaces. The Applicant will work with Frederick County staff, the Army Corps of Engineers and Department of Environmental Quality ("DEQ") representatives to determine actual impacts to these features. During the design and detailed engineering process, the Applicant will incorporate such design features as necessary to minimize the impact to wetlands within the open space network. 4 v. - - wr \- - � i • (` _ % / �I , ti ` tel•\ 1 /' ./ , ^\ TM 75 �CA))-99 �. `ARTRIF�, M/417 1 / i ACS, TOM f, 1 ts��4 " l �MP a THE V1 '1-AGS AT ARTFIIP`x _yam t' e' — •- J -'' - 1 j - - , ^ '.{ , - _ is / / -� 4: 1 -•_ �, � L'. ` / ' S ice, ..�„�' 0017 2 LEGEND �=T,,.. .. •• fes_ "_.- \ .:- _ - -�� :\".. \` ��j' ATERS OF THE M VI,'j UNITED STATES ..'"'_ ...... ....:.:.:.........:.... WETLANDS (0.89 ACRES) By Plan Number WETLANDS AND WATERS OF THE U.s File Number DewberryDrawn RJS 76030007 1 I --IE VILLAGES AT ARTRIP Designed By JLM Date JUNE 2004 Dewberry & Davis LLC WINCHESTER ARTRIP, LLC EXHIBIT 14 611 West Jubal Early Drive Winchester, Virginia 22601 D.B. 713, PG. 417 Checked By Scale PHONE: 540.678.2700„— KWN 1 —300 PARKINS MILL PRECINCT IN FAX: 540"678.2703 SHAWNEE MAGISTERIAL DISTRICT www.dewberry.com FREDERICK COUNTY, VIRGINIA The Villages atArtrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 Steep Slopes Based on uncontrolled topography dated late 1980's, areas on the Property exceeding 50% steep slopes were identified. (see Exhibit 15). Most of these steep slope areas will remain in planned open space (50% of the open space along Opequon Creek includes steep slopes). As permitted by the Zoning Ordinance, there will be some construction impacts to the steep slope areas, but none that will exceed 25% of the total steep slope area. Proper erosion and sediment control measures, grading and stabilization will be utilized to protect the impacted areas - 5 - _ , r . i i i , , _ _ � ......\ . � '_•.�-_ /� ���-.-�� 1 ...-nom' 1It,AN s - i t !! \1 !_ � ,..,' .,-. .I 1 - I •\ �I..E� -� 1 \��` �.,'. �'� � -- JJ� ...�. i -�- '/IF J r J i✓ i t �F r ��`- `\ 1� , � __ ,1 1. - . • % -� `_— � f � - _ - ,.1 � 1 + J: ! %i -TfI VI,_LAC�S:At'AR`fMP 1 J JI ri Z. —oma. - _ STEEP SLOPES 50% OR GREATER DewberryDrawn By RJS Plan Number 76030007 STEEP SLOPES File Number Date THE VILLAGES AT ARTRIP Dewberry & Davis LLC Designed By JLM JUNE 2004 WINCHESTER ARTRIP, LLC 611 West Juba] Early Drive Winchester, Virginia 22601 Checked By Scale D.B. 713, PG. 417 EXHIBIT PHONE: 540.678.2700PARKINS MILL KWN 1"=300' SHAWNEE MAGISTERIAL 1CT IN 5 DISTRICT FAX: 540.678.2703 www.dewberry-com FREDERICK COUNTY, VIRGINIA The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 Mature Woodlands Aerial photography and field visits indicate areas on the Property that contain woodlands (see Exhibit 16). Two areas contain tree stands and/or individual trees of significant size/caliper, including the areas adjacent to Opequon Creek and the unnamed tributary to Opequon Creek. While most of the woodlands adjacent to the Opequon Creek will remain in open space, some areas will be impacted by lot/street layouts, while others will be incorporated within planned open space. The construction of Warrior Drive and a portion of the multi -family area will impact the area adjacent to the unnamed tributary to the Opequon Creek (Landbay "A"), but the majority of the remaining woodlands area will be within planned open space. In addition, the Applicant will strive to retain individual trees within the impacted areas via selective clearing on the home sites. Minimal encroachment will occur in areas of mature tree stands_ 31 -1 W— f✓,;,. --..- 011' s..ti' -- —11111. •.,.., �-�11� p. ,• ."r �.'- -� .r ° lJtd if f 3 i { .ice ♦ a .119 13 Jii431t111ii1 i f � / /rr=.� t.3 ✓ 1� f ,,, / � ,�, J�{r t „,- J �.r % '�•.,_,, ` i t f t - fiJ !, l,, t)J�j�i',j�t�� � �•/ r' (f r (t .Js$j; F�r` ��•� � 3 `; tf'r%t-1 %�r �>>;t�� fir ; t t r ✓ f 1 t�=` 1 `i • 1 L �t i !��' � r(rT .S? 'Al j3ii f \ N ETM T The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 Soil or Bedrock Conditions Based on the County Soils Survey, the project contains three underlying soils types: Berks, Clearbrook and Weikert, all of which are within the Weikert-Berks-Blairton soil complex (see Exhibit 17). This soil complex is generally described as gently sloping to moderately steep, shallow and moderately deep, well drained to somewhat poorly drained soils that have a medium textured or fine textured subsoil. The parent soils were formed in a material weathered from shale or sandstone. These soils are poorly to moderately well suited for pasture and crop cultivation. In addition erosion hazard is moderate and needs to be considered a major concern. Limitations within this complex include depth to bedrock (ranging from 10" to 40" below the ground surface) and seasonal high water table (ranging from 6" to 6' below the ground surface). Based on the aforementioned County Soils Survey, this project, as well as the eastern part of the County, is underlain by shale and fined -grained sandstone. The County Geology Map (see Exhibit 18) identifies this area in the Martinsburg Shale Formation. Unlike other areas in the County that have limestone, the bedrock is not obvious from visual surface inspection of topographical ridges or knobs. However, as discussed earlier, shallow bedrock conditions are a concern in this area. Given the limitations on these soils, the Applicant will consider these elements during the design of site grading to minimize depths of cut. However, it is anticipated that excavations and fills of 4 to 10 feet will be required, to provide balanced earthwork for the project. The Applicant will engage a geotechnical engineer to provide site development recommendations during the detailed site design stage in order to minimize impacts and identify site development constraints within these soil and bedrock conditions. :`.. ;. 1131-BERKS CANNERY SILT LOAM, 2-71 SLOPES Ic 1C-BERKS CHANNERY 41E SILT LOAM, icl , 7-151 SLOPES •Sym 96 `N � 41D �'i7 ANNERYROO T LOAM, 1 �� I ` I �• F ` `•. `�-_ 41D 2-7% SLOPES N 41E r-Yr 41 E " r� .` 26- LOWELL , SILT LOAM, 1B I N 0-31 SLOPES 16 _V ��^ ^� �.="• \� /, PRIME AGRICULTURAL �/�� l /1/� �� rILLAG SOILS ARTRIP "AIT, 9B 1C ; 41 C-WEIKERT BERKS 41D CHANNERY SILT LOAM, =r SLOPES 9B • w fr 41C 2.3 f ,F `J 1B : 41D WEIKERTBERKS 41D- 41 CHANNERY SILT LOAM, \. 15-2590 SLOPES .r 4 r 41 D 1 •_. \ ° ' I 41E -WEILKERT BERKS .: IN.` ` E � 1 •.. f � J `-- CANNERY SILT LOAM, F / 25-651 SLOPES 41C r J + 1 \ J 1 - NOTE TO 'SOIL SURVEY 41E -- - ACCORDING l 1B OF FREDERICK COUNTY' SOIL 1C ��4__ - CONSERVATION SERVICE DATA, JAN 1987, PAGE 123 _�--*: i"� ISSUED --: TABLE 5, PRIME FARMLAND, E ONLY PRIME \--4f ----' AGRICULTURAL SOIL ON _ THIS SITE IS: 1B i�l l $ 28 LOBDELL SILT LOAM— ` LOCATED ON THE FAR ifa NORTHERN SIDE OF THE PROPERTY NEXT TO : OPEQUON CREEK Drawn By Plan Number COUNTY SOILS SURVEY EXCERPT File Number Dewberry RJS/KLT 76030007 THE VILLAGES AT ARTRIP Dewberry & Davis LLC DesignednTW By Date JUNE 2004 WINCHESTER ARTRIP, LLC 611 West Jubal Early Drive Winchester, Virginia 22601 Checked By Scale D.B. 713, PG. 417 EXHIBIT 17 MILL PRECINCT IN PHONE: 540.678.2700PARKINS IVITW 1"=400' SHAWNEE MAGISTERIAL DISTRICT FAX: 540.678.2703 FREDERICK COUNTY, VIRGINIA www.dewberry.com awberry & Davis LLC 611 WEST JUBAL EARLY DRIVE WINCHECHESTER, VA 22601 PHONE: 540.678.2700 FAX:540.678.2703 www.dewberry.com The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 Other Environmental Conditions The Applicant commissioned a Phase I Environmental Site Assessment from ECS, Ltd. dated 03/23/04 (see Appendix C). This study concluded that there is "no evidence of current or previous uses or conditions onsite that would be regarded as environmentally -suspect" and that "no further environmental investigation of the property is deemed necessary prior to development. " See Appendix C, § 1.0, Executive Summary. A. Surrounding Properties The Villages at Artrip is bounded by farmland and existing or proposed residential and commercial development (See Exhibit 19 and Table 3). To the north is an active farm operated by W.F. Artrip, Jr. (zoned RA); to the east is the proposed Canter Estates V single-family subdivision (zoned RP); to the southeast is the proposed Wakeland Manor single-family and multifamily subdivision (zoned RP); to the southwest is the existing and fully built out Lakewood Manor single-family and multifamily subdivision (zoned RP); and to the west is the proposed Crosspointe Center commercial and residential subdivision (portions of which were recently rezoned from RA to B2 and RP). The closest development to the proposed project is the Lakewood Manor subdivision, with about 12 houses within 50'+/- of the southern Property line. All other boundaries will be proximate to the proposed development's commercial buildings or residential units, but specific building locations have not been determined as of the date of this document. The Applicant is unaware of any nuisance impacts (e.g. - noise, glare, fumes, pollution, and odors), pursuant to thresholds established by County, State and Federal regulations that will be created as the result of this development. Furthermore, the Applicant does not believe any other nuisance factors will be created as the result of this development. 9 J J Cl) O U N O a` a THE VILLAGES AT ARTR/P TABLE 2 Adjacent Property Owners PIN 75-A-101 Name Wakeland Manor Land Trust Address 300 Craig St. City St. Zip Use Zonin 9 75-A-95 75-A-96 Glaize Development, Inc. Glaize Development, Inc. P.O. Box 888 Stephen City Winchester VA VA 22655 22604 6 2 (Residential) RP RA 75-A-97 Steve Dubrueler P.O. Box 888 346 Saddleback Lane Winchester Winchester VA VA 22604 22602 6 (Over 100 Ac.) RA 75-A-99 75G-11-8-116 Frederick County Ronald Santoro & Pamela Chagnon 107 N. Kent St. 106 Canaan Ct. Winchester VA 22601 2 (Residential) 73 (Exempt) RA RP 75G-11-8-117 James Swiger & Michelle Vitela 105 Canaan Ct. Stephens City Stephens City VA VA 22655 22655 2 (Residential) 2 (Residential) RP RP 75G-11-8-118 75G-11-8-120 David T.& Tammy M. Foster Robert & Mary E. McDonald 103 Canaan Ct. 109 Fair Lawn Ct. Stephens City VA 22655 2 (Residential) RP 75G-11-8-121 Winchester/Artrip LP 11501 Huff Ct. Stephens City N. Bethesda VA MD. 22655 20895 2 (Residential) 2 (Residential) RP RP 75G-11-8-122 75G-11-8-123 Timothy J. Elliot Sr. & Kathleen A. Elliott Timothy Wingfield 105 Fair Lawn Ct, Stephens City VA 22655 2 (Residential) RP 75G -4-4B-60 Rodney & Suzanne R. Torp 103 Fair Lawn Ct, 102 Jade Ct. Stephens City Stephens City VA VA 22655 22655 2 (Residential) RP 75G -4-4B-62 75G -4-4B-63 John & Melissa Corder Patricia Gail Beardslee P.O. Box 90010 c/o Valerie Whit Richmond VA 23225 2 (Residential) 2 (Residential) RP RP 75G -4-4B-64 Cynthia D. Rodriguez 125 Bell Haven Cr. 127 Bell Haven Cr. Stephens City Stephens City VA VA 22655 22655 2 (Residential) RP 75G-8-5-85 76-A-13 Timothey J. & Karen E. Adams 129 Bell Haven Cr. Stephens City VA 22655 2 (Residential) 2 (Residential) RP RP 76-A-23 W.F. Artrip, Jr. Jasbo, Inc. 1726 Front Royal Pike Winchester VA 22602 6-- (Over 100 Ac.) RA P.O. Box 480 Stephens City VA 22655 5 (20-100 AC.) RP Note: 1. Information from SpecPrint Edition 13, 2004 2. Use Codes: 2- Single Family Residential (Suburban) 4- Commercial & Industrial 5- Agricultural / Undeveloped (100+ ac.) 6- Agricultural / Undeveloped (100+ ac.) 73- Regional / Local Government The Villages alArtrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 B. Traffic As previously stated, the Applicant commissioned from Patton, Harris & Rust, P.C. the accompanying Traffic Impact Analysis. The project scope was established through two meetings with Frederick County and VDOT staff. The results of the TIA study concluded that "the traffic impacts associated with the Villages at Artrip are acceptable and manageable. " (See Traffic Impact Analysis, page 36). Although all intersections in closest proximity to the site maintain a level of service ("LOS") of C conditions at peak hour, the I-81 ramps to westbound Route 37/Route 11 (Kernstown) interchange operates at LOS F. However, others are in the process of identifying corrective measures to implement and thus improve the conditions at the interchange so as to improve the LOS. Additionally, the Applicant's intent to construct Warrior Drive and Parkins Mill Road will significantly improve traffic conditions. The specifics of each studied intersection are included within the TIA. 10 The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 C. Sewage Conveyance and Treatment Sewer services will be extended from existing and/or planned mains on or adjacent to the Property to serve the development (see Exhibit 20). The preliminary sewer layout depicted on the MDP indicates that onsite gravity sewers will be able to serve the development and provide conveyance for the project to one major interceptors; an existing 15" gravity interceptor line along Buffalo Lick Run in the southeast corner of the project. This sewer line expands to 18", crosses VA Route 522 then follows Opequon Creek to the Parkins Mill Wastewater Treatment Plant (WWTP) located at the southeast corner of Route 522 and Parkins Mill Road. Exhibit 21 provides a schematic plan and improvements for sewers. 11 rill TF x BATTLEFIELD INDUSTRIAL PARK 41 V DewberrDrawn By y RJS Dewberry & Davis LLC Designed By RJS 611 West Juba] Early Drive Winchester, Virginia 22601 Checked By PHONE: 540.678.2700 FAX: 540.678.2703 MTW www.dewberry.com �0. F. --PUMPING 0� o" 5 "4."v, -T o J's �49 4., IiV # 42" Plan Number EXISTING SEWER SYSTEMS 76030007 — Date THE VILLAGES AT ARTRIP JUNE 2004 WINCHESTER ARTRIP, LLC Scale D.B. 713, PG. 417 1"=1000' PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA File Number EXHIBIT 20 aa f VA '�♦ 0. °BATTLEFIELD l' INDUSTRIAL PARK — r�_ ; O"F PUMPING STATION - Q1101y 4� w _ .r VILLAGE AT LAGES CREEK S LAKESIDE r4; �� PUMPING AT ATRTIP 1� { sr,anON - # i - �4 s 1; a� PARKINS MILL .�Ig�� KGs fX1 t.. k� y �`„ ' 1' �� WASTEWATER , 3` ? '�� f TREATMENT ° + �' :eE �\ y —1 PROPOSED e' PLANT • F 3, �:,� . i v�.'� .,t3 + R LINE ra_c z rte- SEWS �4 -s 35 j1, 1'!„p \' X'. ,►GJ5 _omm.....,1F�a .. t `7 iJ { k -1 A.Fa tai ♦ fi a►a S 41- "rat -"'q� 1� `K �6' g... PUMPING �,�. •s a , G`yV+°�3. 40 _` STATION ;`♦°` i taw > ��♦ �!t;au. a O s~moo' OL Q , p. i s �4�' PROPOSED . r '< i . ry'"� ��.. 4 •' CONNECTION.` }POINT cs »�B •; y". is`,�-4 ''s i,.:. .�' -opt -y� to 'a ',L e,�'� j j .. - ' ALL OIC SITE �' �► y ., 7� rsr-.,�G�4, � .. �c' ._ ` J �P�•" J`� t t • ��s r Gr�. GJ � - . Q .. ,• ♦ '�.1' _ - or is `7 VIfj i MIN •.,, _ ,� rN, 32 AT r. 1 Plan Number PROPOSED SEWER SYSTEMS File Number Drawn By Dewberry RJS 76030007 THE VILLAGES AT ARTRIP d B Designed y Dewberry & Davis LLC DesRJs DateJUNE 2004 WINCHESTER ARTRIP, LLC 611 West Jubal Early Drive D.B. 713, PG. 417 EXHIBIT Winchester, Virginia 22601 Checked By Scale21 PARKINS MILL PRECINCT IN PHONE: 540.678.2700 MTW 1"=1000' SHAWNEE MAGISTERIAL DISTRICT FAX: 540.678.2703 www.dewberry.com FREDERICK COUNTY, VIRGINIA The Villages at Arlrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 The anticipated sewage flow generation is provided in Table 3. Sewage generation from this site will be treated at the Parkins Mill Wastewater Treatment Plant (the "Parkins Mill plant"). Monthly operational data for this facility is shown on Table 4. In addition, the FCSA on 08/20/04, provided the following data on the WWTP:' Current Capacity = 2,000,000 gallons per day (gpd); or 2.0 MGD Current Usage = 1.5 MGD Current Available Capacity = 0.5 MGD The FCSA also noted that only Crosspointe Center will contribute additional sewage flows. Based on the rezoning application for that development, the flow generation at build -out conditions from that project is estimated to be 0.634550 MGD. A proposed WWTP upgrade project scheduled for completion by 2008 will increase the WWTP's capacity by 1 MGD. The FCSA, through reserve funding of the Frederick -Winchester Service Authority ("FWSA'), has begun to study future expansion of hydraulic capacity at Parkins Mill, which will require expansion to meet the increasing flow requirements within the Opequon and Wrights Run Watersheds. Discussions with FCSA have not identified any deficiencies in the sewer systems that will serve this project. 1 This information is based on an August 20 2004 conversation with the Applicant's representative and Mr. Wellington Jones. 12 905 Residential Units, 118,550 sf Retail, Office, etc RESIDENTIAL UNIT TYPE RESIDENTIAL TOTAL CUMULATIVE TOTAL FLOWS COMMERCIAL/RETAIL/OFFICE/RESTAU RANT THE VILLAGES AT ARTR/P TABLE 3 WATER DEMAND/SEWAGE FLOWS PHASE/ PHASE 11 PHASE Ili UNITS FLOW UNITS FLOW UNITS FLOW 300 60000 380 76000 225 45000 300 60,000 380 76,000 225 45,000 60,000 136,000 181,000 PHASE I PHASE 11 PHASE ill SQUARE FEET FLOW SQUARE FEET FLOW SQUARE FEET FLOW COMMERCIAURETAIUOFFICE/RESTAURANT 0 0 10000 2000 108550 21710 CUMULATIVE TOTAL FLOWS - 2,000 23,710 GRAND TOTAL FLOWS 60,000 138,000 204,710 NOTES: 1. ALL RESIDENTIAL FLOWS ASSUMED @ 200 GPD/UNIT 2. COMMERCIAURETAIUOFFICE/RESTAURANT FLOWS @ 200 GPD/1,000 SF THE VILLAGES AT ARTRIP TABLE 4 Parkins Mill Wastewater Plant Operational Data Permit Plant Flow (MGD) limit 2 JUL 1.8 AUG 1.6 SEP OCT NOV DEC JAN FEB MAR APR MAY JUN AVE 2.1 1.7 1.9 2 1.7 1.9 2.5 2.1 2.1 2.2 2.0 Concentration (MG/L) BOD Summer 7.5 3.2 1.8 2 2.2 4.5 Winter 23 5.3 4.4 3.3 Suspended 30 4 3 6 5 6 3.4 5 5 10 4.1 5.5 Ammonia 3 3 3 6 3 5.1 6 4.4 Summer 1.6 0.4 0.3 0.2 1.1 0.3 1.2 Winter 2.4 0.2 0.5 0.6 0.2 1.8 1.8 0.6 0.9 002 PH FROM TO 6.5 7.5 7.6 7.4 7.4 7.5 7.3 7.4 7.5 7.5 7.3 7.5 7.4 AVG 7.9 7.7 8 7.8 7.9 7.65 8.2 7.8 8 7.9 7.7 7.7 7.7 7.8 8.8 7.8 7.75 7.6 7.55 7.6 7.6 7.55 8.15 7.6 7.7 007 DO 2 Phosp 7.1 NIL 7.2 6.1 7.3 7.2 7.5 7.5 8 9.3 9.4 8.5 8.3 7.5 7.4 7.9 Nitrogen NIL 12 6.25 12.5 8.2 N\A %k 6.9 Quantity (KG/D) 8.8 N\A %k 11.1 BOD Summer 57 21 12 15 14 31 Winter 174 22 26 32 36 89 41 33 23.9 Ammonia Suspended 227 26 22 43 31 38 30 17 20 54 33 25 41 47.6 53 33.3 Summer 12.1 0.4 0.3 0.2 1.1 0.3 Winter 18.2 N\A N\A 0.5 1.2 1.2 17.9 6.8 Fecal Coliform 200 150 57 40 119 68 78 125 62 148 50 63 126 90.5 Rainfall (in -PM) 5.92 4.51 8.49 2.46 3.891 3.74 1.96 6.22 3.3 3.73 5.79 6.89 4.7 Rainfall (in-JHD) 4.68 3 4.2 4.42 3.32 3.39 2 down down down down 7.14 4.0 The Villages al Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 D. Water Supply Water services will be extended from existing and/or planned water mains on or adjacent to the Property. (see Exhibit 22). The following connections will be provided for water service: 1. Extension of the proposed water main from Wakeland Manor at the southeast and Crosspointe Center at the west; and 2. Extension of the proposed water main in Parkins Mill Road Extended from Canter Estates to the east. A schematic plan and improvements for water mains is shown on Exhibit 23. Water demand for The Villages at Artrip is shown on the aforementioned Table 3. The primary water source is 3,000,000 gallons per day (MGD) of ground water pumped from quarries on the west side of Stephens City. This water is then treated at the James H. Diehl Water Filtration Plant (WFP) that normally treats up to 3.2 MGD. However, additional pumps can increase this capacity to 4 MGD. The WFP is also configured for an additional filter unit that will increase capacity to 6 MGD. Another water source in the northern portion of the County available to the proposed development is a quarry in Clearbrook and nearby wells. The Authority also purchases finished water from the City of Winchester, which gets its water from the Shenandoah River. This water is then treated at the Northern Treatment Plant, which has a current capacity of 4 MGD, and is expandable to 6 MGD. After treatment from one of these two WTP's, water is stored in one of three elevated and two ground storage tanks with a total capacity of 3,00,000 gallons of system water storage. In addition, the FCSA provided the following WTP data: Current Capacity = Current Usage = Current Available Capacity = 9.25 MGD 4.7 MGD 4.5555 MGD According to the WTP, the only pending development anticipated to contribute additional flows is Crosspointe Center, and the estimated flow demand from that project at build -out conditions in 2012 is 0.634550 MGD. However, a proposed WTP upgrade project scheduled for completion by 2012 will increase the WTP's capacity by 4 MGD. 13 The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 The 20" primary water distribution main from the Diehl WFP is west of this site on the Crosspointe Center project, and distributes water in both the Abrams Creek and Fort Collier/Stonewall Industrial Park areas of Frederick County. Additionally, the 500,000 gallon Route 642 elevated water storage tank is located west of the project, on the property rezoned for Crosspointe Center. Water mains within the development will be looped and extended to existing and/or proposed mains on the adjoining projects to meet Frederick County Sanitation Authority ("FCSA") design requirements. This combination of water supply service will provide adequate fire protection and domestic service for all phases of the proposed commercial and residential uses. To -date, discussions with FCSA has not identified any deficiencies in the water systems that will serve this project. 14 r►, The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 E. Drainage Drainage will be provided on an equal basis by two major streams: the Opequon Creek and an unnamed tributary to the Opequon Creek (see Exhibit 24). Drainage generally flows from the center of the site then north to the Opequon Creek or south to the unnamed tributary to the Opequon Creek, and each stream then flows east where they meet offsite, just southeast of the Parkins Mill WWTP. The project will provide onsite stormwater management (SWM) in accordance with Virginia's Stormwater Management Handbook through design of several wet and dry SWM basins, grassed swales, and other best management practices (BMP) (see Exhibit 25). These facilities will provide a combination of two and ten-year frequency water quantity management by detaining and releasing post -developed runoff to pre -development rates, as well as providing water quality management of the "first flush" (i.e. - %2" to 1" runoff depth from impervious areas) of the post development runoff. 100 -year quantity management will only be provided where deemed necessary by the County to protect downstream properties from flooding conditions. One SWM facility of note is the proposed conversion of an existing farm pond to a central amenity lake feature. This lake will be designed to provide SWM, but will also function as an attractive focal point for the project. 15 e TH E V1LLAG ES e T ARTRI P . i TO OPE(UON Drawn By Project Number EXISITNG MAJOR DRAINAGE DIVIDES File Number Dewberry RJS 76030007 THE VILLAGES AT ARTRIP .ti Designed By RJS Date JUNE 2004 Dewberry & Davis LLC WINCHESTER ARTRIP, LLC 611 West Jubal Early Drive -4 D.B. 713, PG. 417 Drawn By Project Number EXISITNG MAJOR DRAINAGE DIVIDES File Number Dewberry RJS 76030007 THE VILLAGES AT ARTRIP Designed By RJS Date JUNE 2004 Dewberry & Davis LLC WINCHESTER ARTRIP, LLC 611 West Jubal Early Drive D.B. 713, PG. 417 EXHIBff Checked By Scale Winchester, Virginia 22601 PARKINS MILL PRECINCT IN 24 PHONE: 540.678.2700 FAX: 540.678.2703 MTW 1 "--2000' SHAWNEE MAGISTERIAL DISTRCIT www.dewberry.com FREDERICK COUNTY, VIRGINIA C3� z i _ �+�re.►' y+ - _. - -_ �-i,.-�.,R� suers _ - _ �-r-} .. _ " _ - - _. -. _ -- _ __ _ _..... \ .. �. . i r , _. 1 7 , 01 a • t - -- _. - 1� J , h• Op i UOry \,t , ji { q - - , t.�> � 1 ;. i ..^ �. `-• _ ;i ice. _ � j .fl lT� - { c r A ,,�,'� p f � 1`a•`-J/^�.. -� fir- ':. 's,T;>�,�•r �. iC./ r��,%/� _ -'�._ _ - -. - _.•.` - !') .. � _i'' �-i: ...<�. �,;. 'y,•_r�. "��� �'�f,. :� A/... :.; :l 'r;r.� fir'. ��'�.� ` - - tf -.. f_ .1- ''1t \ 1 _ _ C , ,- EX. FARWTO BE I POND .} f s''., -•L :,,, -'_ c,sn. „_J.-'."�,�- �.rh y - ', m\ \•l ..7., ,.,•..._ ':f I\ �i._ •\ t�. ^! \L ] y - f TO A LAKE AIaEM1 tTY~ �":.•. 4 a - !r\`�\ `-,j-� f-7 \'�''",)i\..1 ,/ \ .�„ _ "yr r t..�._ 1 tr,t t-z..(•'�- FACiLrri - •,� \ = 1 _ i.\t. 'fir' •:�, 'C ` _ f - i irm �c=�!`, '.f.e \ •..L.�/�. _ �C S�ii� r ,,. 79j. ` .,bre., , ...L. s,..._�t J,_e�-=r.-:-.. I � .,, •, ,, , .� � \\ i i ��'c . - 7 C J 7. �J.aa�_-� .�, 1�� \ � ��\ ..,Y!\ I��-' {l,e•� "-z'i- Cd��s�i~;,�.t' � z - ' ,_" _:<----'--r--�*....5 --•-..f�ts -t—_" fi-?'-t �`� .�!.� . J �'� �',°. \ \.,. d ,. t 1:\ 1. i1 `(r -'3 r �.1 '- i'2�, �',�..£ ej - ,i4 .i j� i �-? ...".- _ �,..• 4 . ( L- f ,� If I { v � i J -\ -rit !yt—: i-� i� z• ` (` a , __tt -,:, AAP FACT _ 1 ,,,. _:•-�.• ,--,, i t- .� t , \: ,z' \� i =�c y- 2, ' -DRY SWM/BMP LIiY, � �� J 5 �. `~ , ��y� � tt _ ' 1 _!'�-•- -.._. ._ _ .i;r , 0 1, -7 a t y. �..X �,: "1 _ , est_, `- - \ u v' 9\�, \ � .ct �1' .!. i'; _ J, .til y A�..,.• ,4 ,_. _ ;i }✓,✓�4, -' ,, ':tc 1 � 1 , t 'f-�a� ` p J'i!"r :i i . t \ V _ � ��, .. '.yt � _ I,-''-,, t MM: A. rpt�. -i At ti +.i-,. r ', •� • {s. l �.i t, .,\ ,{' 'a }•: ! - - _ - - . \ - ,.. -\,r. ..«1-'t• 3,, _.iii i * t _-' '.t, �'l � � .. x x. F � -'.y, 1 , � -: r. ; _ iV _- 'co \ i 1 1 , 4 re ,.. , ' r_:• _.___.... _._..--,..-- .'ti i� - illi ti , - ,'�`'t• I � t \ t ,_ �'••'� ___r ! i f , ...._.. - l } ..1 1. ,. -1, , ` of , 3 1 `.{;. " ' - •_�- '.:,: " -•- : rte, _.• i , � ....,:.�-. °.__.--"- _...,-. (; f.,ic s l__.. 1 t _ r . , �� , tis \� 1 , i � ` ! f r'.. :- \�' ti.. �Sr �, t: - \\ 5,. , r < r � +a � ', r f .. ,. x •, t .. � `7 , t , *,X- �.- `/ .'/' ,) ,� J�. ! �� S. w.)�f� > / j� \ f,i'i)V `�• <. '.�..� .jam - -� x L ' -/ , ; �: ^� / , -. �'----'t• \ -. ,- ' � ! <. - �, i \ . - ! - �-.-.rz•.:... -ia r...r �a=�7c_�Q-��.�`-ter - .-�:.i•�+-irv. i �z� .= - Drawn By Project Number PROPOSED STORMWATER MANAGEMENT / BMP FACILITIES File Number Dewberry RJS 76030007 �- THE VILLAGES AT ARTRIP Designed By Date JUNE 04 Dewberry & Davis LLC WINCHESTER ARTRIP, LLC EXHIBIT 611 West Jubal Early Drive D.B, 713, PG 417 Checked By Scale Winchester, Virginia 22601 PARKINS MILL PRECINCT IN 25 PHONE: 540.678.2700 MTW 1 "=500' SHAWNEE MAGISTERIAL DISTRICT FAX: 540.678.2703 FREDERICK COUNTY, VIRGINIA www.dewberry.com , The Villages atArtrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 F. Solid Waste Disposal Facilities The anticipated waste generation is provided in Table S. Given the size of this project, a central trash collection facility is not warranted. Therefore, the Applicant proposes that private refuse carriers provide curbside pickup for haul to the County's regional, state-of-the-art Subtitle D Solid Waste Landfill, located off of Sulphur Springs Road. Additionally, the Applicant will encourage residents and commercial tenants within the Villages at Artrip to reduce their trash generation, recycle, reuse, compost yard waste, by- products made of recycled -content material, and to take tires, household chemicals and used motor oil to recycling centers whenever possible. These actions are consistent with the County's voluntary recycling program with nine drop off stations that are located at the citizens' convenience centers. 16 905 Residential Units, 118,550 sf Commercial/RetaiYOfficalRestaurant THE VILLAGES AT ARTR/P RESIDENTIAL UNIT TYPE PHASE I RESIDENTIAL UNITS TOTAL 300 CUMULATIVE TOTAL GENERATION 300 COMMERCIAL PHASE COMMERCIAL/RETAIL/OFFICE/RESTAURANTUNITS PHASE III TOTAL 0 CUMULATIVE TOTAL GENERATION 0 GRAND TOTAL GENERATION UNITS 0 NOTES: 1. ALL RESIDENTIAL GENERATION @ 12 LBS/UNIT 2. COMMERCIAURETAIUOFFICE/RESTAURANT GENERATION @ 100 LBS/DAY/1,000 SF 5/20/2005 8:44 AM P:iProjeot176030007\Admn\May20submission\REZONING TA8LES.xIs6 SOL WSTE GEN THE VILLAGES AT ARTR/P TABLE 5 SOLID WASTE GENERATION PHASE/I PHASE III GENERATION UNITS GENERATION UNITS GENERATION TOTAL 3600 3600 380 4560 225 2700 10860 3600 380 4560 225 2700 10860 8160 10860 PHASEI/ PHASE IU GENERATION UNITS GENERATION UNITS GENERATION TOTAL 0 10000 1000 165700 16570 17570 0 10000 1000 108550 16570 17570 0 1000 17570 3600 8160 28430 2843 0 NOTES: 1. ALL RESIDENTIAL GENERATION @ 12 LBS/UNIT 2. COMMERCIAURETAIUOFFICE/RESTAURANT GENERATION @ 100 LBS/DAY/1,000 SF 5/20/2005 8:44 AM P:iProjeot176030007\Admn\May20submission\REZONING TA8LES.xIs6 SOL WSTE GEN The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 G. Historic Sites and Structures Dewberry conducted initial referrals with the Frederick County Planning Department, including a review of the following sources: • RLS — Rural Landmarks Survey • HRAB — Historic Resources Advisory Board • VLR — Virginia Landmarks Register • VDHR — Virginia Department of Historic Resources • NRHP — National Register of Historic Places • FCWBTF — Frederick County -Winchester Battlefield Task Force • FEIS Route 37 Final Environmental Impact Statement and Section 4 (f) Evaluation. Initial research determined the following potential sites of significance related to the development of the Villages at Artrip (see Exhibits 26 & 27): 1. The foundation remains of a 19'h century homestead site (44FKI 12); and 2. A domestic dump with items circa 1950-1970 (44FK115); and 3. A springhead box (44FK116); and 4. An earthen dam circa Iate 19`h early 20"' century (44FK117) (note: this location may be misrepresented on the DHR records and may be the on-site farm pond); and 5. The Artrip family cemetery with 3-5 gravesites (44FK118); interment status unknown. 17 t Dewberry Dewberry & Davis LLC 611 West Jubal Early Drive Winchester, Virginia 22601 PHONE: 540.6782700 FAX: 5402782703 Drawn By Plan Number RJS/KLT 7603007 Designed By Date MTW JUNE 2004 Checked By Scale MTW 1"= 1000' HISTORIC RESOURCES SITES THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC D.B. 713, PG. 417 PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA VIRGINIA DEPARTMENT OF HISTORICAL RESOURES ARCHAEOLOGICAL SITE INVENTORY 2: SITE NUMBER FK112 OPQ 64 - LIMESTONE FOUNDATION WILLIAM ALBIN FARMSTEAD SITE NUMBER 44FK1 15 OPQ 66 - DOMESTIC DUMP SITE SITE NUMBER 44FK116 OPQ 69 - DOMESTIC SECONDARY STRUCTURE 1 I-: SITE NUMBER 44FK1 17 OPQ 70 - AGRICULTURAL 18: SITE NUMBER 44FK1 18 OPQ 71 - FUNERARY, CEMETERY File Number L�J0I11. 26 The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 The Applicant commissioned R_ Christopher Goodwin & Associates to perform a "Historical Sites & Structures Report", dated May 26, 2004 (see Appendix E). The results of this report noted and concluded: The earliest records examined as a part of'this survey dealt with a parcel that Phillip Williams sold to Armed Parkins; Mr. Williams foreclosed on a deed of trust of the Sowers family. John Sowers may have obtained the property in two transactions conducted in the late eighteenth century_ .. . Thirty-five years later, in 1877, property belonging to Alfred Parkins was sold, upon his death, to Robinson Keyser. . . . Five years later, in 1882, Robinson and Elizabeth Keyser sold 575 acres to Jesse R_ Bailey.1 Preliminary examination of materials at the archives at Handley Library in Winchester provided little information concerning past occupants of the project area_ No significant information was found about the Artrip family; the Slonaker family, owners of the property from 1912 to 1962, was the subject of an extensive genealogy. No substantial information was found that revealed potential significance of the Slonaker family. Little information was found for other owners of the project area, including Jesse K Bailey and Robinson Keyser. D.J. Lake's 1885 Atlas of Frederick County, Virginia depicts Bailey's residence just west of the Winchester -Front Royal Turnpike, on land that probably was part of his purchase described in the 1882 deed, which included the project area.3 Although extensive evidence exists for intensive prehistoric and historic period activity along Opequon Creek, to date, no evidence has been found of prehistoric activity within the Artrip parcel. The previously identified sites date from the historic period, and reflect eighteenth, nineteenth or twentieth century activity. Five previously identfed archeological sites are present within the proposed development area; at least four of the five sites are interrelated and represent a possible district associated with the eighteenth through twentieth century occupation of the William Albin Farm. All of ' these sites are located in the central and north -central portion of the property, along the well-established drainages that drain 'Appendix E, p_ 11. 3 Appendix E, p_ 17. 18 The Villages atArtrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 northward into Opequon Creek. The central site is the William Albin Farm (44FK1 12); which was recorded in 1991 as an eighteenth and nineteenth century rural farmstead. An ancillary site to the central farmstead is the well, or sink (44FKI16) located slightly to the west of the core farm complex. A third component of the farm complex comprises an earthen dam (44FK1 17), built across the major drainage on the northwestern side of the complex_ The final component of the complex is a small graveyard (44FK11 8) in the northeastern portion of the area. A fifth, unrelated, site within the proposed development area comprised a late historic period dump (44FK115) in the extreme northeastern portion of the property. The present concept plan calls for the creation of a combined residential and commercial development that encompasses most of the 170 -acre site area. The two major drainages that feed Opequon Creek on the north, and the steeply sloped areas that flank them are exempted from the design plan, as are the smaller drainages that cross the property on the south and southeast. Two of the previously identified resources, the Graveyard and the Dump Site, are located within the northern area, outside of the planned development. Avoidance has been recommended for the dump, and evaluation of its extent and integrity has been recommended for the graveyard( along with fencing for controlled access. Three of the previously identified cultural resources, the William Albin Farmstead (44FK1 12), the Earthen Dam (44FK1 18), and the Well Cistern (44FK1 16), are located within the portion of the property identified as Landbay A. ¢ In addition to the above, after review of the Historic Site and Structures Report, the HRAB coordinator determined this project will not require a formal review (see Section 6). 4 Appendix E, pp. 17-18. 19 The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 H. Impact on Community Facilities The revenue projections from structures and facilities and the projection of cost of services are set forth on the Fiscal Impact Model. Additionally, the Applicant has provided the following additional information. o Education Primary and secondary educational instruction is anticipated to be provided to school-age students generated by the project primarily in the following public schools (see Exhibit 28): • Armel Elementary with enrollment as of 02/29/04 at 680 and a program capacity of 662 (which may be reduced to 644 in January 2005); and • New Middle #4 with enrollment as of 02/29/04 at 0 and a program capacity of 850; and • Sherando High with enrollment as of 02/29/04 at 1,255 and a program capacity of 1,400. In addition, the Dowell J. Howard Vocational Center and Northwestern Regional Education Program is within relatively close proximity to the project for vocational/technical training, as is Shenandoah University and Lord Fairfax Community College, both for higher learning institutions. A new elementary school is proposed in this part of the County for potential opening in 2006 to alleviate overcrowding at Armel Elementary. However, temporary structure(s) are proposed at Anne] during summer 2004 to alleviate overcrowding for the 2004-2005 school year until such time as the new school is constructed. The Applicant has proffered to dedicate approximately 11 acres of property to the County for use as an elementary school site in conjunction with other adjacent properties, in order to mitigate impact on schools occasioned by the development of not only this property, but other properties in the area. 20 1. 1 APPLE PIE RIDGE ELEMENTARY ES 2. ARMEL ELEMENTARY ES 3. BASS—HOOVER ELEMENTARY ES 4. GAINESBORO ELEMENTARY ES 5. INbIAN HOLLOW ELEMENTARY ES 6. MIDDLETOWN ELEMENTARY ES 7. ORCHARb VIEW ELEMENTARY ES 8. R05EBUD RUN ELEMENTARY 1 ES 9. SENSENY ROAD ELEMENTARY ES 10. STONEWALL ELEMENTARY Fe 11. FREDERICK COUNTY MIDDLE MS 12. JAMES WOOD MIDDLE MS 13. R.E. AYLOR MIDDLE MS 14. JAMES WOOD HIGH HS 15 SHERANDO HIGH HS 16. DOWELL J. HOWARD VOC VDC 17. NORTHWESTERN REG. VOC ED. PROGRAM 13. NEW MIDDLE SCHOOL Vs WEST VIRGINIA a VO, IDewberry Dewberry & Davis LLC 611 West Jubal Early Drive Winchester, Virginia 22601 PHONE: 540.6782700 FAX: 540.278.2703 www.dewberry.com IQ YFIELD GAINESBORO ROUND HILL WEST VIRGINIA W VIRGINIA 6 18� iTEPHEN GTY : S `•� THE VILLAGES AT ARTRIP MfDDLET0 ; > ® ELEMENTARY SCHOOL S �EDERICK CO. _ Q MIDDLE SCHOOL WARREN CO. HIGH SCHOOL O vo—TECH SCHOOL SCHOOLS NEAREST SITE SCHOOL DISTRICTS DRAFTED CHECKED RJS/KLT Mnry THE VILLAGES AT ARTRIP DATE SCALE WINCHESTER ARTRIP, LLC JUNE 2004 1 "=4 MI. PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT PROJ, NO, EXHIBIT FREDERICK COUNTY, VIRGINIA 76030007 28 THE VILLAGES AT ARTRIP TABLE 6 RESIDENTIAL UNITS STUDENT GENERATIONS PHASE # UNITS ELEMENTARY RATE # STUDENTS PHASE 1 300 0.39 117 PHASE 11 380 0.39 148 PHASE III 225 0.39 $8 TOTAL 905 352.95 MIDDLE 290 HIGH RATE # STUDENTS RATE 0.14 42 0.17 0.14 53 0.17 0.14 32 0.17 926.7 # STUDENTS TOTAL #STUDENTS 51 290 65 266 38 958 953.85 _ 633.5 The Villages at Artrip Rezoning Application, Impact Analysis Statement and Master Development Plan May 20, 2005 Police Protection Police protection for this project will be provided by the Frederick County Sheriff's Department in downtown Winchester, and the Virginia State Police, Kernstown Barracks. o Fire and Rescue Protection Primary fire protection and rescue services for this project will be provided by the Stephens City Volunteer Fire & Rescue Company. o Parks and Recreation The proposed project will contain a community center and swimming pool for the residents' use and the Applicant will dedicate land for an elementary school site, which will contain additional recreational fields that can be enjoyed by residents of the community, as well as by the school itself. Additionally, residents will likely utilize the facilities at Sherando park as well as the indoor racquetball courts and weight room facilities in the community building on the Sherando High School campus. o Solid Waste Disposal Residents from this project will generate refuse for disposal at the County's landfill located off of Sulphur Springs Road (VA Route 655). o Other Government Activities None applicable. See exhibits 29-32 for facility locations. 21 10 REGIONAL JAIL STATE POLICE WEST VIR Dewberry Dewberry & Davis LLC 611 West Jubal Early Drive Winchester, Virginia 22601 PHONE: 540.678.2700 FAX: 540.278.2703 www.dewberry.com POLICE SERVICE FACILITI LOCATIONS THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DRAFTED RJS/KLT DATE JUNE 2004 PROJ. NO, 76030007 MIA CHECKED MTW SCALE 1"=4 MI. EXHIBIT 29 STATI 5KEP'-4ENS CITY VOL. t,RE AND RESCUE CO. 2.I MIDDLETOWN VOL FIRE AND RESCUE CO. 13. CLEARSROOK VOL. FIRE AND RESCUE CO. 4. GORE VOL FIRE AND RESCUE CO. 5. ROUND HILL COMM. VOL FIRE AND RESCUE CO. 8. 1 GAINESBORO VOL. FIRE AND RESCUE CO. 7. STAR TANNERY VOL FIRE AND RESCUE CO. S. GREENWOOD VOL FIRE AND RESCUE CO. 9. NORTH MOUNTAIN VOL FIRE AND RESCUE CO. 10. REYNOLDS MI WOOD STATION TION VOL ANDRESCUE CO. SCUE CO. .itE.o.Ds:� a, WEST VIRGINIA 1p r• � WEST VIRGINIA Ross Z` �O GAINESB0 o%/ ' .- ' t = CLfgRBOK 3 ELD `T ` LIND `VIRGINIA / ! -iINC Tr4 e.. STAR R . :k NNERY 1 ` STEPHEN ct THE MLLAGES AT ARTRIP SLE FIRE & RESCUE cb tpERICK CO. ADVANCED LIFE SUPPORT WARREN CO. AIRPORT FIRE & RESCUE SERVICE DRAFTED CHECKED 1r4"� FACILITY LOCATIO ,TDewberry NS RJSIKLT MTyy o THE VILLAGES AT ARTRIP Dewberry &Davis LLC DATE SCALE 611 WEST JUGAL EARLY DRIVE WINCHESTER ARTRIP, LLC JUNE 2004 1"=4 MI. WINCHPHONE: CH ,678.2 0 22601 PARKINS MILL PRECINCT IN PHONE: 540.678.2100 FAX:540.678.2703 SHAWNEE MAGISTERIAL DISTRICT PROJ. NO. EXHIBIT www.dewbe,rrv.com FREDERICK COUNTY, VIRGINIA 76030007 30 Dewberry & Davis LLC 611 WEST JUGAL EARLY DRIVE WINCHECHESTER, VA 22601 PHONE: 540.678.2700 FAX:540.678.2703 www.dewberry.com PARKS AND RECREATION FACILITIES LOCATION THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 'INIA DRAFTED Dewberry RJS/KLT MTW D. SCALE Dewberry & Davis LLC 611 WEST JUGAL EARLY DRIVE WINCHECHESTER, VA 22601 PHONE: 540.678.2700 FAX:540.678.2703 www.dewberry.com PARKS AND RECREATION FACILITIES LOCATION THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 'INIA DRAFTED ICHECKED RJS/KLT MTW DATE SCALE JUNE 2004 1 "=4 MI. PROD. NO. I EXHIBIT 7603000731 '7INI A Dewberry Dewberry &Davis LLC SOLID WASTE DISPOSAL LOCATIONSS THE VILLAGES AT ARTRIP DRAFTED RJS/KLT CHECKED MTW DATE SCALE WINCHESTER ARTRIP, LLC 611 WEST JUBAL EARLY DRIVE JUNE 2004 1"=4 MI. WINCHECHESTER, VA 22601 640.678.2700 PARKINS MILL PRECINCT IN PROJ, NO. EXHIBIT FAXPHONE: SHAWNEE MAGISTERIAL DISTRICT www.dwber2703 www.dewberry.com FREDERICK COUNTY, VIRGINIA 76030007 32 IMPACT ASSESSMENT EXECUTIVE SUMMARY VILLAGES AT ARTRIP Introduction) The Winchester Artrip Limited Liability Company, a Virginia LLC, has submitted its application for consideration by the Frederick County Planning Commission and Board of Supervisors to rezone the Winchester Artrip LLC Property ("the Property" hereinafter) located in Frederick County, Virginia from Rural Areas (RA) to Residential Planned Community District (R4). The Property is identified in detailed submissions that have been filed with the Planning Department. The Property is currently vacant and was formerly used for farming activities for at least the past 40 years. It is within the County's 2003 Comprehensive Policy Plan (CPP) South Frederick Planning Area. In addition, the entire Property lies within the County's designated Urban Development Area (UDA) and the Sewer & Water Service Area (SWSA) and is adjacent to several prominent developments either under construction or approved, including Crosspointe Center to the west, Canter Estates V to the east, and Lakewood Manor and Wakeland Manor to the south. The applicant believes this request is timely and will assure the County significant tax revenue, transportation improvements, and more importantly, will provide an orderly development of this Property that provides a diverse mix of uses and products in accordance with the spirit, intent and goals of the CPP. Development Proposal The proposed project is aptly named for the various small villages contemplated for this mixed-use residential and commercial development. These villages include six land bays that include single-family and multi -family residential uses, a neighborhood commercial center, a central "Core Area" integrating the commercial center, interior and perimeter "greens" or "commons" as depicted on the MDP, and a comprehensive road, bike path and sidewalk network to connect the villages and reflect master -planned roads designated on the CPP. A significant portion of the project is laid out on a grid pattern and is oriented with "true" north, similar to traditional development planning, both of which are characteristics of neo -traditional design. The proposed gross residential density is 5.40 dwelling units per acre (DU/AC), with densities within the various land bays ranging from 2.59 to 21.08 DU/AC. The residential land uses will include a mix of single-family and multifamily products that are specified on the MDP and in the associated proffers. 1 This Executive Summary expands upon and describes certain details of the proposed project that have developed in detail during the Applicant's discussions with the various review agencies. We note that three proposed residential products will be new to the Frederick County market, as well as product types not specifically listed within the Zoning Ordinance. These are the "stacked -flats" units, apartments over retail, and back-to-back town homes. These multifamily product types have been successful in other areas within the region, and meet the need for variety and various price points of housing, which we believe is a key element to a successful mixed-use development. With the inclusion of the variety of housing types, the applicant has requested modifications to the bulk and dimensional standards to achieve the mixed-use and neotraditional design concepts that are important to achieving the correct land use balance. Moreover, the Applicant has committed to a residential phasing plan that is linked to the phasing of construction of proffered road improvements, including the extension of Warrior Drive referenced herein. The Applicant also requests a modification of the requirements of § 165-71 of the R4 District which provides that no more than 40% of the area of those portions of the planned community designated for residential uses shall be used, among other housing types, for townhouses or garden apartments or any combination of those types. The current layout of the Core Area and those elements of the associated Land Bays that provide higher density for single family attached units and multifamily units, are critical to the creation of that Core Area, and to the development of an integrated and "walkable" community. It permits the integration of the several linked communities in a far more attractive and functional manner than larger lot development would permit. Limitation of the area that may be devoted to such homes would actually produce more suburban sprawl than the County likely either anticipates or desires for this portion of the County. Given the residential densities approved in Wakeland Manor, and the densities to be developed in Crosspointe, most particularly the large amount of commercial space, a higher density development for this project is in keeping with the Warrior Drive/Crosspointe Boulevard corridor. The approval of this rezoning, as it has developed during consultation with the staff, will produce a unified and coherent series of communities that are unlike any other in Frederick County, both in the mix of uses, the innovative and attractive design of the Core Area and its supporting Land Bays, and the provision of much-needed public lands and roads as further detailed herein. These design elements, together with the Applicant's commitment to the provision of land for a school site, and construction of major elements of the County's road network, justify the additional density that is proposed. This project will include commercial/retail uses, though on a materially smaller scale than Crosspointe. Initially, the Applicant can only commit to construction of 10,000 square feet of commercial development before Warrior Drive is completed from Interstate 81 through to Route 340/522 creating a through road that will alleviate traffic on Tasker Road, and provide a well-designed and completed connection from one major County transportation corridor to another. Once that connection is made, however, the Applicant anticipates that the project will readily sustain the total commitment of 118,550 2 square feet of retail, office and restaurant space_ Because of the integration of walking paths from adjoining residential areas to the retail, restaurant and office uses, as well as different time periods of the uses within these elements, and because the applicant is very sensitive to the appearance of providing a "sea of parking" for this area of the project, and strives to reduce total impervious areas for environmentally friendly design principles, shared parking for the retail, office and restaurant uses may be justified. In order to assure the County that the Core Area will develop consistently with the MDP, and in a timely manner, the Applicant has committed to certain aspects of the development of that Area. This includes specific commitment to commercial, residential and community uses within the Core Area, which is to conform to a grid lot layout, and to the street layout and unit types shown. The Applicant shall continence development of the Core Area at the outset and not fewer than 30 residential units shall be built there as part of Phase I of the development. Not fewer than two housing types will be provided in that Core Area overall. Development within the Landbays on the Property outside the Core Area will also conform to the street layouts, points of connection to Warrior Drive and Parkins Mill Road, and to the limits of development as are depicted on the MDP subject to reasonable adjustment on final engineering. In addition to the MDP, the Applicant has proffered a Concept Development Plan as a separate attachment to the MDP, which gives specific guidance on the layout of the residential and other elements of the Core Area. Development of other Land Bays outside of the Core Area will occur within a defined road layout and limits of development subject to reasonable adjustment on final engineering, and the housing styles that are permitted within each Land Bay have been identified on the MDP. There are also specific project proposals that materially advance the County's planning needs, beyond the development of, and commitment to, an innovative and detailed land development plan. Warrior Drive The 2003 CPP's Eastern Road Plan area designates this road as a "New Major Collector". Additional research in the CPP implies this road to be closed section/urban in character. The adjacent development plans of record for Crosspointe Center and Wakeland Manor show this road in various functional classifications. The Applicant has committed to the phased construction of all of Warrior Drive on its Property, from its future connection with Crosspointe Boulevard through to Wakeland Manor. This will include the costly construction of a bridge crossing of a tributary of the Opequon, in the South and construction of full four lane sections of Warrior throughout. The Applicant has estimated the cost to construct Warrior Drive to a four -lane section through the project (approximately 3,700 feet), including the bridge crossing at approximately $5,000,000. 3 Parkins Mill Road Extended The 2003 CPP's Eastern Road Plan area designates this road as a "New Minor Collector". Additional research in the CPP implies this road to be open section/rural in character. The adjacent development plans of record for Canter Estates § V show this road as an 80' wide reservation, with no listed functional classification. The Applicant has committed to the construction of Parkins Mill Extended to the edge of its property boundary, permitting an ultimate connection to Canter Estates. The proffered road section is indicated on the MDP. Dedication of Land for an Elementary School Site and Other Purposes As an integral part of its revised application, the Applicant will dedicate 11 acres of property to be used in conjunction with adjacent properties for the location of an elementary school site. The Applicant also proposes to offer to the County additional useable land adjacent to the school site, for public use. Such dedication is conditional upon the preservation of a superb tree area on a knoll on that property. Fiscal Impact The Applicant has also proffered to contribute funds to the County consistently with fiscal impact modeling provided by the Planning Department, and the proffers that are associated with this rezoning application. Summary Because of the unique nature of this proposal, and its inclusion of design elements that have not heretofore been accomplished in Frederick County, but which are desired elements of the County's CPP and which employ the County's amended R4 zoning classification to maximum benefit, the applicant also herewith requests an increase in the permitted density cap of 4 DU/AC per County Code, Article IV, §165-72.C, an increase in the maximum permitted land use area of 40% of the total residential area for multifamily products, and modification of the previously -mentioned dimensional standards to accomplish the Frederick County's outlined objectives. The justification for the modifications sought is essentially that a neotraditional development cannot be accomplished using the traditional Euclidian patterns of development, and standard public and private road and lot designs. Jurisdictions in which such developments have been approved have recognized the need for such modifications, and the County is aware that the recent revisions to the VDOT Secondary Road Standards now contains provisions for neotraditional street designs that accommodate the evolving development of such street patterns. The justification for the increased density beyond the 4 units to the acre contemplated for the R4 district can be found in the need for such increased density to finance the private construction of one of the County's principal arterial routes and the advancement of its transportation plans for this area of the County, and the dedication of a school site to service the already approved population in the area. Moreover, the use of neotraditional designs advances • The intent of the 2003 Comprehensive Policy Plan; and • Unification of architectural styles; and • A truly walkable community; and • Integration of residential villages and neighborhood commercial uses within one "community"; and • A balanced design of preserving environmental features, while meeting the intent of a mixed-use community for a variety of land uses, efficient layout of the transportation system and Land Bays, and providing a community that will not create a burden on the tax payers; and • Provision for multiple housing types to attract the largest variety of residential housing consumers; and • Completion of major CPP road links The Applicant respectfully requests approval of this Rezoning Application. Exhibits: Exhibit 1 Vicinity Map Exhibit 2 Aerial Photograph Exhibit 3 Boundary Verification Exhibit 4 Topographic Survey Exhibit 5 Zoning Map Exhibit 6 2003 Comprehensive Plan Exhibit 7 Urban Development Areas and Sewer and Water Service Area Exhibit 8 Illustrative Plan Housing Types JA00\00419 Tower\0041Application Submittals11AS Narrative 061905.doc 5 INI;m DewbeVICINITY MAP DRAFTED CHECKED rr RJS MTW THE VILLAGES AT ARTRIP Dewberry & Davis LLC DATE SCALE 611 WEST JUBAL EARLY DRIVE+�-4,a�d� WINCHESTER ARTRIP, LLC BLDG e, SUITE C D.B. 713, PG, 417 JUNE 2004 WINCHESTER, VA 22601 PHONE: 540.678.2700 PARKINS MILL PRECINCT IN PROJ. NO. 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I �l I ti; wNER oqF6 `1 :girls 0 1TM 75G-((11))-lW T� 7�G-8-�51-85i gg;�- ij I , A -,\x A!, 0 4� v 90, it, Tki 75 ((A))- N/F, 99A AJX/Mp(S'� SANT0Fik-&'QiA(;N6N R� nrw ob-02/789 P Gi 321 AR: 'TM -4i ---bB 71 'A\\ 5 y- 0- --2 --l-69\924 X165` , TA -L--- - X1, 'LA 78 7jj F1'g( 1D - n A if T� C= .2; \��, \% IF 'Co A -CI, k L AE ii;E', R J 'I i - Xv 711 Ti4 It N r J N/F 1 R -DSLPE I t _6EA�DS1104 I 'I A V ioi NSTR P'00�q; /1,41 tit L\P Vo 2� It --Tm' �5G=�14 V_;,8)41 C4 -AD131 71� OPR q \x VVIN�\ TM 75'- j Ild q T _tlkELLI -- -- : i' \ \'A' J -D8 -W i. 2 "OR ...... .... ti S�T 3 VIt L. v I; t` fill i 1:0 TM 75- �((A )--9t N/F QLAIZE' D !8 I lub b9b -4 \\ 1J -AtM4 � p /x" .`TM 754( A�)-,§-7- 10 "N N /ff,'Ll HLIT N STR.0 -00-1165 V, )C' *3 A Xk- -54 h; 9- 3'00"W A\\ N §58-22' A - Ni 0 W 05.22 145.60' k 10 TM 75-((A))-1 01 ELAND MANOR 6,yj 0 .5'43, 17, il WHITE LAND TRUST A I; 63 -712.0 T AK DB 776/685 0 I,/ XI Dewberry Drawn By I Plan Number JLM 76030007 TOPOGRAPHIC SURVEY File Number Dewberry & Davis LLC Designed By Date JUNE 2004 THE VILLAGES AT ARTRIP 611 West Jubal Early Drive I I WINCHESTER ARTRIP, LLC Winchester, Virginia 22601 Checked By Scale D.B. 713 PG. 417 EXHIBIT PHONE: 540.678.2700 PARKINS MILL PRECINCT IN FAX: 540.678.2703 KWN =300' SHAWNEE MAGISTERIAL DISTRICT www.dewberry.com FREDERICK COUNTY, VIRGINIA 4 a J Ln Ln 0 a� c rn w 0 a - Q z D J Q C> 0 0 N N_ LnCn 3 >3 J _Z Z O N I Cil C: N N Q CA U eY Q C5 M 'J CJ >3 �a .O �o tU :ga 01 rz int i 6" R 'i } .,- Dewberry Dewberry &Davis LLC Drawn By RJS Project Number 76030007 ZONING MAP LEGEND --71 File Number Designed By RJS Date JUNE 2004 RA RURAL AREA DISTRICT D.B. 713, PG. 417 RP RESIDENTIAL PERFORMANCE DISTRICT Scale EXHIBIT R-4 RESIDENTIAL, PLANNED COMMUNITY 1 "=3 000 MILL SHAWNEE MAGISTERIAL PRECINCT (STRICT ® R-5 RESIDENTIAL, RECREATIONAL COMMUNITY FREDERICK COUNTY, VIRGINIA MH -1 MOBILE HOME COMMUNITY DISTRICT B-1 BUSINESS, NEIGHBORHOOD DISTRICT B-2 BUSINESS, GENERAL DISTRICT !� B-3 INDUSTRIAL TRANSITION DISTRICT M-1 INDUSTRIAL, LIGHT DISTRICT M-2 INDUSTRIAL, GENERAL DISTRICT EM EXTRACTIVE MANUFACTURING DISTRICT HE HIGHER EDUCATION DISTRICT =y CITY LIMITS URBAN DEVELOPMENT AREA PRIMARY STATE HIGHWAYS SECONDARY STATE HIGHWAYS PRIVATE ROADS } .,- Dewberry Dewberry &Davis LLC Drawn By RJS Project Number 76030007 CURRENT ZONING MAP THE VILLAGES AT ARTRIP WINCHESTER ARTRIP, LLC File Number Designed By RJS Date JUNE 2004 611 West Juba! Early Drive Winchester, Virginia 22601 D.B. 713, PG. 417 Checked By Scale EXHIBIT PHONE: 540.678.2700PARKINS FAX: 540.678.2703 NITW 1 "=3 000 MILL SHAWNEE MAGISTERIAL PRECINCT (STRICT wvwv_dewberry.com FREDERICK COUNTY, VIRGINIA LEGEND Study Area ren 7,060 acres /**:SWSA Boundary Arterial and Collector Raod Projects t pt* WATS Road Improvements 141 Additional Collector Roads l Dopowd Traffic Sieg ral Zonirtg q �l RA (Rural Area District) RP (Residential Performance District) R5 (Residential, Recreaticna Community) MH1 (Mobile Home Community) BI (Business, Neighborhood District) B2 (Business, General District) B3 (Industrial, Transition District) M1 (Industrial, Light District) M2 (Industrial, General District) EM (Extractive Manufacturing District) HE (higher Education District) CPPS & Staff Recommendations WIC Proposed Land Use ;0 jj Agricultural 0 Residential '7 -y1 Business ; :3 Industrial .�yInstitutional Utility Recreation Historic Mixed -Use PUD - ` Public Trail System Eneiromental Constraints f.e to t R G:, r0 'Net. bww�— Dewberry Drawn By KLT 7sos000� Plan Number 2003 COMPREHENSIVE POLICY PLAN File Number SOUTH FREDERICK COUNTY LAND USE PLAN EXCERPT Dewberry & Davis LLC Designed By Date JUNE 2004 THE VILLAGES AT ARTRIP 611 West Jubal Early Drive KLT WINCHESTER ARTRIP, LLC Winchester, Virginia 22601 Checked By Scale D.B. 713, PG. 417 EXHIBIT PHONE: 540.678.2700 PARKINS MILL PRECINCT FAX: 540.678.2703 MTW As Shaven SHAWNEE MAGISTERIAL DISTRICT www.dewberry.com FREDERICK COUNTY, VIRGINIA I- - - - - - ------------- Urban ------ -Urban Development Area & Sewer and Water Service Area Frederick County, Virginia 1 1 It T,� f illl :tt V• i 71 A -40 THE VILQkGES n r G T ARTRIP Mrjr Rook, 1 ;�y"Z" S t - f'onnfJ tfoundrvy _ � 1'ry-rnls (Uusine+�i, N- 11 I 1 ntv ! _ �/ g f Mr fnnr trim �%i f/ \ ___EM(Eztrn.t:va �imru/raYunny fliktrlrt) 44), HE flhgher EJurofwn M,1-1) MI lhWua'frtul. 1-fyhl ,m,Oi / 7'4d f M1(/ndustrial. (:en of D .Mc!) MHz (Mobilo Home (-fmitg f)ivtnrt) ms(M,,bi l S'.,a 1 munrty lhstrrcy k;(Xrsirfen(uil Necrr<einnd l:ym kA (Rural Areas Dist 1 ---t ; RI (Re W,oGcJ fo rfo„names u,Sj egj i f \ r Q urban Devrlopmenf Arvn 1ru+rr oml wofer .tirnriro 4n Dewberr .■. Y1 Dewberry & Davis LLC 611 WEST JUBAL EARLY DRIVE BLDG B, SUITE C WINCHESTER, VA 22601 PHONE: 540.678.2700 FAX: 540.678.2703 www,dewbem.com Urban Development Area DRAFTED & Sewer and Water Service Area KLT THE VILLAGES AT ARTRIP DAIS WINCHESTER ARTRIP, LLC D.B. 713, PG. 417 JUNE 2004 PARKINS MILL PRECINCT IN PROD. NO. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1276014 CHECKED MTW SCALE As Shown EXHIBIT 7 GARDEN APARTMENTS (RIGHT) TREE LINED BOULEVARD REE LINED OULEVARD VILLAGE OPEN SPACE COMMERCIAL SPACE ON GROUND FLOOR, APARTMENTS/ OFFICE SPACE ABOVE PEDESTRIAN CIRCULATION ROUTES THIS PLAN IS INTENDED TO SHOW POSSIBLE UNIT TYPES. ACTUAL ELEVATIONS AND MATERIALS WILL VARY. THIS EXHIBIT IS TO BE USED FOR ILLUSTRATIVE PURPOSES ONLY AND IS NOT TO BE RELIED UPON FOR ANY LEGAL OR CONSTRUCTION PURPOSES. ACTUAL LOCATIONS OF STRUCTURES, ROADWAYS, LANDSCAPING, UNIT TYPES, ELEVATIONS AND MATERIALS MAY VARY AT TIME OF CONSTRUCTION. ALLEY -SERVED VILLAGE HOME STACKED FLATS STACKED FLATS BACK TO I3ACK UNIT STACKED FLATS END UNIT ENTRY STACKED FLATS INTERIOR UNIT ENTRY STREET FRONT TOWNHOME (ABOVE) VILLAGE HOME, ALLEY -SERVED CLUSTER HOMES ALLEY -SERVED UNITS FRONT LOADED DETACHED CLUSTER ..,Ire De+wberr ��* 9 Dewberry & Davis LLC 611 West Juba[ Early Drive Winchester, Virginia 22601 PHONE: 540.678.2700 FAX: 540.678.2703 www.dewberry.com I Drawn By RJS Plan Number 76030007 ILLUSTRATIVE PLAN - HOUSING TYPES CONCEPTUAL BUILDING 1: LEVATIONS THE VILLAGES AT ���RTRIP WINCHESTER ARTRIP, LLC D.B.713, PG. 417 PARKINS MILL PRECINTINCT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA File Number Designed By JS Date JUNE 2004 EXHIBIT 8 Checked By MTW Scale 1 "=400' I A Phased 'traffic Impact Analvsis of the v iiiabes at 'A' Located in: Frederick County, Virginia Prepared for: The Tower Companies 11501 Huff Court North Bethesda, Maryland 20895 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. LandsccpeArchitects. 300 Foxcroft Avenue. Suite 200 Martinsburg, West Virginia 25401 H RAT 304.264.2711 PF 304.264.3671 December 15, 2004 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Villages at Artrip development located between Tasker Road and the Opequon Creek (northeast of the Lakeside Drive dead-end) in Frederick County, Virginia. The proposed project is to include 820 units of residential, 60,000 square feet of office, approximately 150,000 square feet of retail and two (2) 6,000 square foot restaurants with access to be provided via the planned Warrior Drive (future roadway). The proposed development will be built -out over three (3) phases by the year 2012. Figure 1 is provided to illustrate the location of the Villages at Artrip with respect to the surrounding roadway network. Warrior Drive is proposed as a new arterial that would provide a connection from Fairfax Pike (Route 277), through Tasker Road (Route 642), to north of the future Crosspointe Boulevard (extended Route 37). The completion of Warrior Drive, however, may not occur until the final stages of construction for the Villages at Artrip. Therefore, in order to address all possible roadway network conditions, PHR+A has prepared build -out analyses for two (2) interim transportation phases. The following provides a description of each phase: Phase 1 (2006) assumes 297 residential units along with the completion of Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip; Phase 2 (2009) assumes 577 residential units and 10,000 square feet of retail along with the completion of Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip; and Phase 3 (2012 - Full Build -out) assumes the build- out of the entire Villages at Artrip development along with the completion of Warrior Drive from south of Tasker Road to north of Crosspointe Boulevard (future roadway within the planned Crosspointe development). Methodology The traffic impacts accompanying the Villages at Artrip development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for Villages at Artrip, • Distribution and assignment of Villages at Artrip generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS -2000, for existing and future conditions. A Phased Traffic Impact Analysis of the Villages at Artrip PH R l December 15, 2004 Page 1 No Scale U Figure 1 PHizn Vicinity Map - Villages at Artrip A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 2 EXISTING CONDITIONS PHR+A obtained AM and PM peak hour manual turning movement counts at the intersections of Route 37/1-81 southbound ramps, Route 37/1-81 northbound ramps and Route 37/Tasker Road from the report titled: A Phased Traffic Impact Analysis o� Crosspointe Center, by PHR+A, dated September 10, 2003. Since these counts were conducted prior to Year 2004, an annual growth rate of 5% was applied. PHR+A then conducted "new" traffic counts at the intersections of Tasker Road/Lakeside Drive and Tasker Road/Warrior Drive to complete the study area. ADT (Average Daily Traffic) was established along each of the study area roadway links using an average "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9%. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS -2000 levels of service worksheets are included in the Appendix section of this report. A Phased Traffic Impact Analysis of the Villages at Artrip PH R+ 1 December 15, 2004 Page 3 Figure 2 I 11Vcrage Daily Trips Existing ADT and AM/PM Peak Hour Traffic Volumes A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 4 PH ���A Phased Traffie Impact Analysis of the Villages at Artrip December 15, 2004 Page 5 PHASE I ANALYSES (2006 The 2006 roadway network assumes the completion of Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip site. PHR+A assumed the partial build -out Of CrOSSDOmte Center and Wakeland Manor (background developments) to coincide with the completion of the proposed Phase 1 Villages at Artrip development (297 residential units). 2006 BACKGROUND CONDITIONS In order to accurately depict future conditions within the study area, PHR+A utilized the following traffic studies to determine the trips associated with not yet completed area developments: 1) A Phased Traffic Impact Analysis of Crosspointe Center, by PHR+A, dated September 10, 2003; and 2) A Traffic Impact Analysis for Wakeland Manor, by KELLERCO, dated June 30, 2003. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, Tables la and lb are provided to summarize the calculated trips associated with each of the 2006 "other developments". Table la LUU6 Background Development #1: Crosspointe Center Total Trips 484 515 999 1,126 1,148 2,274 24,433 1 Total Internal 74 74 147 304 304 608 6,478 Total Pass -by 26 26 52 112 112 225 2,405 Total "New Trips" 384 416 800 709 732 1,441 15,550 I Table lb LUUO Background Development #2: Wakeland Manor AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 199 units 37 111 148 125 74 199 1,985 230 Townhouse/Condo 107 units 9 45 55 43 21 64 931 Total Trips 46 157 203 168 94 262 2,916 I PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 6 AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 555 units 99 298 398 316 185 501 5,550 230 Townhouse/Condo 140 units 11 56 68 53 26 79 1,218 252 Elderly Housing - Attach 100 units 4 4 8 7 4 710 Office 95,000 SF 158 22 180 31 154 11 185 348 1,282 820 Retail 375,000 SF 211 135 346 719 779 1,498 16,035 Total Trips 484 515 999 1,126 1,148 2,274 24,433 1 Total Internal 74 74 147 304 304 608 6,478 Total Pass -by 26 26 52 112 112 225 2,405 Total "New Trips" 384 416 800 709 732 1,441 15,550 I Table lb LUUO Background Development #2: Wakeland Manor AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 199 units 37 111 148 125 74 199 1,985 230 Townhouse/Condo 107 units 9 45 55 43 21 64 931 Total Trips 46 157 203 168 94 262 2,916 I PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 6 In addition to the trips relating to the specific background developments described in Tables la and lb, existing traffic volumes were increased along study area roadways using an historic growth rate of 5%v per year (compounded annually) through Year 2006. Figure 4 shows the 2006 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 5 shows the corresponding 2006 background lane geometry and AM/PM peak hour levels of service. HCS -2000 levels of service worksheets are provided in the Appendix section of this report. PHASE 1 TRIP GENERATION The total trips produced by and attracted to the Villages at Artrip site were established using the 7`h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 2 summarizes the trip generation results for the proposed Phase 1 Villages at Artrip development. A detailed description of internal/pass-by trips are provided in the Appendix section of this report. PHASE 1 TRIP DISTRIBUTION AND TRIP ASSIGNMENT Assuming the 2006 roadway network, PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the Phase 1 Villages at Artrip trips (Table 2) throughout the study area. Figure 7 shows the corresponding development -generated AM/PM peak hour trips and ADT assignments. 2006 PHASE 1 BUILD -OUT CONDITIONS The Villages at Artrip assigned trips (Figure 7) were added to the 2006 background traffic volumes (Figure 4) to obtain 2006 build -out conditions. Figure 8 shows the 2006 Phase 1 build -out ADT and AMIPM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 9 shows the corresponding 2006 build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. PAH A Phased Traffic Impact Analysis of the Villages at Artrip RDecember 15, 2004 Page 7 . �vrrage Daily Trips I Figure 4 2006 Background ADT and AM/PM Peak Hour Traffic Volumes Pk-R+A A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 8 Figure 5 SITE , (�=� Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) 2006 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 9 Table 2 Phase 1: Villages at Artrip Trip Generation Summary Code Land Use Amount In ANI Peak Hour Out Total In PM Peak Hour Out Total ADT Percentage of Total Land Bay A 210 Single -Family Detached 230 Townhouse/Condo 39 units 258 units 9 19 28 91 37 110 29 88 17 43 46 131 390 2,245 Land Bay C 488 Soccer Complex 3 field 2 2 4 43 19 62 214 Total Trips 30 121 151 159 79 239 2,849 100% Total Internal Total Pass -by 1 0 1 0 2 0 16 0 16 0 31 0 107 0 7% 0% Total "New Trips" 29 120 149 144 64 208 2,742 93% PJ�Rl� A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 10 �T in No Scale Figure 6 Phase 1: Trip Distribution Percentages TE A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page i l H See/Fid re 7b CE M Peak Hour) Average Daily Tris Figure 7a Phase 1: Development -Generated Trip Assignments PH ��A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 12 d No Scale Q/ 3� I / / . to Dove / Sp\IBS_ _ t t t 1 _ _ --_ `SiieDtiveP21B Land Bay B 1 ♦ ;'q ♦' S ♦ C� Figure 7b f :d N' S,� ,•mow Land Bay A SITE SSP I A ,I �P Land Bay E P ':P K,os i � •O Land Bay D Site r Drive Di �fl r i� AM Peak Hour(PM Peak Hour) Average Daily Phase 1: Development -Generated Trip Assignments (Detail) PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 13 Average Baily Trips Figure 8a Phase 1: 2006 Build -out ADT and AM/PM Peak Hour Traffic Volumes P A Phased Traffic Impact Analysis of the Villages at Artrip IL December 15, 2004 Page 14 No Scale >I qI o I 3�cI ♦ ♦ 1 1 Land Bay B �SlteD{ive P,21g2 t� \ Land Bay A SITE srre . P' I Land Bay E eo- Land Bay D Site q Div Dl fir �Ol AM Peak Hour(PM Peak Hour) DailyAverage Figure 8b Phase 1: 2006 Build -out Traffic Conditions (Detail) PH R+A A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 15 —"motes Pree- low Lane * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 9a Phase 1: 2006 Build -out Lane Geometry and Levels of Service PH ��A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 16 No Scale Land Bay B Hjt Land Bay A d �- SITE J. I JfI I Land Bay E n ." 9 about A(A) Land Bay D * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 9b Phase 1: 2006 Build -out Lane Geometry and LOS (Detail) PH � A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 17 PHASE 2 ANALYSES (2009) The 2009 roadway network assumes the completion of Warrior Drive from south of Tasker Road to the northern property extents of the Villages at Artrip site. PHR+A assumed the partial build -out of Crosspointe Center and Wakeland Manor (background developments) to coincide with the completion of the proposed Phase 2 Villages at Artrip development (577 residential units and 10,000 square feet of retail). 2009 BACKGROUND CONDITIONS In order to accurately depict future conditions within the study area, PHR+A utilized the following traffic studies to determine the trips associated with not yet completed area developments: 1) A Phased Traffic Impact Analysi r of Cro sspointe Center, by PHR+A, dated September 10, 2003; and 2) A Traffic Impact Analysis for Wakeland Manor, by KELLERCO, dated June 30, 2003. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, Tables 3a and A are provided to summarize the calculated trips associated with each of the 2009 "other developments". Table 3a 2009 Background Development #1: CrossDointe C".vntPr Code Land Use Amount In AM Peak }lour Out Total In PM Peak Hour Out Total ADT 210 Single -Family Detached 833 units 148 444 592 455 267 722 8,325 230 Townhouse/Condo 210 units 16 78 93 74 36 110 1,827 252 Elderly Housing - Attach 150 units 5 7 12 10 6 17 522 710 Office 142,500 SF 219 30 249 41 198 238 1,752 820 Retail 562,500 SF 269 172 441 940 1,018 1,957 20,870 Total Trips 658 730 1.388 1,519 1,526 3,045 33,296 I Total Internal 94 94 189 397 397 795 8,436 Total Pass -by 33 33 66 147 147 294 3,130 Total "New Trips" 530 603 1,133 975 982 1,956 21,730 I Table 3b 2009 Background Development #2: Wakeland Mang PH" A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 18 AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 298 units 54 163 218 180 106 286 2,978 230 Townhouse/Condo 161 units 13 63 75 59 29 89 1,396 Total Trips 67 226 293 240 135 375 4,374 I PH" A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 18 In addition to the trips relating 10 the specific background developments described in Tables 3a and 3b, existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2009. Figure 10 shows the 2009 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 11 shows the corresponding 2009 background lane geometry and AM/PM peak hour levels of service. HCS -2000 levels of service worksheets are provided in the Appendix section of this report. PHASE 2 TRIP GENERATION The total trips produced by and attracted to the Villages at Artrip site were established using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 4 summarizes the trip generation results for the proposed Phase 2 Villages at Artrip development. A detailed description of internal/pass-by trips are provided in the Appendix section of this report. PHASE 2 TRIP DISTRIBUTION AND TRIP ASSIGNMENT Assuming the 2009 roadway network, PHR+A utilized the trip distribution percentages shown in Figure 12 to assign the Phase 2 Villages at Artrip trips (Table 4) throughout the study area. Figure 13 shows the corresponding development -generated AM/PM peak hour trips and ADT assignments. 2009 PHASE 2 BUILD -OUT CONDITIONS The Villages at Artrip assigned trips (Figure 13) were added to the 2009 background traffic volumes (Figure 10) to obtain 2009 build -out conditions. Figure 14 shows the 2009 Phase 2 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 15 shows the corresponding 2009 build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets arb included in the Appendix section of this report. PH Jl� A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 19 Average Daily Trips Figure 10 2009 Background ADT and AM/PM Peak Hour Traffic Volumes A Phased Traffic Impact Analysis of the Villages at Artrip PH 1 + 1 December 15, 2004 Page 20 PP No Scale SITE �Y- -l� I ' ♦ ♦ ' signalized "S� Intersection Impr ♦� LOS-B(B)Sig' Wl ♦ ark ♦ e`Ro ♦-♦ B(Bj�d< F Denotes Free -Flow Lane Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 11 2009 Background Lane Geometry and Levels of Service PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December I5, 2004 Page 21 Table 4 Phase 2: Villages at Artrip Trip Generation Summary AM Peak Hour PM Perk hour Percentage Code Land Use Amount In Out TotalIn Out Total ADT of Total 210 Single -Family Detached 102 units 20 60 81 69 40 109 1,017 230 Townhouse/Condo 438 units 29 140 168 135 67 202 1811 820 Retail 10,000 SF 24 15 .39 66 71 137 1,20 Land Bay B 210 Single -Family Detached 37 units 9 27 36 28 16 44 373 Land Bay C 488 Soccer Complex 3 field 2 2 4 43 19 62 214 Total Trips 84 244 328 340 214 554 6,935 100% Total Internal 1 I 2 16 16 31 107 3% Total Pass -by 0 0 0 0 0 0 0 0% Total "New Trips" 83 243 326 325 198 523 6,828 97% PH A Phased Traffic Impact Analysis of the Villages at Artrip R+ADecember 15, 2004 Page 22 No Scale Figure 12 Phase 2: Trip Distribution Percentages PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 23 Average Daily Trus Figure 13a Phase 2: Development -Generated Trip Assignments P]�PA A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 24 No Scale AM Peak Hour(PM Peak Hour) n Average Daily Trips Figure 13b Phase 2: Development -Generated Trip Assignments (Detail) PH ��A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 25 e6dla95i�Dt`ve ihl- r s /Site Dtt`e \ Land Bay A o r •, �,-�-' Land Bay B DOe SITE , `� se q•�O�;Le «� mob` �' i 3 5 U, Land Bay E akeside Drive '>> Land Ba C y q� Land Bay D 'P P w�9J oa 1 jsite �►pttve D1 AM Peak Hour(PM Peak Hour) n Average Daily Trips Figure 13b Phase 2: Development -Generated Trip Assignments (Detail) PH ��A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 25 No scaic <n.r AM Peak Hour(PM Peak Hour) DailyAverage Figure 14a Phase 2: 2009 Build -out ADT and AM/PM Peak Hour Traffic Volumes PAH A Phased Traffic Impact Analysis of the Villages at Artrip RDecember I5, 2004 Page 26 No Scale AM Peak Hour(PM Peak Hour) n 1 Figure 14b Phase 2: 2009 Build -out Traffic Conditions (Detail) PH ��� A Phased Traffic Impact Analysis of the Villages atArtrip December 15, 2004 Page 27 v/ a i J I /S1te Di iv e 1 ,. Land Bay A Land Ba B Bay `N r' SITE b, Land Bay E s z a akeside Dnve Land Bay C q� Land Bay D s. l" r site DnveDl tp 4- I � P b o OIOI J J AM Peak Hour(PM Peak Hour) n 1 Figure 14b Phase 2: 2009 Build -out Traffic Conditions (Detail) PH ��� A Phased Traffic Impact Analysis of the Villages atArtrip December 15, 2004 Page 27 PT A * Denotes Unsignalized Critical Movement I - TP+/ \ AM Peak Hour (PM Peak Hour) Figure 15a Phase 2: 2009 Build -out Lane Geometry and Levels of Service PH A Phased Traffic Impact Analysis of the Villages at Artrip IL December 15, 2004 Page 28 No Scale * Denotes Unsignalized Critical Movement ^ AM Peak Hour (PM Peak Hour) Figure 15b Phase 2: 2009 Build -out Lane Geometry and LOS (Detail) PH ���A Phased Traffic Impact Analysis of the Villages atArtrip December 15, 2004 Page 29 / Unsignalized J� Intersection i O ' Site Dnve pi et,2ie2 Land Bay A o Land Bay B SITE ' e d Unsignalized Intersection ty Pa �' Land Bay E '16 Roundabout LOS = A(A) Lakeside Drive Land Bay D <t, Land Bay C n ar'o siteDrjVeDl r f�► � ti,�s�a��a * Denotes Unsignalized Critical Movement ^ AM Peak Hour (PM Peak Hour) Figure 15b Phase 2: 2009 Build -out Lane Geometry and LOS (Detail) PH ���A Phased Traffic Impact Analysis of the Villages atArtrip December 15, 2004 Page 29 PHASE 3 ANALYSES (2012 The 2012 roadway network assumes the completion of Warrior Drive from south of Tasker Road to north of Crosspointe Boulevard (future roadway with the planned Crosspointe development). PHR+A assumed the full build -out of Crosspointe Center- and Wakeland Manor (background developments) to coincide with the completion of the proposed Phase 3 (full build -out) Villages at Artrip development. 2012 BACKGROUND CONDITIONS In order to accurately depict future conditions within the study area, PHR+A utilized the following traffic studies to determine the trips associated with not yet completed area developments: 1) A Phased Traffic Impact Analysis of Crosspointe Center, by PHR+A, dated September 10, 2003; and 2) A Traffic Impact Analysis for Wakeland Manor, by KELLERCO, dated June 30, 2003. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, Tables 5a and 5b are provided to summarize the calculated trips associated with each Of the 2012 "other developments". Table 5a 1zL 1),acngruunu vevelopment 4f i: urosspointe Center Total Trips 819 938 1,758 1,882 1,874 3,755 41,580' Total Internal 113 113 225 481 481 961 10,174 I Total Pass -by 39 39 79 178 178 355 3,774 Total "New Trips" 667 786 1,454 1,224 1,215 2,439 27,632 I Table 5b Lutz Background Development #2: Wakeland Manor AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 397 units 72 215 287 234 137 371 3,970 230 Townhouse/Condo 214 units 16 79 95 75 37 112 1,862 Total Trips 88 294 382 309 174 483 5,832 PH ��A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 30 AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached LI 10 units 197 590 786 589 346 935 11,100 230 Townhouse/Condo 280 units 20 98 118 94 46 140 2,436 252 Elderly Housing - Attach 200 units 7 9 16 13 9 22 696 710 Office 190,000 SF 276 38 313 50 242 292 2.187 820 Retail 750,000 SF 320 204 524 1,136 1,231 2,367 25,161 Total Trips 819 938 1,758 1,882 1,874 3,755 41,580' Total Internal 113 113 225 481 481 961 10,174 I Total Pass -by 39 39 79 178 178 355 3,774 Total "New Trips" 667 786 1,454 1,224 1,215 2,439 27,632 I Table 5b Lutz Background Development #2: Wakeland Manor AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 397 units 72 215 287 234 137 371 3,970 230 Townhouse/Condo 214 units 16 79 95 75 37 112 1,862 Total Trips 88 294 382 309 174 483 5,832 PH ��A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 30 In addition to the trips relating to the specific background developments described in Tables Sa and Sb, existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through year 2012_ Figure 16 shows the 2012 background ADT and ANL/PNl peak h®ur traffic volumes at key locations throughout the study area roadway network. Figure 17 shows the con-esponding 2012 background lane geometry and AM/PM peak hour levels of service. HCS -2000 levels of service worksheets are provided in the Appendix section of this report. PHASE 3 TRIP GENERATION The total trips produced by and attracted to the Villages at Artrip site were established using the 7ch Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 6 summarizes the trip generation results for the proposed Phase 3 Villages at Artrip development. A detailed description of interna]/pass-by trips are provided in the Appendix section of this report. PHASE 3 TRIP DISTRIBUTION AND TRIP ASSIGNMENT Assuming the 2012 roadway network, PHR+A utilized the trip distribution percentages shown in Figure 18 to assign the Phase 3 Villages at Artrip trips (Table 6) throughout the study area. Figure 19 shows the corresponding development -generated AM/PM peak hour trips and ADT assignments. 2012 PHASE 3 BUILD -OUT CONDITIONS The Villages at Artrip assigned trips (Figure 19) were added to the 2012 background traffic volumes (Figure 16) to obtain 2012 build -out conditions. Figure 20 shows the 2012 Phase 3 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 21 shows the corresponding 2012 build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 31 Average Daily Trus :1 Figure 16 2012 Background ADT and AM/PM Peak Hour Traffic Volumes Pt � A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 32 i No Scale Figure 17 Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) 2012 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 33 Table 6 Phase 3: Viliages at Artrip Trip Generation Summary -16 ,,,,y 0 may oe reptacea oy au apartment units (ITE Code 220) with trip generation totaling 43 AM peak hour, 62 PM peak hour and 480 daily trips. This would result in a reduction of 55 AM Peak Hour, 312 PM peak hour and 3604 daily trips. ** The completion of Warrior Drive will create diverted background thru traffic that will utilize the retail components of the Villages at Artrip. PHFZA A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 34 AM Peak Hour Ply l Peak Hour Percentage Code Land Use Amount In Out Total In Out Total ADT of Total Land Bav A 210 Single -Family Detached 139 units 27 80 107 91 53 144 1.390 220 Apartment 76 units 8 33 41 39 21 59 456 230 Townhouse/Condo 438 units 29 140 168 135 67 202 3.811 710 Office 60,000 SF 110 15 125 25 121 146 900 820 Retail 103.700 SF 98 62 160 308 333 641 6,953 932 H -T Restaurant 6,000 SF 36 33 69 40 26 66 763 932 H -T Restaurant 6,000 SF 36 33 69 40 26 66 763 Land Bay B 210 Single -Family Detached 51 units 11 34 45 37 22 58 510 Land Bav C 488 Soccer Complex 3 fields 2 2 4 43 19 62 214 Land Say D* 820 Retail (4.2 -acres @ 0.25 FAR) 45,738 SF 60 38 98 179 194 374 4,084 Land Bav E 220 Apartment 116 units 12 48 61 53 29 81 696 Total Trips 428 519 947 989 910 1,899 20,540 100% Total Internal 47 47 94 165 165 331 3,262 14% Total Pass -by** 19 19 39 76 76 152 1,656 6% Total "New Trips" 361 452 814 748 669 1,416 15,623 80% * PHR+A nerfnrmed an:dvcic accumino rhe v,nrc­i—t ,.tee ­........_ , _­ .,_.. — . _ __ -16 ,,,,y 0 may oe reptacea oy au apartment units (ITE Code 220) with trip generation totaling 43 AM peak hour, 62 PM peak hour and 480 daily trips. This would result in a reduction of 55 AM Peak Hour, 312 PM peak hour and 3604 daily trips. ** The completion of Warrior Drive will create diverted background thru traffic that will utilize the retail components of the Villages at Artrip. PHFZA A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 34 No Scale Figure 18 PIH-R+A Phase 3: Trip Distribution Percentages A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 35 IL Average wily Tris Figure 19a Phase 3: Development -Generated Trip Assignments PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 36 No Scale AM Peak Hour(PM Peak Hour) +nTrips Figure 19b Phase 3: Development -Generated Trip Assignments (Detail) PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 37 c �l 37 „Y9 . 24, No Scale \ ` m - ~ ,, �''�,,' 'h "�2°ro �l37 f o, o 0 to Road 14 (41)6��A ((( (4) (96)S9 Q h JO C o5s0bio(e �o 00 (0 B/�d ~`181( ( 8 8) (198)6p �J rBJ (86,446 ` , o s o ` See Figure 20b (4j,- 0(0) 4 SAp SITE L� Lakeside Drive a1 91 0-09 4S2 1��3rS O 9, Road AM Peak Hour(PM Peak Hour) -1+ —Average Daily Trips H'�'� Figure 20a Phase 3: 2012 Build -out ADT and AM/PM Peak Hour Traffic Volumes PH �� A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 38 No Scale AM Peak Hour(PM Peak Hour) ftfl,. f �. PAH A Phased Traffic Impact Analysis of the Villages at Artrip RDecember 15, 2004 Page 39 No Scale Signalized Intersection LOS =D(F) �(F LOS F(F) Signalized "Sw,gested - Intersection Improx` ments" LOS=C(C) EB - t IN Unsignalized Intersection & I Freerto,, Right /4j NB - 2 Lel'ts 'ti' Tkcr 1~tUs _ J� r` CE J Road �c� G `Gl Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement 37 / Signalized Intersection LOS = B(B) 0 i���7 lac I Unsignalized Intersection Intersection LOS = B1(C1�) 1c7 ssPoinre gI'd B�q See Figure 21b Signalized "Suggested Intersection Improvements" �oS LOS=QQ Added 4th Leg EB/WB - 1 Lt, 1 Rt Unsignalized Intersection Ta NB - I Thru s'Ee,. SB - I Lt 1 Thru I RI /4j CL0 'ti' Tkcr 1~tUs _ J� r` CE J Road �c� G `Gl Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement -Pi R+ AM Peak Hour (PM Peak Hour) Figure 21a Phase 3: 2012 Build -out Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of the Villages at Artrip �� PH December 15, 2004 Page 40 No Scale (L)L lkl L 0 3 Signalized Intersection LOS = A(C) C(C.l Land Bay B Signalized `� v Intersection � �^ LOS =B(B) G: Land Bay A SITE Roundabout LOS = A(A) S Pa A side Drtve at Land Bay C l � vi\\ 1;Ea��� Unsignalized e Intersection Land Bay D r.s. L r� C 9 /}� packets FlE`�f+I Unsignalized Intersection Unsignalized -� Intersection r� rr Land Bay E Intersection ,v 1� F ry► * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 21b Phase 3: 2012 Build -out Lane Geometry and LOS (Detail) PH Jl� A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 41 CONCLUSION The traffic impacts associated \\ith the proposed Villages at Artrip development arc acceptable and manageable. The fol lo�.� m2 describes the future (Year 2012) operatin` conditions at each of the study area intersections. • Route 37/SB I-81 ramps: In order to achieve acceptable overall levels of service of "C" or better during 2012 background and build -out conditions, the following intersection improvements were assumed: 1) One lane was added along the southbound approach; 2) One thru lane in the eastbound and westbound directions. respectively, and 3) The westbound left -turn movement to southbound 1-81 was eliminated. All vehicles would be rerouted to the eastbound I-81 southbound ramp via the Route 37/US Route 11 interchange. • Route 37/NB I-81 ramps: In order to achieve acceptable overall levels of service of "C" or better during 2012 background and build -out conditions, the following intersection improvements were assumed: 1) The intersection is to be realigned to the east at the approximate location of the existing Tasker Road; 2) Two eastbound left -turn lanes were added; 3) One thru lane in the eastbound and westbound directions, respectively; 4) One lane was added along the northbound approach; and 5) A designated right turn lane was added in the westbound direction to allow free flow travel onto northbound I-81- • Crosspointe Boulevard/Tasker Road: For 2012 background and build -out conditions, this intersection will operate with overall levels of service of "C" during the AM peak hour and "D" during the PM peak hour assuming the following improvements: 1) Tasker Road is to be realigned to the east through the proposed Crosspointe Center site; 2) Route 37 was extended through the Crosspointe Center site as Crosspointe Boulevard.; 3) The new intersection of Crosspointe Boulevard/Tasker Road will be signalized and include the following lane geometry: Eastbound — one left -turn lane, two thru lanes and one right -turn lane; Westbound — one left -turn lane, one thru lane and one shared thru/right-turn lane- Northbound two left -turn lanes, one thru lane and one right -turn lane; Southbound — one shared left-turn/thru lane and one right -turn. In order to demonstrate the minimal impacts of the project, PHR+A has provided Table 7 to the show the increase fn delay/levels of service between 2012 background and 2012 build -out conditions, assuming no improvements, for the intersections of Route 37/SB I-81 ramps, Route 37/NB I-81 ramps and Crosspointe Boulevard/Tasker Road. PAHl?' APhased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 42 Table 7 Comparison of Intersection Delay and Levels of Service (without improvements) Villap-es at Artrl D: 2012 RArkcrnllnrl %ro, i c 7M'f 111_.:1 _I PH � A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 43 Weekday!'riilca! 6tfersectiun Traffic Control \�luvemem ' :i ' Peak Hour PM Peak flour Levels of Background Service Build -out Delay Background (in seconds) Build -out Q e -uut Build seconds) -out QEB 37 & 1-31 Ramps 37 & 1-31 Signalized Ramps Tasker Road & Crosspointe Signalized \bB NB WB SB EB WB NB SB Overall F F F F B FE C E C C C C C F F F F B E D C C C C C 132.6 235 3 135.3 _701.4 1:1 914 30.9 59A 29.'_ 31.7 ;3.7Boulevard , 3 4 ;I J '029 313.6 1 39.0 3414 11.3 75.0 55.9 54.5 35.0 34.3 3>-7 34.7 30.6 +70.3 +32.8 +3.2 +40.0 -1.3 -16.4 +25.0 -4.9 -4.2 +3.1 +0.0 +1.3 11 C D C D 7EF E C D D D %Iinwondsln 4063 -111.9Route 439.0 +94.9SiintalizedNB x627 +256.3Overall 109.6 +34.4EB 93.0 +67.9Route 164.9 +95.0SB 153.3 +26.4Overall +69.2 +10.8 +2-7 +13.9 +17.8 +9.6 PH � A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 43 • Crosspoinle Boulevard/Warnor Driyc.: For 2012 background and build -out conditions, this intersection will operate with levels of service of "C'- or hetter during the AM and PM peak hours. This planned intersection is to be signalized and will include the following lane geometry: Eastbound — one shared left-turn/thrix lane and one right -turn lane: Westbound — one shared left -turn/thruh-fight-turn lane: Northbound - one shared left-turn/thru lane and one right -turn lane; Southbound — one shared left-turn/thru/ri ght-turn lane. • Hillandale Lane/Tasker Road: For 2012 background and build -out conditions, this intersection will operate with levels of service of "C" or Letter during the AM and PM peak hours assuming the following improvements: 1) Tasker Road is to be realigned to the east through the proposed Crosspointe Center site; 2) Hillandale Lane was realigned to intersect with Tasker as a T -intersection.; 3) The new intersection of Hillandale Lane/Tasker Road will maintain the following lane geometry: Eastbound — one shared left-turn/thru lane/right-turn lane; Westbound — one shared left-turn/thru/right-turn lane; Northbound - one shared left-turn/thru lane and one right -turn lane; Southbound -- one shared left-turn/thru/right-turn lane. • Warrior Drive/Tasker Road (north intersection): For 2012 background and build- out conditions, this intersection will operate with levels of service of "C" or better during the AM and PM peak hours assuming the following improvements: 1) Tasker Road is to be realigned to the east through the proposed Crosspointe Center site; 2) The planned intersection of Warrior Drive/Tasker Road (north intersection) will maintain the following lane geometry: Eastbound — one shared thru/right-turn lane; Westbound — one shared left-turn/thru lane; Northbound - one shared left - turn/ right -turn lane. • Warrior Drive/Parkins Mill Road: For 2012 background and build -out conditions, this intersection will operate with levels of service "A" during the AM and PM peak hours assuming the following intersection improvements: 1) Warrior Drive is to be implemented from south of Tasker Road to north of Crosspointe Boulevard; and 2) The proposed intersection of Warrior Drive/Parkins Mill Road will maintain traffic control via a single lane roundabout. PH ���A Phased Traffic Impact Analysis of the Villages at Artrip December 15, 2004 Page 44 • Warrior Drive/Tasker Road (south intersection): For 2012 background and build- out conditions, this intersection will operate with levels of service -C'_ or better during the AM and PM peak hours. This planned intersection is to be signalized and will include the following lane aeometry. Eastbound — one left -turn lane, one thru lane and one right -turn lane; Westbound — one left-tut-ij lane, one thru lane and one right -turn lane; Northbound - one left -turn lane, one thru lane and one right - turn lane; Southbound —one left -turn lane, one thru lane and one right -turn lane. • Lakeside Drive/Tasker Road: For 2012 background and t -mild -out conditions this intersection will operate with levels of service "C" durin- the AM and PM peak hours. No improvements were required. PH A Phased Traffic Impact Analysis of the Villages at Artrip RA December 15, 2004 Page 45 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA o be completed by Planning Staff; ling Amendment Number Hearing Date Fee Amount Paid $ Date Received BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Winchester Artrip, LLC Telephone: 301-984-7000 Address: c/o The Tower Companies 11501 Huff Court, North Bethesda, MD 20895 2. Property Owner (if different than above) Name: Winchester Artrin LLC Telephone: 301-984-7000 Address: 11501 Huff Court, North Bethesda MD 2 0895 3. Contact person if other than above David L. Frank, CLA Name: Dewberry Telephone: 540-678-2700 611 West Jubal Early Drive, B1dg.B, Suite C Winchester VA 22601 4. Checklist: Check the following items that have been included with this application. Location map _X— Agency Comments X Plat X Fees —k — Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 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: Winchester Artri , LLC a wholly- owned sub sidiar of Tower Real Estate Group, LLC, the managing members of which are: Albert, Jeffrey, Gary and Ronald Abraxn.son. Other non—managing members consists of additional family individuals. 6. A) Current Use of the Property: Vacant Residential,: Retail, B) Proposed Use of the Property: Restaurants and Office. 7. Adjoining Property: See Table 3 following PARCEL ID NUMBER USE ZONING S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): South Frederick Land Use area, Tax Map 75—((A Parcel 99A. One mile west of I-81, 3/4 mile north of Tasker Road (VA Route 649), and 150' north of Fair Lawn Court (VA Route 1176). WE 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 75 - (A) - 99A Districts Magisterial: Shawnee High School: Sherando Fire Service: Stephens City Middle School: James Wood & R. E. Aylor Rescue Service: Stephens City Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 11169.924 RA R4 169.924 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed 905 Residental units - SFD/ Townhome/ MULTI - family Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: 11$,550 SF Commercial/retail/office/ Other:. Residental 13 Resend 5-19-05; 2:31PM;DEWBERRY ;540 678 2703 ## g/ 8 12. Signature: m 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 Fxederick 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): Owner(s): Ua 12 Date: Date: Date: 5� ;q Ar Date: S-19-05; 2:28PM;DEWBERRY 540 678 2703 # 2/ Frederick County,Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: The Villages at Artri 2. Owner's Name: Winchester Artri , LLC (Please list the names of all owners or parties in interest) 3. Applicant: Winchester Artri , LLC Address: c/o The Tower. Com antes Inc. 11501 Huff Court North Bethesda MD 20895 Phone Number: 310-984-7000 4. Design Company: Dewberry Address: 611 West Jubal Early Drive Bldg. B Suite C Winchester VA 22601 Phone Number: 540-678-2700 Contact Name: David L. Frank, CLA Page 11 5-19-05; 2:28PM;DEWBERRY ;540 678 2703 APPLICATION cont'd RIASIER DIS✓ MLOPIiII-ENT PLAN i 5 Location of Property South Frederick Land Use are11 a, Tax Map 75 ((A) Parcel 99A. One mile west of I-81, 3 4 mile north of Tasker Road, IVA Route 649), and 150' north of Fair Lawn Court (VA Route ), a -n 6. Total Acreage: 169.924 7. Property Information: a) Property Identification Number (PIN): 75 _ A —99A b) Current Zoning: Vacant c) Present Use: Residentail, Retail, d) Proposed Uses: Restaurants and Office e) Adjoining Property Information; See Attached Table 3 Property Identification Numbers North South East West Magisterial District. Property Uses Shawnee S. Is this an original or amended Master Development Plan % Original .f Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that themaster development plan shall include all contiguous Iand under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: Page 14 5-19-05; 2:28PM;DEWBERRY 540 678 2703 # 4< Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners ofproperty adjoining the land will be notified of the Planning Co the and the Board of Supervisors meetings. For the purpose of this application, ad joining 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 1st fXoor of the Frederick County Administration Building, 107 North Kent Street. NAME e r,T%a m - o n r�,. -- Page 15 PIN Name 75-A-101 Wakeland Manor Land Trust 75-A-95 Glaize Development, Inc. 75-A-96 Glaize Development, Inc. 75-A-97 Steve Dubrueler . 75-A-99 Frederick County 75G-11-8-116 Ronald Santoro & Pamela Chagnon 75G-11-8-117 James Swiger & Michelle Vitela 75G-11-8-118 David T.& Tammy M. Foster 75G-11-8-120 Robert & Mary E. McDonald 75G-11-8-121 Winchester/Artrip LP 75G-11-8-122 Timothy J. Elliot Sr. & Kathleen A. Elliott 75G-11-8-123 Timothy Wingfield 75G -4-4B-60 Rodney & Suzanne R. Torp 75G -4-4B-62 John & Melissa Corder 75G-4-46-63 Patricia Gail Beardslee 75G-4-46-64 Cynthia D. Rodriguez 75G-8-5-85 Timothey J. & Karen E. Adams 76-A-13 W.F. Artrip, Jr. 76-A-23 Jasbo, Inc. /Vote: 1. Information from SpecPrint Edition 13, 2004 2. Use Codes: 2- Single Family Residential (Suburban) 4- Commercial & Industrial 5- Agricultural / Undeveloped (100+ ac.) 6- Agricultural / Undeveloped (100+ ac.) 73- Regional / Local Government 11/8/2004 10:30 AM THE VILLAGES AT ARTR/P TABLE 3 Adjacent Property Owners Address City Stephen City St. VA Zip 22655 Use 6 Zoning P.O.Craig 8 Box 888 P.O. Box 888 Winchester Winchester VA 22604 2 (Residential) RPP.O RA 346 Saddleback Lane 107 N. Kent St. Winchester VA VA 22604 22602 6 (Over 100 Ac.) 2 (Residential) RA RA 106 Canaan Ct. 105 Canaan Ct. Winchester Stephens City VA VA 22601 22655 73 (Exempt) 2 (Residential) RP RP 103 Canaan Ct. Stephens City Stephens City VA VA 22655 22655 2 (Residential) 109 Fair Lawn Ct. 11501 Huff Ct. Stephens City VA 22655 2 (Residential) 2 (Residential) RP RP 105 Fair Lawn Ct. N. Bethesda Stephens City MD. VA 20895 22655 2 (Residential) 103 Fair Lawn Ct. 102 Jade Ct. Stephens City VA 22655 2 (Residential) 2 (Residential) RP RP P.O. Box 90010 c/o Valerie Whit Stephens City Richmond VA VA 22655 2 (Residential) RP 125 Bell Haven Cr. 127 Bell Haven Cr. Stephens City VA 23225 22655 2 (Residential) 2 (Residential) RP RP 129 Bell Haven Cr. Stephens City Stephens City VA VA 22655 22655 2 (Residential) 1726 Front Royal Pike P.O. Box 480 Winchester VA 22602 2 (Residential) 6— (Over 100 Ac.) RP RA Stephens City VA 22655 5 (20-100 AC.) RP P:\Project\76030007\Admn\Rezoning Application Text Documents\REZONING TABLES.xls3 SURR OWNERS 611 West Jubal Early Drive 540 678 2700 .;., y.�.,� Suite C 540 678 2703 fax ya8a' Dewberry Winchester, VA 22601 www.dewborry.com May 9, 2005 Michael T. Rudy, AICP Deputy Planning Director County of Frederick 107 North Kent Street Suite 202 Winchester VA 22601 Re: Additional Preliminary Comments Villages at Artrip Rezoning Application Dear Mike: On behalf of Winchester-Artrip LLC, applicant, we are resubmitting for additional review and comment the revised the Rezoning Application Proffer Statement and Master Development Plan. Upon receiving a letter from your office dated 02/14/2005, the applicant has revised the Rezoning Application Proffer Statement and Master Development Plan and offers the following responses to you comments: Comment: 1. The Comprehensive Plan provides two clearly stated goals that pertain to planned communities which seek to encourage large scale new communities that are creatively and appropriately designed to provide the highest possible quality of development and seek to ensure that new planned communities do not have adverse impacts on the community. Response: The revised submission attempts to address the Planning Office comments made here and in our meetings, to increase the Applicant's level of commitment to specific design elements with respect to the critical "Core Area" of the proposal, to refine commitments to other Landbays outside the Core Area, and to refine the draft proffer statement to reflect construction requirements for significant roadways, and dedication of land to public use for an elementary school. Comment. 2. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The approach offered with this application seeks to achieve this desirable concept and is supported by the Comprehensive Plan. Response: No comment necessary. Dewberry & Davis LLC Comment: 3. From a land use planning perspective the location and scale of this project may present a unique opportunity to implement a truly mixed use project into Frederick County. The property is centrally located to the developing areas of the County at the future confluence of Warrior Drive and Parkins Mill Road. The prominent visibility and strategic location that will ultimately be provided at this location should be advantageous to the success of this concept and project. Such a creative approach or concept would be more preferable and acceptable than a rezoning that would simply enable more of the existing pattern of development to occur. Recognizing the desirability of the concept, many of the following comments seek to ensure that the impacts associated with such a project are addressed to the greatest extent possible. Response: The Applicant shares a desire to create a unique community in Frederick County, and to advance the County's long-term planning and transportation goals, and the plan and associated proffers have been developed with precisely this in mind. Comment: 4. The narrative describing the development proposal of the project and the residential uses is extremely flexible. It states that the uses may include and are not limited to the noted housing types. Further, the description of the unit types depicted on the MDP is clear in that it is for illustrative purposes only. This lack of commitment or specificity with the housing units and the MDP would appear to leave the ultimate mix of units and the overall design of the project open to significant modification that may ultimately frustrate the concept and design that has been presented to the County. The applicant should evaluate if it would be more appropriate to provide a greater level of specificity and commitment regarding the housing units and MDP. The more certainty that the Planning Commission and ultimately Board of Supervisors has regarding the ultimate outcome of the project may result in a greater comfort level in the disposition of the application. Response As noted, the revised Rezoning Application and Master Plan have refined the design concept for The Villages of Artrip community Core Area. The Core Area as depicted in the revised Master Development Plan dated May 20, 2005 will consist of a minimum of at least two different residential building types, commercial/retail/office/restaurant space ultimately totaling 118,550 square feet, and community open space areas integral to the ecological design concept for the Village Pond. Comment: 5. throughout the application there are requests to modify certain elements of the requirements of the Zoning Ordinance as enabled by Section 1.65-72.0 of the Zoning Ordinance. As required, the applicant shall demonstrate that the requested modification is necessary or justified. It would be helpful for the applicant to consolidate all of the requested modifications in some form of justification statement or document. Further, an alternative dimensional requirement plan and alternate buffer and screening plan should be prepared that clearly identifies the modifications or alternatives that are being requested and the justification for such modification. Presently the various requests are located throughout the application and in the proffer statement. The above would provide clarity in the review and potential ultimate endorsement of modifications and would be most helpful to the rezoning and MIP administration. As we had previously discussed, please find enclosed with these comments a copy of a similar document that was accepted by the County with the Stephenson's Village rezoning application for your information. Dewberry Response: The revised Rezoning Application and Master Development Plan have consolidated residential design criteria in Appendix A of the draft proffer statement. This revised proffer statement requires all residential development to strictly adhere to the Frederick County ordinances, and where applicable to the design guidelines of Appendix A of the proffer statement where innovative housing alternatives are proposed in future Subdivision Design Plans presented for review and approval by Frederick County. These modifications to standard design guidelines are critical to the creation of a viable neo -traditional development. Detailed justification of each revision does not, under such circumstances, seem required but can be discussed further with the Planning staff. Comment: 6. A listing has been provided within the narrative that identities the dimensional standards for which the applicant seeks modification. It is suggested that a separate document is created that would stand alone from the application and also have the ability to be attached by reference to the proffer statement. The justification for the modifications should be addressed in the application. Response: See comment response #5. Comment: 7. It would be desirable for the applicant to expand upon the brief justify action offered for the modifications to the dimensional standards. Further, there does not appear to be a real nexus between the design standard modifications and the design and construction of a portion of Warrior Drive, a major collector road. It may be more appropriate and helpful to the application to recognize the Warrior Drive improvement in relation to older project benefits or modifications such as the overall project density. Response: The revised Rezoning Application, Proffer Statement and Master Development Plan has committed to the full construction of the bridge for Warrior Drive from the Wakeland Manor subdivision, the full construction of Warrior Drive to the applicants property to meet with the section of Warrior Drive proffered with the Crosspointe Rezoning Application, and the dedication of an elementary school site. This application is therefore justified in proposing the residential densities requested in this application. Comment: 8. The applicant has proposed a modification which would result in a reduction of the required parking for the commercial elements of the plan. It may be helpful to expand upon the rationale and justification for this modification request. Further, it is offered that the potential may exist for a further reduction in the visibility of the parking area in front of the core commercial structures. This could be achieved by relegating this parking to an area behind the core commercial buildings and moving the core commercial buildings in a southerly direction or slightly closer to Warrior Drive and Parkins Mill Road, further promoting the neo traditional concept. Response: The revised Rezoning Application and Master Development Plan have modified the commercial component of the central core of the community. As a result of an extensive market study on the commercial viability of retail in this location, which accounted for already approved retail nodes in immediate site vicinity, the revised Master Development Plan has reduced Dewberry the total square footage of retail/office space, and in turn reduced the total parking lot surface area supporting the non-residential component. The Rezoning Application currently proposes the development of a total of 118,550 square feet of retail/office space. The Applicant is also proffering to conduct a parking study at the time of final development plans, should it be required to demonstrate the propriety of parking reductions that may be sought. The applicant requests the modification to reduce or increase the parking requirements by 20% to better align with current or future market trends. Comment. 9. With regards to the commercial uses in general, and on alternative Landbay D in particular, the application has not committed to the design and layout of the commercial uses and structures. Architectural design standards could be considered as a proffer that would ensure the character and integrity of the design program that has been represented with this application. The concepts and renditions presented would appear to be highly desirable in such a community. However, it should be recognized that as proposed there is no guarantee that the architecture and design would be achieved. The concept presented stands out above the typical suburban developments with unlimited access that is currently prevalent. It is the desire of the County to ensure that what is presented in support of this application is guaranteed with the mechanics of the rezoning application. Further, that the innovative approach offered by the application is ultimately fulfilled. Response: The revised Rezoning Application proffer statement has added a list of building materials to be acceptable for the commercial and residential construction. Comment: 10. It may be appropriate to ask the applicant which scenario is their preferred option for Landbay D and why. The result of the implementation of the option would be a decrease of 80 units, from 900 to a total of 820, and an increase in the commercial square footage of 43,560, from 175,700 to 219,260 square feet. It should be pointed out that the MDP included with the application does not accommodate the commercial conversion of Landbay D. A mechanism to effectuate this should be provided in the proffers or as an alternative section of the MDP in anticipation of this being the preferred scenario. Response: The revised Rezoning Application and Master Development Plan no longer has multiple versions planned for former Landbay D Comment: 11. An important request of the application is that which requests flexibility to change and/or relocate housing types, and as necessary, neighborhood alleys and streets, provided that the total number of residential units and densities set forth for each landbay shall not be exceeded, and that primary access points to proffered roads be similarly maintained. The substantial flexibility that this request offers is extremely problematic when considering this application and its illustrated concept. An extreme result of this flexibility could be a completely different project with only the total number of units as the guiding element for the design. This issue needs to be resolved in favor of the ultimate implementation of the illustrated concept depicted in the Concept and Master Development Plans. The concept that has been presented to the County is in general terms positive and consistent with the goals of the Comprehensive Plan. However, the requested flexibility leaves open the opportunity to change the project beyond the design and context of the presented project. Dewberry Response: As noted in comment #4 response, the Rezoning Application is committing to the development concept for the Core Area. This area, as reflected graphically in the revised Master Development Plan, will insure that the concept design remains intact in the community Core through the development process. Comment: 12. An exhibit has been provided that shows conceptual building elevations of the various product types anticipated to be constructed within this development. This exhibit reflects a positive image for the project and would be desirable. However, no commitment has been made in the application to guarantee the successful inclusion of the various product types. It may be desirable for the applicant to proffer the various design elements illustrated in the exhibit. In particular, the urban core of Landbay A with its mix of commercial and residential uses in a well planned and designed environment warrants consideration for such an approach. This focal element of the project is most critical to ensuring the character and function of the mixed use village concept that has been introduced with this application. Response: See response to comment #9. U. Transportation. Comment. 1. It is imperative to call attention to the fact that the Concept Plan, the MDP and its associated road designs, or the proffered transportation improvement program do not address the need to connect the Warrior Drive improvements into the existing and/or approved off-site Warrior Drive improvement projects. The assumptions of the TIA provide for this connection to occur in one direction or another and ultimately in both directions. It is safe to say that the validity of the project and rezoning application depend on the connection of Warrior Drive to existing sections of Warrior Drive. Coordination should occur with adjacent development projects and satisfaction of this issue should be completely secured with future modifications to this application. I have provided a copy of the adjacent Wakeland Manor projects Warrior Drive design and commitments for your information. Response: The revised Rezoning Application, proffer statement and Master Development Plan have added language and graphic typical sections indicating that the connections to the existing segments planned for Warrior Drive will occur as a result of this application. The following comments relate to the details of the proposed transportation improvements. Comment: 2. Consideration should be given to construction of the ultimate roadway cross section designed for the Warrior Drive improvement portion of this project in a similar manner to the Crosspointe project and the Warrior Drive project south of Route 277 recently completed by the County and VDOT. It is recognized that the design of the typical sections provide for an initial and future typical section. While the initial section for Parkins Mill Road would suffice for a more significant length of time, the importance and location of Warrior Drive, and the projected traffic volumes, would suggest a need to implement the ultimate design of Warrior Drive within a shorter 11. Dewberry time frame. Response: The revised Rezoning Application and Master Development Plan now indicate that the full section of Warrior Drive will be completed as each phase progresses. The full pavement section will match the existing pavement section of Warrior Drive constructed through Wakeland Manor. Conversations have been had with representatives of Centex Homes, developer of Wakeland Manor, and Centex has indicated a willingness to assist in constructing the linkage of Warrior Drive to the south. Conversations with Glaize Development, the developer of Crosspointe are on-going and have been cordial. Comment: 3. The proposed typical sections indicate the provision of gravel shoulders with the interim and future sections of portions of both Warrior Drive and Parkins Mill Road. This approach is not conducive to bicycle travel. As you are aware, Warrior Drive is designated in the Comprehensive Plan as a Bicycle Route. Any accommodation that could be made to facilitate this designation should be considered. Additional paved width in the travel lane or the provision of a paved shoulder consistent with Virginia Department of Transportation guidelines could be introduced into the typical sections. Response: We are aware of the need for bicycle travel opportunities in Frederick County. It is the intent of this development to provide for bicycle travel in trails adjacent to but separated from the northern boundary of Warrior Drive. Comment: 4. Based upon the existing location of the Warrior Drive hiker/biker trail and proposed expansions to the trail it would be appropriate to designate and design the trail along the east side of Warrior Drive through the limits of the property to a point where the transportation improvements connect into the existing or proposed road system. The typical road sections on the MDP should be modified accordingly and should reflect the appropriate width hiker/biker trail. Response: In the process of revising the Rezoning Application and Master Development Plan in response to all agency comments, the Applicant will continue to provide for pedestrian and bicycle circulation separated from the proposed vehicular transportation improvements. Typical sections for proposed trails are included in the Master Development Plan. Comment: 5. The responsibility of the design, dedication, and construction of Lakeside Drive should be further elaborated on with this application. The transportation element of the Comprehensive Plan recognizes this road connection and the application indicates a recreational use of adjacent Landbay C with access from this road. The ultimate use of the area south west of Warrior Drive in the vicinity of Lakeside Drive may evolve and the connection to existing Lakeside Drive may not be timely, however, access to this portion of the project should be addressed further. Response: Upon further review, the applicant finds that it is appropriate to reserve a 50' the Right-of-way for a possible future connection of Lakeside Drive to Warrior Drive. However, the design and construction of this road does not appear appropriate at this time, when considering that the future access and environmental impacts from the south approaching the applicant's property raise a significant number of planning and design issues. Without adequate information, design and construction of this roadway is premature but the right-of-way will be reserved. Dewberry Comment: 6. Accommodations for the ultimate design of Warrior Drive and Parkins Mill Road should be provided throughout the limits of this property to a point where the roads connect with adjacent projects commitments. This should include accommodations for drainage and trails. Response: The revised Rezoning Application and Master Development Plan ccommodate for the ultimate design of Warrior Drive as detailed in the Traffic Impact Analysis prepared by PHRA and accepted by VDOT. This includes the construction of Warrior Drive so as to not leave any unconnected segments of this major collector from the terminus points proffered by the Wakeland Manor and Crosspointe Development Plan Applications. Parkins Mill Road will be constructed to the extent of the applicants property limits as depicted on the revised Master Development Plan. All final road designs, public and private, shall be in accordance with current VDOT design standards and engineering principles, to include accommodations for storm drainage and trail interconnectivity where planned and appropriate, except to the extent modification of those standards for private streets is authorized. Comment 7. Consideration should he given to extending Parkins Mill Road to a more logical terminus beyond the access point of the final private driveway that is depicted on the MDII. The adjacent Canter Estates V project will provide for the necessary right-of-way dedication for the extension of Parkins Mill Road to accommodate this expansion. I have provided a copy of the adjacent Canter Estates V subdivision design plan for your information. Response: The applicant proposes to extend Parkins Mill Road to the limits of the applicant's property. Comment: 8. The opportunity exists to further address identified community facility needs by anticipating potential locations that may be appropriate for future public uses. Such locations would appear to be adjacent to existing publicly owned land and land proposed to be provided for recreational uses. Response: The revised Rezoning Application and Master Development Plan have added the dedication of land for an elementary school site. This dedicated site would also serve as a community facility through the creation and use of soccer fields and playground equipment. Additional tot lots and a 25 meter outdoor pool and bath house are shown on the revised MDP. III. Proffer Statement. Comment. 1. The initial and perhaps most significant proffer is Land Use Proffer 1 .1. The language contained within this proffer is extremely permissive and provides complete flexibility to modify the design, layout, and concept of the project from what is promoted with the rezoning application. As presented, the language opens up the core concept of the application to be frustrated. The County is in general support of the mixed use village concept proposed with the application and Dewberry would seek to ensure its completion with a commitment to a project that is in conformance with the initially presented MDP. Response: Revisions to both the Proffer Statement and the Master Development Plan have addressed the staff's expressed concerns and have committed to specific development details within the Core Area and other portions of the development. Refer to the revised Proffer Statement. Comment. 2. The commercial development of the property should be in a style consistent with that presented in the application. The proffers do not ensure that this will occur. No architectural details and site design elements have been proffered and secured. It would appear as though the core commercial area is integral to the design of the project and the success of the concept. It may be appropriate for the applicant to consider this within the proffer statement. Response: See answer to Comment # 9 of Part I of this letter. Comment 3. It has been suggested that the alternative development standards included in the proffer statement be detached from the statement and stand alone. The proffer statement should then make specific reference to the stand alone document as an attachment to the proffers and would therefore be recognized as an integral part of the proffer package. Response: The revised Proffer Statement is providing a comprehensive description, Appendix A, in order to clarify the details of the alternative development standards. Appendix A will function as a stand alone design guide for the future site engineering and subdivision process. Refer to the revised Proffer Statement. Comment: 4. It would be helpful for the application to further describe the shared parking concept proposed for the commercial areas of this application. A reduction in the amount of 20 percent may be appropriate. However, no justification has been provided for this reduction as required. Response: The integration of commercial and residential uses should in theory justify a reduction in the number of parking spaces required. However, the speculative nature of this development and the unknown timing of Warrior Drive's connection to Crosspointe require the above flexibility with respect to parking. Comment: 5. A phased approach to the development of this project is desirable. The details of the phasing program offered warrants modifications to ensure that an increased amount of commercial comes on line earlier in the development process. Particular attention should be paid to providing for the inclusion of the core commercial area as early as possible in the projects lifecycle. This would provide for a key component of the overall concept of the project. Presently, 577 residential units could be in place prior to the inclusion of 10,000 square feet of commercial. The entire 900 units could be developed prior to the initiation of the remaining commercial product being introduced. In fact, there appears to be no guarantee that the commercial will be provided. Certainly, there is no assurance that the commercial will be provided in the preferable manner represented in the concept plan. Dewberry Response: The Applicant proposes to develop the property in three Phases, and is now committing to the construction of 10,000 square feet of commercial development prior to the initiation of Phase III. Because the economic viability of the project for commercial uses is so dependent upon the completion of Warrior Drive through Crosspointe as well as through Wakeland Manor, the Applicant does not believe that it is reasonable, or even possible, to commit to additional commercial development prior to the connection of Warrior Drive to I-81 and through Wakeland Manor. It can be fairly anticipated that such development will occur once the necessary road connections are in place, and if the market permits earlier development, it will be constructed Comment: 6. Please correct the reference in proffer 3.1.5 regarding the early construction of Warrior Drive and its connection to area roads. Response: The revised proffer statement accommodates this concern. Warrior Drive is extensively treated elsewhere. Refer to the revised Proffer Statement. Comment: 7. Connection should be provided for the provision of necessary community facilities in relationship to the phasing program. A summary of the requirements of the Ordinance should be provided which would include consideration of the additional recreational units for the small lot single family housing alternative. It may be appropriate to further clarify the commitments regarding community facilities in the proffer statement. An elaborate arrangement of community facilities has been expressed in the Concept Plan. However, the flexibility proffered by the applicant may enable a substantially alternative approach to be provided. Response: Refer to the revised Proffer Statement. Comment. 8. The architectural, signage and landscaping proffers could be more illustrative and committal to achieving a certain design for the Villages project. The proffered buffering should be consistent with the alternative buffer and screening plan that is developed for this project. Also, please provide the comprehensive sign plan that is referenced in proffer 4.3. Response: Refer to the revised Proffer Statement. Comment: 9. It should be noted that the minimum acceptable standard for hiker biker trails is ten feet in width. Proffer 5.1 should reflect this requirement. Response: The revised proffer statement has modified proffer 5.1 to reflects a Hiker biker trail width of ten feet. Comment: 10. It would be appropriate for the application to address the full impacts on the Community Facilities of the proposed project. Presently, the values have been omitted from the proffer statement. A significant relationship exists between the phasing of the project, the inclusion of the commercial land uses, and the impacts to community facilities. The identified fiscal impacts of the Dewberry project should be fully addressed with this application. A reevaluation of the phasing may assist in addressing the impacts of the residential components of the project. Alternately, it may be appropriate to offset the impacts of the residential components of the project by contributing a corresponding amount that represents the impact of only the residential components of the project. This may ease any concern regarding the timing of the inclusion of the commercial components of the project. Response: The revised rezoning application and proffer statement proffers monetary and land contributions to off -set impacts that the proposed development may have on the community. In addition to the proffered monetary contributions, the Applicant would construct the ultimate design of the connection of Warrior Drive from the Wakeland Manor Subdivision to the Crosspointe Subdivision, which includes an off-site $3 million bridge improvement in the Wakeland Manor right-of-way dedication accessing the Applicant's property. This capital improvement to community facilities significantly contributes to the greater transportation needs of Frederick County. The Applicant is further willing to provide land for construction of an elementary school. Refer to the revised Proffer Statement. Comment. 11. A fine example of a specimen Delaware Pine tree is identified in the application and exists on the property in the general location of the original home site and gravesite. Further consideration should be given to the preservation of this tree and the incorporation of the tree into the overall design of the project. Response: In the process of revising the Rezoning Application, Proffer Statement and Master Development Plan, open spaces have been created in the vicinity of the specimen tree noted. It is the intent of the Applicant to attempt to preserve this tree during the preparation of final engineering documents and construction. Comment: 12. The character of the environmental areas adjacent to the steep slope areas and the mature woodlands that exist in this vicinity are dramatic examples that should be incorporated into the project. Serious consideration should be given to adjusting the limits of development to minimize the impacts on these resources. This appears to be a more critical concern adjacent to the Opequon Creek. Such modifications would appear to have a minimal impact on the overall development of the project and would result in enhanced areas of environmental protection. Response: Specific attention has been given to the wooded slopes near the Opequon Creek boundary in the Master Development Plan revisions. Additional separation has been achieved in some areas of noted concern. Specifically, the limits of development have been moved further away from Opequon Creek to further protect the identified environmental resource. Comment: 13. The notations regarding the proffered transportation improvement should be modified to ensure that the road improvements related to a specific phase of the development are substantially completed prior to the issuance of the first building permit for that particular phase of the project. This is consistent with existing policy of the County Department of Public Works. The design, bonding, and platting of the phases of the project will occur prior to the issuance of any building permits for the project consistent with customary land development practices and County policy. ": Dewberry Response: The Applicant acknowledges that prior to building permits, related road improvements must be designed, bonded and platted consistent with Frederick County land development policy. Comment. 14. Specific language should he included regarding the roundabout intersection improvement project at the intersection of Warrior Drive and Parkins Mill Road. In addition, accommodations should be provided for the connection of Lakeside Drive, or an alternative entrance to this area of the project, into the roundabout intersection. Response: The proposed Warrior Drive roundabout will be designed to all applicable VDOT design criteria and standards. The review and approval process will involve key VDOT personnel having expertise in roundabout design and construction. As the County is likely aware, VDOT has materially changed its policies on the use of roundabouts because evidence has demonstrated that they can be safer and more effective in moving traffic than stop signed or signalized intersections. Should VDOT decide not to have a roundabout, then the intersection with Lakeside Drive will be signalized. The Applicant proffers to build Lakeside Drive north of Warrior Drive (Parkins Mill Road) to the Applicants property line; or the Applicant will provide the right-of-way required to connect to Cantor Estates where construction at the property line cannot be completed at the point in time when build out is finished. Comment. 15. It may he appropriate to consider advancing the substantial completion of the transportation improvement package for the entire project with the initial phase of the projects development. Response: The phasing of the transportation improvements and have been revised to satisfy the needs of VDOT as determined through the analysis of the Traffic Impact Analysis prepared for this rezoning application. Comment: 16. Proffer 15.4.1 should be revised to reflect the correct number of units as the approach appears to be cumulative. Also, as previously mentioned, consideration should be given with this section to the completion of Warrior Drive and the extension of Parkins Mill Road to a more logical terminus. Response: Proffer 15.4.1 has been revised to reflect the revised Rezoning Application and MDP. The Applicant proffers to build Warrior Drive from Wakeland Manor to the Warrior Drive roundabout location as a full -section. Comment: 17. It would be appropriate for the purpose of clarity to proffer the width of the right-of- way that is to be dedicated in conjunction with the transportation improvements for this project. Response: The revised Proffer Statement has specified where appropriate the width of the Right -of -Way to be dedicated for the future construction of Warrior Drive, Parkins Mill Road and Lakeside Drive. Dewberry The applicant has revised the Rezoning Application, Proffer Statement and Master Development Plan in response to multiple reviewing agency comments. We offer the following resubmission as a result of these application modifications. The applicant appreciates the opportunity to resubmit the revised Rezoning Application, Proffer Statement and Master Development Plan to your office for additional review and comment. Please do not hesitate to contact us should you wish to review or discuss the resubmission of this Rezoning Application and Master Development Plan. Sincerely, J ", David L. Frank, CLA Project Manager Encl. Dewberry C C • MASTER DEVELOPMENT PLAN #09-05 STONEWALL PLAZA Staff Report for the Planning Commission Public Meeting Prepared: July 13, 2005 Staff Contact: Candice E. Perkins — Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/03/05 Pending Board of Supervisors: 08/24/05 Pending LOCATION: The site of the proposed development is located along the Route 522 North Corridor adjacent to existing commercial, residential land uses and interstate uses. This property is located next -to the existing Trex Center and Darville Subdivision, in the Sunnyside area of the County. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 42 -A -198H PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business, General) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: N/A Use: Route 37 South Zoned: B2 (Business General) East Zoned: RP (Residential Performance) B2 (Business General) Use: ComercialNacant Use: Single Family Residential Hotel West Zoned: B2 (Business General) Use: Commercial MDP #09-05, Stonewall Plaza July 13, 2005 Page 2 PROPOSED USE: Shopping Center and Retail Services REVIEW EVALUATIONS: Plannin$t & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester, VA Quadrangle) depicts the zoning for the subject parcel as B2 (Business General) District, and therefore does not contain proffers. C) Intended Use Shopping Center and Retail Services D) Site Suitability & Project Scope Land Use Compatibility: The site of the proposed development is located along the North Frederick Pike (Route 522) Corridor adjacent to existing commercial, residential and interstate land uses. This property is located next to the existing Trex Center and Darville Subdivision. Comprehensive Policy Plan: The subject property is located entirely within the Sewer and Water Service Area (SWSA). In accordance with the Frederick County Comprehensive Policy Plan, "business and industrial areas need to be served by public sewer and water". The subject property comprising this Master Development Plan is also within the study limits of the Eastern Frederick County Long Range Land Use Plan and is located in an area intended to remain business. (Comprehensive Policy Plan, page 6-8) Therefore, the proposed commercial use is consistent with the goals of the Comprehensive Policy Plan. Environment: The subject property does not contain any areas of steep slopes or floodplain. Transportation: Access to the site is proposed via one commercial entrance located on North Frederick Pike (Route 522) which is a major arterial road. As required for all major arterial roads MDP #09-05, Stonewall Plaza July 13, 2005 Page 3 with a speed limit over 35mph, a minimum entrance separation of 200' is required for all new entrances [Section 165-29.A (4)] which this site does meet. No new public roads are planned for this property as this site will be served by a private road that will circulate through the site. The new entrance to the commercial site is located across from Westminster Canterbury Drive which currently is an unsignalized crossover that functions with a level (C)D. This proposed development will be installing a new traffic signal at the intersection of Westminster Canterbury Drive and the entrance to Stonewall Plaza as well as dual left turn lanes into the site improving this intersection to a level of service (C)C. Buffers and Screening: This site is bordered by the Darville Subdivision to the east. The Master Development Plan depicts the required category B full screen buffer. This buffer includes a six foot opaque board -on -board fence along with three trees per ten linear feet (1/3 being deciduous). The current buffer detail provided on the MDP is incorrect and needs to be revised to show three trees per ten linear feet, not one entire tree and to half trees. STAFF CONCLUSIONS FOR THE 08/03/05 PLANNING COMMISSION MEETING: The preliminary master development plan for Stonewall Plaza depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. At this time only minor revisions to the MDP are needed and can be addressed prior to the Board of Supervisors meeting. Any issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forwarc'c a recommendation to the Board of Supervisors regarding this MI1P conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. B D 1981 ql SpgC F � 198E q �s8 C1 y f a 1956 198 g2FARR/ 6 � 19 195C FD P �~ KRpp 5D ES 195A pD S 42 195 _ 195D Foxridge:Ln� v BAILEY s 53 A 42A I 43 �7 e 4 o a a SNYDER 0-- m 44 53 A 44 45 198 POPE 42 A 198 199M TC.V. 42 A 198M 198H MPN REALTY 42 A 198H A y�9Ps w m 52 9 !Z; 53DSFNG n 3 ? 2 8 q BENHAM 1 SBENyAM 53D3 3 D 3 N 1 a: -0 4 BENHAM BENHAM 53D 3 4 53D 3 T BENHAM c 53D it 3� SUNNYSIDE PROPERTIES 52E 53 A 52E 8 MCLgUGHLIN WILLIAMS I WILLIAMS `4MARSHALLI M 42 121 8 198A 42 A 198A 1 42 121 1 ►�� 28 28 LS s3 ✓�c4 q WOOD 103 104 53A 3 2105 115 y to r v° G 120 ^ ply �o 3¢/ps a s � i s ��lc SSq /NC'>p J 106 10�A�W;tl;zmsC;r- o 113 n 3AARNES 119e �tia w o CRIM 18 h �ryb " 29 g a 53A 1 D 4 4 4 1g9 4 h > 53 SHAVEN o 19 q iD3 a h ^ti an BUTLER e 53q 3 10 ro n o 'D2 ? 9 53NOYER A f A 1 r 2 9 g HOUGH 53A t A y q8 g c/drk D//e� 8 1 53A �1 AST 14E r 6 53 TURK 'qq ?� �P q q>d A IAS 0 1 eo 5 53 WARD 5 ^ ?e .5?A Q >S 2 ST Q 4 ROSNIDER 1 A 4 1 PATEL 53A A 1 3 53 KIPpS 14 A fA 1qD ?? so y yAQ q 3 c S BUTC 2 -0 53 HER 0 0� to my n A 884 o y y 4 5 v AS3 �TT'FRS C a q qq �ry Q �v 15 E m n Map Features Plication ^� Bridges ^� Culverts Parcels Lakes/Ponds Dams Agricultural & Forestral Districts Streams I':s• Retaining Walls Vmtla Ch .. h euildinys Road Centerlines Refuge Chur h N Tanks ^, CD South Frederick Trails W E S D MDP #10-05 Stonewall Plaza (42 -A -198H) 0 250 500 1,000 Feet 85 lal I D B 8 MCLAUGHLIN -' WILLIAMS 42 121 8th '198A 42 1 WILLIAMSWIL121 v 28 MARSHALL MILLS 198 POPE `r A 198A 42 121 1 �� 42 142 28 42 A 198 1981 _ �------_,,. 198M TC.V, 42 A 198M 1" 4,04 f u 198L 4 0 `c 198H MPN REALTY C1 4w, p! 42 A 198H c� c� ✓ s79 a�yiNs p✓ 1D4WOOD 53A 32105 115 m W 120 ^ Q* I � • - ,` t l ? S gRl7 ,I �Agriculturalgr .- w vd P 8 Forestrat Districts dq Z/*0 ?1p7N 106 A56 101 Williams'Cir- - Double Mur h RO geChurch N 42 -A -198H ft: Tanks 113 M StA MES spa 53 1 D A7p 0 11A �� 0 250 500 1,000 5 6 � �i9 1 18 CRIM N ^tih .ti 53q 7 D 4 4 4 195 Q h 29 > ¢ h DEHAVEN o 19 S BUTLER 3 3 53q 7D 10o� N, h - 2 2U NO 9 53 - A 7 4q-: o 1 2 N A 9 8 53q OUGR 4%zs h Q n h by ti qf. 7 A 8 q5 Clark:GQ 1 53AAf CS 2qC ti0 CyFS 1958 1 a ■ le Dr A 7 74E S3A HIRF FF ` .t 6 TURK 'q-9 Q A 4> o? ,QyV 196 42 A Y,9 �q 53q 7A 7 6 0 195C �P �h 95 rFTw 1 4 5 53 WARD ^a ?5 0� o Q >S A :' 9P v t o ic°q A 7 A 5 W `� 195A a KRpF00 P 195DCE5 9 v i TSF s2 2 4 4 53g0S 11DER N� 1530 3NG / 4 195 3 K/pp5 14 42 195D O I ? 2 1 PATE L A 1 7q0 e 53A A l A 3 ?7 �j 9t n-. BENHAM BFN ; rr x BAILEY 6 q 53D 3 3 1 53O 3 AM f BUTCH S' >8 A 42A 7AE2 a moo 4 BENHAM Q A 43 A 53D 3 4 { O 4 R :k, BE 41 BENHAM BENHAM E Y Z Fq 53D 3 7 53D 3 5 r:, F 5 y p C $3,4 Th'FRS 'Jie �'��� Bp o ¢ ¢ SNYDER �` 0 4 qq 4 h 56 Q Q qui 7p4 15 � � h 44 53 A 44 i o U 45 SUNNYSIDE PROPERTIES $34 AGER k �� � ' gq N 52E 53 A 52EI 6 ? 2 m co^ 6D WiRedoubt-l:n 31 "Q Q "~ 1,00L E 3 °' D to`° 85 98 1?3 '~MDP r\ Map Features # 10 - 05 I � • - ,` t l Application ^/ Bridges `� ^�"Unn.= ,I �Agriculturalgr Stonewall Lakes/Ponds ^� Dams 8 Forestrat Districts Plaza .M.. Streams ./V Retaining Wail. v Buildings Road Centerlines AV, - Double Mur h RO geChurch N 42 -A -198H ft: Tanks South Frederick ` / . Trails s W+ 0 250 500 1,000 S Feet 0 250 500 1,000 Feet JUL. 1 2 APPLICATION MASTER DEVELOPMENT PLAN Department of Piaruning and Development g Only. Date application received -7 Application Complete. Date of acceptance Incomplete. Date of return 1. Project Title: Stonewall Plaza 2. Owner's Name MPN Realty, Inc., VA Corp. 303 South Loudoun Street Winchester, VA 22601 (Please list name of all owners or parties in interest) 3 H Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 662-4185 Design Greenway Engineering Company: Address: Same Phone Number: Same Contact Name: Jeremy Tweedie or Niki Adhikusuma, PE 5. Location of Property Route 522 North, Sunnyside 6. Total 21.91 acres Acreage: 7. Property Information a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: North South East West Property Identification Numbers See attached list t) Magisterial District: 42 -((A)) -198H B2 Vacant 132 -Commercial Property Uses Stonewall 8. Is this an original or amended Master Development Plan? Original M Amended ❑ I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: j `� STONEWALL PLAZA Adjacent Property Owners Tax Map # Use South 53D-3-2 B2 -Commercial 53D-3-1 B2 -Commercial 53-4-2-D B2 -Commercial 53A -A-5 B2 -Commercial 53A -2 -D -C B2 -Commercial West 42 -A -198G B2 -Commercial 42 -A -198M B2 -Commercial East 53A-3-2-102 RP -Residential 53A-3-2-101 RP -Residential 53A -1-D-6 RP -Residential 53A -1-D-4 RP -Residential 53A -1-D-3 RP -Residential 53A -1-D-2 RP -Residential 53A -1-D-1 RP -Residential 53A-4-3-6 RP -Residential 53A -A-1 B2 -Commercial North 42-A-198 RA -Residential Route 37 File #4090/JT/dlm ,V 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) MPN Realty, Inc., VA Corp -Bruce A. Griffin, Managing Member (Phone) (540) 667-2424 (Address) 303 South Loudoun Street, Winchester VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book Instrument No. 904 on Page 927 and is described as Parcel: 42 Lot: 198H Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway ineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits /❑ Mastei DCVClGPM- rcut Pluii (aureuC mm --j and F; nal) ❑ 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 fro the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, ave heret et my r) hand and seal this 11th day of July, 2005 Signature(s) State of V/ ginia, City County�ofFrederick, 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 las acknowledged the same before me in the jurisdiction aforesaid this 11th day of Jam, 2005. My Commission Expires: February 29 200,9, Notary Public